HomeMy WebLinkAboutAGENDA REPORT 2014 0507 CCSA REG ITEM 10KITEM 10.K.
TO: Honorable City Council
FROM: David A. Bobardt, Community Development°Director
gD
Prepared by Joseph Fiss, Principal Planner
DATE: April 17, 2014 (CC Meeting of 5/7/2014)
SUBJECT: Consider Permit Adjustment No. 1 to Commercial Planned
Development (CPD) 2001-01 (Moorpark Marketplace) to Allow the
Removal of an Architectural Feature (Arched Screen Wall) at the
Food Court and Replacement of Fountain Tile at the Southeast
Corner of the Site Located at 888 Los Angeles Avenue on the
Application of Steve Welch for Moorpark Marketplace LLC
On April 3, 2014 Steve Welch for Moorpark Marketplace LLC, applied for Permit
Adjustment No. 1 to Commercial Planned Development (CPD) 2001-01 to allow the
removal of an architectural feature (arched screen wall) and the replacement of fountain
the at the food court at the southeast corner of the site located at 888 Los Angeles
Avenue. The arched screen wall is constructed over the fountain and sculpture which
were approved as the project's Public Art contribution. However, the arched screen wall
is not part of the Public Art as discussed below.
DISCUSSION
In 2003, the Zoning Code was amended to simplify the review process. "Minor
Modifications" and "Major Modifications" were combined into a single "Modification"
process. At that time, the Permit Adjustment process was also revised to apply to any
change which would not alter any of the project findings and would not have any
adverse impact on surrounding properties.
The Community Development Director has determined that the proposed changes
would not alter any of the project findings and would qualify for a Permit Adjustment.
However, even though a Permit Adjustment is normally considered by the Community
Development Director, this one involves a change that is not considered "Major", but
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Honorable City Council
May 7, 2014
Page 2
involves more than a change to just "painting and surfaces". Therefore, direction is
sought by the City Council on this Permit Adjustment application.
On March 20, 2002, the City Council adopted Resolution No. 2002-1952 (Attachment
No. 1), approving Commercial Planned Development No. 2001-01 and Vesting
Tentative Map No. 5321 to allow construction of the Moorpark Marketplace shopping
center. Three subsequent Minor Modifications were approved for site plan and building
elevations for two drive-through restaurants, and to allow a pylon sign.
Condition of Approval 36 states "On-site Art in Public Places: Prior to Zoning Clearance
for the first building permit, the Developer shall submit a proposal for onsite art as
satisfaction of the total commercial center Art in Public Places Fee. The onsite art
proposal shall be reviewed by the Public Art Advisory Committee, approved by the City
Council and installed prior to the first building occupancy. This artwork in is lieu of
paying the Art in Public Places fee of $.10 per each square foot of building area. The
artwork must have a value corresponding to or exceeding the fee as determined by the
Community Development Director.
On November 6, 2002, the City Council concurred with the Art in Public Places
Committee and approved the existing fountain and sculpture incorporated under the
arched walls of the food court. The agenda report for this item is included as Attachment
No. 2. Although the Committee discussed not having signs on the arched walls, signs
were approved by the City Council in this location through consideration of a Master
Sign Program. The removal of the arched walls eliminates these signs as well and
would allow for conventional sign installation, consistent with the approved Master Sign
Program.
The applicant is proposing to remove the arched walls, but not the Public Art. The
removal of the arched walls would expose the architecture of the food court and allow
for increased visibility of the businesses at this location. The architecture of the food
court is of high quality and there are no negative impacts of removing the arched walls.
An attractive tower feature, "Juliet" balconies, and cornices would be more visible, as
would the doors and windows of the shops, creating a more inviting courtyard.
The applicant is also proposing to replace the tile within, and on the face, of the fountain
because the existing tile has not aged well. The existing blue the on the face of and
inside of the fountain is proposed to be replaced with a tan -colored the to better
complement the overall design with the removal of the arches. The applicant will also
be repairing the fountain.
NOTICING
Permit Adjustments do not require public notice.
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Honorable City Council
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FISCAL IMPACT
None.
STAFF RECOMMENDATION
Direct the Community Development Director to issue a letter approving Permit
Adjustment No. 1 to CPD 2001-01, subject to conditions of approval.
ATTACHMENTS:
1. Resolution No. 2002-1952
2. 11 /6/02 Agenda Report
3. Draft CDD Approval Letter
4. Project Exhibits
A. Site Plan
B. Elevations
\\DC1\Department Share\Community Development\DEV PMTS\P ATA 1 to CPD 2001-01 Moorpark Marketplace Fountain\CC Agenda Report 140507. docx 263
RESOLUTION NO. 2002-1952
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO.
2001-01 AND VESTING TENTATIVE TRACT MAP NO.
5321 FOR A SITE LOCATED SOUTH OF NEW LOS
ANGELES AVENUE AND EAST of MILLER PARKWAY
(ASSESSOR PARCEL NOS. 512-0-260-015, 085 AND
105), ON THE APPLICATION OF ZELMAN RETAIL
PARTNERS, INC., AND DIRECTING THE PLANNING
COMMISSION TO STUDY MODIFICATIONS TO CHAPTER
17.30, LIGHTING REGULATIONS, OF TITLE 17 OF
THE MUNICIPAL CODE AND/OR ORDINANCE NO. 195
RELATED TO REVISIONS TO LIGHTING STANDARDS
WHEREAS, at a duly noticed public hearing on February 27,
March 6, and March 20, 2002, the City Council considered
Commercial Planned Development Permit (CPD) No. 2001-01 and
Vesting Tentative Tract Map No. 5321 on the application of Zelman
Retail Partners, Inc. for a 357,671 square foot commercial center
and subdivision of approximately twenty nine (29) net acres into
eight lots for a project site located south of New Los Angeles
Avenue and east of Miller Parkway (Assessor Parcel Nos. 512-0-
260-015, 085 and 105); and
WHEREAS, at its meetings on February 27, March 6, and March
20, 2002, the City Council conducted a public hearing, received
public testimony, and closed the public hearing on March 20,
2002.
WHEREAS, the City Council after review and consideration of
the Planning Commission recommendation in Resolution No. PC -2002-
420 and the information contained in the staff reports and public
testimony has reached a decision on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The environmental effects discussed in the
Subsequent EIR prepared for the Amended Carlsberg Specific Plan
and the environmental effects of CPD No. 2001-01 and Vesting
Tentative Tract Map No. 5321 are sufficiently similar to warrant
the reuse of the EIR prepared for the Amended Carlsberg Specific
Plan as permitted by Section 15181 of the California
Environmental Quality Act.
SECTION 2. The City Council hereby adopts the following
findings:
CC ATTACHMENT 1 264
Resolution No. 2002-1952
Commercial Planned Development Permit No. 2001-01
Vesting Tentative Tract Map No. 5321
Zelman Retail Partners, Inc.
Page 2
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS:
1. The environmental effects discussed in the Subsequent EIR
prepared for the Amended Carlsberg Specific Plan and the
environmental effects of CPD No. 2001-01 and Vesting
Tentative Tract Map No. 5321 are sufficiently similar to
warrant the reuse of the EIR prepared for the Amended
Carlsberg Specific Plan as permitted by Section 15181 of the
California Environmental Quality Act.
2. In order to reduce the adverse impacts of the project,
applicable mitigation measures discussed in the
Environmental Impact Report for the Carlsberg Specific Plan
as well as the Settlement Agreement have been incorporated
into the proposed project's conditions of approval.
COMMERCIAL PLANNED DEVELOPMENT FINDINGS:
Based upon the information set forth above, it has been
determined that this application with the attached conditions of
approval meets the requirements of the City of Moorpark,
Municipal Code Section 17.44.030 in that:
1. The proposed use is consistent with the intent and
provisions of the Amended Carlsberg Specific Plan, City's
General Plan, and Title 17 of the Municipal Code.
2. The proposed use is compatible with the character of the
surrounding development.
3. The proposed use will not be obnoxious or harmful or impair
the utility of the neighboring properties or uses.
4. The proposed use will not be detrimental to the public
interest, health, safety, convenience, or welfare.
5. The proposed use is compatible with the scale, visual
character and design of the surrounding properties, designed
so as to enhance the physical and visual quality of the
community, and the structure has design features which
provide visual relief and separation between land uses of
conflicting character.
SUBDIVISION MAP ACT FINDINGS
Based on the information set forth above, it is determined that
the Vesting Tentative Tract Map, with imposition of the attached
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conditions, meets the requirements of California Government Code
Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that:
1. The proposed map is consistent with the applicable Amended
Carlsberg Specific Plan and the City's General Plan.
2. That the design and improvements of the proposed subdivision
are consistent with the applicable General and Specific
Plans.
3. The site is physically suitable for the type of development
proposed.
4. The site is physically suitable for the proposed density of
development.
5. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage.
6. The design of the subdivision and the type of improvements
are not likely to cause serious public health problems.
7. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within the
proposed subdivision.
8. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements
under Water Code Section 13000 et seq.
9. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake,
or reservoir.
SECTION 3. The City Council does hereby find that the
aforementioned Commercial Planned Development and Vesting
Tentative Tract Map are consistent with the City's General Plan.
SECTION 4. The City Council approves Commercial Planned
Development Permit No. 2001-01 and Vesting Tentative Tract Map
No. 5321 subject to the conditions of approval in Exhibit A
(Conditions of Approval), attached hereto and incorporated herein
by reference.
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Page 4
SECTION 5. The City Council directs the Planning Commission
to study modifications to Chapter 17.30, Lighting Regulations, of
Title 17 of the Municipal Code and/or Ordinance No. 195 related
to lighting standards, for consideration of revisions including
but not limited to increased lighting pole height, sag lens, and
onsite maximum footcandle ratio.
SECTION 6. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be
filed in the book of original resolutions.
PASSED AND ADOPTED this
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A: Conditions of Approval
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EXHIBIT A
CONDITIONS OF APPROVAL
FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2001-01
A. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS:
General Requirements:
1. Permitted Uses: This permit is granted for the land and
project as identified on the entitlement application form
and as shown on the approved site plan and elevations. The
location of all site improvements shall be as shown on the
approved site plan and elevations except or unless otherwise
indicated herein in the following conditions. All proposed
uses of these buildings shall be required to receive a
Zoning Clearance for tenant occupancy from the Department of
Community Development. The Department may determine that
certain uses will require other types of entitlements or
environmental assessment based on Municipal Code
requirements.
2. Prohibited Alcohol Sales for Consumption On-site: On-site
sale of alcoholic beverages without prior City approval is
prohibited. (An Administrative Permit or Conditional Use
Permit is required based on the type of alcohol sales).
3. Other Regulations: This development is subject to all
applicable regulations of the City's Municipal Code,
including Title 17, Zoning, and the Carlsberg Specific Plan
adopted land use regulations (including the Settlement
Agreement and Mutual Release dated 11/12/96), and all
requirements and enactment's of Federal, State, Ventura
County, City authorities, and any other governmental
entities, and all such requirements and enactment's shall,
by reference, become conditions of this permit.
4. Discontinuance of Use: This Commercial Planned Development
Permit shall expire if the entire shopping center use is
discontinued or abandoned for a period of 180 consecutive
days.
5. All final construction working drawings, grading and
drainage plans, site plans, building colors and materials,
sign programs, and landscaping and irrigation plans (three
full sets) shall be submitted to the Community Development
Director for review and approval.
6. Use Inauguration: Unless the commercial center project is
inaugurated (building foundation slab in place and
substantial work in progress on one or more of the approved
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buildings) not later than two (2) years after this permit
is granted this permit shall automatically expire on that
date. The Community Development Director may, at his/her
discretion, grant one (1) additional one- (1) year extension
for project inauguration if there have been no changes in
the adjacent areas, and if Applicant can document that
he/she has diligently worked towards inauguration of the
project during the initial two- (2) year period. The request
for extension of this entitlement must be made in writing,
at least thirty (30) days prior to the expiration date of
the permit_
7. Other Regulations: No conditions of this entitlement shall
be interpreted as permitting or requiring any violation of
law or any unlawful rules or regulations or orders of an
authorized governmental agency, including the Settlement
Agreement and Mutual Release dated 11/12/96). In instances
where more than one set of rules apply, the stricter ones
shall take precedence, except any rules that would violate
the Settlement Agreement and Mutual Release.
8. Severability: If any of the conditions or limitations of
this permit are held to be invalid, that holding shall not
invalidate the remaining conditions or limitations set
forth.
9. Permittee Defense Costs: The permittee agrees as a condition
of issuance and use of this permit to defend, at his/her
sole expense, any action brought against the City because of
issuance (or renewal) of this permit. Permittee will
reimburse the City for any court costs and/or attorney's
fees which the City may be required by the court to pay as a
result of any such action or in the alternative to
relinquish this permit. The City may, at its sole
discretion, participate in the defense of any such action,
but such participation shall not relieve permittee of
his/her obligation under this condition.
10. Zoning Clearance Prior to Building Permit: Prior to issuance
of each building permit for construction, a Zoning Clearance
shall be obtained from the Department of Community
Development. If a Developer desires, construction plans may
be submitted to the Building and Safety Department prior to
approval of Zoning Clearance with a City approved Hold
Harmless Agreement.
11. Zoning Clearance Required for Occupancy: Prior to initial
occupancy or any subsequent change of tenant occupancy, the
owner of the subject building, or the owners representative
shall apply for a Zoning Clearance from the Community
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Development Department. The purpose of the Zoning Clearance
shall be to determine if the proposed use(s) is/are
compatible with the zoning and terms and conditions of the
planned development permit.
12. Certificate of Occupancy Requirement: No use for which this
permit is granted shall be commenced until a Certificate of
Occupancy has been issued by the Building and Safety
Department. In addition, no Certificate of Occupancy may be
issued until all on-site improvements specified in this
permit have been substantially completed. For any required
improvements not fully completed, the Developer shall
provide adequate surety to guarantee completion of these
improvements in a form and amount approved by the City. At
the discretion of the Community Development Director, said
on-site improvements shall be completed within 120 days of
issuance of the Certificate of Occupancy. In case of failure
to comply with any term or provision of this agreement, the
City Council may by resolution declare the surety forfeited.
Upon completion of the required improvements to the
satisfaction of the Community Development Director, the
surety may be exonerated.
13. Loading and Unloading Operations: Loading and unloading
operations shall not be conducted between the hours of 10:00
p.m. and 6:00 a.m. unless approved by the City Council.
14. Tenant Occupancy: Prior to the occupancy, applicable
proposed uses shall be reviewed and approved by the Ventura
County Environmental Health Division to ensure that the
proposal will comply with all applicable State and local
regulations related to storage, handling, and disposal of
potentially hazardous materials, and that any required
permits have been obtained. If required by the County
Environmental Health Division, the Developer shall prepare a
hazardous waste minimization plan.
15. Change of Ownership Notice: No later than ten (10) business
days after any change of property ownership or change of
lessee(s) or operator(s) of any of the subject commercial
buildings, there shall be filed with the Community
Development Director the name(s) and addresses) of the new
owner(s), lessee(s) or operator(s). Any change in property
ownership requires the additional filing of a letter from
any such person(s) acknowledging and agreeing with all
conditions of this permit within the ten -(10) business day
period.
16. Other Uses: If in the future, any use or uses are
contemplated on the site differing from that specified in
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the Zoning Clearance approved for each tenant occupancy,
either the permittee, owner, or each prospective tenant
shall file a project description prior to the initiation of
the use. A review by the Community Development Director will
be conducted to determine if the proposed use is compatible
with the Specific Plan and the terms and conditions of this
permit, and if a Modification to the Planned Development
Permit is required. A new Zoning Clearance shall be
required. All applicable fees and procedures shall apply for
said review.
17. Archaeological or Historical Finds: If any archeological or
historical finds are uncovered during excavation operations,
all grading or excavation shall cease in the immediate area,
and the find left untouched. The permittee shall assure the
preservation of the site; shall obtain the services of a
qualified paleontologist or archaeologist, whichever is
appropriate to recommend disposition of the site; and shall
obtain the Community Development Director's written
concurrence of the recommended disposition before resuming
development. The Developer shall be liable for the costs
associated with the professional investigation and
disposition of the site.
18. Repair or Maintenance of Vehicles: No repair operations or
maintenance of trucks or any other vehicle shall occur on
site.
19. Utility Room: A utility room with common access to house all
meters and the roof access ladder shall be provided. No
exterior access ladder of any kind shall be permitted.
20. Utility lines: All proposed utility- lines within and
immediately adjacent to the project site as determined by
the Community Development Director, shall be placed
underground to the nearest off-site utility pole. All
existing utilities shall also be undergrounded to the
nearest off-site utility pole with the exception of 66 KVA
or larger power lines. This requirement for undergrounding
includes all above -ground power poles and other utilities on
the project site as well as those along the street frontage
adjacent to the project site. The Developer shall indicate
in writing how this condition will be satisfied. Any above
grade utility fixtures shall be placed adjacent to or within
landscaped areas and screened on three sides.
21. Acceptance of Conditions: The permittee's acceptance of this
permit and/or commencement of construction and/or operations
under this permit shall be deemed to be acceptance of all
conditions of this permit.
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22. Utilities Assessment District: The Applicant agrees not to
protest the formation of an underground Utility Assessment
District.
23. Continued Maintenance: The continued maintenance of the
permit area and facilities shall be subject to periodic
inspection by the City. The Developer shall be required to
commence to remedy any defects in ground or building
maintenance, as indicated by the City within five (5)
business days after written City notification.
_ 24. Excessive Tree Pruning Prohibited: Tree pruning which
consists of excessive tree trimming to limit the height
and/or width of tree canopy and results in a reduction in
required shade coverage for parking lot is prohibited and
will be considered a violation of the project approval, and
subject to code enforcement. Removal of dead trees and tree
pruning to remove unhealthy branches is permitted. Tree
removal requires compliance with Commercial Planned
Development Permit requirements and Municipal Code tree
preservation requirements.
25. Noxious Odors: No noxious odors shall be generated from any
use on the subject site.
26. Uses and Activities to be Conducted Inside: All uses and
activities shall be conducted inside the building(s), with
the exception of the approved food court and restaurant
dining patios and drive-through operations. A Temporary Use
Permit is required for sidewalk and parking lot outdoor
sales and other similar temporary uses.
27. Graffiti Removal: The Developer and his/her successors,
heirs, and assigns shall remove any graffiti within five (5)
business days from written notification by the City of
Moorpark. All such graffiti removal shall be accomplished to
the satisfaction of the Community Development Director.
28. Code Enforcement Costs: The Community Development Director
may declare a development project that is not in compliance
with the Conditions of Approval or for some other just
cause, a `public nuisance." The Developer 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 Developer fails to pay all City costs related
to this action, the City may enact special assessment
proceedings against the parcel of land upon which the
nuisance existed (Municipal Code Section 1.12.080).
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29. Modification to Commercial Planned Development Permit for
Pad Buildings: A Modification to Commercial Planned
Development Permit No. 2001-01 is required prior to Zoning
Clearance for building permit for each of the four pad
buildings (Buildings 1, 2, 3, and 4 on the approved site
plan) adjacent to New Los Angeles Avenue.
Prior to Zoning Clearance for Building Permit Conditions:
30. Case Processing Costs: The Applicant shall pay all
applicable outstanding case processing (Planning and
Engineering), and all City legal service fees prior to
Community Development Department or City Engineer's Office
initiation of work on Condition Compliance. In addition, the
Applicant shall be required to pay a Condition Compliance
deposit pursuant to the requirements of the most recently
adopted Resolution Establishing Schedule of Land Development
Preliminary Processing Fee Deposits and shall be required to
pay all applicable outstanding condition compliance costs
prior to issuance of a Zoning Clearance for building permit.
31. Prior to issuance of Zoning Clearance for building permit
for each building within the project, the applicant shall
pay the following fees:
a. Park Fee: Prior to issuance of a Zoning Clearance for
each building permit, the applicant shall pay the City
a fee to be used for park improvements within the City
of Moorpark. The amount of the fee shall be twenty-
five cents ($.25) per square foot of gross floor area.
b. Development Fee: Prior to issuance of Zoning Clearance
for each building permit, the applicant shall pay the
City a Development Fee consistent with the Settlement
Agreement requirement for the Amended Carlsberg
Specific Plan. The amount of the Development Fee shall
be consistent with the terms of the Carlsberg
Settlement Agreement.
C. Mitigation Fee: Prior to issuance of Zoning Clearance
for each building permit, the applicant shall pay the
City a "Mitigation Fee" consistent with the Settlement
Agreement requirement for the Amended Carlsberg
Specific Plan. The amount of the Mitigation Fee shall
be consistent with the terms of the Carlsberg
Settlement Agreement. Institutional uses shall pay on
the same basis as commercial and industrial uses,
except that institutional uses which are exempt from
secured property taxes shall be exempt from the fee.
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d. Moorpark Traffic Systems Management (TSM) Fee: Prior
to issuance of Zoning Clearance for each building
permit, the applicant shall pay the City a TSM Fee,
consistent with the Final EIR for the Carlsberg Amended
Specific Plan or the formula in effect at the time the
Zoning Clearance for building permit is requested,
whichever fee is greater.
e. Prior to issuance of each building permit, a Tree and
Landscape Fee of five cents ($.05) per square foot of
pad space shall be paid pursuant to Ordinance No. 102.
32. Submittal of Landscape Plans: Prior to issuance of a Zoning
Clearance for building permit, a complete landscape plan (3
sets), together with specifications and a maintenance
program shall be prepared by a State Licensed Landscape
Architect in accordance with the Ventura County Guide to
Landscape Plans, or City Guidelines in effect at the time of
landscape plan submittal, and shall be submitted to the
Community Development Director for review and approval. The
landscape plan shall include planting and irrigation
specifications for all onsite landscaping including around
the perimeter of the site, manufactured slopes over three
(3) feet in height, at driveway entrances including medians,
within constructed parking areas, and surrounding building
areas to be developed in the first phase of construction.
The purpose of the landscaping shall be to control erosion,
prevent aesthetic impacts to adjacent property owners and
improve the aesthetic appearance of the commercial center,
mitigate the visual impacts of all manufactured slopes three
(3) feet or more in height, screen views of parked vehicles,
screen and enhance the visual appearance of walls, prevent
graffiti, and to replace mature trees lost as a result of
construction.
The final landscape plan shall also be in substantial
conformance with the conceptual landscape plan approved by
the City Council, including as amended by conditions of
approval. The final landscape plan submitted by the
Developer must be approved by the Community Development
Director prior to any installation of landscaping or
irrigation improvements and prior to any occupancy approval.
The Developer shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation
system, and of final landscape inspection. The landscaping
and planting plan submitted for review and approval shall be
accompanied by a deposit as specified by the City of
Moorpark. Additional funds may subsequently need to be
deposited to cover all landscape plan check and inspection
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fees. The landscaping shall be approved by the Community
Development Director and be installed and receive final
inspection prior to recordation of the map or building
occupancy as determined by the Community Development
Director. All landscaped areas shall have an irrigation
system. The City's landscape architect shall certify in
writing that the landscape and irrigation system was
installed in accordance with the approved Landscape and
Irrigation Plans. The final landscape plans shall include
landscaping specifications, planting details, and design
specifications consistent with the following requirements:
a. The permittee shall provide for additional enhanced
landscaping equal to or greater than the cost of any
trees to be removed as determined by the Community
Development Director. Additional trees, which form a
canopy, shall be provided to shade parking, driveway
areas and other areas as determined by the Community
Development Director. The landscape plan shall also
incorporate extensive tree landscaping including
specimen size trees as approved by the Community
Development Director and Caltrans along New Los Angeles
Avenue onsite and within the Caltrans right-of-way,
within the project site boundary adjacent to the State
Route 23 Freeway, within the project site boundary
along Miller Parkway, and elsewhere within the project
boundary as otherwise determined by the Community
Development Director to enhance the visual appearance
of the commercial project and screen equipment, parking
and loading areas.
b. The landscape plan shall include the final design of
all sidewalks, barrier walls, streetscape elements,
urban landscaping and pedestrian paths within the
project limits.
C. Plant species utilized shall predominantly consist of
drought tolerant, low water using species.
d. Landscaping at site entrances and exits and any
intersection within the parking lot shall not block or
screen the view of a seated driver from another moving
vehicle or pedestrian.
e. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six-inch
high concrete curbs.
f. Landscaping shall be designed to not entirely obstruct
the view of any exterior door or window from the
street.
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g. Trees shall not be placed directly under any overhead
lighting, which could cause a loss of light at ground
level.
h. Backflow preventers, transformers, or other exposed
above ground utilities shall be shown on the landscape
plan(s) and shall be screened with landscaping and/or a
wall.
i. A 50 percent shade coverage shall be provided within
all open parking areas. Shade coverage is described as
the maximum mid-day shaded area defined by a selected _
specimen tree at 50 percent maturity.
j. A sufficiently dense tree -planting plan emphasizing
tall growing trees and/or shrubs shall be designed.
Fifty (50) percent of all trees shall be a minimum of
24 -inch box size in order to provide screening in a
five- (5) to seven- (7) year time period. All other
trees shall be a minimum 15 -gallon in size.
Recommendations regarding planting incorporated into
the environmental document shall be incorporated into
the screening plan as determined necessary by the
Community Development Director.
k. Irrigation shall be provided for all permanent
landscaping, as identified in the approved landscape
plan. The Developer shall be responsible for
maintaining the irrigation system and all landscaping.
The Developer shall replace any dead plants and make
any necessary repairs to the irrigation system
consistent with the landscape plan approved for the
development.
1. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatments) shall be
submitted with the final construction plans.
M. Any conflicts between light standard locations and tree
locations in the parking lot shall be resolved to the
satisfaction of the Community Development Director.
n. A phasing plan shall be submitted and approved by the
Community Development Director for landscaping of the
commercial center. The first phase of landscaping
shall include but not be limited to all onsite
landscaping around the perimeter of the site, at
driveway entrances including medians, within
constructed parking areas and pedestrian walkway areas,
and surrounding any building areas to be developed in
the first phase of construction. All areas of the site
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Vesting Tentative Tract Map No. 5321
Zelman Retail Partners, Inc.
Page 14
not proposed for construction in the first phase shall
include interim groundcover landscaping and irrigation
to the satisfaction of the Community Development
Director to ensure an attractive appearance for the
commercial center until buildout occurs. Separate
final landscape and irrigation plans may be submitted
for landscaping required around buildings that will be
constructed in a later phase of development, with the
exception of any landscaping required in pedestrian
walkway areas.
o. Additional planting within the- sidewalk areas adjacent
to parking lots shall be provided.
p. Prior to final landscape inspection, the areas to be
landscaped, as shown on the landscape and irrigation
plans and per the approved phasing plan, shall be
landscaped and irrigation system installed. The City's
landscape architect shall certify in writing that the
landscape and irrigation system was installed in
accordance with the approved landscape and irrigation
plans, as determined by the Community Development
Director.
33. The Developer shall be responsible for executing an amended
agreement with Caltrans for installation and maintenance of
the required landscaping and irrigation (which is subject to
Caltrans approval) within the Caltrans right-of-way along
New Los Angeles Avenue.
34. Offer of Dedication for Landscape Maintenance: Prior to
issuance of a Zoning Clearance for building permit, the
Developer shall provide an irrevocable offer of an easement
to the City for maintaining all landscaping of the site
adjacent to New Los Angeles Avenue and Miller Parkway. The
area referred to shall be all landscaped portions of the
required setback area adjacent to the public right-of-way
along the street frontage of Miller Parkway. The Developer
shall be responsible for maintenance of the aforementioned
area as well as the landscaping within the public right-of-
way adjacent to the project along Miller Parkway and New Los
Angeles Avenue. If the City at its discretion determines the
landscape maintenance to be unsatisfactory in any of the
aforementioned areas, the City may assume responsibility at
the owner's expense for any or all of the aforementioned
areas. The City assumption of maintenance responsibility
would only occur after code enforcement efforts have been
unsuccessful, including notice and opportunity given to
property owner to cure landscape maintenance deficiencies.
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Vesting Tentative Tract Map No. 5321
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Page 15
The total cost of maintenance for the areas noted above
shall be borne by the Developer. The City may at its
discretion place the aforementioned areas in a Landscape
Maintenance Assessment District. The Developer shall record
a covenant or comply with other requirements as determined
by the Community Development Director and Public Works
Director to effectuate the formation of such District in
the future.
35. The Building Plans or Site Plan, and Elevations shall be
revised to reflect the following:
a. The transformer and cross connection water control
devices shall be shown on the site plan and landscaping
and irrigation plan and screened from street view with
masonry wall and/or landscaping as determined by the
Community Development Director.
b. All fences and walls shall be shown on the site plan
and landscaping and irrigation plan.
C. Bicycle racks or storage facilities shall be provided
on-site as determined by the Community Development
Director prior to first occupancy approval.
d. All required loading areas and turning radius shall be
depicted on the site plan. A 45 -foot turning radius
shall be provided for loading zones consistent with the
AASHO WB -50 design vehicle.
e. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatment) shall be
submitted with the final construction plans.
f. Cart storage areas shall be located in the parking lot
area. The design of all parking lot cart storage
facilities are subject to the review and approval of
the Community Development Director.
g. If exterior cart storage is requested adjacent to a
retail use, a screened cart storage wall/landscaped
planter shall be provided near the building, and five
(5) foot minimum pedestrian walkways shall be
maintained, subject to the review and approval of the
Community Development Director.
h. Decorative integral colored, stamped or sawcut
concrete, subject to the review and approval of the
Community Development Director and City Engineer, shall
be provided outside of the public right-of-way at the
northerly driveway entrance along Miller Parkway, at
the entrance to the center north of "A" Street and west
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of Building A (Target), and at the New Los Angeles
Avenue driveway entrance outside the Caltrans right-of-
way.
i. Loading docks shall be screened to the satisfaction of
the Community Development Director, which screening may
include but is not limited to landscaping and walls.
Screen walls are required for Building A (Target),
Building B, and Building Cl. A screen wall and gate or
roll -up door is required for Building F.
j. Landscaped planters, decorative landscape pots and
other hardscape enhancements shall be installed in
front of all commercial buildings to the satisfaction
of the Community Development Director and consistent
with colored exhibits presented to the City Council
during the public hearing process.
k. The size of all parking stalls and overhangs shall be
in compliance with Chapter 17.32 of the Municipal Code
(9' by 20') and the approved site plan.
1. The eastern slope retaining wall (east of Buildings E
and F) shall be constructed of wheat colored split -face
masonry material and shall include vine plantings at
ten (10) foot intervals, subject to the review and
approval of the Community Development Director.
M. The property line wall located along the southerly
property line shall be constructed with wheat colored
split -face block and shall include a wall cap and
pilasters. The wall is subject to the review and
approval of the Community Development Director.
n. The applicant shall be eligible for reimbursement of
one-half of the cost of construction of the wall from
the developer of the southerly business park property,
prior to issuance of Zoning Clearance for the first
building permit for that property. The City and
applicant shall enter into an agreement whereby the
City agrees to condition the developer of the
referenced undeveloped business park property to the
extent such reimbursement is legally enforceable. The
City Attorney shall prepare the reimbursement
agreement, and the applicant shall be responsible for
all actual, documented City Attorney and other City
costs for preparation and enforcement of the agreement.
Applicant shall pay all legal, engineering, and
administrative costs incurred by the City to impose
and/or -enforce said agreement or at applicant's
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Vesting Tentative Tract Map No. 5321
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Page 17
discretion shall waive its eligibility for
reimbursement.
o. Pedestrian access to the site from the corner of Los
Angeles Avenue and Miller Parkway shall be provided and
incorporated into the final design of the project if
handicapped access requirements can be achieved.
p. Exterior finish system on Building A (Target) may be
changed to a textured elastomeric finish (Manufacturer
TK Products) to be applied over the concrete tilt -up
building structure.
q. Projecting colonnade elements on the front of Building
A (Target) are not required to have a roof. These
colonnade elements may be open to the sky with heavy
timber beams connecting from above the columns back to
the building.
r. The sidewalk along the west side of Building A (Target)
may be installed as standard gray concrete. All
walkways in front of buildings are to remain as
enhanced hardscape consistent with the site plan.
S. The corner of Miller Parkway and New Los Angeles Avenue
is required to have an enhanced landscape and
monumentation treatment. Landscape berming shall be
combined with a stone veneered low wall containing the
Moorpark Marketplace identity sign crafted out of cut
metal. Additional specimen trees, shrubs and annual
color will complete the corner statement. Low accent
lighting will also be incorporated.
t. The New Los Angeles Avenue entry driveway landscape is
required to be modified to include the Moorpark
Marketplace identity signage and share a consistent
theme with the corner statement at Miller Parkway and
New Los Angeles Avenue, if permitted by Caltrans.
36. On-site Art in Public Places: Prior to Zoning Clearance for
the first building permit, the Developer shall submit a
proposal for onsite art as satisfaction of the total
commercial center Art in Public Places Fee. The onsite art
proposal shall be reviewed by the Public Art Advisory
Committee, approved by the City Council, and installed prior
to the first building occupancy. This artwork is in lieu of
paying the Art in Public Places fee of $.10 per each square
foot of building area. The artwork must have a value
corresponding to or exceeding the fee as determined by the
Community Development Director.
Resolution No. 2002-1952
Commercial Planned Development Permit No. 2001-01
Vesting Tentative Tract Map No. 5321
Zelman Retail Partners, Inc.
Page 18
37. Sign Program: Prior to the issuance of the first Zoning
Clearance for building permit, a Master Sign Program for the
entire project site shall be submitted to the City Council
for review and approval. The Master Sign Program shall be
designed to provide for a uniform on-site sign arrangement
and design and shall be consistent with the requirements of
the Carlsberg Specific Plan.
a. All proposed signs shall conform to the approved Master
Sign Program, prior to the issuance of a sign permit by
the Community Development Director or his/her designee.
b. No off-site signs shall be permitted unless approved by
the City Council as part of a Master Sign Program.
C. Identification wall signs on the south sides of
buildings shall not be permitted; however, wall signs
on the west side of Building A (Target) and the north
side of Building K (Kohl's) and Building F (Linens &
Things) may be considered.
38. Parapet Wall Requirement: Roof design and construction shall
include a minimum 18 -inch extension of the parapet wall
above the highest point of a flat roof area around all sides
of any flat roof areas.
39. Skylights: Skylights to be permitted on a limited and
acceptable basis as determined by the Community Development
Director. Skylights shall be low profile and designed to
provide an acceptable aesthetic appearance.
40. Lighting Plan: For all exterior lighting, a lighting plan
shall be prepared by an electrical engineer registered in
the State of California and submitted t,o the Department of
Community Development with the required deposit for review
and approval. The lighting plan shall achieve the following
objectives: avoid interference with reasonable use of
adjoining properties; minimize on-site and off-site glare;
provide adequate on-site lighting; limit electroliers
height; provide structures which are compatible with the
total design of the proposed facility and minimize energy
consumption. Ornamental lighting fixtures to complement the
architectural style of the buildings are required on the
buildings as well as in the parking lot area as determined
by the Community Development Director and the conceptual
lighting plan. Lighting fixtures shall be placed such that
tree canopies for mature trees will not interfere with
lighting. Light poles within the parking lot area shall be
located on cement bases no higher than six (6") inches above
the finished grade. When possible, light poles shall be
located within proposed landscaped areas. All lighting
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Resolution No. 2002-1952
Commercial Planned Development Permit No. 2001-01
Vesting Tentative Tract Map No. 5321
Zelman Retail Partners, Inc.
Page 19
shall be consistent with Chapter 17.30 of the Zoning Code
(Lighting Regulations), unless superseded by the Carlsberg
Specific Plan lighting development standards, and the
lighting plan shall, at a minimum, include the following:
a. A photometric plan showing a point -by -point foot candle
layout to extend a minimum of twenty (20') feet outside
the property lines. Layout plan to be based on a ten
(10') foot grid center. Down lighting and accent,
landscape and building lighting shall be employed
throughout the project. The maximum height of fixture,
type of fixture, and foot-candle ratio shall be
approved by the Community Development Director
consistent with the zoning requirements for the project
site at the time of the first Zoning Clearance for
building permit.
b. Fixtures must possess sharp cut-off qualities with a
maximum of one (1) foot-candle illumination at or
beyond property lines.
C. Energy efficient lighting devices shall be provided.
d. The minimum -to -maximum footcandle illumination ratio
shall be consistent with the zoning requirements at the
time of the first Zoning Clearance for building permit.
e. No light shall be emitted above the 90 degree or
horizontal plane.
f. Lighting devices in the parking lot shall be shielded
and directed downward to avoid light and glare on
neighboring properties.
g. Lighting devices shall be high enough as to prohibit
anyone on the ground from tampering with them unless
tamper proof fixtures are approved by the Community
Development Director. All exterior lighting devices
shall be protected by weather and breakage resistant
covers.
h. Lighting at all exterior doors shall be illuminated
with a minimum maintained two (2) foot-candles at
ground level.
i. Prior to the issuance of the first Zoning Clearance for
building permit, a copy of the lighting plans shall be
submitted to the Police Department for review of
exterior lighting for crime prevention recommendations.
41. Location of Property Line Walls: All property line walls
shall be no further than one inch from the property line.
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42. Downspouts: No downspouts shall be permitted on the exterior
of any building.
43. Roof Mounted Equipment: Roof mounted equipment is permitted,
subject to approval of roof equipment screening to the
satisfaction of the Community Development Director and
consistent with the approved project elevations. No roof
mounted equipment (vents, stacks, blowers, air conditioning
equipment, etc.) may extend above any parapet wall, unless
screened on all four sides by view obscuring material that
is an intregal design element of the building. Prior to the
issuance of a Zoning Clearance for _building permit, the
final design and materials for the roof screen and location
of any roof -mounted equipment must be approved by the
Community Development Director. All screening shall be tall
enough to block all onsite ground level views as well as
those from the surrounding public streets (not including
State Route 23) and shall be maintained during the life of
the permit. Construction material shall match the color and
material used in the construction of the buildings. Colors,
materials and building appendages (such as mechanical
equipment on the roof, etc.) of the proposed building shall
be compatible with the existing building and adjacent
development and non -reflective in nature.
44. Exterior Ground Level Equipment: Any outdoor ground level
equipment and storage (such as loading docks, cooling
towers, generators, etc.) shall be screened from view by a
masonry wall or landscaping, the design of which shall be
approved by the Community Development Director. The wall
shall be constructed of materials and colors consistent with
architectural design of the main building.
45. Building Materials and Colors: All exterior building
materials and paint colors shall be shall be reviewed by the
Community Development Director prior to Zoning Clearance for
each building permit for consistency with the materials and
colors approved by the City Council at the time of
Commercial Planned Development Permit approval.
46. Noise Generation Sources: All roof -mounted equipment and
other noise generation sources on-site shall be attenuated
to 45 decibels (dBA) at the property line, or to the ambient
noise level at the property line measured at the time of the
occupant request. Prior to the issuance of a Zoning
Clearance for initial occupancy or any subsequent occupancy,
the Community Development Director may request that a noise
study be submitted for review and approval which
demonstrates that all on-site noise generation sources will
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Vesting Tentative Tract Map No. 5321
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Page 21
be mitigated to the required level. All required noise
studies must be prepared by a licensed acoustical engineer
in accordance with accepted engineering standards.
47. Striping of Spaces: The striping of parking spaces and
loading bays shall be maintained so that it remains clearly
visible during the life of the development.
48. Parking Lot Surface: All parking areas shall be surfaced
with asphalt or concrete and shall include adequate
provisions for drainage, striping and appropriate wheel
blocks, curbs, or posts in parking areas adjacent to
landscaped areas. All parking and loading areas shall be
maintained at all times to insure safe access and use by
employees, public agencies and service vehicles.
49. Disposal Areas on Site Plan: All trash disposal and
recycling areas shall be provided in a location which will
not interfere with circulation, parking or access to the
building. The final design and location of the trash
enclosures shall be subject to review of the Community
Development Director prior to the issuance of a Zoning
Clearance for building permit. Trash areas and recycling
bins shall be depicted on the final construction plans, the
size of which shall be approved by the Community Development
Director and the City's solid waste management staff. All
trash disposal and recycling areas shall be designed in
accordance with the following requirements:
a. Rubbish disposal areas shall include adequate,
accessible and convenient areas for collecting and
loading recyclable materials. The dimensions of the
recycling area shall accommodate containers consistent
with current methods of collection in the area in which
the project is located.
b. Adequate number of bins or containers shall be provided
to allow for the collection and loading of recyclable
materials generated by the development. For commercial
(general, office, or retail), developments, space
allotment for two (2) three cubic yard bins (107" x 84"
or 168" x 53.5"), or a space allotment for one (1) 40
cubic yard bin (288" x 120") and one (1) 3 cubic yard
bin (84" x 53.5"). The intended use for this space is
to hold two side-by-side 3 cubic yard containers (one
for refuse, one for recyclables), or one (1) 40 cubic
yard bin for refuse and one (1) 3 cubic yard bin for
recyclables. The dimensions provided apply to the space
available when the gate is fully open.
Resolution No. 2002-1952
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Vesting Tentative Tract Map No. 5321
Zelman Retail Partners, Inc.
Page 22
c. The design of the disposal area enclosures shall be
architecturally consistent with the development and
compatible with the surrounding area as approved by the
Community Development Director.
d. Each disposal area enclosure shall be screened with a
six-foot (6') high solid masonry wall enclosure and
six-foot (6') high gates and shall be designed with
cane bolts to secure the gates when in the open
position.
e. Disposal area enclosures shall have a roof so as to be
protected from weather conditions, which might render
collected recyclable materials unmarketable.
f. Driveways or travel aisles shall provide unobstructed
access for collection vehicles and personnel, and
provide the minimum vertical clearance of 30 feet, or
other specified clearance required by the collection
methods and vehicles utilized by the hauler.
g. A sign, approved by the Community Development Director,
clearly identifying all recycling and solid waste
collection and loading areas, and the materials
accepted therein shall be posted adjacent to all points
of access to the recycling areas.
h. Refuse disposal areas shall not be located in any area
required by the Municipal Code to be constructed or
maintained as unencumbered, according to fire and other
applicable building and/or public safety laws.
i. Recycling area(s) shall be located so they are
convenient and adjacent to regular refuse collection
areas.
j. Space allocation for rubbish and recycling enclosures
shall be designed in a manner that complies with the
equal access requirements of Title 24 and the American
Disabilities Act.
k. The enclosure shall have a separate indirect pedestrian
access way, which does not require doors or gates.
1. Prior to Zoning Clearance for Building Permit, the City
Engineer will review the design plan for compliance
with National Pollution Discharge Elimination System
(NPDES) requirements.
M. All litter/waste material shall be kept in leak proof
containers. The area shall be paved with impermeable
material. No other area shall drain onto these areas
including rainwater. There shall be no drain connected
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from the trash enclosure area to the storm drain
system. However, the drain from the trash enclosure
shall be connected to the sanitary sewer and have an
automatic seal that shall preclude any escape of gases
or liquids from the sewer connection.
50. The franchised refuse hauler designated to service this
location will be determined prior to construction.
51. Other requirements related to refuse disposal and recycling
include:
a. Prior to issuance of an- Occupancy Permit for each
building, a Waste Reduction and Recycling Plan shall be
submitted to the City's solid waste management staff
and the Community Development Department for review and
approval prior to occupancy of the building. The plan
shall include a designated building manager, who is
responsible for initiating on-site waste materials
recycling programs. b. The building manager or
designee will conduct a routine waste management
education program on-site to alert employees to any new
developments or requirements for solid waste
management. This measure shall be coordinated through
the City's Solid Waste Management staff.
Prior to Issuance of Occupancv Conditions:
52. Business Registration: 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.
53. APCD Review of Uses: Prior to occupancy, Ventura County, Air
Pollution Control District (APCD) shall review all
applicable uses to ensure compliance with the California
Health and Safety Code (Section 65850.5 et seq.) regarding
the use, storage and disposition of hazardous materials.
Final Certificate of Occupancy shall be withheld until
compliance with these provisions from the Ventura County,
Air Pollution Control District is provided.
54. Enforcement of Vehicle Codes: Prior to Occupancy of any of
the buildings, the Developer shall request that the City
Council approve a resolution to enforce Vehicle Codes on the
subject property as permitted by Vehicle Code Section
21107.7.
55. Image Conversion of Plans: Prior to occupancy, the
subdivider shall will pay a fee to the City Clerk's
Department to scan building permit file, landscape, public
improvement, site plans and other plans as determined
Resolution No. 2002-1952
Commercial Planned Development Permit No. 2001-01
Vesting Tentative Tract Map No. 5321
Zelman Retail Partners, Inc.
Page 24
necessary by the Community Development Director into the
City's electronic imaging system.
B. CITY ENGINEER CONDITIONS:
56. All conditions of Vesting Tentative Tract Map No. 5321 shall
apply to Commercial Planned Development No. 2001-01.
C. FIRE DEPARTMENT CONDITIONS:
57. All driveways shall have a minimum vertical clearance of 13
feet 6 inches (13'6").
58. An -on-site access road width of 25 feet shall be maintained.
59. The access road shall be of sufficient width to allow for a
40 -foot outside turning radius at all turns in the road.
60. Approved turnaround areas for fire apparatus shall be
provided when dead-end Fire Department access
roads/driveways exceed 150 feet. Turnaround areas shall not
exceed a 2.5% cross slope in any direction and shall be
located within 150 feet on the end of the access
road/driveway.
61. The access/driveway shall be extended to within 150 feet of
all portions of the exterior walls of the first story of any
building and shall be in accordance with Fire District
access standards. Where the access roadway cannot be
provided, approved fire protection system or systems shall
be installed as required and acceptable to the Fire
District.
62. Two (2) means of ingress/egress shall be provided to the
development in accordance with Fire_ District access
standards.
63. Prior to combustible construction, an all weather access
road/driveway suitable for use by a 20 -ton Fire District
vehicle shall be installed.
64. Prior to construction, the Developer shall submit two (2)
site plans to the Fire District for the review and approval
of the location of fire lanes. The fire lanes shall be
posted "NO PARKING FIRE LANE" in accordance with California
Vehicle Code, Section 22500.1 and the Uniform Fire Code
prior to occupancy. All signs and/or fire lane markings
shall be within recorded access easements.
65. Approved walkways shall be provided from all building
openings to the public way or fire department access
road/driveway-
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66. Address numbers, a minimum of 4 inches (4") high, shall be
installed prior to occupancy, shall be of contrasting color
to the background, and shall be readily visible at night.
Brass or gold plated numbers shall not be used. Where
structures are set back more than 150 feet (150') from the
street, larger numbers will be required so that they are
distinguishable from the street. In the event the
structure(s) is(are) not visible from the street, the
address number(s) shall be posted adjacent to the driveway
entrance on an elevated post.
67. A plan shall be submitted to the Fire District for review
indicating the method by which this center will be
identified by address numbers.
68. Prior to approval of the first Zoning Clearance for building
permit, the Developer shall submit plans to the Fire
District for placement of the fire hydrants. On plans,
existing hydrants within 300 feet of the development and the
type of hydrant, number and size of outlets shall be shown.
69. 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.
70. Fire hydrants, if required, shall be installed and in
service prior to combustible construction and shall conform
to the minimum standard of the Moorpark Water Works Manual.
a. Each hydrant shall be a 6 -inch wet barrel design and
shall have two (2) 4 -inch and one (1) 2-1/2 inch
outlet(s).
b. The required fire flow shall be achieved at no less
than 20 -psi residual pressure.
C. Fire hydrants shall be spaced 300 feet on center and so
located that no structure will be farther than 150 feet
from any one hydrant.
d. Fire hydrants shall be set back in from the curb face
24 inches on center.
e. No obstructions including walls, tree, light and sign
posts, meter, shall be placed within three (3) feet of
any hydrant.
f. A concrete pad shall be installed extending eighteen
(18) inches out from the fire hydrant.
g. Ground clearance to the lowest operating nut shall be
between eighteen (18) to twenty-four (-24) inches.
Resolution No. 2002-1952
Commercial Planned Development Permit No. 2001-01
Vesting Tentative Tract Map No. 5321
Zelman Retail Partners, Inc.
Page 26
71. The minimum fire flow required shall be determined as
specified by the current edition of the Uniform Fire Code
Appendix III -A and adopted Amendments. Given the present
plans and information, the required fire flow is
approximately 4,000 gallons per minute at 20 psi four hour
duration. A minimum flow of 1,500 gallons per minute shall
be provided from any one hydrant. The Developer shall
verify that the water purveyor can provide the required
volume and duration at the project prior to obtaining a
building permit.
72. Prior to occupancy of any structure, blue reflective hydrant
location markers shall be placed on the access roads in
accordance with Fire District standards. If the final
asphalt cap is not in place at time of occupancy, hydrant
location markers shall be installed and shall be replaced
when the final asphalt cap is completed.
73. Any structure greater than 5,000 square feet and/or 5 miles
from a fire station shall be provided with an automatic fire
sprinkler system in accordance with current VCFPD Ordinance.
74. Plans for all fire protection systems (sprinklers, dry
chemical, hood systems, etc.) shall be submitted, with
payment for plan check to the Fire District for review and
approval prior to installation. Note: Fire sprinkler
systems with 100 or more heads shall be supervised by a fire
alarm system in accordance with Fire District requirements.
75. Plans for any fire alarm system shall be submitted, with
payment for plan check, to the Fire District for review and
approval prior to installation.
76. Building plans of all A,E,I,H,R-1 or R-2 occupancies shall
be submitted, with plan check, to the Fire District for
review and approval prior to installation.
77. Commercial trash dumpsters and containers with an individual
capacity of 1.5 cubic yards or greater shall not be stored
or placed within 5 feet of openings, combustible walls, or
combustible roof eave lines unless protected by approved
automatic sprinklers.
78. Developer shall submit a phasing plan to the Fire Department
for review and approval prior to construction.
79. Developer and/or tenant shall obtain all applicable Uniform
Fire Code (UFC) permits prior to occupancy or use of any
system or item requiring an UFC permit.
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Vesting Tentative Tract Map No. 5321
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80. Developer shall obtain VCFD Form No. 126 "Requirements for
Construction" prior to obtaining a building permit for any
new construction or additions to existing structures.
81. Portions of this development may be in a Hazardous Watershed
Fire Area and those structures shall meet hazardous fire
area building code requirements.
82. A fire alarm system shall be installed on all buildings in
accordance with California Building and Safety Code
requirements.
83. Plans for water systems supplying fire -hydrants and/or fire
sprinkler systems and not located within a water purveyor's
easement, shall be submitted to the Fire District for review
and approval prior to installation.
84. Fire extinguishers shall be installed in accordance with
National Fire Protection Association Pamphlet #10. The
placement of extinguishers shall be subject to review and
approval by the Fire District.
85. All grass or brush exposing any structure(s) to fire hazards
shall be cleared for a distance of 100 feet prior to
framing, according to the Ventura County Fire Protection
Ordinance.
D. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITION:
86. In addition to the District's questionnaire, the Developer
shall comply with the applicable provisions of the
District's standard procedures for obtaining domestic water
and sewer services for Developer's projects within the
District. The project shall have a master meter with RP
backflow device in each of the two tie-in points within -the
public right-of-way. The project may also need to have a
separate service line or fire protection.
E. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITION:
87. The project shall control and manage storm runoff to prevent
any potential impacts downstream which might arise from the
effect of the development.
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F. POLICE DEPARTMENT CONDITIONS:
88. Exterior access ladders are not permitted. There shall not
be any easy exterior access to the roof area, i.e. ladders,
trees, high walls, etc.
89. Prior to issuance of a Zoning Clearance for building permit,
all new construction shall comply with public safety
measures as determined necessary by the Moorpark Police
Department.
G. MOORPARK UNIFIED SCHOOL DISTRICT CONDITION:
90. If applicable, prior to the issuance of each Building
Permit, the applicant shall pay all school assessment fees
levied by the Moorpark Unified School District.
H. BUILDING & SAFETY DEPARTMENT CONDITIONS:
91. Use of Asbestos: No asbestos pipe or construction materials
shall be used.
92. Unconditional Will -Serve Letter: Prior to the issuance of a
Building Permit, an "Unconditional Will Serve Letter" for
water and sewer service will be obtained from the Ventura
County Waterworks District No. 1.
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CONDITIONS OF APPROVAL
FOR VESTING TENTATIVE TRACT MAP NO. 5321
A. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS:
1. Application of City Ordinances/ Policies: The conditions of
approval of this Vesting Tentative Tract Map and all
provisions of the Subdivision Map Act, City of Moorpark
Municipal Ordinance and adopted City policies supersede all
conflicting notations, specifications, dimensions, typical
sections and the like which may be shown on said map.
Within 30 business days following City Council approval of
Vesting Tentative Tract Map No. 5321, the Developer shall
submit a conforming Vesting Tentative Tract Map that
complies with all conditions of approval, provisions of the
Subdivision Map Act, City of Moorpark Municipal Ordinance
and adopted City policies, to the satisfaction of the City
Engineer and Community Development Director.
2. Acceptance of Conditions: Recordation of this subdivision
shall be deemed to be acceptance by the subdivider and
his/her heirs, assigns, and successors of the conditions of
this Map. A notation, which references conditions of
approval, shall be included on the Final Map in a format
acceptable to the Community Development Director.
3. Expiration of Map: This Vesting Tentative Tract Map shall
expire three (3) years from the date of its approval. The
Community Development Director may, at his/her discretion,
grant up to two (2) additional one (1) year extensions for
map recordation if applicant can document that he/she has
diligently worked towards map recordation during the initial
period of time. The request for extension of this
entitlement shall be made in writing, at least thirty (30)
days prior to the expiration date of the map.
4. Hold Harmless: The subdivider shall defend, indemnify and
hold harmless the City and its agents, officers and
employees from any claim, action or proceeding against the
City or its agents, officers or employees to attack, set
aside, void, or annul any approval by the City or any of its
agencies, departments, commissions, agents, officers, or
employees concerning the subdivision, which claim, action or
proceeding is brought within the time period provided
therefore in Government Code Section 66499.37. The City will
promptly notify the subdivider of any such claim, action or
proceeding, and, if the City should fail to do so or should
fail to cooperate fully in the defense, the subdivider shall
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not thereafter be responsible to defend, indemnify and hold
harmless the City or its agents, officers and employees
pursuant to this condition.
a. The City may, within its unlimited discretion,
participate in the defense of any such claim, action or
proceeding if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding
in good faith.
b. The subdivider shall not be required to pay or perform
any settlement of such claim, action or proceeding
unless the subdivider approves the settlement. The
subdivider's obligations under this condition shall
apply regardless of whether a Final Map or Parcel Map
is ultimately recorded with respect to the subdivision.
5. Severability: If any of the conditions or limitations of
this approval are held to be invalid, that holding shall not
invalidate any of the remaining conditions or limitations
set forth.
6. Computer Aided Mapping System: The Map shall be submitted in
accordance with County Ordinance No. 3982 entitled "An
Ordinance of the Ventura County Board of Supervisors
Requiring New Subdivision Records to be Included in the
County's Computer -Aided Mapping System and Establishing
Related Fees."
7. Image Conversion of Plans: Prior to recordation, the
subdivider shall pay a fee to the City Clerk's Department to
scan the final map and other improvement plans as required
by the Community Development Director into the City's
electronic imaging system.
8. Outstanding Case Processing Costs: Prior to application for
grading permit and submittal of a final map for plan check,
the Developer shall pay all project related outstanding case
processing (Planning and Engineering), and all project
related City legal service fees. The Developer, permittee,
or successors in interest shall also submit to the
Department of Community Development a fee to cover costs
incurred by the City for Condition Compliance review for a
final map.
9. Recordation of Operation and Easement Agreement: Prior to
Final Map approval, Developer shall submit for review by
City Attorney, Community Development Director and City
Engineer an Operation and Easement Agreement for the
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purposes of ensuring uniformity and consistency of
maintenance of parking, landscaping and lighting, National
Pollutant Discharge Elimination System requirements, and
reciprocal access and parking within all VTTM 5321 lots and
maintenance of landscaping within .the Caltrans right-of-way
along New Los Angeles Avenue. The Operation and Easement
Agreement shall be recorded concurrently with Final Map
recordation.
B. CITY ENGINEER CONDITIONS:
10. The Developer shall post sufficient surety guaranteeing
completion of all on and off-site civil and landscaping site
improvements within the development and offsite improvements
required by the conditions as described herein (i.e.
grading, street improvements, storm drain improvements,
landscaping, fencing, bridges, etc.) or which require
removal (i.e., access improvements, landscaping, fencing,
bridges, etc.) in a form acceptable to the City. Onsite
lighting facilities need not be bonded.
11. The Developer shall indicate in writing to the City the
disposition of any wells that may exist within the project.
If any wells are proposed to be abandoned, or if they are
abandoned and have not been properly sealed, they must be
destroyed or abandoned per Ventura County Ordinance No. 2372
or Ordinance No.3991 and per Division of Oil and Gas
requirements. Permits for any well reuse (if applicable)
shall conform to Reuse Permit procedures administered by the
County Water Resources Development Department.
12. Prior to any work being conducted within any State, County,
or City. right of way, the Developer shall obtain all
necessary encroachment permits from the appropriate
Agencies. Copies of these approved permits shall be provided
to the City Engineer.
13. If any hazardous waste is encountered during the
construction of this project, all work shall be immediately
stopped and the Ventura County Environmental Health
Department, the Fire Department, the Sheriff's Department,
and the City Construction Observer shall be notified
immediately. Work shall not proceed until clearance has
been issued by all of these agencies.
14. The Developer shall utilize all prudent and reasonable
measures (including installation of a 6 -foot high chain link
fence around the construction sites or provision of a full
time licensed security guard) to prevent unauthorized
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persons from entering the work site at any time and to
protect the public from accidents and injury.
Final Map Conditions:
15. The Subdivider shall submit to the Department of Community
Development and the City Engineer for review a current title
report, which clearly identifies all interested parties and
lenders included within the limits of the subdivision as
well as any easements that affect the subdivision.
16. Any mapping that requires review and approval by the County
of Ventura shall be concurrently submitted to the City
Engineer for review and approval. Subdivider shall be
responsible for all associated fees and review costs.
17. A final tract map prepared by a California Registered
Engineer meeting all of the provisions of the Subdivision
Map Act shall be submitted for review by the City Engineer.
18. The Final Map shall contain an irrevocable offer of
dedication of the shaded easement areas shown on the
tentative map. Additionally an easement for public service,
public transit, reciprocal access to the lot laying to the
south of the development and mutual access between each lot
created by the land division shall be provided on the final
map. The areas offered for dedication and the easement shall
provide feasible physical access to the lot laying to the
south of the development and between each lot created by the
land division to the satisfaction of the City Engineer. All
said easements shall be provided to the satisfaction of the
City Engineer, City Attorney and Community Development
Director. The reciprocal easement between the commercial and
industrial parcel shall be provided at the area of the 28 -
foot wide emergency vehicle access opening south of the C-2
retail building.
19. The land division shall make provisions to provide easements
for extensions of all utilities and access requirements,
including maintenance and construction. Easements for access
and circulation shall be designated as private streets.
20. Any lot -to -lot drainage easements and secondary drainage
easement shall be delineated on the final map. Assurance in
the form of an agreement shall be provided to the City that
these easements shall be adequately maintained by property
owners to safely convey storm water flows. Said agreement
shall be submitted to the City Engineer for review and
approval and shall include provisions for the owners
association to maintain any private storm drain or National
Pollution Discharge Elimination System, hereinafter NPDES
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system not maintained by a City Assessment District and
shall be a durable agreement that is binding upon each
future property owner of each lot.
21. The Subdivider shall offer to dedicate to the City of
Moorpark street and public service easements, as required,
by the City Engineer.
22. On the Final Map, the Subdivider shall offer to dedicate
access easements to the City of Moorpark over all private
streets to provide access for all governmental agencies
_providing public safety, health and welfare.
23. On the Final Map, the Subdivider shall offer to dedicate to
the City of Moorpark all right-of-way for public streets.
24. Prior to submittal of the Final Map to the City for review
and prior to approval, the Subdivider shall transmit by
certified mail a copy of the conditionally approved
Tentative Map together with a copy of Section 66436 of the
State Subdivision Map Act to each public entity or public
utility that is an easement holder of recorded. Written
evidence of compliance shall be submitted to the City
Engineer.
Grading Conditions:
25. The City Manager is authorized to sign an early grading
agreement on behalf of City to allow grading of the Project
prior to City Council approval of a final subdivision map.
Said early grading agreement shall be consistent with the
conditions of approval for Tract 5321 and CPD No. 2001-01
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 completion of the grading and
construction of on-site and off-site improvements, with the
exception of on-site lighting. In the case of failure to
comply with the terms and conditions of the early grading
agreement, the City Council may declare the surety
forfeited.
26. The Developer shall submit grading and improvement plans
prepared by a California Registered Civil Engineer to the
City Engineer for review and shall gain the City Engineer's
approval of said plans prior to issuance of any permit for
the project. The Developer shall enter into an agreement
with the City of Moorpark to complete all grading, drainage
and off-site improvements and shall post sufficient surety
guaranteeing completion of all improvements except onsite
lighting.
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27. Requests for grading permits shall be granted in accordance
with the approved CPD 2001-01, as required by these
conditions and local ordinances.
28. The Conceptual Grading Plan for CPD 2001-01 indicates a soil
import in excess of 10,000 cubic yards. The developer shall
submit an application, with appropriate fees and deposits,
to the City Engineer for review and shall gain the City
Engineer's approval prior to issuance of the haul route
encroachment permit. Approval of the Haul Route Permit shall
require the following:
a. The haul route permit application shall be completed in
its entirety including information indicating maximum
quantity of dirt to be hauled. The haul shall be
conducted only as permitted and no soil shall be
transported to or from any site, via any route, during
any time, or by any means except as specified in the
permit.
b. The haul trucks shall enter the City from the east from
the State Route 23 and New Los Angeles Avenue
interchange and proceed westerly to Miller Parkway,
thence southerly along Miller Parkway to "A" Street,
thence into the site. Empty haul trucks shall retrace
the haul route.
c. The haul route permit application shall indicate the
name of the dirt hauling company; the contractors state
license number; the contractors City license number;
proof of insurance per the City's requirements; the
supervisor in charge, including work address, daytime
work telephone numbers, a 24 -hour -availability number
and the number of days to complete the haul.
d. The haul route permit application shall specify the
starting and completion dates. No changes to the
approved haul route, times and dates of operation, dust
control, signage or traffic control shall be made
without approval of the City Engineer and Community
Development Director.
e. The developer shall procure a City Encroachment permit
and post a cash bond in the amount of $500 per day for
each day of operations approved by the City Engineer.
The deposit shall be for payment of any costs incurred
by the City related to the haul including but not
necessarily limited to damage remediation, street
cleaning, administration, inspection and monitoring of
the permit. Upon certification by the City Engineer
that the haul operation is completed and that, all
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damages to the City facilities and all costs to the
City and its agents and contractors have been paid; the
unused portion of the deposit shall be refunded. Should
the costs to the City exceed the deposit amount, the
Developer hauling the soil shall cease all work
operations and deposit additional funds with the City,
in an amount determined by the City Engineer, within 10
days of written demand by the City.
f. The haul permit shall be subject to revocation or
revisions by the City. A copy of the permit shall be
available for review on the site at all times. The
truck trip counts and yardage hauled shall be tallied
as the trucks enter the import site. A true copy of the
tally sheets shall be delivered to the City Engineer,
or his/her designee, at the end of each working day
that the hauling occurs.
g. The haul operation shall provide traffic control to the
satisfaction of the City Engineer.
h. Hauling operations shall be conducted only on weekdays
(Monday through Friday) and during daylight hours and
only between the hours of 9:00 AM and 4:00 PM on school
days and between the hours of 8:00 AM and 5:00 PM on
non -school days (school holidays or vacation periods).
i. Appropriate traffic warning signs and devices and a
flagger shall be provided at the entrances to the
public way. The flagging operation shall be directed to
controlling the entrance of the trucks used to haul the
soil on and off the public street. Disruption of
traffic on public streets due to 'the haul operation
shall be reduced to the maximum extent practical.
j. All portions of the haul route and intersecting streets
within 500 feet of the haul route shall be swept
continuously during haul operations. No less than two
street sweepers shall be in operation over the portions
of the haul route within City jurisdiction during haul
operations and for 30 minutes after the haul operation
hours.
k. Haul operations shall be suspended on rain days. The
suspension shall continue until soils on the import
site have dried sufficiently that the haul truck tires
do not pick up the soils.
1. The soil shall be wetted to optimum moisture (ASTM D-
1557) before loading. Each haul truck shall have all
soil cleared from surfaces outside the bed before
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traveling on a public street. The tires of the haul
trucks shall be cleaned of adhering soil before
traveling on any public street. The soil may be covered
by tarps during the haul as an alternative to wetting
the soil to optimum moisture.
M. On-site haul routes and soil moisture conditioning
measures shall be such to eliminate tracking or blowing
soil onto public streets or adjoining property from the
loading, hauling, dumping or distributing portions of
the operation. Onsite operations shall be coordinated
to avoid passage of haul trucks over wet soils that
might adhere to the tires of the haul units.
n. The haul permit shall be signed by both the hauling
company and the Developer and shall bind both to the
conditions of the permit.
29. All development areas and lots shall be designed and graded
so that surface drainage is directed to acceptable locations
or natural or improved drainage courses as approved by the
City Engineer. Altered drainage methods and patterns onto
adjacent properties shall not be allowed without mitigation.
30. ROC, NOx and dust during construction grading shall be
suppressed by the following activities:
a. The fuel injection of all diesel engines used in
construction equipment shall be retarded two degrees
from the manufacturer's recommendation.
b. All diesel engines used in construction equipment shall
use high-pressure injectors.
C. All diesel engines used in construction equipment shall
use reformulated diesel fuel.
d. Construction grading shall be discontinued on days
forecasted for first stage ozone alerts (concentration
of 0.20 ppm) as indicated at the Ventura County APCD
air quality monitoring station closest to the City of
Moorpark. Grading and excavation operations shall not
resume until the first stage smog alert expires.
e. All clearing and grading activities shall cease during
periods of high winds (i.e., greater than 15 miles per
hour averaged over one hour) to prevent excessive
amounts of fugitive dust.
f. All material transported off-site shall be either
sufficiently watered or securely covered to prevent
excessive amounts of dust.
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g. All active portions of the site shall be either
periodically watered or treated with environmentally
safe dust suppressants to prevent excessive amounts of
dust.
h. Facilities shall be constructed and operated in
accordance with the Rules and Regulations of the
Ventura County Air Pollution Control District.
i. Large scale construction vehicles and trucks exiting
the project site during the mass grading period shall
be- required to have tire wash -downs to minimize the
dispersion of dust onto local streets.
31. Grading may occur during the rainy season from October 1st
to April 15th subject to approval by the City Engineer and
timely installation of erosion control facilities. With the
exception of work to effectuate best management practices
for erosion control, no construction of any description
shall occur during said rainy season unless a revised storm
water pollution prevention plan that reflects the
construction status of the site has been approved by the
City Engineer. Erosion control measures shall be in place
and functional between October 1st and April 15th. During
each year that the project is under construction, revised
storm water pollution prevention plans shall be submitted to
the City Engineer for review and shall gain the City
Engineer's approval no later than September 1st of each year
from the start of grading or clearing operations to the time
of grading bond release.
32. During site preparation and construction, the contractor
shall minimize disturbance of natural -groundcover on the
project site until such activity is required for grading and
construction purposes. - During grading operations, the
Developer shall employ a full-time superintendent, whose
responsibilities will include, without limitation, NPDES
compliance. Upon City Engineer's determination that the
NPDES compliance effort is unsatisfactory, the developer
shall designate an NPDES superintendent who shall have no
other duties than NPDES compliance. The superintendent
responsible for NPDES compliance shall:.
a. Have full authority and responsibility to attain NPDES
compliance.
b. Have full authority to hire personnel, bind the
developer in contracts, rent equipment and purchase
materials to the extent needed to effectuate BMP's_
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c. Provide proof to the City Engineer and satisfactory
completion of courses, satisfactory to the City
Engineer, totaling no less than eight (8) hours
directed specifically to NPDES compliance and effective
use of BMP's.
d. Be present, on the project site Monday through Friday
and on all other days when the probability of rain is
forty percent (400) or higher and prior to the start of
and during all grading or clearing operations until the
release of grading bonds.
33. During clearing, grading, earth moving or excavation
operations the developer shall maintain regular watering
operations to control dust. Additionally, the following
measures shall apply:
a. Water all site access roads and material excavated or
graded on or off-site to prevent excessive amounts of
dust. Watering shall occur a minimum of at least two
times daily, preferably in the late morning and after
the completion of work for the day. Additional
watering for dust control shall occur as directed by
the City. The grading plan shall indicate the number
of water trucks that shall be available for dust
control at each phase of grading.
b. Cease all clearing, grading, earth moving, or
excavation operations during periods of high winds
(greater than 15 mph averaged over one hour). The
contractor shall maintain contact with the Air
Pollution Control District (APCD) meteorologist for
current information about average wind speeds.
C. Water or securely cover all material transported off-
site and on-site to prevent excessive amounts of dust.
d. Keep all grading and construction equipment on or near
the site, until these activities are completed.
e. The area disturbed by clearing, grading, earth moving,
or excavation operations shall be minimized to prevent
excessive dust generation.
f. Wash off heavy-duty construction vehicles before they
leave the site.
34. After clearing, grading, earth moving, or excavation
operations, and during construction activities, fugitive
dust emissions shall be controlled using the following
procedures:
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a. When directed by the City Engineer, the Developer shall
take all measures necessary to control wind erosion and
its contribution to local particulate levels.
b. Periodically, or as directed by the City Engineer,
sweep public streets in the vicinity of the site to
remove silt (i.e., fine earth material transported from
the site by wind, vehicular activities, water runoff,
etc.), which may have accumulated from construction
activities.
35. During smog season (May -October) the City shall order that
construction cease during Stage III alerts to minimize the
number of vehicles and equipment operating, lower ozone
levels and protect equipment operators from excessive smog
levels. The City, at its discretion, may also limit
construction during Stage II alerts.
36. Temporary erosion control measures shall be used during the
construction process to minimize water quality effects.
Specific measures to be applied shall be identified in the
project storm water pollution prevention plan. The following
water quality assurance techniques shall be included, but
not limited to the following, as required by Ventura
Countywide Storm Water Quality Management Program, NPDES
Permit No. CAS004002:
a. Minimize removal of existing vegetation.
b. Protect exposed soil from wind and rain.
C. Incorporate silt fencing, berms, and dikes to protect
storm drain inlets and drainage courses.
d. Rough grade contours to reduce flow concentrations and
velocities to the extent possible.
e. Divert runoff from graded areas, using straw bale,
earth, and sandbag dikes.
f. Phase the grading to minimize soil exposure during the
October through April rainy season.
g. Install sediment traps or basins.
h. Maintain and monitor erosion/sediment controls.
37. To minimize the water quality effects of permanent erosion
sources, the following design features shall be incorporated
into the project -grading plan to the satisfaction of the
City Engineer. The features shall comply with Best
Management Practices features including, but not limited to
the following:
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a. Drainage swales, subsurface drains, slope drains, storm
drain inlet/outlet protection, and sediment traps.
b. Check dams to reduce flow velocities.
C. Temporary and permanent vegetation, including grass -
lined swales.
d. Design of drainage courses and storm drain outlets to
reduce scour.
e. Stabilized construction entrances.
f. Training in best management practices for every
supervisor on the project, including all contractors
and their subcontractors.
38. The developer shall prepare a storm water pollution
prevention plan to address construction impacts from the
project on downstream facilities, environments and
watersheds. A qualified Civil Engineer shall prepare this
plan. The proposed plan shall also address all relevant
NPDES requirements and recommendations for the use of best
available technology. The storm water pollution prevention
plan shall be submitted to the City Engineer for review and
shall gain the City Engineer's approval prior to issuance of
grading permits for mass grading.
39. The developer shall prepare a storm water pollution
prevention plan to address long term operational impacts
from the project on downstream facilities, environments and
watersheds. A qualified Civil Engineer shall prepare this
plan. The proposed plan shall also address all relevant
NPDES requirements, maintenance measures, estimated life
spans of best management practices facilities, operational
recommendations and recommendations for specific best
management practices technology. The use of permanent dense
ground cover planting approved by the City Engineer shall be
required for all graded slopes. Methods of protecting the
planted slopes from damage shall be included. Proposed
management efforts during the lifetime of the project shall
include best available technology. The avoidance of the use
of mechanical stormwater treatment facilities such as
clarifiers, separators, filters, absorbents, adsorbents or
similar patented devices is strongly encouraged. Should
there be no alternative to their use, the Developer shall
permanently indemnify the City from all liability or costs
that it may incur through use or maintenance failure, in a
form approved by the City Attorney, City Engineer, and City
Manager at their discretion. The use of biological
filtering, bio -remediation, infiltration of prefiltered
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storm water and similar measures that operate without annual
maintenance intervention, that are failsafe, that, when
maintenance is needed, will present the need for maintenance
in an obvious fashion and which will be maintainable in a
cost effective and non -disruptive fashion is required. The
storm water pollution prevention plan shall be submitted to
the City Engineer for review and shall gain the City
Engineer's approval prior to issuance of grading permits for
mass grading.
40. The following mitigation measures shall be implemented
during all construction activities throughout build out of
the project to minimize the impacts of project -related noise
in the vicinity of the proposed project site:
a. Construction activities shall be limited to between the
following hours: a) 7:00 a.m. to 7 p.m. Monday through
Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday.
Construction work on Saturdays shall require pre -
approval by the City Engineer and payment of a premium
for City inspection services and may be further
restricted or prohibited should the City receive
complaints from adjacent property owners. No
construction work shall be done on Sundays and City
observed holidays pursuant to Section 15.26.010 of the
Municipal Code.
b. Truck noise from hauling operations shall be minimizes
through establishing hauling routes that avoid
residential areas and requiring that "Jake Brakes" not
be used along the haul route within the City. The
hauling plan shall be identified as.part of the grading
plan and shall be approved by the City Engineer.
C. The Developer shall ensure that construction equipment
is fitted with modern sound -reduction equipment.
d. Stationary noise sources that exceed 70 dBA of
continuous noise generation (at 50 feet) shall be
shielded with temporary barriers if existing residences
are within 350 feet of the noise source.
e. Designated parking areas for construction worker
vehicles and for materials storage and assembly shall
be provided. These areas shall be set back as far as
possible from or otherwise shielded from existing
surrounding rural residential neighborhoods.
f. Property owners and residents located within 600 feet
of the project site, shall be notified in writing on a
monthly basis of construction schedules involving major
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grading, including when clearing and grading is to
begin. The project developer shall notify adjacent
residents and property owners by Certified Mail -Return
Receipt Requested of the starting date for removal of
vegetation and commencement of site grading. The
content of this required communication shall be
approved by the City Engineer in advance of its mailing
and the return receipts, evidencing United States mail
delivery, shall be provided to the Engineering
Department.
41. The Developer shall submit to the City of Moorpark for
review and approval, a rough grading plan, consistent with
the approved Tentative Map, prepared by a California
Registered Civil Engineer, shall enter into an agreement
with the City of Moorpark to complete all on-site and off-
site public improvements and shall post sufficient surety
guaranteeing the construction of all public improvements.
42. The final grading plan shall meet all UBC and City of
Moorpark standards including slope setback requirements at
lot lines, streets and adjacent to offsite lots.
43. Concurrent with submittal of the rough grading plan a Storm
Water Pollution Prevention Plan shall be submitted to the
City for review and approval by the City Engineer. The
design shall include measures for irrigation and
hydroseeding on all graded areas when required by the City
Engineer. Reclaimed water shall be used for dust control
during grading, if available from Ventura County Waterworks
District No. 1.
44. The entire site shall be graded to within 0.25 feet of
ultimate grade at the same time. Pads shall be graded,
planted and landscaped to the satisfaction of the Community
Development Director and City Engineer.
45. The maximum gradient for any slope shall not exceed a 2:1
slope.
46. All permanently graded slopes shall be planted with
groundcover, trees and shrubs that shall stabilize slopes
and minimize erosion or alternative measures to the
satisfaction of the Community Development Director and the
City Engineer.
47. So as to reduce debris from entering sidewalk and streets,
the approved grading plan shall show a slough wall,
approximately 18 inches high, with curb outlet drainage to
be constructed behind the back of the sidewalk where slopes
exceeding 4 feet in height are adjacent to sidewalk. The
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Developer shall use the City's standard slough wall detail
during the design and construction. The City Engineer and
Community Development Director shall approve all material
for the construction of the wall.
48. Backfill of any pipe or conduit shall be in 4" fully
compacted layers unless otherwise specified by the City
Engineer.
49. Soil testing for trench compaction shall be performed on all
trenching and shall be done not less than once every 2 feet
of lift and 100 lineal feet of trench excavation.
50. Observe a 15 -mile per hour speed limit for the construction
area.
Geotechnical/Geology Conditions:
51. The Developer shall submit to the City of Moorpark for
review and approval, a detailed Geotechnical Engineering
report certified by a California Registered Civil Engineer.
The geotechnical engineering report shall include an
investigation with regard to liquefaction, expansive soils,
and seismic safety. The Developer shall also provide a
report that discusses the contents of the soils as to the
presence or absence of any hazardous waste or other
contaminants in the soils. Note: Review of the geotechnical
engineering report(s) by the City's Geotechnical Engineer
shall be required. The Developer shall reimburse the City
for all costs including the City's administrative fee for
this review.
52. All recommendations included in the approved geotechnical
engineering report shall be implemented during project
design, grading, and construction in accordance with the
approved project. The City's geotechnical consultant shall
review all plans for conformance with the soils engineer's
recommendations. Prior to the commencement of grading plan
check, the Developer's geotechnical engineer shall sign the
plans confirming that the grading plans incorporate the
recommendations of the approved soils report(s).
Street Recruirements:
53. The Developer shall submit to the City of Moorpark for
review and approval, plans for street improvements as shown
on the tentative map, those required by these conditions and
full width on and off site improvements to the street which
lays on the southerly line of the development, from Miller
Parkway to a point approximately 400 feet east of Miller
Parkway. The street improvement plans shall be prepared by a
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Vesting Tentative Tract Map No. 5321
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Page 44
California Registered Civil Engineer and the Developer shall
enter into an agreement with the City of Moorpark to
complete public improvements and shall post sufficient
surety guaranteeing the construction of all improvements.
Public streets shall conform to City of Moorpark
requirements or the California Department of Transportation
Standards (most recent version), as deemed applicable and
including all applicable ADA requirements.
54. The street right-of-way improvements shall include adequate
pavement for vehicle turnouts into the project, controlled
access exiting the project, in addition to concrete curb and -
gutter, parkways, new streetlights, and street signing to
the satisfaction of the City Engineer. The City Engineer and
the Community Development Director shall approve all
driveway sizes, locations and configurations. The Developer
shall acquire and dedicate any additional right-of-way
necessary to make all of the required improvements.
55. All streets shall conform to the design requirements of the
Ventura County Road Standards (most recent revision), unless
noted otherwise in these conditions of approval. The street
Improvements shall be to the satisfaction of the City
Engineer and as follows:
a. Miller Parkway (from a point 100' south of the
extension of the south line of the project to the south
right-of-way line of Los Angeles Avenue)
i. Miller Parkway approaching New Los Angeles Avenue:
The existing raised center median shall remain and
Developer shall maintain existing widths of all
lanes, sidewalks and parkways-. Provide a 11 -i -inch
thick asphalt rubber hot mix overlay. The center
medians shall be trimmed back, if necessary, to
accommodate the ADA ramp alignments.
ii. Miller Parkway at the intersection with the
southerly access roadway (herein designated as "A"
Street): This intersection shall be fully
signalized and all curb -return radii and raised
medians shall accommodate turning requirements for
a California semi trailer truck. The extent of
improvements along "A" Street, in order to
restrict vehicular ingress and egress movements,
shall be coordinated with the development of the
parcel southerly of this project. Construct loop
detector circuits and activate "A" Street signals
to the satisfaction of the City Engineer.
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iii. For ingress and egress at the driveway between "A"
Street and New Los Angeles Avenue: The Developer
shall provide 12 -feet wide travel right in and
right out only lanes.
b. New Los Angeles Avenue:
i. The Developer shall submit to Caltrans for review
and approval, street improvement plans prepared by
a California Registered Civil Engineer and shall
post sufficient surety guaranteeing the
construction of the improvements. Concurrent
submittals shall be made to the City Engineer for
review. A copy of all final approved Caltrans
permits shall be forwarded to the City Engineer.
An encroachment permit shall be obtained from
Caltrans prior to construction of any proposed
roadway or other improvements within their right-
of-way. Any additional right-of-way required to
implement the approved design for this work in
their right-of-way, including slope easements for
future grading, shall be acquired by the Developer
and dedicated to the State in a manner acceptable
to Caltrans and the City Engineer. All required
dedications shall be illustrated on the Final Map.
Proof of encroachment or other non -City permits
and bonds shall be provided to the City Engineer
prior to the start of any grading or construction
activities.
ii. New Los Angeles Avenue along the project boundary:
The Developer shall provide a signalized
intersection at the northerly entrance to the
project site and provide plans and permits
approved by Caltrans. The left -turn pocket into
the project shall be a minimum of 260 feet or
longer if approved by Caltrans plus appropriate
transitions.
iii. New Los Anaeles Avenue Eastbound Lanes alona the
project boundary: The Developer shall provide
plans and permits approved by Caltrans for
improvements to New Los Angeles Avenue eastbound
lanes along the project boundary. The plans shall
provide for four 12 -feet wide eastbound lanes to
250 feet east of the easterly curb return of New
Los Angeles Avenue and the driveway entrance into
the project from Los Angeles Avenue with a 90 -to -1
taper east of that point, one 8 -feet wide bike
Resolution No. 2002-1952
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Vesting Tentative Tract Map No. 5321
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lane and one 12 -feet wide deceleration lane into
the project entrance, which shall be 460 feet long
plus appropriate transitions (bike lane to be 4 -
feet wide adjacent to right -turn lane). Lane
widths shall also include such additional widths
as may be appropriate or required by City and
Caltrans.
iv. New Los Angeles Avenue Westbound Lanes along the
project boundary: The Developer shall provide
plans and permits approved by Caltrans. The plans
shall provide for three 12 -feet wide through
lanes, one 12 -feet wide left -turn lane into the
development driveway on New Los Angeles Avenue and
one 8 -feet wide bike lane adjacent to through
lanes and 4 -feet wide adjacent to turn lane. The
median shall be 12 feet minimum in width with no
less than 28 feet in width shadowing the left -turn
pockets. At the intersection with Science
Drive/Miller Parkway, Developer shall provide two
12 -feet wide left -turn only lanes and reconstruct
interfering portions of existing improvements as
is necessary. Lane widths shall also include such
additional widths as may be appropriate or
required by City and Caltrans.
C. "A" Street:
i. "A" Street shall be a minimum of 52 feet in width
and two 12 -feet wide travel lanes shall be
provided in each direction. A raised median with a
minimum width of 4 feet and a.12 -feet wide shadow
for the left -turn lane shall be provided along the
portion of "A" Street to be constructed by the
developer. Construction of "A" Street will extend
a minimum of 400 feet into the site from the
centerline of Miller Parkway to the satisfaction
of the City Engineer and Fire Protection District.
d. Driveway Entrances into the Project:
i. All proposed project entrances shall be aligned as
near to perpendicular to the project boundary
lines as possible. Where this is not possible, the
sum of the differences of the curb return delta
angles from 90 degrees, shall not exceed 10
degrees.
ii. All curb return radii shall accommodate turning
requirements for a California semi -trailer truck.
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iii. The northerly entrance at New Los Angeles Avenue
shall provide for two 12 -feet wide entrance lanes,
two 12 -feet wide left -turn egress lanes, one 12 -
feet wide right -turn only lane and a 4 -feet wide
median from New Los Angeles Avenue to a point
approximately 200 feet to the south.
iv. The access driveway connection to "A" Street
southwest of Building A shall be completed to the
satisfaction of the City Engineer.
V. The driveway entrance at the driveway between "A"
Street and New Los Angeles Avenue shall be a
minimum of 30 feet wide and provide two 12 -feet
wide travel lanes and a minimum 4 -foot wide
median. Curb return radii shall be 45 -feet.
e. All Streets: The structural section for all public
streets shall be designed for a 50 -year life. The top
asphalt course of all newly constructed public streets
shall consist of no less than 11i inch of asphalt rubber
hot mix.
56. Street lights shall be provided on the improvement plans per
Ventura County Standards and as approved by the City
Engineer. The Developer shall pay all energy costs
associated with public street lighting for a period of one
year from the acceptance of the street improvements.
57. In accordance with Business and Professions Code 8771, the
street improvement plans shall provide for a surveyors
statement on the plans certifying that all recorded
monuments in the construction area have been located and
tied out or shall be protected in place during construction.
58. The Developer shall submit wall and landscaping plans
showing that provisions have been taken to provide for and
maintain proper sight distances. The plans shall be required
with the site grading plans for the review by, and to the
satisfaction of the City Engineer.
59. Monuments shall meet the City of Moorpark, County of Ventura
Standards and shall be to the satisfaction of the City
Engineer. All street centerline intersections shall be
monumented.
60. Pedestrian facilities shall meet all City and ADA
requirements, and shall be safe and visible from vehicle and
pedestrian traffic along all streets.
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61. The Developer shall dedicate vehicular access rights to the
City of Moorpark along New Los Angeles Avenue and Miller
Parkway.
62. Prior to recordation of final maps, proposed street names
shall be submitted to the Fire District's Communications
Center for review and approval. Street name signs shall be
installed in conjunction with the road improvements. The
type of sign shall be in accordance with Plate F-4 of the
Ventura County Road Standards.
Mitigation of Traffic Impacts:
63. Prior to the issuance of a Zoning Clearance for building
permit, the Developer shall pay the City a TSM Fee,
consistent with the Final EIR for the Carlsberg Amended
Specific Plan or the formula in effect at the time the
Zoning Clearance for building permit is requested, whichever
fee is greater.
64. Developer shall participate in intersection improvements for
Los Angeles Avenue/Spring Road. The level of participation
shall be to the requirements of the City Council Resolution
No. 94-1061. Prior to final map approval, a traffic report
shall be provided by the Developer that shall determine the
extent of the impact to this intersection.
65. As a condition of the issuance of a building permit for each
commercial use, the developer shall be required to pay City
the Tierra Rejada/Spring Road Area of Contribution (AOC)
Fee. The AOC Fee shall be the dollar amount in effect at
the time of the payment of the fee. Institutional uses
shall pay on the same basis as commercial uses, except that
institutional uses which are exempt from secured property
taxes shall be exempt from the fee.
Drainage Requirements:
66. The Developer shall submit to the City of Moorpark for
review and approval, drainage plans; hydrologic and
hydraulic calculations prepared by a California Registered
Civil Engineer; shall enter into an agreement with the City
of Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements. The plans shall depict all on-site and off-
site drainage structures required by the City. The drainage
plans and calculations shall demonstrate that the following
conditions shall be satisfied before and after development:
a. Quantities of water, water flow rates, major
watercourses, drainage areas and patterns, diversions,
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collection systems, flood hazard areas, sumps, sump
locations, detention facilities, and drainage courses.
Hydrology shall be per the current Ventura County Flood
Control Standards except as follows:
i. All storm drains shall carry a 50 -year frequency
storm;
ii. All catch basins shall carry a 50 -year storm;
iii. All catch basins in a sump condition shall be
sized such that depth of water at intake shall
equal the depth of the approach flows;
iv. All culverts shall carry a 100 -year frequency
storm.
b. "Passive" Best Management Practices drainage facilities
shall be provided such that surface flows are
intercepted and treated on the surface over biofilters
(grassy swales), infiltration areas and other similar
solutions. Should there be no feasible alternative to
the use of mechanical treatment facilities, Developer
shall provide a vehicle to permanently indemnify the
City from all liability or costs that it may incur
through use or maintenance failure.
C. Under a 50 -year frequency storm collector streets shall
have a minimum of one dry travel lane in each
direction.
d. Drainage to adjacent parcels or the Public Right -of -Way
shall not be increased or concentrated by this
development. All drainage measures necessary to
mitigate storm water flows including onsite detention
shall be provided to the satisfaction of the City
Engineer.
e. Drainage grates shall not be used in any public right-
of-way, private right-of-way or in any location
accessible to pedestrians.
f. All flows that have gone through flow attenuation and
clarification by use of acceptable BMP systems and are
flowing within brow ditches, ribbon gutters, storm
drain channels, area drains and similar devices shall
be deposited directly into the storm drain system and
shall be restricted from entering streets. If
necessary, the storm drain system shall be extended to
accept these flows. Both storm drains and easements
outside the public right-of-way shall be privately
maintained. Drainage for the development shall be
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designed and installed with all necessary appurtenances
to safely contain and convey storm flows to their final
point of discharge, subject to review and approval of
the City Engineer. Downstream storm drain systems may
lack capacity. Developer shall demonstrate, to the
satisfaction of the City Engineer, downstream
facilities shall not be adversely impacted.
g. Developer shall demonstrate that developed storm water
runoff shall not exceed pre -developed runoff.
67. The Developer shall demonstrate for each building pad area
that the following restrictions and protections shall be put
in place to the satisfaction of the City Engineer:
a. Adequate protection from a 100 -year frequency storm.
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura
County Flood Control Standards.
68. Development shall be undertaken in accordance with
conditions and requirements of the Ventura Countywide Storm
water Quality Management Program, NPDES Permit No.
CAS004002.
69. Landscaped areas shall be designed with efficient irrigation
to reduce runoff and promote surface filtration and minimize
the use of fertilizers and pesticides, which can contribute
to urban runoff pollution. Parking and associated drive
areas with 5 or more spaces shall be designed to minimize
degradation of storm water quality. Best Management
Practices landscaped areas for infiltration and biological
remediation or approved equals, shall be installed to
intercept and effectively prohibit pollutants from
discharging to the storm drain system. The design shall be
submitted to the City Engineer for review and approval prior
to the issuance of a building permit.
70. All structures proposed within the 100 -year flood zone shall
be elevated at least one foot above the 100 -year flood
level.
71. The Developer shall provide for all necessary on-site and
off-site storm drain facilities required by the City to
accommodate upstream and on-site flows. Facilities, as
conceptually approved by the City, shall be delineated on
the final drainage plans. Either on-site detention basins or
storm water acceptance deeds from off-site property owners
shall be specified and provided on the plans.
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72. The Developer shall demonstrate and certify to the
satisfaction of the City Engineer that all existing storm
drain culverts within the site shall perform in an
acceptable manner based on their intended design and the
proposed increase/decrease of loading conditions,
introduction of surface water within subsurface areas that
may affect the culvert and proposed construction. This
especially includes cast -in-place concrete pipe (CIPP).
73. The Developer shall provide engineering reports that
existing detention and other storm drain facilities that
were previously designed to include this site m-eet current
requirements.
74. Prior to approval of plans for NPDES Facilities, the
Developer shall provide to the satisfaction of the City
Engineer, engineering and geotechnical reports to prove, ,
that all NPDES facilities meet their intended use and
design. These facilities shall meet the minimum requirements
relating to water retention and clarification.
75. The design of the storm drain system shall provide for
adequate width easements for future maintenance and
reconstruction of facilities particularly those facilities
that are deeper than 8 feet. In addition all facilities
shall have all-weather vehicular access. This design shall
be to the satisfaction of the City Engineer.
National Pollutant Discharge Elimination System (NPDES)
Requirements:
76. Prior to the issuance of any construction/grading permit
and/or the commencement of any clearing, grading or
excavation, the Developer shall submit a Storm Water
Pollution Control Plan (SWPCP) to the satisfaction of the
City Engineer.
77. The SWPCP shall be developed and implemented in accordance
with requirements of the Ventura Countywide Storm Water
Quality Management Program, NPDES Permit No. CAS004002.
78. The SWPCP shall identify potential pollutant sources that
may affect the quality of discharges to storm water and
shall include the design and placement of recommended Best
Management Practices (BMPs) to effectively prohibit the
entry of pollutants from the construction site into the
storm drain system.
79. Improvement plans shall note that the contractor shall
comply to the "California Storm Water Best Management
Practice Handbooks."
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80. Prior to the issuance of any construction/grading permit
and/or the commencement of any clearing, grading or
excavation, the Developer shall also submit a Notice of
Intent (NOI) to the California State Water Resources Control
Board, Storm Water Permit Unit in accordance with the NPDES
Construction General Permit (No. CASQ00002): Waste Discharge
Requirements for Discharges of Storm Water Runoff Associated
with Construction Activities). The Developer shall comply
with all requirements of this General Permit including
preparation of a Storm Water Pollution Prevention Plan
(SWPPP) . _
81. The Developer shall obtain a permit from the State Water
Resources Control Board for "All storm water discharges
associated with a construction activity where clearing,
grading, and excavation results in land disturbances of five
or more acres." The Developer shall submit a copy of the
Notice of Intent (NOI) to the City Engineers office as proof
of permit application.
82. The Developer shall also comply with NPDES objectives as
outlined in the ""Storm Water Pollution Control Guidelines
for Construction Sites."
83. Prior to Final Map approval, Developer shall provide
facilities to comply with NPDES requirements.. Runoff from
developed areas shall be diverted to detention basins,
"passive -devices" or other passive Best Management Practices
(BMP's) to the satisfaction of the City Engineer. A
California registered civil engineer shall propose and
design these devices as part of the drainage improvement
plans for the project. Provisions shall be made by the
Developer to provide for maintenance in perpetuity.
84. Prior to City issuance of the initial grading permit, the
Developer shall obtain all necessary NPDES related permits.
The grading permits issued for the development shall require
Developer to provide schedules and procedures for onsite
maintenance of earthmoving and other heavy equipment and
documentation of proper disposal of used oil and other
lubricants. The onsite maintenance of all equipment that
can be performed offsite shall not be allowed.
85. The project construction plans shall state that the
Developer shall comply with the "California Storm Water Best
Management Practice Handbooks" - Best Management Practices
(BMPs) applicable to the development and to the satisfaction
of the City Engineer. Said requirements shall include the
following:
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a. All onsite storm drain inlets shall be labeled "Don't
Dump Drains to Arroyo."
b. No outdoor vehicle maintenance shall be allowed.
C. The entire project site and any off-site improvement
areas shall be maintenance free of litter and debris.
d. All onsite storm drains shall be cleaned, using
approved methods, at least twice a year, once
immediately prior to October 1, the rainy season, and
once in January. Water flushing is not an approved
method for cleaning. -
e. All sidewalks, walkways, and parking areas shall be
swept regularly to prevent the accumulation of litter
and debris from entering the storm drain. No cleaning
agent shall be discharged into a storm drain system.
If any cleaning agent or degreaser is used, wash water
shall not be discharged to the storm drain but shall be
discharged to the sanitary sewer. Discharges to the
sanitary sewer are subject to the review and approval
of the County Waterworks District No. 1.
f. The City shall require that "passive" devices and,BMP's
be used to comply with NPDES water quality
requirements. The Developer shall provide the City with
a Maintenance Program for such devices. The Operation
and Easement Agreement shall include a requirement that
the Developer/Property Owner(s) shall maintain, in
perpetuity, such devices in a manner consistent with
specific requirements to be detailed within the
Maintenance Program.
86. The underground sediment removal system shown on the section
labeled "underground NPDES Detail" and on the plan view of
the tentative map shall be relocated to prevent soil
moisture increase at or near existing storm drains.
Utilities:
87. Utilities, facilities and services for CPD 2001-01 shall be
extended and/or constructed in conjunction with its phased
development by the Developer as the project proceeds. Any
work within the City right-of-way shall require an
encroachment permit.
88. All existing, relocated and new utilities shall be placed
underground.
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Acctnisition of Easements and Right of Wa
89. Any right-of-way acquisition necessary to complete the
required improvements shall be acquired by the Developer at
his/her expense. If any of the improvements which the
Developer is required to construct or install are to be
constructed or installed upon land in which the Developer
does not have title or interest sufficient for such
purposes, the Developer shall do all of the following at
least 60 days prior to the filing of any Phase of the Final
Map for approval pursuant to Governmental Code Section
66457.
a. Notify the City of Moorpark (hereinafter "City") in
writing that the Developer wishes the City to acquire
an interest in the land, which is sufficient for the
purposes as provided in Governmental Code Section
66462.5.
b. Upon written direction of the City supply the City
with.
i. A legal description of the interest to be
acquired.
ii. A map or diagram of the interest to be acquired
sufficient to satisfy the requirements of
subdivision (e) of Section 1250.310 of the Code of
Civil procedure.
iii. A current appraisal report prepared by an
appraiser approved by the City which expresses an
opinion as to the fair market value of the
interest to be acquired.
iv. A current Litigation Guarantee Report.
C. Enter into an agreement with the City, guaranteed by
such cash deposits or other security as the City may
require, pursuant to which the Developer shall pay all
of the City's cost (including, without limitation,
attorney's fees and overhead expenses) of acquiring
such an interest in the land.
Additional Prior To Final Map Conditions:
90. All areas to be maintained in common shall be incorporated
into a common owner's organization as determined acceptable
by the City.
91. Prior to recordation of the Final Map, the Developer shall
prepare an agreement which indemnifies and holds harmless
the City of Moorpark and its agents from future claims which
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may result from any landslide, subsidence or other adverse
geologic conditions that may occur at this site.
Prior To Zoning Clearance For Grading Conditions:
92. All conditions required prior to Zoning Clearance Approval
shall be complied with.
93. Developer shall obtain approval from the Planning and
Engineering Department for all structures and walls in
excess of 6 feet in height.
94. The Developer shall post sufficient surety guaranteeing
completion of all improvements (i.e., grading, street
improvements, storm drain improvements, landscaping,
fencing, bridges, etc.) or which require removal (i.e.,
access ways, temporary debris basins, etc.) in a form
acceptable to the City. The surety shall include provisions
for all site improvements within the development and other
off-site improvements required by the conditions as
described herein.
Prior To Zoning Clearance For Building Permit Conditions:
95. As -Graded geotechnical report and rough grading
certification shall be submitted to and approved by the City
Engineer and Geotechnical Engineer.
96. Prior to Zoning Clearance, the Developer shall make a
special contribution to the City representing the
Developer's pro -rata share of the cost of improvements at
Los Angeles Avenue/Moorpark Avenue ($165,000). The actual
contribution (pro -rata share shall be based upon the
additional traffic added to the intersection. The
Developer's traffic engineer shall provide the City Engineer
a "Fair Share Analysis" of the projects added traffic for
calculation of the pro -rata ("fair share") amount.
Prior To Zoning Clearance For Occupancy Conditions:
97. A final grading certification shall be submitted to and
approved by the City Engineer.
98. All permanent NPDES Best Management Practices facilities
shall be operational.
Prior To Acceptance Of Public Improvements And Bond Exoneration
Conditions:
99. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
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100. The Developer shall file for a time extension with the City
Engineer's office at least six weeks in advance of
expiration of the agreement to construct subdivision
improvements. The fees required shall be in conformance
with the applicable ordinance section.
101. All surety guaranteeing the public improvements shall remain
in place for one year following acceptance by the City. Any
surety that is in effect three years after Zoning Clearance
approval or issuance of the first building permit shall be
increased an amount equal to or greater than the consumers
price index (Los Angeles/Long Beach SMSA) for a period since
original issuance of the surety and shall be increased in
like manner each year thereafter.
102. Original "as built" plans shall be certified by the
Developer's civil engineer and submitted with two sets of
blue prints to the City Engineer's office. Although grading
plans may have been submitted for checking and construction
on sheets larger than 22" X 36", they must be resubmitted as
"as built" in a series of 22" X 36" mylars (made with proper
overlaps) with a title block on each sheet. Submission of
"as built" plans is required before a final inspection shall
be scheduled. Electronic files shall be submitted for all
improvement plans in a format to the satisfaction of the
City Engineer. In addition, Developer shall provide. an
electronic file update on the City's Master Base Map
electronic file, incorporating all storm drainage, water and
sewer mains, lines and appurtenances and any other utility
facility available for this project.
Monitoring: -
103. The Developer shall certify to the satisfaction of the City
Engineer that the recommendations in the reports are adhered
to prior to the issuance of a grading permit.
104. Prior to Zoning Clearance and/or occupancy, the Department
of Community Development and the City Engineer shall ensure
that the conditions have been satisfied.
105. The following shall be included in the requirements for the
permitted use of the property. The City shall periodically
review the site for conformance. Repeated violations of
these requirements shall be cause of revocation of the
permit use.
a. All property areas shall be maintained free of
litter/debris.
b. All on-site storm drains shall be cleaned at least
twice a year, once immediately prior to October 1st
319
Resolution No. 2002-1952
Commercial Planned Development Permit No. 2001-01
Vesting Tentative Tract Map No. 5321
Zelman Retail Partners, Inc.
Page 57
(the rainy season) and once in January. Additional
cleaning may be required by the City Engineer.
C. Parking lots and drive-throughs shall be maintained
free of litter/debris. Sidewalks, parking lots and
drive -troughs shall be swept regularly to prevent the
accumulation of litter and debris. When swept or
washed, debris shall be trapped and collected to
prevent entry to the storm drain system. No cleaning
agent shall be discharged to the storm drain. If any
cleaning agent or degreaser is used, wash water shall
not discharge to the storm drains; wash water shall be
collected and discharged to the sanitary sewer.
Discharges to the sanitary sewer are subject to the
review, approval, and conditions of the wastewater
treatment plant receiving the discharge.
d. All exterior metal building surfaces, including
roofing, shall be coated or sealed with rust inhibitive
paint to prevent corrosion and release of metal
contaminants into the storm drain system.
e. Landscaping shall be properly maintained with efficient
irrigation to reduce runoff and promote surface
filtration and minimize the use of fertilizers and
pesticides which can contribute to urban runoff
pollution.
f. Trash enclosures and/or recycling area(s) shall be
covered. All litter/waste material shall be kept in
leak proof containers. The area shall be paved with
impermeable material. No other area shall drain onto
these areas including rainwater. There shall be no
drain connected from the trash enclosure area to the
storm drain system. However, the drain from the trash
enclosure shall be connected to the sanitary sewer and
have an automatic seal that shall preclude any escape
of gases or liquids from the sewer connection.
On-site Improvement Conditions:
106. On-site private streets, aisles, parking areas, curb, gutter
sidewalk, drainage facilities and all other civil facilities
shall be designed and constructed in accordance with the
requirements for public streets and public facilities.
Grading and Improvement Construction Prior to Recording
Final Map:
107. Developer, at its sole cost and expense, may construct those
improvements related to grading, storm drains, water,
320
Resolution No. 2002-1952
Commercial Planned Development Permit No. 2001-01
Vesting Tentative Tract Map No. 5321
Zelman Retail Partners, Inc.
Page 58
streets, landscaping, erosion and sedimentation control,
sewer, and dry utilities shown on the approved Plans
(hereinafter referenced as "Improvements"). Developer shall
conform to all conditions of grading and construction (prior
to and during) as approved with VTTM 5321 and this
Agreement. The extent of improvements for, and the boundary
of, the Project shall be subject to the review and written
approval of the City Engineer and the Community Development
Director. The improvement requirements are described as
follows:
a. Grading (as shown on drawing numbers to be determined).
b. Erosion control measures (as shown on drawing numbers
to be determined) as well as all other best management
plan measures that are, or may be, required under the
requirements of the Ventura County Municipal Storm
Water NPDES Permit (Board Order No. 00-108; NPDES
Permit No. CAS004002).
C. Street Improvement Plans sheets (as shown on drawing
numbers to be determined).
d. Storm drain plans (as shown on drawing numbers to be
determined).
e. Completion of:
i. The grading and improvements (as shown on drawing
numbers to be determined).
ii. The conditions of approval of Vesting Tentative
Tract Map No. 5321.
iii. The requirements and conditions of all other city,
County, State and all other public or private
agency approvals and permits that pertain to said
tract.
108. No clearing, grading, erosion control or installation of
temporary or permanent irrigation, landscape, hardscape or
related structures or construction of improvements of sewer,
water, storm drain, streets, or dry utilities shall occur
until the City Engineer and the Community Development
Director provide written concurrence that all requirements
have been fulfilled for the phase of construction under
consideration.
109. Developer shall pay all plan check and inspection fees, case
processing fees and deposits per the City's fee/deposit
schedule in effect at the time that review is provided by
the City. Developer shall also process and obtain City,
County, State and all other public or private agency
321
Resolution No. 2002-1952
Commercial Planned Development Permit No. 2001-01
Vesting Tentative Tract Map No. 5321
Zelman Retail Partners, Inc.
Page 59
approvals and permits for any work to be performed within
their respective properties or areas of interest. City
approval of the Plans does not warrant that other public
agency requirements or standards have been met. It is the
Developer's responsibility to satisfy all requirements of,
and to obtain the written approval for each phase from all
public agencies having jurisdiction and to provide
verification to the City Engineer and the Community
Development Director of such prior to commencement of the
work allowed by this Agreement.
Chanaes In Plans for Earlv Gradina and Improvement Construction:
110. All the Improvements shall be constructed in accordance with
the Plans as noted previously on these conditions, all
applicable City standards and regulations, all applicable
conditions required for VTTM 5321 and all accepted
construction practices, as determined by the City Engineer,
without exception. Developer warrants that the Plans, as
originally submitted by Developer, accomplish the work
covered by this Agreement. Developer shall complete all
work performed under this Agreement in accordance with the
Plans.
111. Should the Plans prove to be inadequate in any respect, as
determined by City in its sole discretion, then Developer
shall make such changes as are necessary to ensure, to the
satisfaction of the City Engineer, that such Improvements
are performed in accordance with said City standards and
regulations in effect at the time of construction of the
improvements of VTTM 5321, said accepted construction
practices, and approved Conditions of VTTM 5321.
Surety Bonds:
112. Prior to commencement of any phase of work under this
Agreement, Developer shall furnish to City valid and
sufficient bonds, executed by a corporation authorized to
transact business in the State of California on forms
approved by City and with Developer as principal, for the
completion and maintenance of the Improvements in accordance
with this Agreement. The Developer shall file with the
City, security for the faithful performance of the
Improvements to be constructed by Developer and separate
security (except for grading and monuments) for payment of
laborers and materialsmen who furnish labor or materials to
those improvements. Each security shall be good and
sufficient on forms approved by the City. Should any surety
become insufficient in the opinion of the City, Developer
shall increase said surety, in an amount satisfactory to
322
Resolution No. 2002-1952
Commercial Planned Development Permit No. 2001-01
Vesting Tentative Tract Map No. 5321
Zelman Retail Partners, Inc.
Page 60
.City, within ten (10) days after receiving written notice
from City, which notice can be given at any time by City.
113. Without notice and until exonerated by the City Council,
each surety shall be renewed on a yearly basis and shall be
increased in an amount equivalent to the increase, if any,
in the Consumer Price Index - All Urban Consumers - Greater
Los Angeles Area for the twelve (12) months that end three
(3) months prior to the month in which the bond is renewed.
All of the obligations of Developer under this Agreement
shall be met to the satisfaction of City prior to
exoneration of all of the bonds. All premiums and costs
related to provision of the bonds required by this Agreement
shall be the responsibility of Developer.
Time for Completion:
114. Developer shall complete the Improvements no later than two
years after start of work, but in no event prior to first
occupancy. All Improvements shall be completed to City's
satisfaction prior to City acceptance and
reduction/exoneration of sureties. All Improvements shall
be completed to the City's satisfaction prior to City
acceptance and reduction/exoneration of sureties.
Final Inspection:
115. The City Engineer or his/her duly authorized representative,
upon request of Developer, shall inspect the Improvements.
As the City determines Improvements have been constructed in
accordance with the provisions of this Agreement, City shall
accept the Improvements as complete.
116. Developer agrees to pay for all inspection services
performed on behalf of City and for the consulting soils
engineer and geologist hired by the City. Developer agrees
that no final inspection will be made by the City Engineer
until City receives full payment for all related City
inspection services, consulting soils engineer and geologist
services together with the cost of the time incurred by the
City Engineer, City Attorney, Public Works Director, and
other City staff in connection therewith.
Protection Of Project Site:
117. At all times during the construction of Improvements,
Developer shall take all such precautions as may be
necessary to limit access to the site to authorized persons
only and to protect the site from all members of the public
and protect all public and adjacent private property from
debris and damage.
323
Resolution No. 2002-1952
Commercial Planned Development Permit No. 2001-01
Vesting Tentative Tract Map No. 5321
Zelman Retail Partners, Inc.
Page 61
Guarantee Of Inmrovements:
118. Developer shall guarantee against defective plans, labor and
materials for a period of one year following City acceptance
of the Improvements as complete.
119. In the event any of the Improvements are determined to be
defective within the time provided herein, Developer shall
repair, replace, or reconstruct the defect without delay and
without cost or expense to City and shall pay all City costs
for plan check, inspection and the City's Administrative
Costs related to _this requirement within thirty (30) days
after receipt of City's invoice. Should Developer fail to
act promptly or in accordance with the requirements of this
paragraph, or should the exigencies of the situation require
that repair, replacement or reconstruction work be performed
before Developer can be notified, City may, at its option,
make or cause to be made the necessary repair, replacement
or reconstruction. Developer and its surety shall be
obligated to pay City for the actual cost of such work
together with the City's Administrative Costs.
120. Developer shall keep accurate records on a set of blue lined
prints of all City approved additions to and deletions from
the work, and of all changes in location, elevation and
character of the work, not otherwise shown or noted on the
Plan. Prior to the City's inspection and acceptance of the
Improvements, Developer shall transfer this information to a
final set of record drawings and deliver them to the City
Engineer for final approval and retention.
121. Prior to commencement of any work under this Agreement,
Developer shall file with the City Engineer a written
statement signed by the Developer and each public utility
serving VTTM 5321 stating that the Developer has made all
arrangements required and necessary to provide the public
utility service to VTTM 5321. For purposes of this
paragraph, the term "public utility" shall include, but not
necessarily be limited to, a company providing natural gas,
water, sewer, electricity, telephone and cable television.
122. In the event that the Developer fails to perform any
obligations hereunder, Developer agrees to pay all costs and
expenses incurred by City in securing performance of such
obligations, in addition to cost of any resulting legal
action and reasonable attorney's fees.
123. City may serve written notice upon Developer and Developer's
surety of any breach of any portion of these conditions of
approval for this tract . map regarding grading and
324
Resolution No. 2002-1952
Commercial Planned Development Permit No. 2001-01
Vesting Tentative Tract Map No. 5321
Zelman Retail Partners, Inc.
Page 62
construction of improvements prior to recording a final map
for this tract and the default of Developer if any of the
following occur:
a. Developer refuses or fails to prosecute the Work, or
any severable part thereof, with such diligence as will
insure its completion within the time specified
b. Developer fails to complete said work within the
required time
C. Developer is adjudged a bankrupt
d. Developer makes a general assignment for the benefit of
Developer's creditors
e. A receiver is appointed in the event of Developer's
insolvency
f. Developer, or any of Developer's officers, agents,
servants or employees violates any of the provisions of
this Agreement.
124. In the event notice is given as specified within these
conditions regarding grading and construction of
improvements prior to recording a final map for this tract,
Developer's surety shall have the duty to take over and
complete the Improvements in accordance with all of the
provisions of this Agreement; provided, however, that if the
surety, within five (5) days after delivery to of such
notice, does not give City written notice of its intention
to so take over and complete the Improvements or does not
commence the performance thereof within twenty (20) days
after notice to City of such election,- City may take over
the Work and prosecute the Improvements to completion, by
contract or by any other method City may deem advisable. In
such event, City, without any liability for so doing, may
take possession of, and utilize in completing the
Improvements, such materials, tools, equipment and other
property belonging to Developer as may be on the site of the
Work necessary therefore. Developer and its surety shall be
obligated to pay City the actual cost of such work together
with the City's Administrative Costs. The rights of City
provided by this paragraph are in addition to and cumulative
to any and all other rights of City as provided by law or
equity, and any election by City to proceed pursuant to the
provisions noted within these conditions herein shall not be
construed as being in lieu of any other such rights.
125. No waiver of any provision of the condtions of approval
regarding grading and construction of improvements prior to
recording a final map for this tract shall be deemed, or
325
Resolution No. 2002-1952
Commercial Planned Development Permit No. 2001-01
Vesting Tentative Tract Map No. 5321
Zelman Retail Partners, Inc.
Page 63
shall constitute, a waiver of any other provision, whether
or not similar; nor shall any such waiver constitute a
continuing or subsequent waiver of the same provision. No
waiver shall be binding, unless executed in writing by the
party making the waiver.
126. Unless otherwise changed, notices required to be given to
Surety Company shall be addressed to the Surety on file with
the City at the time they are accepted by the City.
C. FIRE DEPARTMENT CONDITIONS:
127. Prior to recordation of any final maps, including Final Map
waivers, the Developer shall submit two copies of the map to
the Fire Prevention District for approval.
128. A copy of all recorded maps shall be provided to the Fire
Prevention District within seven (7) days of recordation of
said map.
D. COUNTY OF VENTURA WATERWORK'S DISTRICT CONDITION:
129. The Developer shall comply with the standard procedures for
obtaining domestic water and sewer services for Developer's
projects within the District and comply with the applicable
provisions of the District Rules and Regulations.
326
Resolution No. 2002-1952
Commercial Planned Development Permit No. 2001-01
Vesting Tentative Tract Map No. 5321
Zelman Retail Partners, Inc.
Page 64
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK }
I, Deborah S. Traffenstedt, City Clerk of the City of
Moorpark, California, do hereby certify under penalty of perjury
that the foregoing Resolution No. 2002-1952 was adopted by the
City Council of the City of Moorpark at a regular meeting held on
the 20th day of March, 2002, and that the same was adopted by the
following vote:
AYES: Councilmembers Harper, Mikos, and Wozniak
NOES: Councilmember Millhouse and Mayor Hunter
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 1st
day of May, 2002.
Deborah S. Traffenstedt, City Clerk
(seal)
327
MOORPARK CITY COUNCIL . c r0peCC. 5t-a
AGENDA REPORTa,►,r, ��t }.1�Q.,.*5 _. '--�+ro�sC
Wy __Wilt-"c:t-��
TO: The Honorable City Council
FROM: Mary K. Lindley, Director of Community Service
DATE: October 15, 2002 (CC Meeting of November 6)
SUBJECT: Consider Art In Public Places Project For
Moorpark Marketplace (CPD 2001-01)
BACKGROUND
As a condition of the Commercial Planned Development
Permit, CPD 2001-01, for Tract 5321, Moorpark Marketplace,
the developer (Zelman) was required to prepare and install
a public art project on-site. The approved art project must
be completed prior to the issuance of the first building
occupancy. If the City and developer had agreed to an in -
lieu in place of an art project, the fee would have equaled
$35,767 based on 357,671 square feet of building space.
DISCUSSION
The City's Art in Public Places Committee met on September
9, 2002, to review the Zelman art project. The Committee is
comprised of: two Councilmembers, Clint Harper and Keith
Millhouse; one Parks and Recreation Commissioner, Sandra
Thompson; and two members -at -large, Mary Schwabauer and Jay
Moore. Staff members in attendance included Barry Hogan,
Director of Community Development, and Mary Lindley,
Director of Community Services.
The art project submitted by Zelman consists of a
rectangular fountain of approximately 42 feet in length and
a little over 10 feet in width. The fountain is
incorporated under the arched walls of the food court
arcade. The center of the fountain consists of a long row
of water jets and the walls of the arcade will have vine -
like plants growing up the face.
CC ATTACHMENT 2 328
Honorable City Council
November 6, 2002
Page 2
The Arts in Public Places Committee members had various
comments. Most liked the concept of a fountain. The
consensus of the Committee was that a bronze statue of a
child sitting on the fountain's seat wall would enhance its
visual appeal. Additionally, the Committee felt that
landscaping was needed along the front of the fountain from
the parking lot side to enhance its look and discourage
children from attempting to access the fountain. The
Committee also requested that the water spray from the
fountain be of varied height, that underwater lights be
added to illuminate the water spray, and features be
incorporated in the fountain's seat walls to discourage
skateboarders.
At its meeting on October 9, the City Council indicated
that it wanted to see the store signs removed from the
arcade wall over the fountain. The changes requested by the
Committee and Council have been made and the developer has
submitted a new set of plans, which were provided to the
Council under separate cover.
STAFF RECOI4MENDATION
Approve Zelman's (CPD 2001-01) Art In Public Places project
as submitted.
M:\MLindley\Public Art\rnarketplace art project ccagd.doc 329
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT 1 799 Moorpark Avenue, Moorpark, California 93021
Main City Phone Number (805) 517-6200 1 Fax(805)532-2540 I www.moorparkca.gov
May _, 2014
Steve Welch
7750 Burnett Avenue
Van Nuys, CA 91405
Subject: Permit Adjustment No. 1 To Commercial Planned Development (CPD) 2001-01
(Moorpark Marketplace) to Allow the Removal of an Architectural Feature
(Arched Screen Wall) and Replacement of Fountain Tile at the Food Court at the
Southeast Corner of the Site Located at 888 Los Angeles Avenue on the
Application of Steve Welch for Moorpark Marketplace LLC
Dear Mr. Welch:
We have completed our review of your request for a Permit Adjustment to allow the
removal of an architectural feature (arched screen wall) and replacement of fountain tile at
the food court at the southeast corner of the Moorpark Marketplace. Any change which
would not alter any of the findings pursuant to this title, nor any findings contained in the
environmental document prepared for the permit and _would not have any adverse impact
on surrounding properties, may be deemed a Permit Adjustment and acted upon by the
Community Development Director or designee without a hearing.
Findings Pursuant to Title 17, Chapter 17.44 of the Municipal Code:
1. The revisions referenced above will not alter any of the findings of the original approval
of Commercial Planned Development 2001-01.
2. The proposed revisions will not alter any of the findings in the environmental document
prepared for Commercial Planned Development 2001-01 and will have no adverse
impacts on the environment.
3. The proposed revisions will not have any adverse impact on surrounding properties.
4. The requested Permit Adjustment application meets the submittal criteria set forth in the
Municipal Code.
Approval of Application
The Community Development Director has determined, based upon a review of the
proposed project, a review of Commercial Planned Development 2001-01, the
requirements of the Zoning Ordinance and the above findings that this request for a Permit
Adjustment is hereby APPROVED subject to the following conditions:
CC ATTACHMENT 3
JANICE S. PARVIN ROSEANN MIKOS, Ph.D. KEITH F. MILLHOUSE DAVID POLLOCK MARK VAN DAN 3 0
Mayor Councilmember Councilmember Councilmember Councilmember
Welch, Steve
May _, 2014
Page 2
1. The applicant's acceptance of this permit and/or commencement of construction and/or
operations under this permit is deemed to be acceptance of all conditions of this permit.
2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted
city policies at the time of the permit approval supersede all conflicting notations,
specifications, dimensions, typical sections and the like which may be shown on plans.
3. 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.
4. 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
the permit, which claim, action or proceeding is brought within the time period provided
by the California Code of Civil Procedure Section 1094.6 and Government Code
Section 65009. 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:
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
building permit is ultimately obtained, or final occupancy is ultimately granted with
respect to the permit.
5. If any of the conditions or limitations of this approval are held to be invalid, that holding
shall not invalidate any of the remaining conditions or limitations set forth.
6. All necessary permits shall be obtained from the Building and Safety Division and all
construction shall be in compliance with the Moorpark Building Code and all other
applicable regulations.
7. If any of the conditions or limitations of this approval are held to be invalid, that holding
will not invalidate any of the remaining conditions or limitations set forth.
8. All contractors doing work in Moorpark shall have or obtain a current Business
Registration.
331
Welch, Steve
May _, 2014
Page 3
9. Prior to the issuance of a Zoning Clearance for construction or demolition, the applicant
shall submit a Construction and Demolition Materials Management Plan form to the
satisfaction of the Public Works Senior Management Analyst.
10.A separate sign permit application is required for all proposed signs, all signs must be
consistent with any approved master sign program for the shopping center, which is
subject to the review and approval of the Community Development Director.
11. All exterior materials and colors must be consistent with the approved plans and
specifications approved for the project under this permit adjustment and on file with the
Community Development Department.
12. The applicant shall provide a sample of the proposed tile color and for review and
approval by the Community Development Director, prior to issuance of a Zoning
Clearance for a building permit.
13. Outdoor lighting is subject to review and approval by the Community Development
Director and must comply with Chapter 17.30 of the Zoning Code. All fixtures must
have a full -cutoff design to avoid glare impacts.
14.All Conditions of Approval for Commercial Planned Development 2001-01 are
incorporated by reference in this approval letter and shall continue to apply unless
specifically modified by this permit.
15.The Permit Adjustment No. 1 to Commercial Planned Development 2001-01 approval
will expire one (1) year from the effective date, if construction with a valid Building
Permit has not commenced within that time.
Please contact Joseph Fiss, Principal Planner, at (805) 517-6226, if you have any further
questions.
Sincerely,
David A. Bobardt
Community Development Director
c: Honorable City Council
Honorable Planning Commission
Steven Kueny, City Manager
Building and Safety Division
Case File (PA No. 1 to CPD No. 2001-01)
Chron
332
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