HomeMy WebLinkAboutAG RPTS 2011 0503 PC SPC 411t4::
Resolution No. PC-2010-563
PLANNING COMMISSION
SPECIAL MEETING AGENDA
TUESDAY, MAY 3, 2011
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
5. PUBLIC COMMENT:
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
All writings and documents provided to the majority of the Commission regarding all agenda items are
available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular
business hours. The agenda packet for all regular Commission meetings is also available on the City's
website at www.ci.moorpark.ca.us.
Any member of the public may address the Commission during the Public Comments portion of the Agenda,
unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission
concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion
of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to
the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call
for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of
each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes
shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five
minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be
submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions
concerning any agenda item may be directed to the Community Development/Planning office at 517-6233.
Special Planning Commission Meeting Agenda
May 3, 2011
Page 2
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
8. PUBLIC HEARINGS: (next Resolution No. PC-2010-563)
A. Consider Resolution Recommending to the City Council Adoption of a
Mitigated Negative Declaration, Approval of General Plan Amendment
No. 2009-01, Zone Change No. 2009-01, Industrial Planned
Development No. 2009-01, Conditional Use Permit No. 2009-01, and
Development Agreement No. 2009-02 between City of Moorpark and
Los Angeles Avenue LLC to Allow a Motion Picture Studio Complex
With 12 Soundstages, Support Buildings, and Surface Parking on a
44.467 Acre Site Located on the North Side of Los Angeles Avenue,
West of Gabbert Road, on the Application of Triliad Development, Inc.
for Los Angeles Avenue LLC. Staff Recommendation: 1) Open the
public hearing, accept public testimony and close the public hearing; 2)
Adopt Resolution No. PC-2011- recommending to the City Council
adoption of a Mitigated Negative Declaration, approval of General Plan
Amendment No. 2009-01, Zone Change No. 2009-01, Industrial
Planned Development No. 2009-01, Conditional Use Permit No. 2009-
01, and Development Agreement No. 2009-02. (Staff: Joseph Fiss)
9. DISCUSSION ITEMS:
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of March 22, 2011.
Staff Recommendation: Approve the minutes.
B. Consider Approval of the Minutes of the Joint Meeting of the City Council
and Planning Commission Meeting of March 29, 2011. Staff
Recommendation: Approve the minutes.
11. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, including auxiliary aids or services, please contact the Community Development Department at
(805) 517-6233. Upon request, the agenda can be made available in appropriate alternative formats to
persons with a disability. Any request for disability-related modification or accommodation should be made
at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements
can be made to provide accessibility to the meeting(28 CFR 35.102-35.104;ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
AGENDA
I, Joyce R. Figueroa, declare as follows:
That I am the Administrative Assistant of the City of Moorpark and that an agenda of the
Special Meeting of the Moorpark Planning Commission to be held on Tuesday, May 3,
2011, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799
Moorpark Avenue, Moorpark, California, was posted on April 28, 2011, at a conspicuous
place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on April 28, 2011.
cL /i . . 1 fin na
Jo e . Figueroa, Administrative Assistant
ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development. hector\
Prepared by Joseph Fiss, Principal Planner\ /
DATE: April 28, 2011 (PC Special Meeting of 513/201
SUBJECT: Consider Resolution Recommending to the City Council Adoption of a
Mitigated Negative Declaration, Approval of General Plan Amendment
No. 2009-01,Zone Change No. 2009-01, Industrial Planned Development
No. 2009-01, Conditional Use Permit No. 2009-01, and Development
Agreement No. 2009-02 between City of Moorpark and Los Angeles
Avenue LLC to Allow a Motion Picture Studio Complex With 12
Soundstages, Support Buildings, and Surface Parking on a 44.467 Acre
Site Located on the North Side of Los Angeles Avenue,West of Gabbert
Road, on the Application of Triliad Development, Inc. for Los Angeles
Avenue LLC
BACKGROUND
On March 23, 2009 Triliad Development, Inc. (on behalf of Los Angeles Avenue, LLC)filed
an application for a General Plan Amendment, a Zone Change, an Industrial Planned
Development Permit, a Conditional Use Permit, and a Development Agreement to allow a
motion picture studio complex with 3 office buildings, 12 sound stages, and several other
buildings for studio support services all totaling 559,450 square feet of building space on a
44467 acre site located on the north side of Los Angeles Avenue, West of Gabbert Road.
The site comprises of 3 full parcels and an approximate 30-foot wide strip of a 4th parcel
and it is currently owned by Los Angeles Avenue LLC, PEGH Investments LLC, and the
Ronald Newburg Trust et al. The project may be developed in two phases as shown in the
project summary table below, with perimeter and off-site improvements to be built as part
of the first phase.
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The applicant is requesting the following City approvals:
• A General Plan Amendment (GPA) to change the land use designation on
approximately 10.75 acres of the site from General Commercial (C-2) to Medium
Industrial (1-2) to be consistent with the rest of the site;
• A Zone Change to change the existing zoning on approximately 10.75 acres of the
site from Commercial Planned Development(CPD)to Medium Industrial(M-2)to be
consistent with the rest of the site;
• An Industrial Planned Development Permit (IPD) for the proposed site layout and
improvements, including building design, materials and colors, and landscaping;
• A Conditional Use Permit (CUP) to allow the building heights above 30 feet (the
CUP allows for building heights up to 60 feet in the M-2 Zone (higher for
architectural features extending beyond the height range); and
• A Development Agreement between the City and property owner outlining fees and
improvements for which the developer will be responsible, as well as commitments
of the City to the project implementation.
The project also includes a lot line adjustment with the property to the west to add
approximately 30 feet to the width of the property and proposed widening of Los Angeles
Avenue (SR-118) with the acquisition of approximately 4 acres of agricultural land for
additional right-of-way on the south side of the street, in unincorporated Ventura County.
The highway widening would require an encroachment permit from Caltrans. Expansion of
the City's Sphere of Influence and annexation of the additional right-of-way into the City's
municipal boundary would need to be considered by the City and the Ventura County
LAFCo as the current City boundary follows the south side of the existing improvements of
Los Angeles Avenue west of the Buttercreek neighborhood. Annexation of the property to
Ventura County Waterworks District No. 1 is also required for the project to have water and
sewer service; with approval needed from both the district and Ventura County LAFCo.
DISCUSSION
Project Setting
Existing Site Conditions and Surrounding Uses:
The relatively flat, vacant project site fronts Los Angeles Avenue (State Route 118) in the
western portion of Moorpark, and is adjacent to unincorporated lands on the northwest and
southwest. Land uses surrounding the site include vacant land and the Union Pacific
Railroad right-of-way(ROW)to the north, vacant land to the west, agricultural land outside
the City's boundary to the southwest, the Buttercreek residential neighborhood to the
southeast, and the Southern California Edison (SCE) substation to the east.
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The Walnut Canyon flood control channel runs adjacent to the site on the east on the SCE
substation property and along the southern edge of the project property parallel to Los
Angeles Avenue. The Gabbed Canyon flood control channel runs from north to south
bisecting the western portion of the project property and joining the Walnut Canyon
channel adjacent to Los Angeles Avenue. These flood control channels are maintained by
the Ventura County Watershed Protection District (VCWPD). The current site access is
along Los Angeles Avenue with two service bridges over the open flood control channels.
The project site had previously been used for agriculture, but has been vacant for many
years. The site shows signs of prior and ongoing disturbances, including disking and off-
road vehicle use. Vegetation is dominated by non-native annual species. Native shrubs
and small trees are scattered within the matrix of non-native annual vegetation. In the
northwestern corner of the property, and along the northern boundary, are remnants of
coastal sage scrub vegetation. A single individual of Blue Gum Eucalyptus is present on
site and several more are located along the south side of Los Angeles Avenue in the area
proposed for highway widening.
Previous Applications:
On May 13, 1992, the City Council adopted Resolution No. 92-856, adopting the"Revised
Moorpark Land Use and Circulation Elements of the Moorpark General Plan and Related
Maps (GPA 89-1)". On November 4, 1992, the City Council adopted Ordinance No. 155
approving Zone Change No. 92-2, approving various zoning changes consistent with the
previously adopted Land Use Element. As part of these adoptions, a 10.75 acre portion of
this site, fronting on Los Angeles Avenue, was re-zoned from Medium Industrial (M-2) to
Commercial Planned Development(CPD), which would allow commercial uses that could
be consistent with the surrounding industrial zoned property.
In 1995, Pre-Application 95-7 was filed on behalf of Bugle Boy Industries to allow an
industrial facility with a commercial component on the site. This application did not move
forward.
On December 29, 1999, Triliad Development Inc, filed applications for Industrial Planned
Development No. 99-05 through 99-10, Tentative Tract Map No. 5217, General Plan
Amendment No. 99-5 to change the land use designation on 10.75 acres of the site from
C-2 (General Commercial)to 1-2 (Medium Industrial)and Zone Change No. 99-5 to change
the zoning on 10.75 acres of the site from CPD(Commercial Planned Development)to M-2
(Limited Industrial) in order to develop the site with six industrial buildings totaling
approximately 586,000 square feet on six lots. This application was determined to be
incomplete and was not pursued further by the applicant.
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General Plan and Zoning:
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Gen. Commercial (C-2) Commercial Planned
Site & Medium Industrial (I-2) Development (CPD) Undeveloped
& Limited Industrial (M-2)...
North Medium Industrial (1-2) Limited Industrial (M-2) Undeveloped
Southwest County Agricultural County Agricultural Exclusive Agriculture
(40-acre minimum) (40 acre minimum)
Medium Density g Family ( ) Singly
Residential (M)
Southeast Single Famil Residential R1 Family
Residential
East Utility (U) Limited Industrial (M-2) SCE
Substation
West Medium Industrial (1-2) Limited Industrial (M-2) Undeveloped
The applicant is requesting a General Plan Amendment and Zone Change for this project.
The current General Plan designations of the site are General Commercial (C-2) and
Medium Industrial (1-2). The current Zoning designations are Commercial Planned
Development(CPD)and Limited Industrial (M-2). The applicant is proposing to change the
General Plan designation for the 10.75-acre C-2 portion of the site to 1-2 and the Zoning of
the 10.75-acre CPD portion of the site to M-2. If approved, the entire site would have a
General Plan designation of Medium Industrial (1-2) and a zoning designation of Limited
Industrial (M-2). The requested zoning designation of M-2 would accommodate the
proposed use and be consistent with the zoning of the surrounding uses. The General Plan
designation of Medium Industrial (1-2) allows for the proposed use.
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Proposed Project
Building Summary:
B dg. Proposed Use Stories Height* I Bldg.Area(SF)T Phase
A Administration, Security, Studio Support 2 44,6" 40,000 1
B Presentation Room, Lobby, Commissary, 2 51' 31,500 1
Kitchen, Store, Gym, Conference
C Producer's Office Building 2 44'7" 74,000 2
D Fire, Medic, Maintenance, Dining Hall, 2 34' 19,900 2
Support Rooms
E Storage, Lighting, Grips, Camera, l 2 1 36' 46,150 1
Scenery Dock, Support Rooms
F Mill, Fabrication and Assembly 1 36' 9,110 1
G Mill, Fabrication and Assembly 1 32' 22,150 i 1
Lumber and Materials Yard, Waste
H 1 i 26' 10,750 1
Storage, Oversized Equipment Yard
S-1 One-Story Sound Stage with 20' by 30' 3 64' 50,760 2
Pool, Three-Story Multi-Use Support
S 2 One-Story Audience Rated Sound Stage, 2 54' 31,040 2
Two-Story Multi-Use Support
S-3 One-Story Sound Stage,Two-Story Multi- 2 54' 28,680 2
Use Support
S-4 . One-Story Sound Stage,Two-Story Multi- 2 54' 28,660 1
Use Support
S-5/6 One-Story Sound Stage,Two-Story Multi-
S-5/6 69' 40,640 1
Use Support
S-7 One-Story Sound Stage 1 54' I 18,000 i 1
5-8 I One-Story Sound Stage 1 59' 18,000 1
S-9 I One-Story Sound Stage 1 59' 18,000 2
5-10 One-Story Sound Stage 1 59' 18,000 2
S-11 One-Story Sound Stage 1 59' 181000 1
S 12 One-Story Sound Stage with Cyclorama, 3 I 54' 26,220 1
Three-Story Mufti-Use Support
R1-9 9 Restroom Buildings 1 16' 4,800 1 and 2
GS1-3 3 Guard Shacks 1 16' 860 1
BL I Backlot Set Façade Structure 60' 4,230 1 and 2
Total 559,450 i
"Maximum structure height including decorative features.
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Site Design and Architecture:
A facility of this type is unique in that, by its very nature, there are several architectural
districts and styles. Staff has identified four major design areas, as follows:
1. Walls, Fencing, and Landscaping: The applicant is proposing a 7-foot sidewalk
along Los Angeles Avenue with parkway trees at regular intervals. Behind the
sidewalk still within the Caltrans right-of-way and just before the project property
line, a low concrete wall is proposed to protect pedestrians and screen the flood
control channel on the project site. This wall would be about 32 inches high with a
10-inch high railing on top of it. It is not known whether Caltrans would allow this
wall to include decoration on it, but Section 7.6 of the Development Agreement
would allow credit to the developer for placement of public art on this wall. Behind
the wall,the Ventura County Watershed Protection District maintains a 15-foot wide
open flood control channel and a 15-foot wide service road within the first 30 feet of
the property line. The applicant is proposing paving the access road with turfblock
and providing a 12.5-foot wide landscaping buffer beyond this with fencing behind.
The fencing is proposed to have 8 to 9-foot high combination tubular steel and
concrete sections separated by pre-cast concrete posts as well as solid 8 to 9-foot
high sections separated by pre-cast concrete posts at regular intervals. The fencing
would terminate at Building A, on the corner of North Hills Parkway and Los Angeles
Avenue. Buildings B and C would be set back approximately 75 feet from the Los
Angeles Avenue fencing and the nearest stage building, Stage 5,would beset back
approximately 220 feet from the fencing. A similar theme is proposed for the North
Hills Parkway frontage, with Building A at the street frontage and the rest of the
complex behind fencing similar to that along Los Angeles Avenue. Stage buildings
will be set back approximately 380 to 440 feet from the North Hills Parkway right-of-
way.
2. Office Buildings: Buildings "A", "B", and "C", combined with the aforementioned
fencing and landscaping, make up the primary street scene of the project from Los
Angeles Avenue and North Hills Parkway. The design of these buildings is
contemporary, with traditional architectural elements, such as towers, columns, roof
cornices, overhangs, and base elements. The proposed colors are traditional rich
earth tone colors. Each building has its own character, tied together by colors and
design elements. The windows will be minimally reflective, consistent with modern
office buildings. Proposed materials include painted concrete and stucco with
aluminum window frames. Roofs are generally flat below a parapet wall with
standing seam metal tower elements and glass tile domes on Building A.
3. Internal Street Facades: The main driveway is fronted on the north side and at the
east end by Sound Stages 2 through 6. The elevations of these buildings have
been designed to replicate the first 3 or 4 stories of traditional urban city street
scenes from different eras. These elevations will allow the site to be used for
outdoor shoots. These elevations will not be very visible from outside the project
site.
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4. Internal Sound Stages and Support Buildings: The remaining internal building
elevations of the sound stages and support buildings are constructed in a
conventional concrete tilt-up design, with paint colors and scoring patterns to break
up the large elevations.
Building Height— Conditional Use Permit
The Municipal Code allows buildings up to 30 feet in height in the M-2 zone, but this may
be increased to 60 feet in height with a Conditional Use Permit. Most of the buildings on
the project site have a maximum structure height over 30 feet in height as noted in the
project summary. Building height is defined in the Zoning Ordinance as:
"the vertical distance from the grade to the highest point of a flat roof or mansard roof, or,
in the case of a pitched or hip roof, the "averaged midpoint," which is arrived at by the
drawing of two (2)imaginary lines between the finished main ridgeline peak and the top of
the two (2) exterior finished walls running parallel to the main ridgeline, adding together the
vertical heights of these two (2) imaginary lines, and dividing the result by two (2).
The tallest building proposed as part of the project is Stage 1. It has a maximum height of
64 feet and is proposed with a barrel roof. Using the formula from the Zoning Ordinance,
the building height measured to the average midpoint of the roof Of Stage 1 would be
approximately 55 feet.
Architectural appurtenances may exceed the maximum building height standards, provided
that they do not add floor area and are evaluated on a case-by-case basis as part of the
permit. Soundstage 5/6 has a decorative tower spire that rises to 69 feet in height,which is
appropriate for the building design as a street-scene backdrop.
Setbacks:
The M-2 zone requires a 20-foot minimum street front setback, except when next to or
across the street from an R zone, in which case the minimum required setback is 30 feet,
as in this case. A 5-foot setback is required on the internal side property lines and on the
street side. No setback is required on the rear property line. The code requires that all
setbacks be landscaped except for required walkways and driveways. The applicant is not
requesting any deviation from these requirements and the project meets or exceeds all
required setbacks.
Circulation:
The site is bisected by the north-south extension of the future North Hills Parkway,
identified in the Circulation Element to be developed as a 4-lane arterial. Approximately
half of the parking is proposed west of North Hills Parkway,with the actual facility and half
of the parking east of North Hills Parkway. Access to the westerly parking lots from North
Hills Parkway is proposed via a private street. Section 6.23 of the Development
Agreement calls for the developer to improve this access road west to the Pentair Pool
Products southerly parking lot. This would allow access for that property can be re-aligned
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in the future so that it can access Los Angeles Avenue through a signalized intersection. A
private shuffle is proposed to operate between the parking lot and studio facility. The
applicant has proposed a future bridge as a shuttle crossing over North Hills Parkway, once
North Hills Parkway is extended to the north. The design of this bridge would be
considered when the applicant wishes to proceed with this future project.
Access to both the main studio site and the remote parking lots is provided from North Hills
Parkway, north of Los Angeles Avenue. Per Section 6.24 of the Development Agreement,
Los Angeles Avenue will be widened by the developer to 2 lanes in each direction from the
Tierra Rejada Road/Gabbert Road intersection to a new intersection at North Hills
Parkway, tapering to 1 lane in each direction west of this intersection. Left turn lanes will
be provided for Gabbed Road, Mira Sol Drive, Buttercreek Road, and North Hills Parkway,
and a raised landscaped median will be provided from North Hills Parkway to the Tierra
Rejada Road/Gabbert Road intersection. Right turn lanes will be provided on Los Angeles
Avenue for a truck entrance on the eastern boundary of the site and for North Hills
Parkway. Sidewalks will be extended on both the north and south sides of Los Angeles
Avenue from where they currently terminate to North Hills Parkway. Although Los Angeles
Avenue is not identified in the City's bicycle plan as a street to have bike lanes, the
widened street will also have wider shoulders, benefiting bicyclists.
The developer will be obligated to construct the North Hills Parkway improvements from
Los Angeles Avenue to the northern boundary of the project entry intersection. The
remaining improvements will tie into the railroad under crossing and will be improved as
part of a regional improvement project. The developer will be required to dedicate the
North Hills Parkway right-of-way and to construct interim improvements up to their northern
property line, including the signalization of the Los Angeles Avenue/North Hills Parkway
intersection prior to first occupancy. Signalization of the North Hills Parkway/Project Entry
intersection would be required as conditions warrant to be determined by City staff per
Section 6.21 of the Development Agreement. Also, per Section 6.20 of the Development
Agreement, the developer will be required to participate in an assessment district for the
construction of the North Hills Parkway beyond the project entry. At this time, without a
connection beyond the project site, northbound North Hills Parkway would have 2 lanes
turning right into the studio complex and 2 lanes turning left into the parking area west of
North Hills Parkway. Southbound North Hills Parkway would be improved with 2 left-turn
lanes and 1 right-turn lane at Los Angeles Avenue.
The main studio parcel on the east side of North Hills Parkway will be gated with posted
guards for access control. The guard shack is proposed approximately 240 feet from North
Hills Parkway, allowing plenty of distance for queuing. No security gates are currently
proposed on the westerly parking lots. Internal circulation within the studio complex is
designed to separate truck traffic and passenger car traffic as much as possible. The site
is designed so that trucks entering from the east will enter through a dedicated right-turn
lane leading to a one-way driveway on the eastern boundary of the site. Trucks will then
be routed to the northern boundary of the site via a perimeter drive, exiting the site at the
North Hills Parkway gate.
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Traffic:
Based on the traffic report for the Studio Project, the project is estimated to generate a total
of 3,108 weekday daily trips and 2,134 Saturday daily trips spread over a typical 24-hour
period. Traffic is identified in the Initial Study as an area where there are potential impacts,
which would be less than a significant impact, with appropriate mitigation. This issue is
addressed in detail in the analysis section below.
Parking:
The applicant is proposing 1,696 parking spaces within several surface parking lots for the
studio use. As shown in the table below, staff applied the parking requirement for office
uses (1 space per 300 square feet) to the soundstages and offices and the parking
requirement for industrial uses (1 space per 500 square feet) to support uses, since the
zoning code does not have specific parking requirements for a studio complex. Parking for
4,230 square feet of unoccupied facades was not included in this calculation, as this space
does not generate parking demand. Section 17.32.010(J)of the Zoning Ordinance states
that when a parking standard is not indicated in this chapter,the Community Development
Director may establish the parking standard based on the type of use, location of use,
number of employees, traffic generated and good planning practice.
This table shows that the applicant is proposing sufficient parking for the studio project.
Building Area Parking Required Parking
Use
(Square Feet) Requirement Spaces
Offices 145,500 1 space/300 sq. ft. 485
Sound Stages 215,000 1 space/300 sq. ft. 717
Support 194,720 1 space/500 sq. ft. 389
Facilities
Total 555,220 1,591
Loading Area:
The project is designed in such a manner that each sound stage has truck parking/loading
spaces on at least 3 sides, and there is sufficient access and circulation surrounding the office
buildings for general deliveries. This design allows for delivery areas far in excess of the
required 9 loading spaces per the Zoning Ordinance.
Landscaping/Lighting:
The applicant has proposed a landscape theme consistent with the City's landscape
guidelines and with the proposed architecture. The perimeter setbacks and the parking
lots of the project are heavily landscaped. The parking lot shows an abundance of
landscaped "fingers"and "diamonds"for trees, shrubs, and groundcover. The landscaping
plan appears to exceed the required minimum of 50 percent shade coverage. The City's
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landscape architect will review the plans in detail to determine if the number and placement
of all plant materials and irrigation is appropriate. The Municipal Code does not require a
certain percentage of the site to be landscaped, but does require that 10 percent of the
parking lot be landscaped. Overall, 20 percent of the entire site is shown to be
landscaped.
The site is unusual in that the soundstage buildings are clustered around the core of the
site, acting more like one building than twelve separate sound stages. The nature of this
design creates a large interior area with no landscaping. Although this is atypical for
industrial park projects, where parking and landscaping is provided in close proximity to
each building, it is necessary for the operation of this type of building, where service
vehicles and equipment must access all four sides of the buildings, and exterior driveways
are required between the buildings.
The applicant has provided a conceptual lighting plan. While it appears to meet the City's
lighting standards, a more detailed plan will be reviewed by the City's lighting consultant for
consistency with the City's requirements as part of the condition compliance process. A
condition of approval is recommended requiring that lighting fixtures be architecturally
compatible with the buildings and landscaping, subject to review and approval of the
Community Development Director.
Site Drainage and Stormwater Quality:
The recent Letter of Map Revision issued by the Federal Emergency Management Agency
(FEMA) revising the flood zone maps for the site and vicinity becomes effective June 13,
2011, and shows that the project site is not in an area affected by 100-year storm flows in
the Arroyo Simi. However, the Walnut Canyon flood control channel adjacent to the project
does not have the capacity to contain stormwater from a 100-year storm event, potentially
affecting this property as well as properties to the south, west, and east. The applicant is
proposing to divert flood water from this channel that enters the site near the northeast
corner of the project site into an on-site detention system, releasing the water back into the
channel downstream so that pre-development hydrologic conditions are maintained. While
the project will cover most of the site with impermeable surfaces, site drainage will be
detained on-site so that the project will not result in an increase in runoff from the site.
Mitigation prepared for this project in the Mitigated Negative Declaration and Standard
Conditions of Approval address both stormwater management and National Pollution
Discharge Elimination System (NPDES) requirements. The improvements described in
Section 6.22 of the Development Agreement are not needed anymore for the project based
on the most recent Letter of Map Revision. The City Council Ad-Hoc Committee (Mayor
Parvin, Councilmember Mikos) will be reviewing this section further before the project is
scheduled for City Council consideration.
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Air Quality:
As is required with all commercial/industrial projects, and re-enforced in Section 6.5 of the
Development Agreement, the Developer will pay an Air Quality Fee of sixty-three cents
($0.63)for each square-foot of office building area and twenty-eight cents($0.28)for each
square foot of studio, support or institutional building area.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following areas for Planning
Commission consideration in their recommendation to the City Council:
• Noise
• Aesthetics, Light, and Glare
• Traffic/Circulation
Noise:
The Initial Study prepared for this project (attached) evaluated both construction and
operational noise. The study noted that existing residences south of Los Angeles Avenue
are already subjected to unacceptable levels of noise based on the City's General Plan
standards. This is mostly due to truck traffic on Los Angeles Avenue, with 24-hour
Community Noise Equivalency Levels (CNEL)levels in the residential neighborhood above
70 decibels, A-Weighted (dBA). Existing peak noise is from trucks using engine brakes,
and at times exceeds 90 dBA. While the project will increase vehicle traffic along Los
Angeles Avenue, the level of increase in CNEL was estimated to be 0.3 dBA or less. This
would not be a noticeable increase given the existing noise environment.
In addition to traffic-generated noise levels, there is the potential for noise generated from
outdoor production activities. In order to mitigate these noises, mitigation has been added
so that no production activities capable of generating loud noises may take place between
10:00 PM and 7:00 AM.Additionally, a designated community liaison from the studio shall
coordinate with the Community Development Director on notification of nearby residents of
any activities that may generate loud or unusual noises.
Aesthetics, Light, Glare:
Although the site is currently vacant, and there is an open viewshed, this site has been
designated for industrial and/or commercial uses since the City's incorporation in 1983.
The site is not with a scenic area as described in the City's General Plan and no unique
visual resources would be affected by the implementation of the project. The adjacent land
uses on the north and west are designated for industrial uses and the land use currently to
the east is the Southern California Edison (SCE)substation, the visual character would be
less than significant at build out of the Studio Project.
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As viewed from Los Angeles Avenue, portions of the hills north of the site would be partially
obscured by the eastern section of the Studio Project. As described in the Project
Description, the western third of the project site would be designated for parking spaces
which would not result in the construction or development of any structures or buildings
and would provide unobstructed views of the hills to the north in that area.
The City's standard conditions of approval provide mitigation for visual impacts after
construction. These conditions address items such as general maintenance, landscaping,
and items such as exterior vents, equipment and ladders. Prior to the issuance of Zoning
Clearance for occupancy of any of the buildings, all fences/walls along lot boundaries must
be in place, unless an alternative schedule is approved by the Community Development
Director.
Light and glare impacts generated by the Studio Project would be mitigated through
compliance with the City Lighting Ordinance. The northern portion of the project site,
adjacent to the south of "Buildings E and F" has the potential for the generation of
temporary outdoor nighttime lighting. A Temporary Use Permit would be required for
nighttime activities that would have spillover lighting from the project site. Permanent
project lighting would be limited to those levels necessary to provide safety and security to
the site, along with low intensity lighting for aesthetic purposes to enhance or accent
building features and landscape architectural features. Potential vehicle lighting would be
limited on-site due to the perimeter wall and landscaping. Skylights are prohibited unless
approved through the Planned Development Permit process or as a Modification to the
Planned Development Permit.
In order to mitigate glare, the use of highly reflective glass or highly reflective film applied to
glass is not allowed on any structures. A condition of approval is recommended requiring
that the applicant provide a sample of all building glass for review and approval by the
Community Development Director, and that glass used along the Los Angeles Avenue and
North Hills Parkway frontages not exceed 8 percent exterior reflectance.
Traffic/Circulation:
The 2008 number of average daily trips (ADTs)that travel through the Los Angeles Avenue
(SR-118)from Grimes Canyon Road to the project site roadway segment would be 19,900
ADTs. The 2008 number of ADTs that travel through the Los Angeles Avenue (SR-118)
from Gabbed Road to Moorpark Avenue(SR-23) roadway segment was 33,000 ADTs. As
part of the daily traffic that travels along Los Angeles Avenue (SR-118) there is a higher
than average use of heavy trucks. Heavy trucks account for 15.42 percent of ADTs along
Los Angeles Avenue.
Based on the traffic report for the Studio Project, the project is estimated to generate a total
of 3,108 weekday daily trips and 2,134 Saturday daily trips spread over atypical 24-hour
period. Of the total 3,108 weekday ADTs, 1,836 ADTs would consist of an anticipated
occupancy rate of 75 percent for the studios, 1,242 ADTs from general office use, and 30
ADTs from security personnel trips. Of the weekday daily trips there would be 174 weekday
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AM peak hour trips and 168 weekday PM peak hour trips. Of the total 2,134 Saturday
ADTs, the anticipated 75 percent rate of occupancy for studio use would be 1,836 ADTs,
268 ADTs from general office use, and 30 from security personnel.The Saturday daily trips
would include 46 Saturday mid-day peak hour trips. The office building components are
expected to generate trips during the peak hour analysis periods, with the sound stages
and ancillary support buildings for the studios generating trips outside of the peak hour
analysis periods.
As part of the Studio Project, Los Angeles Avenue (SR-118) will be widened along the
project frontage from a two-lane to a four-lane roadway, plus turning lanes. As described
below and in the Project Description the widening of Los Angeles Avenue would improve
the existing vehicle capacity and level of service. Therefore, project impacts would be
mitigated.
A number of intersections were identified within the traffic report that would be impacted by
the Studio Project. These intersections fall within three jurisdictions: City of Moorpark,
Caltrans, and the County of Ventura. In order to mitigate the impacts on affected
intersections, prior to issuance of the first Zoning Clearance for a building permit, the
applicant shall submit to the Community Development Department a fair-share contribution
for intersection improvements relating to the project.The amount of fair-share participation
will be to the satisfaction of the City Engineer and Public Works Director based on the
traffic report prepared for the project and the extent of the impact to these intersections.
The second major infrastructure required as a result of this project is the widening of Los
Angeles Avenue in the area adjacent to the project. The proposed four lane roadway
would incorporate 12-foot-wide lanes in addition to a 12-foot-wide median consisting of an
8-foot-wide raised median with 2 feet of striping on each side of the raised curb face. For
eastbound traffic, a 12-foot-wide left-turn lane into the proposed project site would be
provided. For westbound traffic, a 14-foot-wide right-turn lane,which would consist of a 12-
foot-wide lane and a 2-foot-wide shoulder, would provide access to the proposed project
site for truck access; a 12-foot-wide left-turn lane would occur at Mira Sol Drive; a 12-foot-
wide left-turn lane would occur at Buttercreek Road, and a 16-foot-wide right-turn lane,
which would consist of a 12-foot-wide lane and a 4-foot-wide shoulder, would provide
access to the proposed North Hills Parkway and access to the proposed project site. Both
sides of Los Angeles Avenue from Tierra Rejada west to the proposed North Hills Parkway
would consist of a minimum 5-foot-wide to a maximum of 8-foot-wide sidewalk/parkways.
The proposed areas to be directly disturbed by project construction are currently occupied
by roadway facilities (Los Angeles Avenue) and agricultural uses (the existing agricultural
facility south of Los Angeles Avenue).
The roadway widening would require the acquisition of additional Right-of-Way (ROW)
along a portion of the southern boundary. This area is under County of Ventura jurisdiction
and would require a Caltrans encroachment permit. Ventura County LAFCo action would
also be sought by the City of Moorpark to include the entire ROW within the City
boundaries. Along this segment where additional ROW is necessary, the site is constrained
to the north by the existing VCWPD drainage channel. ROW acquisition is only proposed
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along the agricultural facility south of Los Angeles Avenue. The area for ROW acquisition
would extend for a length of approximately 2,400 linear feet, while the width would vary
(although the maximum width would reach 74 feet within the agricultural fields south of the
proposed alignment site). A maximum of 4.08 acres of ROW would need to be acquired.
Portions of two parcels would be affected by the ROW acquisition process.
The proposed alignment would require the replacement or relocation of signs, electric utility
poles, manholes, and utility pipelines/conduits along the southern side of Los Angeles
Avenue. Stormwater drainage improvements would be implemented due to the increase in
impervious area adjustments to the crown of the roadway.
Findings
Planned Development Findings:
1. 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, any applicable specific plans, zoning ordinance, and any other applicable
regulations in that the proposed project meets or exceeds the Ordinance requirements for
setbacks, parking, and landscaping, meets the conditional use permit findings for
increased height, and meets or exceeds the existing General Plan and zoning designation
requirements for the property;
2. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area in that the project has been designed
in a manner consistent with the Moorpark General Plan and Municipal Code, and
conditions of approval have been proposed to mitigate potential negative impacts; and
3. The proposed uses are compatible with existing and permitted uses in the
surrounding area in that the proposed building colors and architecture are designed to be
compatible with each other and the proposed buildings are located in such a manner so as
not to cause problems with the use of the adjacent properties and conditions of approval
have been added to mitigate any potential incompatibility.
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Conditional Use Permit Findings:
1. The proposed use is consistent with the provisions of the general plan,
zoning ordinance, and any other applicable regulations in that the zoning ordinance allows
for building heights up to 60 feet subject to a conditional use permit, the site is not with a
protected scenic area as described in the City's General Plan, and no unique visual
resources would be affected by the implementation of the project;
2. The proposed use is compatible with both existing and permitted land uses in
the surrounding area in that building heights up to 60 feet could be conditionally permitted
for any permitted development of this site, and this site has been consistently designated
for industrial and/or commercial uses since the City's incorporation in 1983 and
surrounding and existing land uses have been developed or proposed with these
designations in mind;
3. The proposed use is compatible with the scale, visual character, and design
of surrounding properties in that the proposed building heights, colors, and architecture are
designed specifically for this use to blend in with each other and the proposed buildings are
located in such a manner so as not to cause conflicts with the use of the adjacent
properties. Architectural appurtenances may exceed the maximum building height
standards, provided that they do not add floor area and are evaluated on a case-by-case
basis as part of the permit and conditions of approval addressing items such as general
maintenance, landscaping, and items such as exterior vents, equipment and ladders have
been added to mitigate any potential incompatibility;
4. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that conditions of approval have been proposed to
regarding architecture, parking, noise, lighting, and hours of operation; and
5. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare in that environmental mitigation measures and conditions of
approval have been put in place to mitigate any effects upon the public health, safety,
convenience, or welfare.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Because this project includes
consideration of a General Plan Amendment, Zone Change and a Development
Agreement, all legislative actions, it is not subject to any processing time limits noted
above.
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ENVIRONMENTAL DETERMINATION
An Initial Study has been prepared by Impact Sciences under City staff supervision to
assess the potential significant impacts of this project. The Initial Study concluded that
with mitigation measures, the project would not result in any significant environmental
effects, and a Proposed Mitigated Negative Declaration (Attachment No.4)was prepared.
The public comment period for the Proposed Mitigated Negative Declaration is from April
18, 2011 to May 18, 2011. As an advisory body on this project, the Planning Commission
needs to review and consider this Proposed Mitigated Negative Declaration before making
a recommendation on the project.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2011- recommending to the City Council adoption of
a Mitigated Negative Declaration, approval of General Plan Amendment No. 2009-
01, Zone Change No. 2009-01, Industrial Planned Development No. 2009-01,
Conditional Use Permit No. 2009-01, and Development Agreement No. 2009-02.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits (Previously Provided Under Separate Cover)
A. Full Set of 1/2-Size Project Plans
B. Colored Elevation Book
4. Draft Development Agreement
5. Proposed Mitigated Negative Declaration (Previously Provided Under Separate
Cover)
6. Resolution No. 2009-2799 (Standard Conditions of Approval)
7. Draft PC Resolution with Conditions of Approval
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LOCATION MAP
1
Industrial Planned Development Permit No. 2009-01
General Plan Amendment No. 2009-01
Zone Change No. 2009-01
Moorpark West Studios
Motion Picture Studio Complex
11289 Los Angeles Avenue
PC ATTACHMENT 1
17
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AERIAL PHOTOGRAPH
Industrial Planned Development Permit No. 2009-01
General Plan Amendment No. 2009-01
Zone Change No. 2009-01
Moorpark West Studios
Motion Picture Studio Complex
11289 Los Angeles Avenue
PC ATTACHMENT 2
18
PROJECT EXHIBITS
A. Full Set of 1/2-Size Project Plans
B. Colored Elevation Book
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBITS ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
PC ATTACHMENT 3
19
Recording Requested By
And When Recorded Return to:
CITY CLERK
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, California 93021
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code
§ 6103
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF MOORPARK
AND
LOS ANGELES AVENUE LLC
• THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO
THE REQUIREMENTS OF GOVERNMENT CODE §65868.5
PC ATTACHMENT 4
20
DEVELOPMENT AGREEMENT
This Development Agreement ("the Agreement") is made and entered into on
, by and between the CITY OF MOORPARK, a municipal
corporation, (referred to hereinafter as "City") and Los Angeles Avenue LLC, the owner
of real property within the City of Moorpark generally referred to as Industrial Planned
Development Permit 2009-01, (referred to hereinafter individually as "Developer"). City
and Developer are referred to hereinafter individually as "Party" and collectively as
"Parties." In consideration of the mutual covenants and agreements contained in this
Agreement, City and Developer agree as follows:
1. Recitals. This Agreement is made with respect to the following facts and for the
following purposes, each of which is acknowledged as true and correct by the
Parties:
1.1. Pursuant to Government Code Section 65864 et seq. and Moorpark
Municipal Code chapter 15.40, City is authorized to enter into a binding
contractual agreement with any person having a legal or equitable interest
in real property within its boundaries for the development of such property
in order to establish certainty in the development process.
1.2. Prior to approval of this Agreement, but after the approval of the Mitigated
Negative Declaration (MND), Mitigation Measures, and Mitigation
Monitoring and Reporting Program ("the MMRP") for the Project
Approvals as defined in subsection 1.3 of this Agreement, the City
Council of City ("the City Council") approved General Plan Amendment
No. 2009-01 ("GPA 2009-01"), Zone Change No.2009-01 (ZC 2009-01),
Industrial Planned Development Permit No. 2009-01 (IPD 2009-01) and
Conditional Use Permit No. 2009-01 (CUP 2009-01, for approximately
44.467 acres of land within the City("the Property"), as more specifically
described in Exhibit "A" attached hereto and incorporated herein.
1.3. GPA 2009-01, ZC 2009-01, IPD 2009-01, and CUP 2009-01 [collectively
"the Project Approvals"; individually "a Project Approval"] provide for the
development of the Property and the construction of certain off-site
improvements in connection therewith ("the Project").
1.4. By this Agreement, City desires to obtain the binding agreement of
Developer to develop the Property in accordance with the Project
Approvals and this Agreement. In consideration thereof, City agrees to
limit the future exercise of certain of its governmental and proprietary
powers to the extent specified in this Agreement.
1.5. By this Agreement, Developer desires to obtain the binding agreement of
City to permit the development of the Property in accordance with the
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Project Approvals and this Agreement. Developer anticipates developing
the Property over a minimum of three (3)years. In consideration thereof,
Developer agrees to waive its rights to legally challenge the limitations
and conditions imposed upon the development of the Property pursuant
to the Project Approvals and this Agreement and to provide the public
benefits and improvements specified in this Agreement.
1.6. City and Developer acknowledge and agree that the consideration that is
to be exchanged pursuant to this Agreement is fair,just and reasonable
and that this Agreement is consistent with the General Plan of City, as
amended by GPA 2009-01.
1.7. On 2010, the Planning Commission of City commenced a
duly noticed public hearing on this Agreement, and at the conclusion of
the hearing recommended approval of the Agreement.
1.8. On 2010, the City Council commenced a duly noticed public
hearing on this Agreement, and at the conclusion of the hearing on
2010, approved the Agreement by Ordinance No. ("the
Enabling Ordinance").
2. Property Subject To This Agreement. All of the Property shall be subject to this
Agreement. The Property may also be referred to hereinafter as "the site" or "the
Project".
3. Binding Effect. The burdens of this Agreement are binding upon,and the benefits of
the Agreement inure to, each Party and each successive successor in interest
thereto and constitute covenants that run with the Property. Whenever the terms
"City'and "Developer" are used herein, such terms shall include every successive
successor in interest thereto, except that the term"Developer"shall not include the
purchaser or transferee of any lot within the Project that has been fully developed in
accordance with the Project Approvals and this Agreement.
3.1. Constructive Notice and Acceptance. Every person who acquires any
right, title or interest in or to any portion of the Property except any lot
within the Project that has been fully developed in accordance with the
Project Approvals and this Agreement shall be, conclusively deemed to
have consented and agreed to be bound by this Agreement, whether or
not any reference to the Agreement is contained in the instrument by
which such person acquired such right, title or interest.
3.2. Release Upon Transfer. Upon the sale or transfer of any of Developer's
interest in any portion of the Property, that Developer shall be released
from its obligations with respect to the portion so sold or transferred
subsequent to the operative date of the sale or transfer, provided that the
Developer(i)was not in breach of this Agreement at the time of the sale
or transfer and (ii) prior to the sale or transfer, delivered to City a written
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assumption agreement,duly executed by the purchaser or transferee and
notarized by a notary public, whereby the purchaser or transferee
expressly assumes the obligations of Developer under this Agreement
with respect to the sold or transferred portion of the Property. Failure to
provide a written assumption agreement hereunder shall not negate,
modify or otherwise affect the liability of the purchaser or transferee
pursuant to this Agreement. Nothing contained herein shall be deemed to
grant to City discretion to approve or deny any such sale or transfer,
except as otherwise expressly provided in this Agreement.
4. Development of the Property. The following provisions shall govern the subdivision,
development and use of the Property.
4.1. Permitted Uses. The permitted and conditionally permitted uses of the
Property shall be limited to those that are allowed by the Project
Approvals and this Agreement.
4.2. Development Standards. All design and development standards,
including but not limited to density or intensity of use and maximum height
and size of buildings,that shall be applicable to the Property are set forth
in the Project Approvals and this Agreement.
4.3. Building Standards. All construction on the Property shall adhere to all
City building codes in effect at the time the plan check or permit is
approved per Title 15 of the Moorpark Municipal Code and to any federal
or state building requirements that are then in effect (collectively "the
Building Codes").
4.4. Reservations and Dedications. All reservations and dedications of land
for public purposes that are applicable to the Property are set forth in the
Project Approvals and this Agreement.
5. Vesting of Development Rights.
5.1. Timing of Development. In Pardee Construction Co. v. City of Camarillo,
37 Cal.3d 465 (1984), the California Supreme Court held that the failure
of the parties therein to provide for the timing or rate of development
resulted in a later-adopted initiative restricting the rate of development to
prevail against the parties' agreement. City and Developer intend to
avoid the result in Pardee by acknowledging and providing that Developer
shall have the right, without obligation, to develop the Property in such
order and at such rate and times as Developer deems appropriate within
the exercise of its subjective business judgment.
In furtherance of the Parties intent, as set forth in this subsection, no
future amendment of any existing City ordinance or resolution, or future
adoption of any ordinance, resolution or other action,that purports to limit
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the rate or timing of development over time or alter the sequencing of
development phases,whether adopted or imposed by the City Council or
through the initiative or referendum process, shall apply to the Property
provided the Property is developed in accordance with the Project
Approvals and this Agreement. Nothing in this subsection shall be
construed to limit City's right to insure that Developer timely provides all
infrastructure required by the Project Approvals, Subsequent Approvals,
and this Agreement.
5.2. Amendment of Proiect Approvals. No amendment of any of the Project
Approvals, whether adopted or approved by the City Council or through
the initiative or referendum process, shall apply to any portion of the
Property, unless the Developer has agreed in writing to the amendment.
5.3. Issuance of Subsequent Approvals. Applications for land use approvals,
entitlements and permits, including without limitation subdivision maps
(e.g. tentative, vesting tentative, parcel, vesting parcel, and final maps),
subdivision improvement agreements and other agreements relating to
the Project, lot line adjustments, preliminary and final planned
development permits, use permits, design review approvals (e.g. site
plans, architectural plans and landscaping plans), encroachment permits,
and sewer and water connections that are necessary to or desirable for
the development of the Project(collectively"the Subsequent Approvals";
individually"a Subsequent Approval")shall be consistent with the Project
Approvals and this Agreement. For purposes of this Agreement,
Subsequent Approvals do not include building permits.
Subsequent Approvals shall be governed by the Project Approvals and by
the applicable provisions of the Moorpark General Plan, the Moorpark
Municipal Code and other City ordinances, resolutions, rules, regulations,
policies, standards and requirements as most recently adopted or
approved by the City Council or through the initiative or referendum
process and in effect at the time that the application for the Subsequent
Approval is deemed complete by City (collectively "City Laws"), except
City Laws that:
(a) change any permitted or conditionally permitted uses of the
Property from what is allowed by the Project Approvals;
(b) limit or reduce the density or intensity of the Project, or any part
thereof, or otherwise require any reduction in the number of
proposed buildings or other improvements from what is allowed by
the Project Approvals.
(c) limit or control the rate, timing, phasing or sequencing of the
approval, development or construction of all or any part of the
Project in any manner, provided that all infrastructure required by
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the Project Approvals to serve the portion of the Property covered
by the Subsequent Approval is in place or is scheduled to be in
place prior to completion of construction;
(d) are not uniformly applied on a City-wide basis to all substantially
similar types of development projects or to all properties with
similar land use designations;
(e) prohibit or regulate development on slopes with grades greater
than 20 percent, including without limitation Moorpark Municipal
Code Chapter 17.38 or any successor thereto,within the Property;
or
(f) modify the land use from what is permitted by the City's General
Plan Land Use Element at the operative date of this Agreement or
that prohibits or restricts the establishment or expansion of urban
services including but not limited to community sewer systems to
the Project.
5.4. Term of Subsequent Approvals. The term of any Subsequent Approval,
except a tentative subdivision map or subdivision improvement or other
agreements relating to the Project, shall be one year; provided that the
term may be extended by the decision maker for fourtwe (42) additional
one (1) year periods upon application of the Developer holding the
Subsequent Approval filed with City's Community Development
Department prior to the expiration of that Approval. Each such
Subsequent Approval shall be deemed inaugurated, and no extension
shall be necessary, if a building permit was issued and the foundation
received final inspection by City's Building Inspector prior to the expiration
of that Approval. The term of any tentative subdivision map, should one
be approved by City during the term of this Agreement, shall be as set
forth under the Subdivision Map Act, Government Code Section 66410 et
seq. and Title 16 Subdivisions, of the Moorpark Municipal Code.
It is understood by City and Developer that certain Subsequent Approvals
may not remain valid for the term of this Agreement. Accordingly,
throughout the term of this Agreement, any Developer shall have the
right, at its election, to apply for a new permit to replace a permit that has
expired or is about to expire.
5.5. Modification of Approvals. Throughout the term of this Agreement,
Developer shall have the right, at its election and without risk to or waiver
of any right that is vested in it pursuant to this section, to apply to City for
modifications to Project Approvals and Subsequent Approvals. The
approval or conditional approval of any such modification shall not require
an amendment to this Agreement, provided that, in addition to any other
findings that may be required in order to approve or conditionally approve
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the modification, a finding is made that the modification is consistent with
this Agreement and does not alter the permitted uses, density, intensity,
maximum height, size of buildings or reservations and dedications as
contained in the Project Approvals.
5.6. Issuance of Building Permits. No building permit, final inspection or
certificate of occupancy will be unreasonably withheld from Developer if
all infrastructure required by the Project Approvals, Subsequent
Approvals, and this Agreement to serve the portion of the Property
covered by the building permit is in place or is scheduled to be in place
prior to completion of construction and all of the other relevant provisions
of the Project Approvals, Subsequent Approvals and this Agreement have
been satisfied. Consistent with subsection 5.1 of this Agreement, in no
event shall building permits be allocated on any annual numerical basis or
on any arbitrary allocation basis.
5.7.Moratorium on Dcvolopmcnt. Nothing in this Agreement shall prevent City,
issuance of Subsequent Approvals and building permits and on the
or natural gas - -- •-• • -- -
6. Developer Agreements.
6.1. Developer shall comply with (i)this Agreement, (ii)the Project Approvals,
(iii) all Subsequent Approvals for which it was the applicant or a
successor in interest to the applicant and (iv)the MMRP of the MND and
any subsequent or supplemental environmental actions.
6.2. All lands and interests in land dedicated to City shall be free and clear of
liens and encumbrances other than easements or restrictions that do not
preclude or interfere with use of the land or interest for its intended
purpose, as reasonably determined by City.
6.3. As a condition of and just prior to the issuance of a building permit for
each studio, office, support, or institutional building within the boundaries
of the Property, Developer shall pay City a development fee as described
herein (the "Development Fee"). The Development Fee may be
expended by City in its sole and unfettered discretion. On the operative
date of this Agreement, the amount of the Development Fee shall be
Forty-Four Thousand Three Hundred Twenty-Five Dollars ($44,325.00)
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per gross acre of industrial land as determined consistent with Section 7.7
of this Agreement. This fee shall be prorated for each building permit
based on building area and a total of 559,450 square feet of gross floor
area for the entire Project, as follows:
Fee Per Square Foot of Building Area =
jProiect Acres as Determined per Section 7.7) x $44,325.00/Acre
559,450 Square Feet of Building Area
The fee shall be adjusted annually commencing January 1, 2013 by the
larger increase of a) or b) as follows:
a) The Consumer Price Index (CPI) increase shall be determined by
using the information provided by the U.S. Department of Labor,
Bureau of Labor Statistics, for all urban consumers within the Los
Angeles /Riverside/Orange County metropolitan area during the
prior year. The calculation shall be made using the month of
October over the prior October.
b) The calculation shall be made to reflect the change in the Caltrans
Highway Bid Price Index for Selected California Construction Items
for the latest twelve (12) month period available on December 31
of the preceding year.
In the event there is a decrease in both of the referenced Indices for any
annual indexing, the Development Fee shall remain at its then current
amount until such time as the next subsequent annual indexing which
results in an increase.
6.4. As a condition of and just prior to the issuance of the first building permit
for a studio, office, support, or institutional building within the boundaries
of the Property, Developer shall pay City a traffic mitigation fee as
described herein ("Citywide Traffic Fee"). The Citywide Traffic Fee may
be expended by City in its sole and unfettered discretion. On the
operative date of this Agreement, the amount of the Citywide Traffic Fee
shall be Twenty-Nine Thousand, Seven-Hundred Dollars($29,700.00)per
gross acre of industrial land as determined consistent with Section 7.7 of
this Agreement. This fee shall be prorated for each building permit based
on building area and a total of 559,450 square feet of gross floor area for
the entire Project, as follows:
Fee Per Square Foot of Building Area =
(Project Acres as Determined per Section 7.7) x $29.700.00/Acre
559,450 Square Feet of Building Area
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Commencing on January 1, 2013, and annually thereafter, the
contribution amount shall be increased to reflect the change in the
Caltrans Highway Bid Price Index for Selected California Construction
Items 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 until such time as the next subsequent annual indexing
which results in an increase.
6.5. Prior to the issuance of the building permit for each studio, office,support,
or institutional building within the boundaries of the Property, Developer
shall pay an Air Quality Fee of sixty-three cents ($0.63)for each square-
foot of office building area and twenty-eight cents($0.28)for each square
foot of studio, support or institutional building area. The Air Quality Fee
shall satisfy the Transportation System Management Fee requirement for
the Project and may be expended by City in its sole discretion for
reduction of regional air pollution emissions and to mitigate residual
Project air quality impacts.
6.6. (This section is intentionally left blank.)
6.7. Prior to the issuance of the building permit for each studio, office,support,
or institutional building within the boundaries of the Property, Developer
shall pay a fee in lieu of the dedication of parkland and related
improvements (Park Fee). The amount of the Park Fee shall be fifty
cents ($0.50) for each square-foot of building area.
6.8. (This section is intentionally left blank.)
6.9. (This section is intentionally left blank.)
6.10. Developer agrees to cast affirmative ballots for the formation of one or
more assessment districts and levying of assessments, for the
maintenance of parkway and median landscaping, street lighting,
including but not limited to all water and electricity costs, the road
identified in Section 6.23 of this Agreement if it is dedicated and accepted
as a public street, and if requested by the City Council, parks for the
provision of special benefits conferred by same upon properties within the
Project.
Developer further agrees to, prior to occupancy of the first building of the
Project, form a "back up" assessment district for the maintenance of all
Project landscaping maintained by Developer visible from adjacent public
rights-of-way as determined by the Community Development Director and
Public Works Director/City Engineer,and Project drainage improvements
maintained by Developer, should City need to recover costs if Developer
fails to maintain such landscaping and drainage facilities. Any facilities to
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be included in an assessment district or "back up" assessment district
shall have all utilities on separate meters from the Project.
In the event Developer files for and is granted a tentative subdivision map
as a Subsequent Approval, Developer agrees to form one or more
property owner associations and to obligate said associations to provide
for maintenance of the road called for by Section 6.23 of this Agreement if
private, as well as any parkway and median landscaping, landscaping
within Property visible from adjacent public rights-of-way, street lighting,
storm water detention and/or debris basins and related drainage facilities,
or other amenities in the event the aforementioned assessment district is
dissolved or altered in any way or assessments are reduced or limited in
any way by a ballot election of property owners or if the assessment
district is invalidated by court action. The obligation of said property
owner associations shall be more specifically defined in the conditions of
approval of any subdivision map granted as a Subsequent Approval.
6.11. In addition to fees specifically mentioned in this Agreement, Developer
agrees to pay all City capital improvement, development, and processing
fees at the rate and amount in effect at the time the fee is required to be
paid. Said fees include but are not limited to Library Facilities Fees,
Police Facilities Fees, Fire Facilities Fees, Art in Public Places Fees,
drainage, entitlement processing fees, and plan check and permit fees for
buildings and public improvements. Developer further agrees that unless
specifically exempted by this Agreement, it is subject to all fees imposed
by City at the operative date of this Agreement and such future fees
imposed as determined by City in its sole discretion so long as said fee is
imposed on similarly situated properties.
6.12. Developer shall pay the Los Angeles Avenue Area of Contribution (AOC)
fee for the gross area of land on which the studio complex and parking
areas are located prior to the issuance of the first permit for occupancy.
The AOC fee shall be the dollar amount in effect at the time of issuance
of the building permit for each building. Developer will receive credit
toward the payment of this fee for the cost of the core improvements in
Los Angeles Avenue as detailed in subsection 6.245 of this Agreement,
beginning at and including the curb face on the north side of Los Angeles
Avenue to the southern extent of public right-of-way improvements, and
for the signalization improvements at the Los Angeles Avenue/North Hills
Parkway intersection as detailed in subsection 6.21 of this Agreement.
Developer will not receive credit toward the payment of this fee for the
cost of parkway and sidewalk improvements adjacent to the southerly
property line.
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6.13. The street improvements for all streets scheduled for dedication to the
City shall be designed and constructed by Developer to provide for a 50-
year life as determined by the City Engineer.
6.14. Developer agrees that any fees and payments pursuant to this
Agreement shall be made without reservation, and Developer expressly
waives the right to payment of any such fees under protest pursuant to
California Government Code Section 66020 and statutes amendatory or
supplementary thereto. Developer further agrees that the fee it has
agreed to pay pursuant to subsection 6.3 of this Agreement is not a public
improvement fee collected pursuant to Government Code Section 66006
and statutes amendatory or supplementary thereto.
6.15. Developer agrees to comply with Section 15.40.150 of the Moorpark
Municipal Code and any provision amendatory or supplementary thereto
for annual review of this Agreement and further agrees that the annual
review shall include evaluation of its compliance with the approved MND
and MMRP. Developer agrees within ninety (90) days of the operative
date of this Agreement to deposit Twenty-Five Thousand Dollars
($25,000.00) for the cost of annual reviews for the life of this Agreement.
6.16. (This section is intentionally left blank.)
6.17. Developer agrees that any election to acquire property by eminent
domain shall be at City's sole discretion, and only after compliance with
all legally required procedures including but not limited to a hearing on a
proposed resolution of necessity.
6.18. Prior to recordation of this Agreement, Developer shall pay all outstanding
City processing costs related to preparation of this Agreement, Project
Approvals, and MND, should the deposit fund for this project have a
negative balance.
6.19. In the event any of the "referenced Index" or "CPI" referred to in any
portion of Section 6 above, are discontinued or revised, such successor
index with which the"CPI"and or"referenced Index"are replaced shall be
used in order to obtain substantially the same result as would otherwise
have been obtained if either or both the"CPI"and"referenced Index"had
not been discontinued or revised.
6.20. Developer shall dedicate the full right-of-way for North Hills Parkway
along the reach of the Project from Los Angeles Avenue on the south to
the railroad on the north. Dedication will include any slope and
construction easements necessary for the construction of the road
improvements and maintenance of the road, including slopes and
retaining walls. Developer agrees to participate in a community facilities
district or other financing mechanism acceptable to the City for the
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construction of North Hills Parkway or alternatively Developer will be
allowed to pay two million dollars ($2,000,000.00) which will be the
Developer's full pro-rata share of improvements of North Hills Parkway.
Commencing on January 1, 2013, and annually thereafter, the
contribution amount for Developer's full pro-rata share if improvements of
North Hills Parkway shall be increased to reflect the change in the
Caltrans Highway Bid Price Index for Selected California Construction
Items 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 until such time as the next subsequent annual indexing
which results in an increase.
6.21. Developer agrees to pay for all costs of installation and to install traffic
signals at the intersection of Los Angeles Avenue and North Hills
Parkway and the intersection of the Property entrance and North Hills
Parkway. The traffic signals shall be synchronized with those on Los
Angeles Avenue and North Hills Parkway to the satisfaction of the City
Engineer. The traffic signal at Los Angeles Avenue and North Hills
Parkway shall be installed prior to occupancy of the first building. The
traffic signal at North Hills Parkway and the Property entrance shall be
installed as conditions warrant as determined by the City Manager upon a
recommendation from the Public Works Director/City Engineer.
6.22. Developer agrees that the upstream Ventura County Watershed
Protection District Basin (improvements) on the Hitch Ranch property
shall be operational prior to certificate of occupancy of the first building on
the Property. If said improvements are not operational by the time of
occupancy of the first building Developer will provide alternative
temporary detention acceptable to the Public Works Director/City
Engineer and Community Development Director. A bond may be required
to be posted to guarantee removal of any approved temporary measures.
No grading permit or building permit will be issued until the improvements
have been permitted by Ventura County Watershed Protection District or
if the alternative is used, by City.
6.23. Developer agrees to construct and maintain a private road (road)
perpendicular to North Hills Parkway and to connect said road to the
existing access easement for the adjacent properties to the west in
substantial conformance with the design presented for the Project
Approvals, and consistent with City standards for commercial and
industrial roads. Developer shall also extend said road approximately 369
feet to the west across the 6.0 acre property immediately to the west
(APN 511-0-200-165)to line up with the driveway in the southern parking
lot of the 10.83 acre property further west(APN 511-0-200-175)and shall
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improve the road across this adjoining property with a 40-foot wide
roadway within a 60-foot-wide easement to City standards, including
concrete gutters, curbs, and sidewalk on one side of the street.
Developer further agrees that the private road shall be open to public
access, primarily for access from North Hills Parkway to the parking lot for
the project subject to this Agreement, as well as the two properties to the
west (APN 511-0-200-165 and 511-0-200-175). The road will be
constructed west from North Hills Parkway approximately 175 feet to the
existing flood control channel prior to occupancy of the first building of the
Project, and completed across the 6.0 acre property immediately to the
west prior to occupancy of the 325,000th square foot of gross floor area.
Prior to issuance of a grading permit, Developer shall provide an
Irrevocable Offer of Dedication to the City of an easement for the purpose
of providing legal access to the adjacent properties to the west, effective
upon each adjacent property owner agreeing to contribute to Developer a
pro rata share of the cost to maintain the road. The City of Moorpark
shall not assume any responsibility for the offered property or any
improvements to the property until this action has been accepted by the
City Council. If accepted by the City of Moorpark, this easement may be
fully assignable to the property owners to the west of this property, as an
easement appurtenant for access, ingress and egress purposes and all
uses appurtenant thereto.
As an alternative, the road may be offered for acceptance by the City
Council as public right-of-way should the developer be unable to obtain
an agreement for maintenance with adjacent properly owners. If
accepted by City as public right-of-way, maintenance costs for said road
shall be paid for through an assessment district per Section 6.10 of this
Agreement. Developer understands City is not obligated to accept said
road as a public right-of-way or to form an assessment district.
The form of the Irrevocable Offer of Dedication and other required
appurtenant documents required to satisfy the above requirements shall
be to the satisfaction of the Community Development Director, City
Engineer, and the City Attorney.
6.24. Developer agrees to acquire all necessary property and Caltrans and City
permits, and construct improvements in Los Angeles Avenue to Caltrans-
approved design plans for the project frontage for a four-lane divided
highway with a raised median east of North Hills Parkway and a concrete
curb and gutter and concrete sidewalk on both sides of Los Angeles
Avenue east of the North Hills Parkway crosswalk at Los Angeles
Avenue, and a left turn lane/raised median, tapering to a two-lane
highway west of North Hills Parkway. Street trees, at standard city-
required spacing, shall be planted on the south side of Los Angeles
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Avenue east of North Hills Parkway and on the north side of Los Angeles
Avenue for the reach of the Project.
6.25. Developer agrees to execute a tri-party maintenance agreement with
Caltrans and the City of Moorpark to guarantee maintenance of the
landscaping along both the north and south sides of Los Angeles Avenue
along the property frontage.
6.26. Developer agrees to allow City to install a City Welcome Sign on the
pedestrian/cart bridge across North Hills Parkway, or an alternative
location on the Property to the satisfaction of the City, should a
pedestrian/cart bridge not be constructed. Developer will contribute
Twenty-Five Thousand Dollars ($25,000.00) for the construction and
erection of the sign. The funds may be expended by City in its sole and
unfettered discretion. The fee shall be paid prior to the occupancy of the
first building. Developer agrees that the design of the sign, including the
lighting shall be at the City's sole discretion.
7. City Agreements.
7.1. City shall commit reasonable time and resources of City staff to work with
Developer on the expedited and parallel processing of applications for
Subsequent Approvals for the Project area and shall use overtime and
independent contractors whenever possible. Developer shall, upon written
pre-approval, assume any risk related to, and shall pay the additional
costs incurred by City for, the expedited and parallel processing.
7.2. If requested in writing by Developer and limited to City's legal authority,
City at its sole discretion shall proceed to acquire, at Developer's sole
cost and expense,easements or fee title to land in which Developer does
not have title or interest in order to allow construction of public
improvements required of Developer including any land which is outside
City's legal boundaries. The process shall generally follow Government
Code Section 66462.5 et seq. and shall include the obligation of
Developer to enter into an agreement with City, guaranteed by cash
deposits and other security as the City may require, to pay all City costs
including but not limited to, acquisition of the interest, attorney fees,
appraisal fees, engineering fees, City staff costs, and City overhead
expenses of fifteen percent (15%) on all out-of-pocket costs.
7.3. The City Manager is authorized to sign an early grading agreement on
behalf of City to allow rough 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 IPD 2009-01 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
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completion of the rough grading and construction of on-site and off-site
improvements. In the case of failure to comply with the terms and
conditions of the early grading agreement, the City Council may by
resolution declare the surety forfeited.
7.4. City agrees that whenever possible as determined by City in its sole
discretion to process concurrently all land use entitlements for the same
property so long as said entitlements are deemed complete.
7.5. City agrees that the Park Fee required under subsection 6.7 of this
Agreement meets Developer's obligation for park land dedication
provisions of state law and City codes.
7.6. City agrees that credit will be given toward the Art in Public Places Fee
required pursuant to subsection 6.11 of this Agreement and Chapter
17.50 of the Moorpark Municipal Code by the integration of artwork into
the wall required immediately south of the flood control channel along the
Los Angeles Avenue frontage, if said artwork is approved by Caltrans and
by the City Council pursuant to the procedures in Chapter 17.50 of the
Moorpark Municipal Code.
7.7. Unless otherwise specified in the applicable fee resolutions or the
Municipal Code, all development fees based on project area shall be
calculated using the area for private use after dedication of public rights of
way. The private road providing access from North Hills Parkway to the
property to the west, and the exclusive easements to the Watershed
Protection District for flood control purposes shall not be included in the
area for the calculation of development fees. Unless otherwise specified
in the applicable fee resolutions or the Municipal Code, all development
fees based on building floor area shall be calculated using gross floor
area as defined by the Zoning Ordinance.
7.8. City shall facilitate the reimbursement to Developer of any costs incurred
by Developer that may be subject to partial reimbursement from other
developers as a condition of approval of a tract map, development permit,
or development agreement with one or more other developers.
7.9. With the acceptance of the $25,000 City Welcome Sign contribution
addressed in Section 6.26 of this Agreement, City agrees to be
responsible for any costs associated with construction and maintenance
of said City Welcome Sign.
7.10. City agrees, if requested by Developer, to facilitate discussions with
property owners to the west (APN 511-0-200-165 and 511-0-200-175)
regarding participation in a maintenance agreement of the road from
North Hills Parkway parallel with Los Angeles Avenue to serve properties
to the west required per Section 6.23 of this Agreement. City further
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agrees to consider accepting said road as a public street(with formation
of an assessment district for maintenance)should Developer be unable to
reach an agreement with neighboring property owners. To the extent
provided by law, the City would provide for reimbursement for the
extension of said road beyond the western property line.
7.11. City agrees to give Developer credit toward the payment of the Los
Angeles Avenue Area of Contribution Fee as noted in Section 6.12 for the
cost of the core improvements in Los Angeles Avenue as detailed in
subsection 6.25 of this Agreement, beginning at and including the curb
face on the north side of Los Angeles Avenue to the southern extent of
public right-of-way improvements, and for the signalization improvements
at the Los Angeles Avenue/North Hills Parkway intersection as detailed in
subsection 6.21 of this Agreement. Developer will not receive credit
toward the payment of the Los Angeles Area of Contribution fee for the
cost of parkway and sidewalk improvements adjacent to the southerly
property line.
8. Supersession of Agreement by Change of Law. In the event that any state or
federal law or regulation enacted after the date the Enabling Ordinance was adopted
by the City Council prevents or precludes compliance with any provision of the
Agreement, such provision shall be deemed modified or suspended to comply with
such state or federal law or regulation, as reasonably determined necessary by City.
9. Demonstration of Good Faith Compliance. In order to ascertain compliance by
Developer with the provisions of this Agreement, the Agreement shall be reviewed
annually in accordance with Moorpark Municipal Code Chapter 15.40.of City or any
successor thereof then in effect. The failure of City to conduct any such annual
review shall not, in any manner, constitute a breach of this Agreement by City,
diminish, impede, or abrogate the obligations of Developer hereunder or render this
Agreement invalid or void. At the same time as the referenced annual review, City
shall also review Developer's compliance with the MMRP.
10. Authorized Delays. Performance by any Party of its obligations hereunder, other
than payment of fees, shall be excused during any period of"Excusable Delay", as
hereinafter defined, provided that the Party claiming the delay gives notice of the
delay to the other Parties as soon as possible after the same has been ascertained.
For purposes hereof, Excusable Delay shall mean delay that directly affects,and is
beyond the reasonable control of, the Party claiming the delay, including without
limitation: (a) act of God; (b) civil commotion; (c) riot; (d) strike, picketing or other
labor dispute; (e) shortage of materials or supplies; (e) damage to work in progress
by reason of fire, flood, earthquake or other casualty; (f) failure, delay or inability of
City to provide adequate levels of public services, facilities or infrastructure to the
Property including, by way of example only, the lack of water to serve any portion of
the Property due to drought; (g)delay caused by a restriction imposed or mandated
by a governmental entity other than City; or (h) litigation brought by a third party
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attacking the validity of this Agreement, a Project Approval, a Subsequent Approval
or any other action necessary for development of the Property.
11. Default Provisions.
11.1. Default by Developer. The Developer shall be deemed to have breached
this Agreement if it:
(a) practices, or attempts to practice, any fraud or deceit upon City; or
willfully violates any order, ruling or decision of any regulatory or
judicial body having jurisdiction over the Property or the Project,
provided that Developer may contest any such order, ruling or
decision by appropriate proceedings conducted in good faith, in
which event no breach of this Agreement shall be deemed to have
occurred unless and until there is a final adjudication adverse to
Developer; or
(b) fails to make any payments required under this Agreement; or
(c) materially breaches any of the provisions of the Agreement.
11.2. Default by City. City shall be deemed in breach of this Agreement if it
materially breaches any of the provisions of the Agreement.
11.3. Content of Notice of Violation. Every notice of violation shall state with
specificity that it is given pursuant to this subsection of the Agreement,
the nature of the alleged breach, and the manner in which the breach
may be satisfactorily cured. Every notice shall include a period to cure,
which period of time shall not be less than ten (10) days from the date
that the notice is deemed received, provided if the defaulting party cannot
reasonably cure the breach within the time set forth in the notice such
party must commence to cure the breach within such time limit and
diligently effect such cure thereafter. The notice shall be deemed
received when personally delivered or upon the third (3rd) day after
deposit in the United States mail, registered or certified, postage prepaid,
return receipt requested, to the Parties at the addresses set forth in
Exhibit "B" attached hereto and incorporated herein, in accordance with
Section 20 hereof.
11.4. Remedies for Breach. The Parties acknowledge that remedies at law,
including without limitation money damages, would be inadequate for
breach of this Agreement by any Party due to the size, nature and scope
of the Project. The Parties also acknowledge that it would not be feasible
or possible to restore the Property to its natural condition once
implementation of the Agreement has begun. Therefore, the Parties
agree that the remedies for breach of the Agreement shall be limited to
the remedies expressly set forth in this subsection. Prior to pursuing the
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remedies set forth herein, notice and an opportunity to cure shall be
provided pursuant to subsection 11.3 herein.
The remedies for breach of the Agreement by City shall be injunctive
relief and/or specific performance.
The remedies for breach of the Agreement by Developer shall be
injunctive relief and/or specific performance, including, in the case of a
failure to pay a fee required hereunder, to compel such payment. In
addition, if the breach is of subsections 6.10, 6.12, 6.13, 6.14, 6.15, 6.18,
6.20, 6.21, 6.22, 6.23, 6.24, and 6.25 of this Agreement, City shall have
the right to withhold the issuance of building permits to Developer
throughout the Project from the date that the notice of violation was given
pursuant to subsection 11.3 hereof until the date that the breach is cured
as provided in the notice of violation.
Nothing in this subsection shall be deemed to preclude City from
prosecuting a criminal action against any Developer who violates any City
ordinance or state statute.
12. Mortgage Protection. At the same time that City gives notice to Developer of a
breach, City shall send a copy of the notice to each holder of record of any deed of
trust on the portion of the Property in which Developer has a legal interest
("Financier"), provided that the Financier has given prior written notice of its name
and mailing address to City and the notice makes specific reference to this section.
The copies shall be sent by United States mail, registered or certified, postage
prepaid, return receipt requested,and shall be deemed received upon the third (3rd)
day after deposit.
Each Financier that has given prior notice to City pursuant to this section shall have
the right, at its option and insofar as the rights of City are concerned, to cure any
such breach within fifteen (15) days after the receipt of the notice from City. If such
breach cannot be cured within such time period, the Financier shall have such
additional period as may be reasonably required to cure the same, provided that the
Financier gives notice to City of its intention to cure and commences the cure within
fifteen (15) days after receipt of the notice from City and thereafter diligently
prosecutes the same to completion. City shall not commence legal action against
Developer by reason of Developer's breach without allowing the Financier to cure
the same as specified herein.
Notwithstanding any cure by Financier,this Agreement shall be binding and effective
against the Financier and every owner of the Property, or part thereof, whose title
thereto is acquired by foreclosure, trustee sale or otherwise.
13. Estoppel Certificate. At any time and from time to time, Developer may deliver
written notice to City and City may deliver written notice to Developer requesting that
such Party certify in writing that, to the knowledge of the certifying Party, (i) this
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Agreement is in full force and effect and a binding obligation of the Parties, (ii) this
Agreement has not been amended, or if amended,the identity of each amendment,
and (iii) the requesting Party is not in breach of this Agreement, or if in breach, a
description of each such breach. The Party receiving such a request shall execute
and return the certificate within thirty (30) days following receipt of the notice. City
acknowledges that a certificate may be relied upon by successors in interest to the
Developer who requested the certificate and by holders of record of deeds of trust
on the portion of the Property in which that Developer has a legal interest.
14. Administration of Agreement. Any decision by City staff concerning the
interpretation and administration of this Agreement and development of the Property
in accordance herewith may be appealed by the Developer to the City Council,
provided that any such appeal shall be filed with the City Clerk of City within thirty
(30)days after the affected Developer receives notice of the staff decision. The City
Council shall render its decision to affirm, reverse or modify the staff decision within
sixty (60) days after the appeal was filed. The Developer shall not seek judicial
review of any staff decision without first having exhausted its remedies pursuant to
this section.
15. Amendment or Termination by Mutual Consent. In accordance with the provisions
of Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof
then in effect,this Agreement may be amended or terminated, in whole or in part, by
mutual consent of City and the affected Developer.
15.1. Exemption for Amendments of Proiect Approvals. No amendment to a
Project Approval shall require an amendment to this Agreement and any
such amendment shall be deemed to be incorporated into this Agreement
at the time that the amendment becomes effective, provided that the
amendment is consistent with this Agreement and does not alter the
permitted uses, density, intensity, maximum height, size of buildings or
reservations and dedications as contained in the Project Approvals.
16. Indemnification. Developer shall indemnify, defend with counsel approved by City,
and hold harmless City and its officers, employees and agents from and against any
and all losses, liabilities, fines, penalties, costs, claims,demands,damages, injuries
or judgments arising out of, or resulting in any way from, Developer's performance
pursuant to this Agreement.
Developer shall indemnify,defend with counsel approved by City,and hold harmless
City and its officers, employees and agents from and against any action or
proceeding to attack, review, set aside, void or annul this Agreement, or any
provision thereof, or any Project Approval or Subsequent Approval or modifications
thereto, or any other subsequent entitlements for the project and including any
related environmental approval.
17. Time of Essence. Time is of the essence for each provision of this Agreement of
which time is an element.
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18. Operative Date. This Agreement shall become operative on the date the Enabling
Ordinance becomes effective pursuant to Government Code Section 36937.
19. Term. This Agreement shall remain in full force and effect for a term of ten (10)
years commencing on its operative date, unless said term is amended or the
Agreement is sooner terminated as otherwise provided herein. Upon notice in
accordance with subsection 20 below the Developer may notify City at least one
hundred eighty (180) days in advance of the term of this Agreement that an
additional term is necessary for the completion of the Project. City may, at its sole
and unfettered discretion, extend the agreement for a term of not less than one (1)
year and no more than ten (10)years. Said extension of the term of this Agreement
may include the addition of any new fees which may be in effect at the time of the
extension request.
Expiration of the term or earlier termination of this Agreement shall not automatically
affect any Project Approval or Subsequent Approval that has been granted or any
right or obligation arising independently from such Project Approval or Subsequent
Approval.
Upon expiration of the term or earlier termination of this Agreement,the Parties shall
execute any document reasonably requested by any Party to remove this
Agreement from the public records as to the Property, and every portion thereof, to
the extent permitted by applicable laws.
20. Notices. All notices and other communications given pursuant to this Agreement
shall be in writing and shall be deemed received when personally delivered or upon
the third (3rd) day after deposit in the United States mail, registered or certified,
postage prepaid, return receipt requested, to the Parties at the addresses set forth
in Exhibit "B" attached hereto and incorporated herein.
Any Party may, from time to time, by written notice to the other,designate a different
address which shall be substituted for the one above specified.
21. Entire Agreement. This Agreement and those exhibits and documents referenced
herein contain the entire agreement between the Parties regarding the subject
matter hereof, and all prior agreements or understandings, oral or written, are
hereby merged herein. This Agreement shall not be amended,except as expressly
provided herein.
22. Waiver. No waiver of any provision of this Agreement 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 it is executed in writing by a duly authorized representative of the Party
against whom enforcement of the waiver is sought.
23. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
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Agreement shall be effective to the extent the remaining provisions are not rendered
impractical to perform, taking into consideration the purposes of this Agreement.
24. Relationship of the Parties. Each Party acknowledges that, in entering into and
performing under this Agreement, it is acting as an independent entity and not as an
agent of any of the other Parties in any respect. Nothing contained herein or in any
document executed in connection herewith shall be construed as creating the
relationship of partners,joint ventures or any other association of any kind or nature
between City and Developer,jointly or severally.
25. No Third Party Beneficiaries. This Agreement is made and entered into for the sole
benefit of the Parties and their successors in interest. No other person shall have
any right of action based upon any provision of this Agreement.
26. Recordation of Agreement and Amendments. This Agreement and any amendment
thereof shall be recorded with the County Recorder of the County of Ventura by the
City Clerk of City within the period required by Chapter 15.40 of the Moorpark
Municipal Code of City or any successor thereof then in effect.
27. Cooperation Between City and Developer. City and Developer shall execute and
deliver to the other all such other and further instruments and documents as may be
necessary to carry out the purposes of this Agreement.
28. Rules of Construction. The captions and headings of the various sections and
subsections of this Agreement are for convenience of reference only, and they shall
not constitute a part of this Agreement for any other purpose or affect interpretation
of the Agreement. Should any provision of this Agreement be found to be in conflict
with any provision of the Project Approvals or the Subsequent Approvals, the
provision of this Agreement shall prevail. Should any provision of the
Implementation Plan be found to be in conflict with any provision of this Agreement,
the provisions of the Implementation Plan shall prevail.
29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly
and equally by the Parties, and it shall not be construed against any Party on the
ground that the Party prepared the Agreement or caused it to be prepared.
30. Governing Law and Venue. This Agreement is made,entered into, and executed in
the County of Ventura, California, and the laws of the State of California shall govern
its interpretation and enforcement. Any action, suit or proceeding related to, or
arising from,this Agreement shall be filed in the appropriate court having jurisdiction
in the County of Ventura.
31. Attorneys' Fees. In the event any action, suit or proceeding is brought for the
enforcement or declaration of any right or obligation pursuant to, or as a result of
any alleged breach of, this Agreement, the prevailing Party shall be entitled to its
reasonable attorneys' fees and litigation expenses and costs, and any judgment,
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An
order or decree rendered in such action, suit or proceeding shall include an award
thereof.
32. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which constitute one and the same
instrument.
IN WITNESS WHEREOF, the Developer and City of Moorpark have executed this
Development Agreement on the date first above written.
CITY OF MOORPARK
Janice S. Parvin
Mayor
OWNER/DEVELOPER
Los Angeles Avenue LLC
By:
•
ALL SIGNATURES MUST BE NOTARIZED
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41
EXHIBIT A
LEGAL DESCRIPTION
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EXHIBIT "B"
ADDRESSES OF PARTIES
To City:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To Developer:
Los Angeles Avenue LLC
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PROPOSED MITIGATED NEGATIVE DECLARATION
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBITS ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
PC ATTACHMENT 5
at1
RESOLUTION NO. 2009-2799
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING THE USE OF
STANDARD CONDITIONS OF APPROVAL FOR
ENTITLEMENT PROJECTS
WHEREAS, at its meeting of March 18, 2009, the City Council considered
standard conditions for entitlement projects within the City of Moorpark, received public
testimony, and after receiving oral and written public testimony, reached a decision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council approves the use of Standard Conditions for
entitlement projects as shown in Exhibits A and B attached.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 18th day of March, 2009.
ice S. Parvin, Mayor
ATTEST: °°%�.•
ek.l a
. a1. W N
Maureen Assistant City erk
Attachments: Exhibit A: Standard Conditions of Approval for Subdivisions and
Planned Developments
Exhibit B: Standard Conditions of Approval for Conditional Use Permits
PC ATTACHMENT 6
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Resolution No. 2009-2799
Page 2
Exhibit A
CITY OF MOORPARK
STANDARD CONDITIONS OF APPROVAL
FOR SUBDIVISIONS AND PLANNED DEVELOPMENTS
A. The following conditions shall be required of all projects unless otherwise
noted:
GENERAL REQUIREMENTS
1. Within thirty (30) calendar days of approval of this entitlement, 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
entitlement. The Affidavit of Agreement/Notice shall include a legal description
of the subject property, and have the appropriate notary acknowledgement
suitable for recordation.
2. The Final Map must include the final Conditions of Approval and a reference to
the adopted City Council resolution in a format acceptable to the Community
Development Director.
3. This subdivision expires two (2) years from the date of its approval. The
Community Development Director with the City Engineer's concurrence may, at
his/her discretion, grant up to one (1) additional one-year extension for map
recordation, if there have been no changes in the adjacent areas and if the
applicant can document that he/she has diligently worked towards Map
recordation during the initial period of time. The request for extension of this
Map must be made in writing, at least thirty calendar (30) days prior to the
expiration date of the map and must be accompanied by applicable entitlement
processing deposits.
4. This planned development permit expires one (1) year from the date of its
approval unless the use has been inaugurated by issuance of a building permit
for construction. The Community Development Director may, at his/her
discretion, grant up to two (2) additional one-year extensions for use
inauguration of the development permit, 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 must be made in writing, at
least thirty (30) days prior to the expiration date of the permit and must be
accompanied by applicable entitlement processing deposits.
5. The Conditions of Approval of this entitlement and all provisions of the
Subdivision Map Act, City of Moorpark Municipal Code and adopted City
policies at the time of the entitlement approval, supersede all conflicting
notations, specifications, dimensions, typical sections and the like which may
be shown on said Map and/or plans or on the entitlement application. This
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Resolution No. 2009-2799
Page 3
language shall be added as a notation to the Final Map and/or to the final plans
for the planned development.
6. Conditions of this entitlement may not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an
authorized governmental agency.
7. Should continued compliance with these Conditions of Approval not be met, the
Community Development Director may modify the conditions in accordance
with Municipal Code Section 17.44.100 and sections amendatory or
supplementary thereto, declare the project to be out of 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 1.12.170).
8. All mitigation measures required as part of an approved Mitigation Monitoring
Report and Program (MMRP) for this entitlement are hereby adopted and
included as requirements of this entitlement. Where conflict or duplication
between the MMRP and the Conditions of Approval occurs the Community
Development Director shall determine compliance so long as it does not conflict
with the California Environmental Quality Act and the more restrictive measure
or condition shall apply.
9. If any archeological or historical finds are uncovered during grading or
excavation operations, all grading or excavation shall immediately cease in the
immediate area and the find must be left untouched. The applicant, in
consultation with the project paleontologist or archeologist, shall assure the
preservation of the site and immediately contact the Community Development
Director by phone, in writing by email or hand delivered correspondence
informing the Director of the find. In the absence of the Director, the applicant
shall so inform the City Manager. 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 must be approved in writing by the Community Development Director.
The applicant shall pay for all costs associated with the investigation and
disposition of the find.
10. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance for a
grading permit, a paleontological mitigation plan outlining procedures for
paleontological data recovery must be prepared and submitted to the
Community Development Director for review and approval. The development
and implementation of this Plan must include consultations with the Applicant's
engineering geologist as well as a requirement that the curation of all
specimens recovered under any scenario will be through the Los Angeles
County Museum of Natural History (LACMNH). All specimens become the
property of the City of Moorpark unless the City chooses otherwise. If the City
accepts ownership, the curation location may be revised. The monitoring and
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Resolution No. 2009-2799
Page 4
data recovery should include periodic inspections of excavations to recover
exposed fossil materials. The cost of this data recovery is limited to the
discovery of a reasonable sample of available material. The interpretation of
reasonableness rests with the Community Development Director.
11. The applicant shall defend, indemnify and hold harmless the City and its
agents, officers and employees from any claim, action or proceeding against
the City or its agents, officers or employees to attack, set aside, void, or annul
any approval by the City or any of its agencies, departments, commissions,
agents, officers, or employees concerning this entitlement approval, which
claim, action or proceeding is brought within the time period provided therefore
in Government Code Section 66499.37 or other sections of state law as
applicable and any provision amendatory or supplementary thereto. 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;
. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a Final Map is ultimately recorded with respect to
the subdivision or a building permit is issued pursuant to the planned
development permit.
12. If any of the conditions or limitations of this approval are held to be invalid, that
holding does not invalidate any of the remaining conditions or limitations set
forth.
13. All facilities and uses, other than those specifically requested in the application
and approval 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 any other adopted
ordinances, specific plans, landscape guidelines, or design guidelines.
14. All residential rentals shall comply with Chapter 15.34 Rental Housing
Inspection. (This Condition Applies to Residential Projects.)
FEES
15. Entitlement Processing: Prior to the approval of any Zoning Clearance for this
entitlement the applicant shall submit to the Community Development
Department all outstanding entitlement case processing fees, including all
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Resolution No. 2009-2799
Page 5
applicable City legal service fees. This payment must be made within sixty (60)
calendar days after the approval of this entitlement.
16. 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 Department the Condition Compliance review
deposit.
17. Capital Improvements and Facilities, and Processing: Prior to the issuance of
any Zoning Clearance, the applicant shall submit to the Community
Development Department, capital improvement, development, and processing
fees at the current rate then 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 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.
18. Parks: Prior to issuance of Zoning Clearance for a building permit, the
applicant shall submit to the Parks, Recreation and Community Services
Department fees in accordance with the Moorpark Municipal Code and to the
satisfaction of the Parks, Recreation and Community Services Director.
19. Tree and Landscape: Concurrently with the issuance of a building permit, the
Tree and Landscape Fee must be paid to the Building and Safety Division in
accordance with City Council adopted Tree and Landscape Fee requirements
in effect at the time of building permit application. (This Condition Applies to
Commercial and Industrial Projects)
20. Fire Protection Facilities: Concurrently with the issuance of a building permit,
current Fire Protection Facilities Fees must be paid to the Building and Safety
Division in accordance with City Council adopted Fire Protection Facilities Fee
requirements in effect at the time of building permit application.
21. Library Facilities: Concurrently with the issuance of a building permit, the
Library Facilities Fee must be paid to the Building and Safety Division in
accordance with City Council adopted Library Facilities Fee requirements in
effect at the time of building permit application.
22. Police Facilities: Concurrently with the issuance of a building permit, the Police
Facilities Fee must be paid to the Building and Safety Division in accordance
with City Council adopted Police Facilities Fee requirements in effect at the
time of building permit application.
23. Traffic Systems Management: Concurrently with the issuance of a Zoning
Clearance for each building permit, the applicant shall submit to the Community
Development Department the established Moorpark Traffic Systems
Management (TSM) Fee for the approved development consistent with adopted
City policy for calculating such fee.
24. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a
building permit, the applicant shall submit to the Community Development
Department a fair-share contribution for intersection improvements relating to
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Resolution No. 2009-2799
Page 6
the project. The amount of fair-share participation will be to the satisfaction of
the City Engineer and Public Works Director based on the traffic report
prepared for the project and the extent of the impact to these intersections.
25. Citywide Traffic: Concurrently with the issuance of a Zoning Clearance for each
building permit, the applicant shall submit to the Community Development
Department 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 entitlement consistent with
adopted City policy for calculating such fee. The fee will be paid at the time of
building permit issuance.
26. Area of Contribution: Concurrently with the issuance of a Zoning Clearance for
each building permit, the applicant shall pay to the Community Development
Department 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.
27. Street Liahtinq Energy Costs: Prior to recordation of Final Map, or issuance of a
building permit, whichever occurs first the applicant shall pay to the Community
Development Department all energy costs associated with public street lighting
for a period of one year from the acceptance of the street improvements in an
amount satisfactory to the City Engineer and Public Works Director.
28. Schools: Prior to issuance of building permits for each building, the applicant
shall provide written proof to the Community Development Department 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.
29. Art in Public Places: Prior to or concurrently with the issuance of a Zoning
Clearance for building permit, the applicant shall contribute to the Art in Public
Places Fund in accordance with Municipal Code Chapter 17.50 and sections
amendatory or supplementary thereto. Contribution is to be submitted to the
Community Development Department. If the applicant is required to provide a
public art project on or off-site in lieu of contributing to the Art in Public Places
Fund, the art work must have a value corresponding to, or greater than, the
contribution, and must be approved, constructed and maintained for the life of
the project in accordance with the applicable provision of the Moorpark
Municipal Code.
30. Electronic Conversion: In accordance with City policy, the applicant shall
submit to the Community Development Department, City Engineer and Public
Works Director and the Building and Safety Division the City's electronic image
conversion fee for entitlement/condition compliance documents; Final Map/
engineering improvement plans/permit documents; and building plans/permit
documents, respectively.
31. Fish and Game: Within two (2) business days after project approval, the
applicant shall submit to the City of Moorpark a check for the filing of the Notice
of Determination on the Negative Declaration or Environmental Impact Report
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Resolution No. 2009-2799
Page 7
and County Administrative Fee, made payable to the County of Ventura, in
compliance with Fish and Game Code and County procedures.
32. Crossing Guard: Prior to recordation of Final Map or prior to the issuance of a
building permit, whichever occurs first, the applicant shall pay to the Community
Development Department an amount to cover the costs associated with a
crossing guard for five years at the then current rate, plus the pro-rata cost of
direct supervision of the crossing guard location and staffs administrative costs
(calculated at fifteen percent (15%) of the above costs). This applies to
residential project of ten (10) or more units and commercial project of greater
than 5,000 square feet.
33. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the
issuance of a Zoning Clearance for building permit, the applicant shall pay to
the Community Development Department the citywide Storm Drain Discharge
Maintenance Fee in accordance with City Council adopted Storm Drain
Discharge Maintenance Fee requirements in effect at the time of building permit
application.
CABLE TELEVISION (These Conditions Apply to Residential Projects)
34. Prior to commencement of project construction, the applicant shall provide
notice of its construction schedule to all persons holding a valid cable television
franchise issued by the City of Moorpark (Cable Franchisees) sufficiently in
advance of construction to allow the Cable Franchisees to coordinate
installation of their equipment and infrastructure with that schedule. The City
shall provide the applicant a list of Cable Franchisees upon request. During
construction, the applicant shall allow the Cable Franchisees to install any
equipment or infrastructure (including conduit, power supplies, and switching
equipment) necessary to provide Franchisee's services to all parcels and lots in
the Project.
35. In the event the cable television services or their equivalent are provided to the
project or individual lots under collective arrangement or any collective means
other than a Cable Franchise (including, but not limited to, programming
provided over a wireless or satellite system contained within the Project), the
Home Owners Association (HOA), property owner association or other
applicable entity shall pay monthly to City an access fee of five percent (5%) of
gross revenue generated by the provision of those services, or the highest
franchise fee required from any City Cable Franchisee, whichever is greater.
"Gross revenue" is as defined in Chapter 5.06 of the Moorpark Municipal Code
and any successor amendment or supplementary provision thereto. In the
event there is no HOA (e.g. in the case of an apartment project), then the
property owner shall make the payment.
36. In the event cable television services or their equivalent are provided to the
project by any means other than by a City Cable Franchise, the City's
government channel shall be available to all units as part of any such service,
on the same basis and cost as if the project was served by a City Cable
Franchise.
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AFFORDABLE HOUSING REQUIREMENTS (These Conditions Apply to
Residential Projects)
37. Affordable Housing Agreement/Plan: Prior to the preparation of an Affordable
Housing Agreement and/or an Affordable Housing Implementation and Resale
Restriction Plan, the applicant shall pay to the City the City's cost to prepare the
required Plan and Agreement.
38. Prior to or concurrently with the first Final Map approval, the applicant shall
enter into an Affordable Housing Agreement and an Affordable Housing
Implementation and Resale Restriction Plan. Consistent with the City's
General Plan Housing Element, State law and Moorpark redevelopment
Agency Implementation Plan, this subdivision is subject to execution of an
Affordable Housing Agreement and an Affordable Housing Implementation and
Resale Restriction Plan between the City of Moorpark and the applicant. The
Affordable Housing Agreement and an Affordable Housing Implementation and
Resale Restriction Plan set forth the procedure for meeting an affordable
housing requirement of a negotiated percentage of the total number of
approved dwelling units for properties outside of a Redevelopment Project Area
and negotiated percentage of the total number of approved dwelling units for
projects which are in a Redevelopment Project Area. In no case may the
percentage of dwelling units restricted for low and very low income units be less
than ten percent (10%) for projects outside of the Redevelopment Project Area
and no less than fifteen percent (15%) within the Redevelopment Project Area.
The Agreement may be part of a Development Agreement.
39. Prior to the preparation of an Affordable Housing Agreement and an Affordable
Housing Implementation and Resale Restriction Plan, the applicant shall agree
to provide low income and very low income units as specified in the Special
Conditions of Approval, included herein, to meet the requirements of California
Health and Safety Code 33410 et seq.
40. Prior to the recordation of the first Final Map or where there is no Final Map,
prior to the issuance of the first building permit for this project, the applicant and
the City shall execute an Affordable Housing Agreement that incorporates a
Council approved Affordable Housing Implementation and Resale Restriction
Plan consistent with the Conditions of Approval of the project. The initial sales
price, location of the affordable units, buyer eligibility, and resale restrictions,
respective role of the City and the applicant, and any other item determined
necessary by the City shall be set forth in the Plan.
B. Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
41. 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 must be designed to
provide comprehensive on-site sign arrangement and design consistent with
the commercial/industrial center architecture and the City's Sign Ordinance
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Resolution No. 2009-2799
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requirements. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
42. For all flat roofed portions of buildings, a minimum eighteen-inch (18") parapet
wall above the highest point of the flat roof must be provided on all sides. (This
Condition Applies to Commercial/Industrial and Multi-family Residential
Projects)
43. Skylights are prohibited unless approved through the Planned Development
Permit process or as a Modification to the Planned Development Permit. (This
Condition Applies to Commercial/Industrial and Multi-family Residential
Projects)
44. The use of highly-reflective glass or highly reflective film applied to glass is not
allowed on any structures. Highly-reflective glass is defined as glass having a
visible light reflectance (VLR) rating of twenty (20) percent or greater. The use
of darkly-tinted glass is only allowed in industrial zones. Darkly-tinted glass is
defined as glass with a visible light transmittance (VLT) rating of fifty
(50) percent or less. The use of low-emissivity (Low-E) glass is encouraged, but
it must meet reflectance and transmittance requirements as noted above. The
applicant shall provide a sample of the glass to be used, along with information
on the VLR and VLT for review and approval by the Community Development
Director prior to the issuance of building permits.
45. Exterior downspouts are not permitted unless designed as an integral part of
the overall architecture and approved by the City as part of the planned
development permit. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
46. Mechanical equipment for the operation of the building must be ground-
mounted and screened to the satisfaction of the Community Development
Director. The Community Development Director may approve roof-mounted
equipment, in which case, all parts of the roof mounted equipment (such as
vents, stacks, blowers, air conditioning equipment, etc.) must be below the
lowest parapet on the roof; and must be painted the same color as the roofing
material. No piping, roof ladders, vents, exterior drains and scuppers or any
other exposed equipment may be visible on the roof. (This Condition Applies
to Commercial/Industrial and Multi-family Residential Projects)
47. Roof-mounted equipment and other noise generation sources on-site must be
attenuated to 45 decibels (dBA) or to the ambient noise level at the property
line measured at the time of the occupancy, whichever is greater. Prior to the
issuance of a Zoning Clearance for initial occupancy or any subsequent
occupancy, the Community Development Director may request the submittal of
a noise study for review and approval. The noise study would need to show
that the current project attenuates all on-site noise generation sources to the
required level or provide recommendations as to how the project could be
modified to comply. The noise study must be prepared by a licensed acoustical
engineer in accordance with accepted engineering standards. (This Condition
Applies to Commercial/Industrial Projects)
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48. Any outdoor ground level equipment, facilities or storage areas including, but
not limited to loading docks, trash enclosures, cooling towers, generators, must
be architecturally screened from view with masonry wall and/or landscaping as
determined by the Community Development Director. (This Condition Applies
to Commercial/Industrial and Multi-family Residential Projects)
49. A utility room with common access to house all meters and the roof access
ladder must be provided unless an alternative is approved by the Community
Development Director.(This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
50. No exterior roof access ladders are permitted. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
51. Prior to issuance of a grading permit, the applicant shall provide an Irrevocable
Offer of Dedication to the City of an easement for the purpose of providing
ingress/egress access, drainage and parking to the adjacent
commercial/industrial properties. The City of Moorpark shall not assume any
responsibility for the offered property or any improvements to the property until
this action has been accepted by the City Council. If accepted by the City of
Moorpark, this easement may be fully assignable to the adjacent property
owners, as an easement appurtenant for parking, ingress/egress access
purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of
Dedication and other required pertinent documents required to satisfy the
above requirements must be to the satisfaction of the Community Development
Director, City Engineer and Public Works Director and the City Attorney. (This
Condition Applies to Commercial/Industrial Projects)
52. Parking areas must be developed and maintained in accordance with the
requirements of the Moorpark Municipal Code. All parking space and loading
bay striping must be maintained so that it remains clearly visible during the life
of the development. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
53. Prior to any re-striping of the parking area, a Zoning Clearance is required. All
disabled parking spaces and paths of travel must be re-striped and maintained
in their original approved locations unless new locations are approved by the
Community Development Director. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
54. All parking areas must be surfaced with asphalt, concrete, or other surface
acceptable to the Community Development Director, City Engineer and Public
Works Director, and must 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, loading and common areas must be maintained
at all times to ensure safe access and use by employees, public agencies and
service vehicles. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
55. The Building Plans must be in substantial conformance to the plans approved
under this entitlement and must specifically include the following:
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a. Transformers and cross connection water control devices (subject to
approval by Ventura County Waterworks District No. 1), screened from
street view with a masonry wall and/or landscaping as determined by the
Community Development Director. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
b. Bicycle racks or storage facilities, in quantities as required by the
Community Development Director and other City staff and in accordance
with the Municipal Code. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
c. Required loading areas with 45-foot turning radii for loading zones
consistent with the AASHO WB-50 design vehicle and as required by the
Community Development Director, City Engineer and Public Works
Director. If drains from the loading area are connected to the sewer
system, they are subject to the approval of Ventura County Waterworks
District No. 1. (This Condition Applies to Commercial/Industrial
Projects)
d. Final exterior building materials and paint colors 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. Identification of coating or rust-inhibitive paint for all exterior metal building
surfaces to prevent corrosion and release of metal contaminants into the
storm drain system. (This Condition Applies to Commercial/Industrial
and Multi-family Residential Projects)
f. Trash disposal and recycling areas in locations which will not interfere with
circulation, parking or access to the building. Exterior trash areas and
recycling bins must use impermeable pavement and be designed to have
a cover and so that no other area drains into it. The trash areas and
recycling bins must be depicted on the final construction plans, the size of
which must be approved by the Community Development Director, City
Engineer and Public Works Director and the City's Solid Waste
Management staff. When deemed appropriate, drains from the disposal
and recycling areas must be connected to the sewer system and subject
to the approval of Ventura County Waterworks District No. 1. Review and
approval shall be accomplished prior to the issuance of a Zoning
Clearance for building permit. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
56. 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 and to the
satisfaction of the City Engineer and Public Works Director.
57. 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) may only be allowed, if, in the judgment of the Community
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Development Director such change is compatible with the surrounding area.
Any approval granted by the Director must be consistent with the approved
Design Guidelines (if any) for the planned development and applicable Zoning
Code requirements. A Permit Modification application may be required as
determined by the Community Development Director.
58. All air conditioning or air exchange equipment must be ground mounted. The
equipment may only be located in a side yard in such a manner that it is not
within 15-feet of an opening window at ground floor level of any residential
structure, and maintains a minimum 5-foot side-yard property line setback. The
Director may approve rear yard locations where side yard locations are not
possible. (This Condition Applies to Residential Projects)
59. A minimum twenty-foot(20') by twenty-foot (20') clear and unobstructed parking
area for two (2) vehicles must be provided in a garage for each dwelling unit
less than 2,800 square feet. A minimum twenty-foot (20') deep by thirty-foot
(30') wide clear and unobstructed parking area for three (3) vehicles must be
provided in a garage for each dwelling unit greater than 2,800 square feet.
Single garages must measure a minimum of twelve-foot (12') wide by twenty-
foot (20') deep clear and unobstructed area. Steel roll-up garage doors must be
provided, unless a higher-quality alternative is approved by the Community
Development Director. Garage doors must be a minimum of sixteen feet (16')
wide by seven feet (7') high for double doors and nine feet (9') wide by seven
feet (7') high for single doors. A minimum twenty-foot (20') long concrete paved
driveway must be provided in front of the garage door outside of the street
right-of-way. All garages must be provided in accordance with the Parking
Ordinance. (This Condition Applies to Single-family Residential Projects)
60. All homes/units must be constructed employing energy saving devices. These
devices must include, but not be limited to ultra low flush toilets (to not exceed
1.6 gallons), low water use shower controllers, natural gas fueled stoves,
pilotless ovens and ranges, night set back features for thermostats connected
to the main space-heating source, kitchen ventilation systems with automatic
dampers, hot water solar panel stub-outs, and solar voltaic panel stub-outs,
(This Condition Applies to Residential Projects)
61. When required by Title 15 of the Moorpark Municipal Code and any provision
amendatory or supplementary thereto, rain gutters and downspout must be
provided on all sides of the structure for all structures where there is a
directional roof flow. Water must be conveyed to an appropriate drainage
system, consistent with NPDES requirements, as determined by the City
Engineer and Public Works Director.
OPERATIONAL REQUIREMENTS
62. Loading and unloading operations are allowed only between the hours of 6:00
a.m. and 10:00 p.m. unless additional hours are approved by the City Council.
More restrictive hours for loading and unloading may be imposed by the
Community Development Director if there are noise and other issues that make
the loading and unloading incompatible with the adjacent residential uses.
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There shall be no idling of trucks while loading or unloading. (This Condition
Applies to Commercial/Industrial Projects)
63. All uses and activities must be conducted inside the building(s) unless
otherwise authorized in writing by the Community Development Director
consistent with applicable Zoning Code provisions.(This Condition Applies to
Commercial/Industrial Projects)
64. 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
Permit Modification to the entitlement. (This Condition Applies to
Commercial/Industrial Projects)
65. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
66. The continued maintenance of the subject site and facilities is subject to
periodic inspection by the City. The Applicant and his/her successors, heirs,
and assigns are required to remedy any defects in ground or building
maintenance, as indicated by the City within five (5) working days from written
notification. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
67. No noxious odors may be generated from any use on the subject site. (This
Condition Applies to Commercial/Industrial Projects)
68. The applicant and his/her successors, heirs, and assigns must remove any
graffiti within seventy-two (72) hours from written notification by the City of
Moorpark. All such graffiti removal must be accomplished to the satisfaction of
the Community Development Director. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
69. 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. (This Condition Applies to
Commercial/Industrial Projects)
70. Prior to or concurrently with the issuance of a Zoning Clearance for occupancy
of any of the buildings, the applicant shall request that the City Council approve
a resolution to enforce California Vehicle Codes (CVC) on the subject property
as permitted by the CVC. (This Condition Applies to Commercial/Industrial
and Multi-family Residential Projects)
71. 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 and Public Works
Director. Phasing shall avoid, to the extent possible, construction traffic
impacts to existing adjacent residential, commercial, industrial areas, schools,
parks and other city facilities, if any.
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72. 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 must 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. (This Condition
Applies to Commercial/Industrial and Multi-family Residential Projects)
73. The building manager or designee shall be required to conduct a routine on-site
waste management education program for educating and alerting employees
and/or residents to any new developments or requirements for solid waste
management. This condition is to be coordinated through the City's Solid Waste
Management staff. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
74. No overnight parking, repair operations or maintenance of trucks may occur on
site. The property owner may enter into an agreement with the City to allow the
City to enter the property when the property owner has properly posted signs
restricting the overnight parking, repair or maintenance of truck, to enforce the
onsite restrictions and assume the costs of towing the violating vehicles. (This
Condition Applies to Commercial/Industrial and Multi-family Residential
Projects)
LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS
75. 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 a maintenance
plan. Fences and walls must 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 must demonstrate proper vehicle sight distances
subject to the review of the City Engineer and Public Works Director and in
accordance with the Zoning Code, and encompass all required planting areas
consistent with these Conditions of Approval. Review by the City's Landscape
Architect Consultant and City Engineer and Public Works Director, and
approval by the Community Development Director prior to issuance of a Zoning
Clearance for building permit, is required.
76. The landscape plan must incorporate specimen size trees and other substantial
features subject to the review and approval of the Community Development
Director. Prior to the issuance of a grading permit, a tree survey must be
prepared to determine the valuation of the mature trees to be removed.
Enhanced replacement landscaping of equal or greater value, as determined by
the Community Development Director, must be installed in accordance with the
current applicable provisions of the Moorpark Municipal Code.
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77. Prior to or concurrently with the submittal of the Landscaping and Irrigation
Plans, the specific design and location of the neighborhood identification
monument sign must be submitted for review and approval by the Community
Development Director. The sign must be installed concurrent with or
immediately after perimeter project wall installation. (This Condition Applies
to Single-family Residential Projects)
78. Prior to the issuance of a Zoning Clearance for final building permit
(occupancy) the applicant shall install front yard landscaping, including sod,
one fifteen (15) gallon tree and an automatic irrigation system, as approved on
the landscape plans. (This Condition Applies to Single-family Residential
Projects)
79. Prior to or concurrently with the submittal of the landscape and irrigation plan, a
lighting plan, along with required deposit, must 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, must be in
conformance with the Moorpark Municipal Code. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
80. Landscape plans submitted at the time of entitlement review are conceptual
only. Entitlement approval does not include approval of the specific plant
species on the conceptual landscape plans unless indicated in the Special
Conditions of Approval. Detailed landscaping plans are subject to review and
approval by the Community Development Director for compliance with the
City's Landscape Standards and Guidelines.
81. For project sites adjacent to protected open space or to a conservation area,
none of the prohibited plants indicated in the Provisionally Acceptable Plant List
and the Invasive and Prohibited Plant List contained in the City's Landscape
Standards and Guidelines may be used on any property within the development
site or the adjacent public or private right-of-way.
82. Unless otherwise stipulated in the Special Conditions of Approval, the applicant
shall be responsible for the maintenance of any and all parkway landscaping
constructed as a requirement of the project, whether said parkway landscaping
is within the street right-of-way or outside of the street right-of-way. Any
parkway landscaping outside of the street right-of-way must be within a
landscape maintenance district.
83. All required landscape easements must be clearly shown on the Final Map or
on other recorded documents if there is no Final Map.
84. 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 by Section 17.32.070 of the Moorpark Municipal Code
and will be considered a violation of the Conditions of Approval. Tree trimming
for the purposes of maintaining the health of trees is permitted with prior
approval of the Community Development Director and City's designated
arborist. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
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85. When available, use of reclaimed water is required for landscape areas subject
to the approval of the Community Development Director, the City Engineer and
Public Works Director and Ventura County Waterworks District No. 1.
86. Landscaped areas must 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, must be installed to intercept
and effectively prohibit pollutants from discharging to the storm drain system.
The design must be submitted to the Community Development Director and
City Engineer and Public Works Director for review and approval prior to the
issuance of a building permit.
87. All landscaping must be maintained in a healthy and thriving condition, free of
weeds, litter and debris.
88. Prior to the issuance of Zoning Clearance for occupancy, all fences/walls along
lot boundaries must be in place, unless an alternative schedule is approved by
the Community Development Director.
89. Prior to the issuance of a Zoning Clearance for occupancy, the applicant shall
enter into the standard Caltrans tri-party maintenance agreement to maintain
any landscaping within Caltrans right-of-way. The applicant and any
subsequent owners shall maintain all landscaping and hardscape areas that
are covered by the tri-party maintenance agreement for the life of the project.
C. Please contact the ENGINEERING DIVISION for compliance with the
following conditions:
GENERAL
90. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the latest California Building
Code as adopted by the City of Moorpark and in conformance with the latest
"Land Development Manual" and "Road Standards" as promulgated by Ventura
County; "Hydrology Manual" and "Design Manual" as promulgated by Ventura
County Watershed Protection District; "Standard Specifications for Public
Works Construction" as published by BNI (except for signs, traffic signals and
appurtenances thereto which must conform to the provisions of Chapter 56 for
signs and Chapter 86 for traffic signals, and appurtenances thereto, of the
"Standard Specifications," most recent edition, including revisions and errata
thereto, as published by the State of California Department of Transportation).
91. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the most recently approved
"Engineering Policies and Standards" of the City of Moorpark, and "Policy of
Geometric Design of Highways and Streets," most recent edition, as published
by the American Association of State Highway and Transportation Officials. In
the case of conflict between the standards, specifications and design manuals
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listed herein and above, the criteria that provide the higher level of quality and
safety prevail as determined by the City Engineer and Public Works Director.
Any standard specification or design criteria that conflicts with a Standard or
Special Condition of Approval of this project must be modified to conform with
the Standard or Special Condition to the satisfaction of the City Engineer and
Public Works Director.
92. Engineering plans must be submitted on standard City title block sheets of 24-
inch by 36-inch to a standard engineering scale representative of sufficient plan
clarity and workmanship.
93. A 15-mile per hour speed limit must be observed within all construction areas.
94. If any hazardous waste or material is encountered during the construction of
this project, all work must be immediately stopped and the Ventura County
Environmental Health Department, the Ventura County Fire Protection District,
the Moorpark Police Department, and the Moorpark City Engineer and Public
Works Director must be notified immediately. Work may not proceed until
clearance has been issued by all of these agencies.
95. The applicant and/or property owner shall provide verification to the City
Engineer and Public Works Director that all on-site storm drains have been
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 and Public Works Director depending upon site and weather
conditions. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
96. All paved surfaces; including, but not limited to, the parking area and aisles,
drive-through lanes, on-site walkways must be maintained free of litter, debris
and dirt. Walkways, parking areas and aisles and drive-through lanes must be
swept, washed or vacuumed regularly. When swept or washed, litter, debris
and dirt must be trapped and collected to prevent entry to the storm drain
system in accordance with NPDES requirements. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
97. Prior to improvement plan approval, the applicant shall obtain the written
approval on approved site plan exhibit sheets for the location of fire hydrants by
the Ventura County Fire Prevention Division. Water and Sewer improvements
plans must be submitted to Ventura County Waterworks District No. 1 for
approval.
98. 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 and Public Works
Director.
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99. Reactive organic compounds, Nitrogen oxides (ozone/smog precursor), and
particulate matter (aerosols/dust) generated during construction operations
must be minimized in accordance with the City of Moorpark standards and the
standards of the Ventura County Air Pollution Control District (APCD). When
an air pollution Health Advisory has been issued, construction equipment
operations (including but not limited to grading, excavating, earthmoving,
trenching, material hauling, and roadway construction) and related activities
must cease in order to minimize associated air pollutant emissions.
100. The applicant shall comply with Chapters 9.28, 10.04, 12.24, and 17.53 of the
Moorpark Municipal Code and any provision amendatory or supplementary
thereto, as a standard requirement for construction noise reduction.
101. The applicant shall utilize all prudent and reasonable measures (including
installation of a 6-foot high chain link fence around the construction site(s)
and/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.
102. The applicant shall post, in a conspicuous location, the construction hour
limitations and make each construction trade aware of the construction hour
limitations.
GRADING
103. All grading and drainage plans must be prepared by a qualified Professional
Civil Engineer currently registered and in good standing in the State of
California and are subject to review by the City Engineer and Public Works
Director. Prior to or concurrently with the submittal of a grading plan the
applicant shall submit a soils (geotechnical) report.
104. Grading must conform to the standards contained in Chapter 17.38 Hillside
Management of the Moorpark Municipal Code and any provision amendatory or
supplementary thereto. Plans detailing the design and control (vertical and
horizontal) of contoured slopes must be provided to the satisfaction of the City
Engineer, Public Works Director and Community Development Director.
105. Prior to the issuance of a grading permit or Final Map approval, whichever
comes first, the applicant shall post sufficient surety with the City, in a form
acceptable to the City Engineer and Public Works Director, guaranteeing
completion of all onsite and offsite improvements required by these Conditions
of Approval and/or the Municipal Code including, but not limited to grading,
street improvements, storm drain improvements, temporary and permanent
Best Management Practice (BMP) for the control of non-point water discharges,
landscaping, fencing, and bridges. Grading and improvements must be
designed, bonded and constructed as a single project.
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106. Prior to the issuance of a grading permit or Final Map approval, whichever
occurs first, the applicant shall provide written proof to the City Engineer and
Public Works Director that any and all wells that may exist or have existed
within the project have been properly sealed, destroyed or abandoned per
Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per California
Department of Conservation, Division of Oil, Gas, and Geothermal Resources
requirements.
107. Prior to issuance of a grading permit, final approved soils and geology reports
must be submitted to the City Engineer and Public Works Director. The
approved final report must encompass all subsequent reports, addendums and
revisions under a single cover. Where liquefaction hazard site conditions exist,
an extra copy of the final report must be provided by the applicant to the City
Engineer and Public Works Director and be sent by the applicant to the
California Department of Conservation, Division of Mines and Geology in
accordance with Public Resources Code Section 2697 within 30 days of report
approval.
108. Prior to issuance of the grading permit, a grading remediation plan and report
must be submitted for review and approval of the City Engineer and Public
Works Director. The report must evaluate all major graded slopes and open
space hillsides whose performance could effect planned improvements. The
slope stability analysis must be performed for both static and dynamic
conditions, using an appropriate pseudo-static horizontal ground acceleration
coefficient for earthquakes on faults, capable of impacting the project in
accordance with standard practice as outlined in DMG Special Publication No.
117, 1997.
109. Prior to issuance of the grading permit, the project geotechnical engineer shall
evaluate liquefaction potential. Where liquefaction is found to be a hazard, a
remediation plan with effective measures to avoid and control damage must be
provided to the City Engineer and Public Works Director. During construction,
measures to reduce seismic liquefaction risks shall be employed as
recommended in the approved remediation plan and associated geotechnical
report, such as placement of a non-liquefiable cap over the alluvium, removal of
the liquefiable soils, in-situ densification, or the excavation of a shear key below
the base of the liquefiable zone. Where liquefaction hazard site conditions exist,
the applicant shall provide an extra copy of the final report to the City Engineer
and Public Works Director and shall send a copy of the report to the California
Department of Conservation, Division of Mines and Geology in accordance with
Public Resources Code Section 2697 within 30 days of report approval.
110. The project must comply with all NPDES requirements and the City of
Moorpark standard requirements for temporary storm water diversion structures
during all construction and grading.
111. Prior to issuance of a grading permit, a qualified, currently registered
Professional Civil Engineer in good standing in the State of California shall be
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retained to prepare Erosion and Sediment Control Plans in conformance with
the currently issued Ventura County Municipal Strom Water NPDES Permit.
These Plans shall address, but not be limited to, construction impacts and long-
term operational effects on downstream environments and watersheds. The
Plans must consider all relevant NPDES requirements and recommendations
for the use of the best available technology and specific erosion control
measures, including temporary measures during construction to minimize water
quality effects to the maximum extent practicable. Prior to the issuance of an
initial grading permit, review and approval by the Community Development
Director and City Engineer and Public Works Director is required.
112. Prior to the import or export of more than one hundred (100) truckloads or one
thousand cubic yards (1,000 cu. yds.) a Haul Route Permit in conformance with
the currently adopted City of Moorpark Engineering Policies and Standards is
required.
113. Where slopes exceeding 4 feet in height are adjacent to sidewalks, and streets,
the grading plan must include a slough wall, Angelus Standard slumpstone,
color or other alternative as determined by the Community Development
Director, approximately 18 inches high, with curb outlet drainage to be
constructed behind the back of the sidewalk to prevent debris from entering the
sidewalk or street. The wall must be designed and constructed in conformance
with the City's standard wall detail. All material for the construction of the wall
shall be approved by the City Engineer and Public Works Director and
Community Development Director. Retaining walls greater than 18 inches in
height must be set back two-feet (2') from the back of the sidewalk. This two-
foot(2') area must be landscaped and have no greater than a two percent (2%)
cross fall slope. The slough wall and landscaping design is subject to the
review and approval of the City Engineer and Public Works Director and
Community Development Director.
114. Grading plans must include, but not be limited to entry walls and project
identification signs in accordance with City standards. Landscaping,
appropriate to the entry, shall be provided that will not interfere with sight-
distance or turning movement operations. The final design for the project
entrance must be reviewed and approved by the Community Development
Director and the City Engineer and Public Works Director.
115. During grading, the project geotechnical engineer shall observe and approve all
keyway excavations, removal of fill and landslide materials down to stable
bedrock or in-place material, and installation of all sub-drains including their
connections. All fill slope construction must be observed and tested by the
project geotechnical engineer, and the density test results and reports
submitted to the City Engineer and Public Works Director to be kept on file.
Cuts and slopes must be observed and mapped by the project geotechnical
and civil engineers who will provide any required slope modification
recommendations based on the actual geologic conditions encountered during
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grading. Written approval from the City Engineer and Public Works Director
must be obtained prior to any modification.
116. Written weekly progress reports and a grading completion report must be
submitted to the City Engineer and Public Works Director by the project
geotechnical engineers. These reports must include the results and locations of
all compaction tests, as-built plans of all landslide repairs and fill removal,
including geologic mapping of the exposed geology of all excavations showing
cut cross-sections and sub-drain depths and locations. The lists of excavations
approved by the engineering geologist must also be submitted. Building permits
will not be issued without documentation that the grading and other pertinent
work has been performed in accordance with the geotechnical report criteria
and applicable Grading Ordinance provisions.
117. During grading, colluvial soils and landslide deposits within developed portions
of the properties must be re-graded to effectively remove the potential for
seismically-induced landslides in these materials. Additional buttressing, keying
and installation of debris benches must be provided in transition areas between
non-graded areas and development as recommended in the final geotechnical
reports by the project geotechnical engineer.
118. The recommendations for site grading contained in the final geotechnical
reports must be followed during grading unless modifications are submitted for
approval by the engineers-of-work and specifically approved in writing by the
City Engineer and Public Works Director.
119. Temporary irrigation, hydroseeding and erosion control measures, approved by
the Community Development Director, City Engineer and Public Works
Director, must 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) calendar days except that during the rainy season (October 1 to
April 15), these measures will be implemented immediately.
120. The maximum gradient for any slope must not exceed a 2:1 (horizontal:vertical)
slope inclination except where special circumstances exist. In the case of
special circumstances, where steeper slopes are warranted, a registered soils
engineer and a licensed landscape architect will review plans and their
recommendations will be subject to the review and approval of the City
Engineer, Public Works Director, and the Community Development Director.
121. All graded slopes steeper than 5:1 (horizontal:vertical) must have soil
amendments added, irrigation systems installed and be planted in a timely
manner with groundcover, trees and shrubs (consistent with the approved
landscape and irrigation plans) to stabilize slopes and minimize erosion. Timely
manner means that the slope soil amendments, irrigation systems and planting
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on each slope must 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 must be
completed on a schedule commensurate with the grading. The planting will be
to the satisfaction of the Community Development Director, City Engineer, and
Public Works Director.
122. Grading may occur during the rainy season from October 1 to April 15, subject
to timely installation of erosion control facilities when approved in writing by the
City Engineer, Public Works Director and the Community Development Director
and when erosion control measures are in place. In order to start or continue
grading operations between October 1 and April 15, project-specific erosion
control plans that provide detailed Best Management Practices for erosion
control during the rainy season must be submitted to the City Engineer and
Public Works Director no later than September 1 of each year that grading is in
progress. 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 the rainy
season, October 1 through April 15, all graded slopes must be covered with a
woven artificial covering immediately after completion of each graded slope.
Grading operations must cease if the applicant fails to place effective best
management measures on graded slopes immediately after construction. No
slopes may be graded or otherwise created when the National Weather Service
local three-day forecast for rain is twenty percent (20%), or greater, unless the
applicant is prepared to cover the permanent and temporary slopes before the
rain event. The artificial covering and planting will be to the satisfaction of the
Community Development Director, City Engineer, and Public Works Director.
123. During clearing, grading, earth moving, excavation, soil import and/or soil
export operations, the applicant shall comply with the City of Moorpark standard
requirements for dust control, including, but not be limited to, minimization of
ground disturbance, application of water/chemicals, temporary/permanent
ground cover/seeding, street sweeping, and covering loads of dirt. All clearing,
grading, earth moving, excavation, soil import and/or soil export operations
must cease during periods of high winds (greater than 15 mph averaged over
one hour).
124. Backfill of any pipe or conduit must be in four-inch (4") fully compacted layers
unless otherwise specified, in writing, by the City Engineer and Public Works
Director.
125. Soil testing for trench compaction must be performed on all trenching and must
be done not less than once every two feet (2') of lift and one-hundred lineal feet
(100') of trench excavated. Test locations must be noted using true elevations
and street stationing with offsets from street centerlines.
126. Prior to issuance of each building permit, the project geotechnical and/or soils
engineer shall submit an as-graded geotechnical report and a rough grading
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certification for said lot and final soils report compiling all soils reports,
addendums, certifications, and testing on the project for review and approval by
the City Engineer and Public Works Director.
127. Prior to issuance of the first building permit, the project's engineer shall certify
that the grading and improvements have been completed, as noted on the
original approved plans and any subsequent change orders.
128. When required by the Community Development Director and/or the City
Engineer and/or Public Works Director, at least one (1) week prior to
commencement of grading or construction, the applicant shall prepare a notice
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 notice must include current contact
information for the applicant, including all persons with authority to indicate and
implement corrective action in their area of responsibility, including the name of
the contact responsible for maintaining the list. The names of individuals
responsible for noise and litter control, tree protection, construction traffic and
vehicles, erosion control, and the twenty-four (24) hour emergency number,
must be expressly identified in the notice. The notice must be re-issued with
each phase of major grading and construction activity. A copy of all notices
must be concurrently transmitted to the Community Development Department.
The notice record for the City must be accompanied by a list of the names and
addresses of the property owners notified and a map identifying the notification
area.
129. Consistent with the final geotechnical reports, at a minimum, the following
measures must be implemented during design and construction where
appropriate to minimize expansive soil effects on structures: potential
foundation systems to include pier and grade beam; use of structural concrete
mats and post-tensioned slabs; pad overcutting to provide uniform swell
potential; and soil subgrade moisture treatment.
130. Prior to issuance of building permits, chemical testing of representative building
pad soils is required to determine the level of corrosion protection required for
steel and concrete materials used for construction. The following measures
must be implemented where appropriate to protect against corrosion:
• use of sulfate-resistant concrete; and
• use of protective linings to encase metallic piping buried in soils warranting
such measures.
131. Engineered fills must be constructed in compliance with the standards and
criteria presented in the approved geotechnical report. The differential
thickness of the fill under individual buildings may not be greater than ten (10)
feet. These measures must be verified by construction observation and testing
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by the project geotechnical engineer as outlined in the final geotechnical
reports and approved by the City Engineer and Public Works Director.
132. Additional analysis of the predicted total and differential settlements of the
major fills at each site must be performed by the project geotechnical engineer
during the final design stage. Possible measures that may be required based
on the settlement data include 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.
133. Transfer of responsibility of California Registered Civil Engineer in charge for
the project must be in accordance with rules and guidelines set forth pursuant
to Rules of the Board for Professional Engineers and Land Surveyors,
California Code of Regulations, Title 16, Division 5, Board Rule 404.1,
Subsections (c) and (d), that speak to Successor Licensee and Portions of
Projects.
Applicant has full right to exercise the service of a new engineer in charge at
any time during a project. When there is a change in engineer, the
applicant/owner shall notify the City Engineer and Public Works Director in
writing within 48 hours of such change. Said letter shall specify successor
California Registered Civil Engineer and shall be stamped and signed and
dated by said engineer in responsible charge and shall accept responsibility of
project. The letter will be kept on file at the City.
FINAL MAP
134. The Final Map must be prepared in accordance with the latest copy of the,
"Guide for the Preparation of Tract Maps, Parcel Maps and Records of
Survey/Corner Records" as published by the Public Works Agency of the
County of Ventura and amended from time to time. The various jurat's/notary
acknowledgements and certificates must be modified, as appropriate, to reflect
the jurisdiction of the City and the location of the subdivision within the City.
The Final Map must provide that each lot corner and street centerline
intersection, tangent point, and terminus be monumented with Ventura County
Road Standard survey monument plate E-4. Street monuments must be
intervisible. The E-4 monument disk stamping must read, "City of Moorpark", be
center punched to show the comer, and be stamped with the registration or
license number of the professional surveyor responsible for its location.
135. Concurrently with the submittal of the Final Map, the applicant shall submit a
current (dated within the last ninety (90) days) preliminary title report to the City
Engineer and Public Works Director, which clearly identifies all interested
parties, lien holders, lenders and all other parties having any record title interest
in the real property being subdivided. The preliminary title report must identify
the holders of any easements that affect the subdivision and contain the vesting
deeds of ownership and easements. Thirty (30) days prior to the submittal of
the Final Map Mylar® sheets, the applicant shall provide the City Engineer and
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Public Works Director, a subdivision guarantee policy of the property within the
Final Map and preliminary title report for each area of easement proposed to be
obtained for grading or construction of improvements.
136. Prior to or concurrently with the submittal of the Final Map, the applicant shall
provide written evidence to the City Engineer and Public Works Director that a
copy of the conditionally approved Tentative Map together with a copy of
Section 66436 of the State Subdivision Map Act has been transmitted to each
public entity or public utility that is an easement holder of record. The applicant
shall obtain subordination of senior rights of easement from any such public
utility in favor of the City.
137. At least one-hundred-twenty (120) days prior to the filing of the Final Map, if
any improvement which the applicant is required to construct or install is to be
constructed or installed upon land in which the applicant does not have title or
interest sufficient for such purposes, the applicant shall comply with all of the
requirements of Subdivision Map Act Section 66462.5 and any provision
amendatory or supplementary thereto. Prior to the filing of the Final Map the
applicant shall provide the City with an executed offsite property acquisition
agreement in a form acceptable to the Community Development Director, City
Attorney, and City Manager. As a part of the notification to the City required by
that section, the applicant shall provide the City a deposit in an amount
approved by the Community Development Director, sufficient to pay the
estimated costs and fees to be accrued by the City in obtaining said property.
Within fifteen (15) days of notification by the City that the deposited funds are
insufficient to complete the acquisition, the applicant shall deposit such
additional funds that the Community Development Director deems necessary.
During the time between notice of insufficiency of deposited funds and payment
of said insufficiency, the time limits of Section 66462.5 shall toll.
138. Prior to Final Map approval, the applicant shall obtain City Engineer and Public
Works Director approval of all required public improvement and grading plans.
The applicant shall enter into an agreement with the City of Moorpark to
complete grading, public improvements and subdivision monumentation and
post sufficient surety guaranteeing the construction and maintenance of grading
all public improvements, and private street and storm drain improvements;
construction and post construction NPDES Best Management Practice; and
subdivision monumentation in a form and in an amount acceptable to the City
Engineer. The plans must be prepared by a California Registered Civil
Engineer and sureties must meet the City's requirements for sureties and must
remain in place for 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.
139. Prior to Final Map approval, the applicant shall post sufficient surety in an
amount acceptable to the Community Development Director, City Engineer,
Public Works Director and in a form approved by City Attorney guaranteeing
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the payment of laborers and materialsmen in an amount no less than fifty
percent (50%) of the faithful performance surety.
140. Prior to Final Map approval and upon submittal of the Final Map Mylan sheets,
the applicant shall provide the City Engineer and Public Works Director
electronic files of the Final Map, complete in every fashion except for
signatures, in a format satisfactory to the City Engineer and Public Works
Director.
141. Upon recordation of the Final Map(s) the applicant shall forward a photographic
process copy on 3-mil polyester film of the recorded Map(s) to the City
Engineer and Public Works Director.
142. All lot-to-lot drainage easements or secondary drainage easements must be
delineated on the Final Map. Assurance in the form of an agreement must be
provided to the City that these easements will be adequately maintained by the
property owners to safely convey stormwater flows. Said agreement must be
submitted to the City Engineer and Public Works Director and City Attorney for
review and approval and must include provisions for the owners association to
maintain any private storm drain not maintained by a City Assessment District
in conformance with the NPDES. The agreement must be a durable agreement
that is binding upon each property owner of each lot and successors in interest.
143. Prior to Final Map approval, the applicant shall fully complete the "Final Map
Processing Procedures" as outlined in Moorpark Administrative Procedure
(MAP) CD-18, available from the Community Development Department.
PUBLIC AND PRIVATE STREETS AND RELATED IMPROVEMENTS
144. Prior to construction of any public improvement, the applicant shall submit to
the City Engineer and Public Works Director, for review and approval, street
improvement plans prepared by a California Registered Civil Engineer, and
enter into an agreement with the City of Moorpark to complete public
improvements, with sufficient surety posted to guarantee the complete
construction of all improvements, except as specifically noted in these Standard
Conditions or Special Conditions of Approval.
145. Prior to issuance of the first building permit, all existing and proposed utilities,
including electrical transmission lines less than 67Kv, must be under-grounded
consistent with plans approved by the City Engineer, Public Works Director and
Community Development Director. Any exceptions must be approved by the
City Council.
146. Above-ground obstructions in the right-of-way (utility cabinets, mailboxes, etc.)
must be placed within landscaped areas when landscaped areas are part of the
right-of-way improvements. When above ground obstructions are placed within
the sidewalk, a minimum of five feet (5') clear sidewalk width must be provided
around the obstruction. Above-ground obstructions may not be located within
or on multi-purpose trails.
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147. Prior to final inspection of improvements, the project Registered Civil Engineer
shall submit certified original "record drawing" plans with three (3) sets of paper
prints and the appropriate plan revision review fees to the City Engineer and
Public Works Director along with electronic files in a format satisfactory to the
City Engineer and Public Works Director. These "record drawing" plans must
incorporate all plan revisions and all construction deviations from the approved
plans and revisions thereto. The plans must be "record drawings" on 24" X 36"
Myler® sheets (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.
148. The street improvement plans must 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 protected in place
during construction, or have been located and tied with no fewer than four (4)
durable reference monuments, which will be protected in place during
construction. Copies of all monument tie sheets must be submitted to the City
on reproducible 3-mil polyester film.
149. Prior to reduction of improvement bonds, the applicant must submit
reproducible centerline tie sheets on 3-mil polyester film to the City Engineer
and Public Works Director.
150. All streets must conform to the latest City of Moorpark Engineering Policies and
Standards using Equivalent Single Axle Loads (ESAL) for a minimum thirty (30)
year term for public streets and ESAL for a twenty (20) year term on private
streets. All streets must be designed and constructed to the required structural
section in conformance with the latest City of Moorpark Engineering Policies
and Standards. The geotechnical or soil reports must address the need for
possible sub-drainage systems to prevent saturation of the pavement structural
section or underlying foundation. An additional one and one-half inch (1-1/2")
thick rubberized asphalt pavement must be added to the structural section for
public streets. This additional pavement may not be used in determining the
required structural section.
151. When required by the City Engineer and Public Works Director, the applicant
shall provide, for the purposes of traffic signal installation, two (2) four-inch (4")
P.V.C. conduits extending across all intersections, and surfacing through "J"
boxes to the satisfaction of the City Engineer and Public Works Director.
DRAINAGE AND HYDROLOGY
152. Prior to approval of a grading plan, the applicant shall submit to the City of
Moorpark for review and approval by the City Engineer and Public Works
Director, drainage plans with the depiction and examination of all on-site and
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Resolution No. 2009-2799
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off-site drainage structures and hydrologic and hydraulic calculations in a
bound and indexed report prepared by a California Registered Civil Engineer.
153. Drainage improvements must be designed so that after-development, drainage
to adjacent parcels would not be increased above pre-development drainage
quantities for any stormwater model between and including the 10 year and 100
year storms, nor will surface runoff be concentrated by this project. Acceptance
of storm drain waters by the project and discharge of storm drain waters from
the project must 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 stormwater flows must be provided to the satisfaction of
the City Engineer and Public Works Director. The applicant shall make any on-
site and downstream improvements, required by the City, to support the
proposed development.
154. The drainage plans and calculations must analyze conditions before and after
development, as well as, potential development proposed, approved, or 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 must be addressed.
155. Local residential and private streets must be designed to have at least one dry
travel lane available during a 10-year frequency storm. Collector streets must
be designed to have a minimum of one dry travel lane in each direction
available during a 10-year frequency storm.
156. All stormwater surface runoff for the development must have water quality
treatment to meet the design standards for structural or treatment control BMPs
per the latest issued Ventura County Municipal Storm Water NPDES Permit.
157. The hydraulic grade line within any catch basin may not extend higher than
nine inches (9") below the flow line grade elevation at the inlet.
158. No pressure manholes for storm drains are allowed unless specifically
approved in writing by the City Engineer and Public Works Director. If
permitted, all storm drain lines under water pressure must have rubber gasket
joints.
159. All manhole frames and covers shall have a thirty inch (30") minimum diameter.
This includes all access manholes to catch basins, as well as any other storm
drain or NPDES structure.
160. The Q50 storm occurrence must be contained within the street right-of-way.
161. The maximum velocity in any storm drain system may not exceed twenty feet
(20') per second.
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162. All detention and debris structures that fall under the definition of being a dam
must have an open air spillway structure that directs overflows to an acceptable
location to the satisfaction of the City Engineer and Public Works Director.
163. Only drainage grates of a type approved by the City Engineer and Public Works
Director may be used at locations accessible by pedestrian, bicycle or
equestrian traffic. Drainage grates shall not be allowed in sidewalks or trails.
164. To verify that the Reinforced Concrete Pipe (RCP) specified on the
improvement plan is correct, theRCPdelivered to project site must have the D-
LOAD specified on the RCP.
165. The grading plan must show distinctive lines of inundation delineating the 100-
year flood level.
166. AD flows that have gone through flow attenuation and clarification by use of
acceptable Best Management Practice Systems and are flowing within brow
ditches, ribbon gutters, storm drain channels, area drains and similar devices
are to be deposited directly into the storm drain system unless an alternative
has been approved by the City Engineer and Public Works Director. Storm
drain and related easements outside the public right-of-way are to be privately
maintained unless otherwise approved by the City Council.
167. Concrete surface drainage structures exposed to the public view must be tan
colored concrete, as approved by the Community Development Director, and to
the extent possible must incorporate natural structure and landscape to blend in
with the surrounding material.
168. Prior written approval by the City Engineer and Public Works Director is
required for curb outlets that provide for pad or lot drainage onto the street.
169. Drainage devices for the development must include all necessary
appurtenances to safely contain and convey storm flows to their final point of
discharge to the satisfaction of the City Engineer and Public Works Director.
170. 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 and Public Works Director:
a. Adequate protection from a one-hundred (100) year frequency storm;
b. Feasible access during a fifty (50) year frequency storm.
c. Elevation of all proposed structures within the one-hundred (100) year
flood zone at least one (1') foot above the one-hundred (100) year flood
level.
Hydrology calculations must be per current Ventura County Watershed
Protection Agency Standards and to the satisfaction of the City Engineer and
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Public Works Director. Development projects within a 100 year flood zone may
require a Conditional Letter of Map Revisions (CLOMR) and Letter of Map
Revision (LOMR) as determined by the City Engineer and Public Works
Director.
171. The storm drain system must be designed with easements of adequate width
for future maintenance and reconstruction of facilities, particularly facilities
deeper than eight feet (8'). In addition, all facilities must have all-weather
vehicular access.
172. All existing public storm drain systems within the development require pre-
construction and post-construction Closed Caption Television Videoing (CCTV)
including identification by existing plan and station.
173. Storm drain systems must be constructed per the most current Ventura County
Watershed Protection District Standard Design Manual, City of Moorpark
Standards and to the satisfaction of the City Engineer and Public Works
Director.
174. All storm drain easement widths and alignments must conform to the City of
Moorpark requirements and be to the satisfaction of the City Engineer and
Public Works Director. Easements must provide sufficient room for
reconstruction of the storm drain systems and provide all weather access within
the easement, to all manholes, inlets, outlets and any other structure that
requires maintenance.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
175. Prior to the start of grading or any ground disturbance, the applicant shall
identify a responsible person experienced in NPDES compliance who is
acceptable to the City Engineer and Public Works Director. The designated
NPDES person (superintendent) shall be present, on the project site Monday
through Friday and on all other days when the probability of rain is forty percent
(40%) or greater and prior to the start of and during all grading or clearing
operations until the release of grading bonds. The superintendent shall have full
authority to rent equipment and purchase materials to the extent needed to
effectuate Best Management Practices. The superintendent shall be required
to assume NPDES compliance during the construction of streets, storm
drainage systems, all utilities, buildings and final landscaping of the site.
176. Prior to the issuance of any construction/grading permit and/or the
commencement of any qualifying 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 must address the construction phase compliance to
stormwater quality management regulations for the project. The SWPCP,
improvement plans and grading plans must note that the contractor shall
comply with the California Best Management Practices Construction Handbook,
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published by the California Stormwater Quality Association. The SWPCP must
be submitted, with appropriate review deposits, for the review and approval of
the City Engineer and Public Works Director. The SWPCP must identify
potential pollutant sources that may affect the quality of discharges and design
the use and placement of Best Management Practices (BMPs) to effectively
prohibit the entry of pollutants from the construction site into the storm drain
system during construction. Erosion control BMPs, which include wind erosion,
dust control, and sediment source control BMPs for both active and inactive
(previously disturbed) construction areas are required.
177. The SWPCP must include provisions for modification of BMPs as the project
progresses and as conditions warrant. The City Engineer and Public Works
Director may require the first version and each subsequent revision of the
SWPCP to be accompanied by a detailed project schedule that specifically
identifies the type and location of construction operations for the project. The
SWPCP must be developed and implemented in accordance with the latest
issued Ventura Countywide Stormwater Quality Management Program, NPDES
Permit, Chapter 8.52 of the Moorpark Municipal Code and any other
requirements established by the City. The applicant is responsible for ensuring
that all project contractors, subcontractors, materials suppliers, tenants and
tenants' contractors comply with all BMPs in the SWPCP, until such time as a
notice of termination has been approved by the City Engineer and Public Works
Director and accepted by the Los Angeles Regional Water Quality Control
Board. The SWPCP must include schedules and procedures for onsite
maintenance of earthmoving and other heavy equipment and documentation of
proper disposal of used oil and other lubricants. Onsite maintenance of all
equipment that can be performed offsite will not be allowed.
178. Prior to the issuance of any construction/grading permit and/or the
commencement of any qualifying, 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 a Stormwater Pollution
Prevention Plan (SWPPP). The SWPPP must address post-construction
compliance with stormwater quality management regulations for the project.
The SWPPP, improvement plans and grading plans must note that the
contractor shall comply with the latest edition of the California Best
Management Practices New Development and Redevelopment Handbook,
published by the California Stormwater Quality Association. The SWPPP must
comply with the Ventura Countywide Stormwater Quality Management Program
Land Development Guidelines, Technical Guidance Manual for Stormwater
Quality Control Measures, 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 must be prepared in compliance with the form
and format established in the Ventura Countywide Stormwater Quality
Management Program, and submitted, with appropriate review deposits, for the
review and approval of the City Engineer/Public Works Director. The proposed
plan must also address all relevant NPDES requirements, maintenance
Resolution No. 2009-2799
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measures, estimated life spans of Best Management Practices facilities,
operational recommendations and recommendations for specific Best
Management Practices technology, including all related costs. The use of
permanent dense ground cover planting approved by the City Engineer/Public
Works Director and Community Development Director is required for all graded
slopes. Methods of protecting the planted slopes from damage must be
identified. Proposed management efforts during the lifetime of the project must
include best available technology. "Passive" and "natural" BMP drainage
facilities are to be provided such that surface flows are intercepted and treated
on the surface over biofilters (grassy swales), infiltration areas and other similar
solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or
similar "active" devices is not acceptable and may not be used without specific
prior approval of the City Council. The use of biological filtering, bio-
remediation, infiltration of pre-filtered stormwater 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. As deemed appropriate for each project, the SWPPP must
establish a continuing program of monitoring, operating and maintenance to:
a. Provide discharge quality monitoring.
b. Assess impacts to receiving water quality resulting from discharged
waters.
c. Identify site pollutant sources.
d. Educate management, maintenance personnel and users, to obtain user
awareness and compliance with NPDES goals.
a Measure management program effectiveness.
f. Investigate and implement improved BMP strategies.
g. Maintain, replace and upgrade BMP facilities (establish BMP facility
inspection standards and clear guidelines for maintenance and
replacement).
h. Secure the funding, in perpetuity, to achieve items "a"through "g" above.
179. Prior to the issuance of any construction/grading permit and/or the
commencement of any clearing, grading or excavation, the applicant shall
submit a Notice of Intent (NOI) to the California State Water Resources Control
Board, Stormwater Permit Unit in accordance with the latest issued NPDES
Construction General Permit: Waste Discharge Requirements for Discharges of
Stormwater Runoff Associated with Construction Activities). The applicant shall
also provide a copy of the Notice of Intent (NOI) to the City Engineer and Public
Works Director as proof of permit application. The improvement plans and
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grading plans shall contain the Waste Discharge Idenfication number for the
project.
180. Engineering and geotechnical or soils reports must be provided to prove, to the
satisfaction of the City Engineer and Public Works Director, that all "passive"
NPDES facilities meet their intended use and design. These facilities shall meet
the minimum requirements relating to water detention and clarification.
181. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal Code
and any provision amendatory and supplementary thereto.
D. Please contact the BUILDING DIVISION for compliance with the following
conditions:
182. 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:
183. Prior to issuance of a Zoning Clearance for 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).
Final Certificate of Occupancy shall not be granted until compliance with all
applicable APCD Rules & Regulations has been satisfactorily demonstrated.
(This Condition Applies to Commercial/Industrial Projects)
184. 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." (This Condition
Applies to Commercial/Industrial Projects)
F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for
compliance with the following conditions:
GENERAL
185. Prior to combustible construction, an all weather access road/driveway and the
first lift of the access road pavement must be installed. Once combustible
construction starts a minimum twenty-foot (20') clear width access
road/driveway must remain free of obstruction during any construction activities
within the development. All access roads/driveways must have a minimum
vertical clearance of thirteen feet-six inches (13'-6") and a minimum outside
turning radius of forty feet (40').
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186. Approved turnaround areas for fire apparatus must be provided when dead-end
Fire District access roads/driveways exceed 150-feet. Turnaround areas may
not exceed a five percent cross slope in any direction and must be located
within one-hundred-fifty feet(150') of the end of the access road/driveway.
187. The access road/driveway must be extended to within one-hundred-fifty feet
(150') of all portions of the exterior wall of the first story of any building and
must be in accordance with Fire District access standards. Where the access
roadway cannot be provided, approved fire protection system or systems must
be installed as required and acceptable to the Fire District.
188. When only one (1) access point is provided, the maximum length of the access
road may not exceed eight-hundred feet(800).
189. Public and private roads must be named if serving more than four (4) parcels or
as required by the Fire District. All street naming shall be in accordance with
currently adopted City Council policy.
190. Approved walkways must be provided from all building openings to the public
way or Fire District access road/driveway.
191. Structures exceeding three stories or forty-eight-feet (48') in height must meet
current VCFPD Ordinance for building requirements. Structures exceeding
seventy-five-feet (75') in height are subject to Fire District high rise building
requirements. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
192. All new structures must be provided with an automatic fire sprinkler system in
accordance with current Ventura County Fire Protection District Ordinance.
193. Commercial trash dumpsters and containers with an individual capacity of 1.5
cubic yards or greater may not be stored or placed within five feet of openings,
combustible walls, or combustible roof eave lines unless protected by approved
automatic sprinklers. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
194. Gating of private streets or parking areas must meet the requirements of
Chapter 17.32 of the Moorpark Municipal Code and any provision amendatory
and supplementary thereto and of the Ventura County Fire Protection District.
FINAL MAP
195. Prior to recordation of the Final Map(s), proposed street name(s) must be
submitted to the Community Development Director and the Fire District's
Mapping Unit for review and approval. Approved street names must be shown
on the Final Map(s). Street name signs must be installed in conjunction with the
road improvements. The type of sign must be in accordance with Plate F-4 of
the Ventura County Road Standards.
196. At least fourteen (14) days prior to recordation of any maps, including parcel
map waivers, the applicant shall submit two (2) copies of the map to the Fire
Prevention Division for approval.
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197. Within seven (7) days of the recordation of the Final Map(s) an electronic
version of the map must be provided to the Fire District.
198. Prior to Final Map or prior to the issuance of a building permit, whichever
comes first, 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
199. 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.
200. Minimum six-inch (6") high address numbers must be installed prior to
occupancy, must be contrasting color to the background, and must be readily
visible at night Brass or gold plated number may not be used. Where
structures are set back more that one-hundred-fifty feet (150') from the street,
larger numbers are 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) must be posted adjacent to the driveway entrance on an elevated
post.
201. Prior to combustible construction, fire hydrants must be installed to the
minimum standards of the City of Moorpark and the Fire District, and must be in
service.
202. Prior to occupancy of any structure, blue reflective hydrant location markers
must 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 must still be installed and replaced when the final asphalt cap is
completed.
203. Prior to the issuance of a building permit, building plans for all A, E, H, I, R-1
and R-2 Occupancies must be submitted, with payment for plan check, to the
Fire District for review and approval. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
204. Prior to issuance of a building permit the applicant must submit a phasing plan
and two (2) site plans (for the review and approval of the location of fire lanes)
to the Fire District.
205. Prior to occupancy, the fire lanes must be posted "NO PARKING FIRE LANE
TOW-AWAY" in accordance with California Vehicle Code and the Fire District.
206. 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, must be installed and in service prior to combustible construction and
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must conform to the minimum standard of the Ventura County Waterworks
Manual and the Fire District.
207. 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 must be supervised by
a fire alarm system in accordance with Fire District requirements.
208. Prior to installation of the 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 must be installed in all buildings in
accordance with California Building and Fire Code.
209. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall obtain all applicable Uniform Fire Code (UFC) permits.
210. 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."
211. 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 is subject to review and approval by the
Fire District. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
212. 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:
213. The applicant shall comply with the applicable provisions of Ventura County
Waterworks District No. 1 standard procedures for obtaining domestic water
and sewer services for applicant's projects within the District.
214. Prior to the issuance of a building permit, the applicant shall provide Ventura
County Waterworks District with:
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 fire hydrant location approvals 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.
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215. At the time water service connection is made, cross connection control devices
must 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 for compliance with the following conditions:
216. Direct storm drain connections to Ventura County Flood Control District
facilities are subject to Ventura County Watershed Protection District permit
requirements.
Please contact the POLICE DEPARTMENT for compliance with the
following condition:
217. 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 must 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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Exhibit 13
CITY OF MOORPARK
STANDARD CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMITS
The following conditions shall be required of all projects unless otherwise noted:
GENERAL REQUIREMENTS
218. Within thirty (30) calendar days of approval of this entitlement, 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
entitlement. The Affidavit of Agreement/Notice shall include a legal description
of the subject property, and have the appropriate notary acknowledgement
suitable for recordation.
219. This Conditional Use Permit expires one (1) year from the date of its approval
unless the use has been inaugurated by issuance of a building permit for
construction. The Community Development Director may, at his/her discretion,
grant up to two (2) additional one-year extensions for use inauguration of the
permit, if there have been no changes in the adjacent areas and if the applicant
cart document that he/she has diligently worked towards use inauguration
during the initial period of time. The request for extension of this permit shall be
made in writing, at least thirty (30) days prior to the expiration date of the permit
and shall be accompanied by applicable entitlement processing deposits.
220. The Conditions of Approval of this entitlement and all provisions of the City of
Moorpark Municipal Code and adopted City policies at the time of the
entitlement approval, supersede all conflicting notations, specifications,
dimensions, typical sections and the like which may be shown on said plans or
application.
221. Conditions of this entitlement may not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an
authorized governmental agency.
222. All mitigation measures required as part of an approved Mitigation Monitoring
Report and Program (MMRP) for this entitlement are hereby adopted and
included as requirements of this entitlement. Where conflict or duplication
between the MMRP and the Conditions of Approval occurs the Community
Development Director shall determine compliance so long as it does not conflict
with the California Environmental Quality Act and the more restrictive measure
or condition applies.
223. The applicant shall defend, indemnify and hold harmless the City and its
agents, officers and employees from any claim, action or proceeding against
the City or its agents, officers or employees to attack, set aside, void, or annul
any approval by the City or any of its agencies, departments, commissions,
agents, officers, or employees concerning this entitlement approval, which
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claim, action or proceeding is brought within the time period provided therefore
in Government Code Section 66499.37 or other sections of state law as
applicable. 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.
c. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
iii. The City bears its own attorney fees and costs;
iv. The City defends the claim, action or proceeding in good faith.
d. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a a building permit is issued pursuant to the permit
or the use is inaugurated.
224. If any of the conditions or limitations of this approval are held to be invalid, that
holding does not invalidate any of the remaining conditions or limitations set
forth.
225. 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 any other adopted ordinances, specific plans,
landscape guidelines, or design guidelines.
FEES
226. Entitlement Processing: Prior to the approval of any Zoning Clearance for this
entitlement, the applicant shall submit to the Community Development
Department all outstanding entitlement case processing fees, including all
applicable City legal service fees. This payment shall be made within sixty (60)
calendar days after the approval of this entitlement.
227. 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 Department the Condition Compliance review
deposit.
228. Electronic Conversion: In accordance with City policy, the applicant shall
submit to the Community Development Department, City Engineer and Public
Works Director and the Building and Safety Division the City's electronic image
conversion fee for entitlement/condition compliance documents; Final Map/
engineering improvement plans/permit documents; and building plans/permit
documents, respectively.
229. Fish and Game: Within two (2) business days after the City Council/Planning
Commission adoption of a resolution approving this project, the applicant shall
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submit to the City of Moorpark two separate checks for Negative Declaration or
Environmental Impact Report, and Administrative Fee, both made payable to
the County of Ventura, in compliance with Assembly Bill 3158 for the
management and protection of Statewide Fish and Wildlife Trust Resources.
Pursuant to Public Resources Code Section 21089, and Fish and Game Code
Section 711.4, the project is not operative, vested or final until the filing fees are
paid.
230. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the
issuance of a Zoning Clearance for building permit, the applicant shall pay to
the Community Development Department citywide Storm Drain Discharge
Maintenance Fee. The fee shall be paid in accordance with City Council
adopted Storm Drain Discharge Maintenance Fee requirements in effect at the
time of building permit application.
Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
231. Prior to issuance of a building permit, the Applicant shall provide an Irrevocable
Offer of Dedication to the City of an easement for the purpose of providing
ingress/egress access, drainage and parking to the adjacent
commercial/industrial properties. The City of Moorpark shall not assume any
responsibility for the offered property or any improvements to the property until
this action has been accepted by the City Council. If accepted by the City of
Moorpark, this easement may be fully assignable to the adjacent property
owners, as an easement appurtenant for parking, ingress/egress access
purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of
Dedication and other required pertinent documents required to satisfy the
above requirements shall be to the satisfaction of the Community Development
Director, City Engineer, Public Works Director and the City Attorney
232. Parking areas must be maintained in accordance with the requirements of the
Moorpark Municipal Code. All parking space and loading bay striping must be
maintained so that it remains clearly visible during the life of the development.
233. Prior to any re-striping of the parking area, a Zoning Clearance is required. All
disabled parking spaces and paths of travel must be re-striped and maintained
in their original approved locations unless new locations are approved by the
Community Development Director.
OPERATIONAL REQUIREMENTS
234. Loading and unloading operations are allowed only between the hours of 6:00
a.m. and 10:00 p.m. unless additional hours are approved by the City Council.
More restrictive hours for loading and unloading may be imposed by the
Community Development Director if there are noise and other issues that make
the loading and unloading incompatible with the adjacent residential uses.
There shall be no idling of trucks while loading or unloading.
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235. All uses and activities must be conducted inside the building(s) unless
otherwise authorized in writing by the Community Development Director and
consistent with applicable Zoning Code provisions.
236. 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
Permit Modification to the entitlement.
237. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
238. The continued maintenance of the subject site and facilities is 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) working days from written
notification.
239. No noxious odors may be generated from any use on the subject site.
240. The applicant and his/her successors, heirs, and assigns shall remove any
graffiti within seventy-two (72) hours from written notification by the City of
Moorpark. All such graffiti removal shall be accomplished to the satisfaction of
the Community Development Director.
241. Should continued compliance with these Conditions of Approval not be met the
Community Development Director may modify the conditions in accordance
with Municipal Code Section 17.44.100 and sections amendatory or
supplementary thereto, declare the project to be out of 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 1.12.170).
242. 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.
243. 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 must 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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244. The building manager or designee shall be required to conduct a routine on-site
waste management education program to educating and alerting employees
and/or residents to any new developments or requirements for solid waste
management. This condition must be coordinated through the City's Solid
Waste Management staff.
245. No overnight parking, repair operations or maintenance of trucks may occur on
site. The property owner shall enter into an agreement with the City to allow
the City, upon property posting of signs restricting the overnight parking, repair
or maintenance of truck, to enforce the onsite restrictions and assume the costs
of towing the violating vehicles.
246. 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 by Section 17.32.070 of the Moorpark Municipal Code
and will be considered a violation of the Conditions of Approval. Tree trimming
for the purposes of maintaining the health of trees is permitted with prior
approval of the Community Development Director and the City's designated
arborist.
247. All landscaping must be maintained in a healthy and thriving condition, free of
weeds, litter and debris.
ALCOHOLIC BEVERAGE REQUIREMENTS (for alcoholic beverage sales and
service)
31. The development must be in substantial conformance with the plans presented in
conjunction with this application, except any modifications as may be required to
meet specific Code standards or other conditions stipulated herein.
32. All necessary permits must be obtained from the Building and Safety Department
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations.
33. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
34. Entertainment is not approved as part of this Conditional Use Permit and requires
approval of a separate permit.
35. Security personnel must be provided to monitor the parking area(s) designated
for use by customers of the restaurant during any activity that may require the
need for additional security such as an outdoor concert or special sales event or
exhibit. The applicant shall work with the Police Department, Fire Department,
and Community Development Department staff to determine which activities
require additional security. The owner/manager shall be required to obtain
Temporary Use Permit approval from the City of Moorpark when a scheduled
activity could create a need for increased police presence. The only exception is
for special events held by Moorpark-based non-profit groups.
36. The applicant shall reimburse the City of Moorpark for any additional police or
other costs incurred by the City as a result of operations approved by this
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Conditional Use Permit, including fifteen (15%) percent overhead on any such
services.
37. No person under the age of eighteen (18) may serve or package alcoholic
beverages.
38. All exterior areas of the site, including parking areas under use by the facility,
must be maintained free of litter and debris at all times.
39. This Conditional Use Permit may be revoked or its use suspended by the City, if
any of the causes listed in Section 17.44.100.B of the Zoning Code are found to
apply, including if the use for which the permit was granted has not been
exercised for at least twelve (12) consecutive months, has ceased to exist, or has
been abandoned. The discontinuance for a period of one hundred eighty (180) or
more days of a nonconforming use or a change of nonconforming use to a
conforming use constitutes abandonment and termination of the nonconforming
status of the use.
40. The City of Moorpark reserves the right to modify, suspend or revoke for cause
this Conditional Use Permit consistent with Chapter 17.44 of the Moorpark
Municipal Code or as said Code may be amended or supplemented in the future.
41. Sales, service or consumption of liquor, beer, and wine allowed by this
Conditional Use Permit are permitted only between the hours of 10:00 a.m. and
Midnight.
42. This premise is not licensed by ABC to operate as a bar or a nightclub and must
maintain this premise as a restaurant. The quarterly gross sales of alcoholic
beverages may not exceed 50% of the gross sales of food during the same
period. The facility must at all times maintain records which reflect separately the
gross sale of food and the gross sales of alcoholic beverages of the business.
Said records shall be kept no less frequently than on a quarterly basis and shall
be made available to the Moorpark Police Department upon demand.
43. "Walk-in" alcohol service for non-restaurant patrons is not permitted at any time.
Alcoholic beverages may only be sold/served to patrons of the facility during
dining events. Food meal service must be available during all business hours
that alcoholic beverages are sold.
44. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons.
45. The applicant or his/her designee shall be responsible to police the exterior of the
business to assure that no liquor, beer, or wine is consumed within the parking
lot. The applicant shall not permit any loitering in the parking lot or in areas
adjacent to the facility. The rear door must remain closed during business hours.
46. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of alcoholic beverages. Interior advertising displays for alcoholic
beverages that are clearly visible to the exterior constitute a violation of this
condition.
47. The permittee must correct any safety or security problem within thirty (30) days
upon written notice of such a problem from the Moorpark Police Department.
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48. A License Agreement for encroachment into the right-of-way must be obtained
prior to the initiation of any sidewalk dining or the capture fencing must be
removed. (Required when the use is on a part of the public right-of-way)
49. Any and all employees directly involved or supervising the sale/service of
alcoholic beverages shall provide evidence and the business shall maintain
records that employees have:
a. Received training from the State of California Department of Alcoholic
Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD
program in the form of an ABC issued certificate.
b. The Owner/Manager shall confirm with the California Department of
Alcoholic Beverage Control within fifteen (15) days of hire any new
employee has been scheduled with the local (Santa Barbara ABC office)
to attend the LEAD program course. Alternatively, this course attendance
requirement may be met through a LEAD certified agency or company
approved by the State of California.
VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT RELATED
REQUIREMENTS:
50. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air
Pollution Control District (APCD) "Authority to Construct" must be obtained for all
equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final
Certificate of Occupancy will not be granted until compliance with all applicable
APCD Rules & Regulations has been satisfactorily demonstrated.
51. Facilities must 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."
VENTURA COUNTY FIRE PROTECTION DISTRICT RELATED REQUIREMENTS:
GENERAL
52. Commercial trash dumpsters and containers with an individual capacity of 1.5
cubic yards or greater may not be stored or placed within five feet of openings,
combustible walls, or combustible roof eave lines unless protected by approved
automatic sprinklers.
DEVELOPMENT REQUIREMENTS
53. 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.
54. Prior to installation of any fire protection system, including, but not limited to
sprinklers, dry chemical, hood systems, the applicant shall submit plans, along
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with the required fee for plan check, to the Fire District for review and approval.
Fire sprinkler systems with one-hundred or more heads must be supervised by a
fire alarm system in accordance with Fire District requirements.
55. Prior to installation of the fire alarm system Of 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 must be installed in all buildings in
accordance with California Building and Fire Code.
56. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall obtain all applicable Uniform Fire Code (UFC) permits.
57. 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."
58. 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 is subject to review and approval by the Fire
District.
- END -
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STATE OF CALIFORNIA
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK
I, Maureen Benson, Assistant City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Resolution No. 2009-2799 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
18th day of March, 2009, and that the same was adopted by the following vote:
AYES: Councilmembers Lowenberg, Mikos, Millhouse, Van Dam, and
Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 1st day of April, 2009.
Maureen Benson, Assistant City Clerk
(seal)
-s,
• •
90
RESOLUTION NO. PC-2011-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE
DECLARATION, APPROVAL OF GENERAL PLAN AMENDMENT
NO. 2009-01, ZONE CHANGE NO. 2009-01, INDUSTRIAL
PLANNED DEVELOPMENT NO. 2009-01, CONDITIONAL USE
PERMIT NO. 2009-01, AND DEVELOPMENT AGREEMENT NO.
2009-02 BETWEEN CITY OF MOORPARK AND LOS ANGELES
AVENUE LLC TO ALLOW A MOTION PICTURE STUDIO
COMPLEX WITH 12 SOUNDSTAGES, SUPPORT BUILDINGS,
AND SURFACE PARKING ON A 44.467 ACRE SITE LOCATED
ON THE NORTH SIDE OF LOS ANGELES AVENUE, WEST OF
GABBERT ROAD, ON THE APPLICATION OF TRILIAD
DEVELOPMENT, INC. FOR LOS ANGELES AVENUE LLC
WHEREAS, at a duly noticed public hearing on May 3, 2011, the Planning
Commission considered General Plan Amendment No. 2009-01, Zone Change No.
2009-01, Industrial Planned Development No. 2009-01, Conditional Use Permit No.
2009-01, and a Development Agreement between the City of Moorpark and Los
Angeles Avenue LLC for a motion picture studio complex with 12 soundstages, support
buildings, and surface parking on a 44.467 acre site located on the north side of Los
Angeles Avenue, west of Gabbed Road ; and
WHEREAS, at its meeting of May 3, 2011 the Planning Commission considered
the agenda report and any supplements thereto, including the Proposed Negative
Declaration prepared for this project, and written public comments; opened the public
hearing and took and considered public testimony both for and against the proposal;
and reached a decision on this matter; and
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTION: The Planning
Commission finds that with the mitigation measures identified in the Mitigated Negative
Declaration included as conditions of approval, the project will not have a significant
effect on the environment.
SECTION 2. PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.030:
PC ATTACHMENT 7
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1. 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, any applicable specific plans, zoning ordinance, and any
other applicable regulations in that the proposed project meets or exceeds the
Ordinance requirements for setbacks, parking, and landscaping, meets the conditional
use permit findings for increased height, and meets or exceeds the existing General
Plan and zoning designation requirements for the property.
2. The site design would not create negative impacts on or impair the utility
of properties, structures or uses in the surrounding area in that the project has been
designed in a manner consistent with the Moorpark General Plan and Municipal Code,
and conditions of approval have been proposed to mitigate potential negative impacts;
and
3. The proposed uses are compatible with existing and permitted uses in the
surrounding area in that the proposed building colors and architecture are designed to
be compatible with each other and the proposed buildings are located in such a manner
so as not to cause problems with the use of the adjacent properties and conditions of
approval have been added to mitigate any potential incompatibility.
SECTION 3. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
1. The proposed use is consistent with the provisions of the general plan,
zoning ordinance, and any other applicable regulations in that the zoning ordinance
allows for building heights up to 60 feet subject to a conditional use permit, the site is
not with a protected scenic area as described in the City's General Plan, and no unique
visual resources would be affected by the implementation of the project;
2. The proposed use is compatible with both existing and permitted land
uses in the surrounding area in that building heights up to 60 feet could be conditionally
permitted for any permitted development of this site, and this site has been consistently
designated for industrial and/or commercial uses since the City's incorporation in 1983
and surrounding and existing land uses have been developed or proposed with these
designations in mind;
3. The proposed use is compatible with the scale, visual character, and
design of surrounding properties in that the proposed building heights, colors, and
architecture are designed specifically for this use to blend in with each other and the
proposed buildings are located in such a manner so as not to cause conflicts with the
use of the adjacent properties. Architectural appurtenances may exceed the maximum
building height standards, provided that they do not add floor area and are evaluated on
a case-by-case basis as part of the permit and conditions of approval addressing items
such as general maintenance, landscaping, and items such as exterior vents,
equipment and ladders have been added to mitigate any potential incompatibility;
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4. The proposed use would not be obnoxious or harmful, or impair the utility
of neighboring property or uses in that conditions of approval have been proposed to
regarding architecture, parking, noise, lighting, and hours of operation; and
5. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare in that environmental mitigation measures and conditions of
approval have been put in place to mitigate any effects upon the public health, safety,
convenience, or welfare.
SECTION 4. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council the following:
A. Adoption of the Mitigated Negative Declaration prepared for the project.
B. Approval of General Plan Amendment No. 2009-01, as shown in Exhibit A, for a
change in the Land Use Designation of the Land Use Element of the General
Plan on approximately 10.75 acres of the site from General Commercial (C-2) to
Medium Industrial (1-2).
C. Approval of Zone Change No. 2009-01, as shown in Exhibit B, for a change in
the zoning on approximately 10.75 acres of the site from Commercial Planned
Development (CPD) to Medium Industrial (M-2).
D. Approval of Industrial Planned Development No. 2009-01 and Conditional Use
Permit No. 2009-01 to allow a motion picture studio complex with 12
soundstages, support buildings, and surface parking subject to the special and
standard Conditions of Approval included in Exhibit C (Standard and Special
Conditions of Approval), attached hereto and incorporated herein by reference.
SECTION 5. Filing of Resolution: The Community Development Director 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:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 3rd day of May, 2011.
Kipp Landis, Chair
David A. Bobardt, Community Development Director
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Exhibit A: General Plan Amendment Map
Exhibit B: Zone Change Map
Exhibit C: Standard and Special Conditions of Approval for Industrial Planned
Development No. 2009-01 and Conditional Use Permit No. 2009-01
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GENERAL PLAN AMENDMENT MAP
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ZONE CHANGE MAP
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EXHIBIT C
CONDITIONS OF APPROVAL FOR INDUSTRIAL PLANNED DEVELOPMENT NO.
2009-01 AND CONDITIONAL USE PERMIT NO. 2009-01
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Planned
Development Permits and Conditional Use Permits as adopted by City Council
Resolution No. 2009-2799 (Exhibits A and B), except as modified by the Development
Agreement for this project and the following Special Conditions of Approval. In the
event of conflict between a Standard and Special Condition of Approval, the Special
Condition shall apply. In the event of a conflict between the Development Agreement
for this project and any Standard or Special Condition of Approval, the terms of the
Development Agreement shall apply.
SPECIAL CONDITIONS FOR INDUSTRIAL PLANNED DEVELOPMENT NO. 2009-01
AND CONDITIONAL USE PERMIT NO. 2009-01
1. These entitlements shall not be effective until the Development Agreement
between the City of Moorpark and Los Angeles Avenue LLC for this project is
fully executed. The project shall comply with (i) the terms of the Development
Agreement, (ii) the Standard and Special Conditions of Approval for IPD No.
2009-01 and CUP No. 2009-01, and (iii) the Mitigation Monitoring and Reporting
Plan of the Mitigated Negative Declaration prepared for this project.
2. All public and private road improvements, including curb, gutter, sidewalk, and
landscaping required as part of this project must be completed prior to
occupancy of the first building unless alternative timing is provided for in the
Development Agreement. On the south side of Los Angeles Avenue west of Mira
Sol Drive where there is insufficient room for street trees within the sidewalk, vine
pockets with a City-approved irrigation system must be added along the property
line walls to the satisfaction of the City Engineer/Public Works Director and
Community Development Director.
3. The applicant shall be responsible for all costs associated with the processing of
an annexation application through the City and Ventura County LAFCo for the
additional Los Angeles Avenue right-of-way needed as part of this project.
4. Prior to issuance of any building permits, the applicant shall submit a fence and
wall plan consistent with fence and wall design on the approved plans to the
satisfaction of the Community Development Director. All fences/walls along
project boundaries as shown on the approved plans must be in place prior to
occupancy of any buildings on site, unless an alternative schedule is approved
by the Community Development Director.
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5. Prior to issuance of a Zoning Clearance for each building permit, colors and
materials shall be submitted to the Community Development Director for review
and approval. Exterior downspouts may be used on the studio buildings and
interior support buildings, subject to review and approval by the Community
Development Director, but the office buildings along the Los Angeles Avenue and
North Hills Parkway frontages must have interior downspouts.
6. Prior to the issuance of each building permit, the applicant shall provide a sample
of the glass to be used, along with the manufacturer's specifications for exterior
reflectance, for review and approval by the Community Development Director.
Glass used along the Los Angeles Avenue and North Hills Parkway street
frontages shall not exceed 8% exterior reflectance.
7. Concurrent with the lighting review to determine compliance with Chapter 17.30
of the Moorpark Municipal Code, the applicant shall provide the Community
Development Director exhibits demonstrating that all lighting fixtures are
architecturally compatible with the buildings and landscaping.
8. Prior to issuance of a Zoning Clearance for each building plan check, the final
number of parking spaces provided for each phase will be reviewed and
approved by the Community Development Director.
9. The applicant shall provide a comprehensive parking regulation plan for review
and approval of the Community Development Director prior to the issuance of
any building permits. The plans must identify locations where overnight parking
of trucks, trailers, and other vehicles associated with the studio use will be
located. All parking spaces must be available exclusively for the studio project
and not for any other use. The applicant shall post the parking lots with signage
to the satisfaction of the Community Development Director in compliance with the
Moorpark Municipal Code and California Vehicle Code indicating that
unauthorized vehicles will be towed away. Any use by the applicant of parking
spaces for something other than the parking of vehicles for the studio project is
subject to a separate permit. As part of the plan, a covenant and agreement
shall be provided for recordation tying the property containing the parking area
west of North Hills Parkway to the rest of the project property for as long as the
parking is needed to the satisfaction of the Community Development Director and
City Attorney.
10. Prior to operation of the parking lot shuttle, the applicant must obtain an
encroachment permit or license agreement for any crossing of a public right-of-
way and provide a shuttle operation plan to the satisfaction of the City
Engineer/Public Works Director.
Fire Department Conditions
11. All production studio sound stages, approved production facilities and production
locations shall meet the requirements of Chapter 48 of the 2010 California Fire
Code and NFPA 140 of the National Fire Protection Association Standards.
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12. In accordance with the Fire Code and the Ventura County Fire Department
requirements, extended use operational permits shall be obtained prior to
ongoing hazardous activities. These permits shall only be valid for onsite use
and will expire 1 year from the date of issue. Examples of required extended use
operational permits are listed below:
a. Storage, handling and use of compressed and flammable gases
b. Storage, handling and use of compressed and flammable liquids
c. Storage, handling and use of explosives and blasting agents
d. Storage, handling and use of hazardous materials
e. High piled combustible storage, typically 12ft high or more
f Hot work, culling, welding and grinding
g. Spraying or dipping
13. In accordance with the Fire Code and the Ventura County Fire Department
requirements, single use operational permits shall be obtained form this
department prior to each individual hazardous activities. Examples of required
single use operational permits are listed below:
a. Use of pyrotechnic special effects
b. Open flames
c. Tents- temporary membrane structures
d. Presence of motor vehicles for filming or exhibition purposes within a
building
e. Change in use or occupancy— anytime a change in use or occupancy is
intended by the owner (e.g., for live audience shows, wrap parties, etc.)
f. Seating arrangements of all live audience stages
g. Cast and crew on a set will exceed 99 persons
h. If a set is of significant size and will be used for an extended time period.
Six or more weeks.
14. Some single use operational permits due to size, scope and the compounded
hazards associated with the activity proposed may be denied or required to have
a standby fire safety officer(s). The Fire Marshal may place conditions on such
permits on a case-by-case basis. The cost of this position shall be funded by the
studio or production company.
15. Ventura County Fire Department, Fire Prevention Staff shall only be designated
to serve as a standby fire safety officer for live audience shows. The cost of this
position shall be funded by the studio or production company.
16. Welding and other hot work shall comply with Article 26 of the 2010 California
Fire Code. A fire watch shall be required for all hot work activities.
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17. A designated on-site Fire Department Fire Inspector may be required at this
facility in the future. The hours and duration of the position will be dependent
upon the volume and type of filming activity. This position could be filled as a part
or full time position and may be fixed term or permanent. The cost of this
position shall be funded by the studio. Funding for this position may allow for a
waiver of some or all of the fees required for permits in condition #2 and #3.
18. In conjunction with the Fire Department, studio management shall develop a fire
safety guidebook for production companies considering filming at the studio. The
guide shall provide information regarding general fire safety practices and the
permit requirements and process. Prior to the commencement of filming a
meeting shall be held with the production company to review the guidebook and
ensure they are aware of Fire Department and studio safety requirements
regarding filming.
19. Drive aisles that are part of required emergency access shall be maintained clear
of vehicle parking and equipment storage. Such drive aisles shall be clearly
marked in accordance with Fire Department specifications.
20. Approved storage containers shall be provided for pyrotechnic special effects.
21. Decorative materials (drapes, drops, cut greens, etc.) shall meet the flame-
retardant requirements of Title 19 California Code of Regulations, Chapter 5, and
Chapter 8, Sections 807.4.2.4 and 807.4.5.
22. The cost of any fire and life safety equipment used exclusively for production
activities on site shall be the responsibility of the studio (heat guns, etc.)
23. A safety plan shall be developed for the facility that will aid Fire Department
personnel responding to an emergency at the site. It shall include a site map
identifying the buildings and areas of the studio, procedures for different types of
emergencies (fire, medical, natural disaster, etc.) and communications.
24. The following building features shall be provided on all sound stages:
a. All exit doors shall be provided with panic hardware and swing in the
direction of travel
b. A kill switch for shutting off electrical power to the building shall be
provided in an easily accessible, conspicuous location. It shall be
maintained secure with a Knox locking device of some type.
c. Because of the unique building features that do not allow for roof
ventilation, a smoke evacuation system shall be required. This system
shall be on its own electrical circuit to ensure continued operation when
power has been shut off to the rest of the building.
- END -
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ITEM 10.A.
MINUTES OF THE PLANNING COMMISSION
Moorpark, California March 22, 2011
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
March 22, 2011, in the Council Chambers of said City located at 799 Moorpark Avenue,
Moorpark, California.
1. CALL TO ORDER:
Chair Landis called the meeting to order at 7:06 p.m.
2. PLEDGE OF ALLEGIANCE:
Joyce Figueroa, Administrative Assistant, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Planning Commissioners Gould, Groff, Hamous, Vice Chair
Di Cecco, and Chair Landis.
Staff Present: David Bobardt, Planning Director; Joseph Fiss, Principal
Planner; and Joyce Figueroa, Administrative Assistant.
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
None.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
A. Future Agenda Items
i. CUP 2003-05 National Ready Mixed (Continued from August 25,
2009 to a date uncertain)
ii. CUP 2010-03 Wireless Facility
IPD 2009-01 Moorpark West Studios
iv. Housing Element Update
v. ZOA 2010-03 Emergency Shelters, etc.
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Minutes of the Planning Commission
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Mr. Bobardt announced the joint City Council and Planning Commission meeting
will be on Tuesday, March 29, 2011, and briefly discussed announcements and
future agenda items.
Chair Hamous announced that he, along with Commissioner Gould, and Chair
Landis had attended the 2011 Planners Institute and Mini Expo in Pasadena on
March 9— 11, 2011, and thanked the City for allowing them to attend.
8. PUBLIC HEARINGS: (next Resolution No. PC-2010-561)
A. Conditional Use Permit No. 2010-04, a Request to allow the Continued
Operation of a Two-Stow 5,022 Square-Foot Sanctuary and Office for
Lighthouse Church, at 4823 Mira Sol Drive, and Construction of a Two-
Story 5,417 Square-Foot Preschool on the Adjacent Lot, at 4825 Mira Sol
Drive, on the Application of Randy Sugarman. Staff Recommendation:
Close the open public hearing on Conditional Use Permit No. 2010-04
noting for the record that the application was withdrawn by the applicant.
(Staff: Joseph Vacca)
David Bobardt stated that the application was withdrawn by the applicant.
Chair Landis closed the public hearing.
B. Consider Resolution Approving Conditional Use Permit (CUP) No. 2011-
01, to Allow a Document Destruction Service at 6100 Condor Drive, on the
Application of John Kamus, AIA for Cintas Corporation. Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; 2) Adopt Resolution No. PC-2011-561
Approving Conditional Use Permit 2011-01. (Staff: Joseph Fiss)
Mr. Fiss gave the staff report.
A discussion followed among Commissioners and staff regarding: 1) a
similar type of facility near the project site that functions as an on-site
document storage and handling facility; 2) the purpose of reviewing this
proposal is because our zoning regulations don't specifically identify this
use in the zoning ordinance; 3) the Community Development Director has
determined that its closest category would be a recycling business which
requires a Conditional Use Permit; and 4) the landscaping in a screening
plan would be in place prior to the certificate of the occupancy and it would
be reviewed by the Community Development Director.
In response to Chair Landis, Mr. Bobardt stated there were no speaker
cards.
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At the request of Chair Landis, Mr. Kamus, AIA for Cintas Corporation,
applicant, stepped forward to the lectern and responded to questions from
the Commission regarding: 1) the loading and unloading process by the
trucks and containment of the paper products; 2) the baling machine
compactor process, storage, no ingress/egress of chemicals, and that the
noise from the bailing machine would not be obnoxious to the adjacent
neighbors; 3) whether Cintas has had discussions with the Fire
Department regarding the flammable paper in one concentrated area; 4)
Clarification that Cintas does not take bales off-site. A separate recycling
company picks ups and removes the bales within normal operating hours;
5) how many employees does it take to run the baling machine; 6) parking
of trucks at night; and 7) maximum amount of time that the bales will be
stored and maximum number of bales that would be stored before moving
them off-site.
Chair Landis closed the Public Hearing.
The Commission agreed that they support this project as it is proposed by
the applicant.
MOTION: Vice Chair Di Cecco moved and Commissioner Gould seconded a
motion to approve staff recommendation, including adoption of Resolution No.
PC 2011-561. The motion carried by unanimous voice vote.
The Planning Commission has final approval authority for this project.
C. Consider Resolution Recommending Approval of Residential Planned
Development (RPD) No. 2010-02, for 99 Single-Family and Duplex Homes
within an Approved Subdivision (Canterbury Lane, Vesting Tentative Tract
Map No. 5425), on the South Side of Los Angeles Avenue, East and
South of Fremont Street, on the Application of Shea Homes LP. Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; 2) Adopt Resolution No. PC-2011-562
recommending to the City Council conditional approval of Residential
Planned Development Permit No. 2010-02. (Staff: Joseph Fiss)
Vice Chair Di Cecco recused himself to avoid a potential conflict of interest
and stepped down from the dais. The time was 7:22 p.m.
Mr. Fiss gave the staff report.
The following issues were discussed by the Commission and staff: 1) Is a
variance needed for side yard clearance since it does not conform to the
Municipal Code; 2) are there plans to put curbs and gutters on Fremont
Street; 3) street parking; 4) raising elevation two feet to remove the
Fremont Street homes out of the flood zone; 5) internal access for
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emergency vehicles; 6) did the Fire and Police departments review or
provide any comments on this project; 7) will the applicant have to get
permission from the homeowners regarding the possibility of opening B,
C, and E Streets for future development; and 8) ingress on A Street for
eastbound traffic right-in and right-out.
Chair Landis opened the Public Hearing.
John Callaghan, Project Manager, Shea Homes LP, applicant, discussed
the project and replied to the Commission regarding: 1) the height the
homes need to be raised to remove them from the flood plan; 2) that 2.78
acres have to be dedicated to Ventura County Flood Control; 3) bike lanes
and paths and access from subdivision to bike lanes; and 4) of the 99
units how are the low moderate-income homes going to be dispersed and
how will these homes be separated from existing neighbors.
Mayta Welbat, Peach Hill resident, residing adjacent to the site behind
Phase 2, owns an acre of land behind the arroyo, and asked what is going
in behind the arroyo, such as a wall.
Dominic Schmidt, Fremont resident, spoke in opposition of the proposal,
and expressed concerns regarding: 1) how will the north south property
line work out behind the homes and how much setback will they have; 2)
will two-story homes be built; 3) what type of wall and how high will the
finish grade be raised; 4) need for drainage on Fremont Street; 5) how
many homes will use Fremont Street as a main access; 6) cannot open
Fremont Street up to traffic until a cul-de-sac wall is done simultaneously;
7) overlay and slurry coat upgrades; 8) residence or permit parking only;
9) signage at Recreation Center regarding time of operation; and 10) what
will be done with overhead underground utility lines behind the back of the
Fremont home properties.
The following issues were discussed by the Commission and staff: 1)
sound wall providing public safety accessibility; 2) will flooding be
increased by raising the homes on Fremont Street; and 3) are there any
contingency plans that Shea has done to improve the water run off.
Mr. Callaghan returned to the podium and discussed: 1) the design of
Fremont Street slurry coat and rolled curves; 2) implementing drainage
that will be taking more water off the street than it currently is; 3) lowering
the street to help get grade for better drainage; and 4) on-site retention.
Scott Uhles, Engineer, RBF discussed: 1) the project and stated they will
divert water off Los Angeles Avenue through the site to a detention system
and to the Arroyo; and 2) building up of curb gutter.
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A discussion followed among Commissioners and staff regarding: 1)
option E; 2) two-story dwellings; 3) clarification of the planned residence-
development that was approved on the tract map five years ago and
background of RPD vs Tract Map; 4) distance from Fremont Street to
garage, and 5) front elevation of homes on Fremont and side windows
In reply to Chair Landis, Mr. Bobardt stated there were no further speaker
cards.
Chair Landis closed the Public Hearing.
A discussion followed among Commissioners who recommended that the
applicant work with staff to address: 1) landscaping to minimize the impact
of the cluster effect of two-story homes; 2) bicycle accessibility to Arroyo;
3) applicant work with the neighbors to address privacy concerns from the
two-story windows; 4) work with Moorpark Police Department to address
security issues related to the sound wall; 5) timing the opening of Fremont
Street with the addition of the cul-de-sac; 6) no interruptions in terms of
utilities and no loss of services; and 7) signage regarding 'no parking' on
Fremont Street.
MOTION: Chair Landis moved and Commissioner Hamous seconded a motion to
approve staff recommendation, with changes as proposed by the Commission,
including adoption of Resolution No. PC 2011-562. The motion carried by voice
vote 4-0, Vice Chair Di Cecco absent.
The City Council has final approval authority for this project.
Vice Chair Di Cecco returned to the dais at 8:30 p.m.
9. DISCUSSION ITEMS:
None.
10. CONSENT CALENDAR:
MOTION: Commissioner Hamous moved and Vice Chair Di Cecco seconded a
motion to approve the Consent Calendar. The motion carried by unanimous
voice vote.
A. Consider Approval of the Regular Meeting Minutes of January 25, 2011.
Staff Recommendation: Approve the minutes.
Approved Staff Recommendation
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11. ADJOURNMENT: 8:31 P.M.
MOTION: Vice Chair Landis moved and Commissioner Groff seconded a motion
to adjourn. The motion carried by unanimous voice vote. The time was 8:31
P.M.
Kipp Landis, Chair
David A. Bobardt, Community Development Director
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ITEM 10.B.
MINUTES OF THE JOINT MEETING OF THE
CITY COUNCIL AND PLANNING COMMISSION
Moorpark, California March 29, 2011
A Special Joint Meeting of the Moorpark City Council and Planning Commission was
held on March 29, 2011, at 7:45 p.m. at the Moorpark Community Center located at 799
Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Parvin called the City Council to order at 8:13 p.m.
Chair Landis called the Planning Commission to order at 8:13 p.m.
2. THE PLEDGE OF ALLEGIANCE:
Captain Ron Nelson, Sheriffs Department, led the Pledge of Allegiance.
3. ROLL CALL:
City Council: Councilmembers Mikos, Pollock, Van Dam,
and Mayor Parvin.
Absent: Councilmember Millhouse.
Planning Commissioners: Commissioners DiCecco, Gould, Groff,
Hamous and Chair Landis.
Staff Present: Steven Kueny, City Manager; David Bobardt,
Community Development Director; David
Klotzle, Interim City Engineer/Public Works
Director; and Maureen Benson, City Clerk.
4. PUBLIC COMMENT:
None.
5. PRESENTATION/ACTION/DISCUSSION:
A. Consider Status Report on Mission Statement, Priorities. Goals and
Obiectives for Fiscal Year 2010/2011 and Direction for Fiscal Year
2011/2012. Staff Recommendation: Direct staff as deemed appropriate.
Mr. Bobardt gave a brief report.
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Minutes of the City Council and
Planning Commission
Moorpark, California Page 2 March 29, 2011
The Council and Commission discussed the status of: 1) The
Redevelopment Agency in regard to the State's proposal to abolish the
agency; 2) Incorporating bike paths with access to the Arroyo Simi in the
update to the Bicycle Plan and the Open Space, Conservation, and
Recreation Element (OSCAR) of the General Plan; 3) The Commercial
Plan and Commercial Façade Improvement Program, moving forward with
the Disposition and Development Agreement (DDA) with Aszkenazy
Development Inc for High Street, if Redevelopment Agency funding
remains in place; 4) Promoting the sustainability concepts to incorporate
into Land Use Element; 5) Water conservation efforts; 6) Energy
conservation programs at City Hall; 7) Transportation Systems funds with
matching grant money to develop programs for second access to the
Metrolink station; 8) Recycling efforts involving all departments; 9)
Widening of Los Angeles Avenue continuing to depend on right-of-way
acquisitions; 10) Commercial development on High Street with new
emphasis on sustainability; 11) Extension of North Hills Parkway; 12)
Raised median on Princeton Avenue; 13) Water Protection District
improvements to the Arroyo Simi near the Virginia Colony; 14) Safe
walking routes throughout the community; 15) Promoting business in
Moorpark; and 16) Reevaluate Potential Objective No. 50. to increase
landscaping and reduce asphalt to be maintained in regard to increased
demand for water conservation.
6. ADJOURNMENT:
Mayor Parvin adjourned the City Council and Chair Landis adjourned the
Planning Commission at 8:56 p.m.
Janice S. Parvin, Mayor
Kipp Landis, Chair
ATTEST:
Maureen Benson, City Clerk
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