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HomeMy WebLinkAboutAGENDA REPORT 1993 0519 CC REG ITEM 08S �� 5 . r ITEM 'OORPARK. CALIFORNIA AGENDA REPORT City 1 Meeting � ��� TO: The Honorable City Council of ACTION: FROM: Jaime Aguilera, Director of Community Developmen iL Prepared by Paul Porter, Senior Planner By -� DATE: May 13, 1993 (CC meeting of May 19, 1993) SUBJECT: CONSIDER INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. IPD NO. 90-11 MINOR MODIFICATION NO. 3 (MOORPARK WEST/SHILOH CHURCH) Background On October 16, 1991, the City Council adopted Resolution No. 91-809 approving IPD-90-11 on the application of Moorpark West and Murray Siegal subject to compliance with the Conditions of Approval. IPD Permit Lot Size Building Size 90-11 29,953 sq. ft. 13,636 sq. ft. Discussion The applicant applied for Minor Modification No. 3 to IPD 90-11. Minor Modification No. 3 is a request to: 1. Reduce the approved building size from 13,636 square feet to 11,359 square feet. 2 . Remove the approved loading zone for the purpose of increasing the number of parking stalls from 32 to 38 . 3. Removing overhead doors and replacing them with aluminum windows . 4 . Increasing the landscaping from 4,078 square feet to 4,448 square feet. 5 . Authorize the Shiloh Church to occupy the proposed building. 6 . Allow off-site parking agreement pursuant to section 8108-1. 3 .2 of the Zoning Ordinance. Effective May 7, 1993, Section 8105-5 of the Zoning Ordinance allows churches in the M-1 zone with a modification to an approved Industrial Planned Development Permit (IPD) . PP05:13:93 13:31pM:\MINM0D.CC 1 Director's Review of Minor Modification The Director of Community Development has reviewed the proposed Minor Modification and approved it on May 7, 1993 subject to the proposed Zone Change being approved by the City Council (see attached) . The applicant's project description has not indicated that the church wishes to operate a school or day care facility during weekday business hours, therefore this Minor Modification does not include these uses. Staff has placed language in Condition 3 notifying the applicant that a full fledged school program or day care facility will require a separate permit approval by the City. Staff has also added a condition notifying noticing the applicant that any subsequent use of the property will be required to conform with the then applicable City Code requirements. Pursuant to Resolution No. 88-523, the Director has the authority to approve Minor Modifications. This matter is being presented to the City Council as a courtesy. Should the Council decide to appeal the Director's approval of the Minor Modification, it should do so at this time. The last day to file the appeal will occur on May 24, 1993 . CEQA Compliance Staff is of the opinion that the proposed Zone Change and Minor Modification to IPD 90-11 is categorically exempt pursuant to State CEQA Guidelines pursuant to Section 15061 (b) (3) in that the proposed amendments to the Zoning Ordinance does not have the potential for causing a significant effect on the environment. Recommendations Receive and file the report Attachments: 1. Conditions for Minor Modification No. 1 2 . Conditions for IPD 90-11 3 . Revised plot plan for IPD 90-11. PP05:13:93 13:31pmA:\MINM0D.CC 2 NOTE: THESE CONDITIONS OF APPROVAL ARE IN ADDITION TO THE CONDITIONS APPROVED FOR INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 90-11. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REOUIREMENTS: 1. The permit is granted for the land and project as shown on the submitted plot plan and elevation of the existing structure and the building reduction and other exhibits submitted to the Department of Community Development as part of this Minor Modification. The location and design of all site improvements shall be as shown on the approved plot plan and elevations except or unless indicated otherwise herein. Note: The approval date of this Minor Modification shall be the date that the Zone Change from M-2 to M-1 comes into effect. 2 . If in the future, any use or uses are contemplated on the site differing from that specified in Minor Modification No. 3 to Industrial Planned Development Permit 90-11 and the zoning clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. Any subsequent use of this property will be required to conform with the then applicable City Codes . A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the M-1 Zone, and the terms and conditions of this permit. Said review will be conducted and an approval letter sent, unless another entitlement permit is required, in which case all applicable fees and procedures shall apply. The property owner shall notify the Department of Community Development in writing if the church intents to leave the facility and a new user (church) intends to use this Minor Modification. 3 . Activities taking place during weekday normal daytime working hours when industrial buildings are occupied by the industrial users such as Vacation Bible Classes or other children's programs (either pre school or school age) taking place during regular business hours are permitted. Further, any other uses during normal weekday business hours shall be limited to an occupancy load which will require the use of no more than 38 parking spaces. A full fledged school program or day care facility held during normal weekday business hours shall require a separate permit from the City. ATTACHMENT 1 PP05:13:93 13:31pM:\MINMOD.CC 3 4. That unless the building is occupied within two years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one ( 1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial two year period. 5. A sign permit is required for all on-site signs to be approved by the Director of Community Development. 6 . The development is subject to all applicable regulations of the M-1 Zone and all agencies of the State, Ventura County, the City of Moorpark and any other governmental entities . There shall be no outside storage of any materials . 7 . All facilities and uses other than those specifically requested in the application, as approved, are prohibited unless a modification application has been approved by the City of Moorpark. 8 . The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit, or in the alternative to relinquish 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. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. 9 . 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. 10 . This permit shall expire if the use for which it is granted is discontinued for a period of six months or more as determined by the City. 11. That prior to inauguration of the proposed use on the site, the applicant shall obtain a Zoning Clearance from the Department of Community Development. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED• 12 . The applicant shall pay all outstanding case processing costs and all related City legal service fees prior to issuance of a Zoning Clearance. PP05:13:93 13:31pmA:\MINMOD.CC 4 13. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by these Conditions and present such statement to the Department of Community Development. 14. Any roof mounted equipment and other noise generation sources approved by the Director of Community Development shall be attenuated to 55 DBA at the property line measured at the time of the occupant request. Prior to the issuance of a Zone Clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on-site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. Any roof equipment may also require approval of the County of Ventura Air Pollution Control District (APCD) . 15 . No asbestos pipe or construction materials shall be used inside or outside the building without prior approval of the City Council. 16 . Prior to the issuance of a Zoning Clearance, the applicant shall demonstrate that the lease agreement allows the applicant to have a total of 60 available parking spaces for the proposed church. The parking shall be provided for the duration of the permit and shall be reflected in the lease agreement between the lessor and the lessee of the property. This Minor Modification shall expire if the required parking is not continued to be provided as agreed to herein. 17 . Prior to the issuance of a Zoning Clearance to the church, those properties which will provide the parking spaces for this use shall have a recorded lien disallowing them to utilize their parking facilities during those times that their parking is allotted to the church. FIRE DEPARTMENT CONDITIONS 18. That a street width of 25 feet with two way traffic and off- street parking provided on both sides shall be provided. 19 . That prior to construction the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes . The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500 . 1 and Article 10 of the Uniform Fire Code prior to occupancy. PP05:13:93 13:31pmA:\MINMOD.CC 5 20. That prior to combustible construction, all weather access road/driveway suitable for use by a 20 ton Fire District vehicle shall be installed. 21. That the access roadway(s) shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 22 . That access roads shall not exceed 15% grade. 23 . That all drives shall have a minimum vertical clearance of 13 feet 6 inches ( 13' 611 ) . 24. That approved turnaround areas for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 25. That address numbers, a minimum of 6 inches (6 " ) high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more that 250 feet (2501 ) from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 26 . That any structure greater than 5,000 square feet in area and/or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #14 . 27 . That building plans of all A, E, I & H occupancies shall be submitted to the Fire District for plan check. 28. That plans for any fire alarm system shall be submitted to the Fire District for plan check. 29 . That fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet #10 . The placement of extinguishers shall be subject to review by the Fire District. 30. That commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards of greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers . (Uniform Fire Code, Article 11. ) PP05:13:93 13:31pmA:\MINMOD.CC 6 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS: 1. The permit is granted for the land and project as shown on the submitted plot plans and elevations . The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein. 2 . The development is subject to all applicable regulations of the M-2 Zone and all agencies of the State, Ventura County, the City of Moorpark and any other governmental entities . 3 . That unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than one year after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one ( 1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial one year period. 4 . All facilities and uses other than those specifically requested in the application are prohibited unless a modification application has been approved by the City of Moorpark. 5 . The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State, County, and City authorities, and all such requirements and enactments shall, by reference, become conditions of this permit. 6 . No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 7 . If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 1 ATTACHMENT 2 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 8 . That 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 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 not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. 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. 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 zone clearance is issued with respect to the Industrial Planned Development Permits . 9 . A sign permit is required for all on-site signs to be approved by the Director of Community Development. 10 . Prior to the submission of construction plan for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Community Development Department. The applicant may submit construction drawings to Building and Safety for Plan Check prior to the issuance of a Zoning Clearance if the applicant delivers to the City an acceptable Hold Harmless Letter. 11. Prior to initial tenant occupancy and any subsequent change in tenant occupancy, the owner of the subject building, or the owner's representative shall apply for a Zoning Clearance from the Community Development Department. 2 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 12 . The Director of Community Development, or his designee, shall have the authority to conditionally approve or deny a Zoning Clearance request for tenant occupancy consistent with Article 45 of the Zoning Code. The cost of the Zoning Clearance shall be borne by the applicant for tenant occupancy. 13 . If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the M-2 Zone and the terms and conditions of this permit. Said review will be conducted at no charge and an approval letter sent, unless a minor or major modification to the Planned Development is required, in which case all applicable fees and procedures shall apply. 14 . The permittee's acceptance of this permit and/or commencement of construction and/ or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 15 . This permit shall expire if the use for which it is granted is discontinued for a period of 180 consecutive days or more as determined by the City. 16 . Within two (2) days after approval of the project by the City Council, the applicant shall deposit one fee in the amount of $1,250 plus a $25 . 00 filing fee for the following applications which collectively comprise the project: Land Division Map No. 91-3, Tentative Tract Map No. 4789, and Industrial Planned Development Permit Nos . 90-7 thru 13, 91-1 thru 3 . The fee shall be paid to the County of Ventura for the State required Notice of Determination filing fee in accordance with Assembly Bill 3158 . PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 17 . a. Except as provided in condition No. 10 hereof, prior to the issuance of a Zoning Clearance for IPD Nos 90-10 and 90-12, and 91-1 thru -3, TT 4789 shall be recorded. b. Except as provided in condition No. 10 hereof, prior to the issuance of a Zoning Clearance for IPD 90-7, LDM 91-3 shall be recorded. 3 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 18 . Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by these Conditions and present such statement to the Department of Community Development. 19 . The final construction working drawings shall be submitted to the Director of Community Development for review. 20. Complete landscape plans (2-sets) , together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura Guide to Landscape Plans and in compliance with the City of Moorpark Ordinance No. 74, and shall be submitted to and approved by the Director of Community Development. The final landscape plans shall be in substantial conformance with the conceptual landscape plan submitted with the application. The applicant shall bear the total cost of the landscape plan review and final installation 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 fees . All landscaping and planting shall be accomplished and approved by the Director of Community Development, or his designee, prior to the approval of occupancy. The project landscape plans shall include the following: a. A 50 percent shade coverage shall be provided within all parking areas . Shade coverage is described as the maximum mid-day shaded area defined by a selected specimen tree at 50 percent maturity. b. Any turf plantings associated with this project shall be drought tolerant, low water using variety. C . 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. d. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six-inch high concrete curbs. 4 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 e. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. f. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. g. Earthen berms shall be provided to screen views of parked vehicles from access roads. h. Landscaping shall be used to screen views of any backflow preventers . 21. Roof design and construction shall include a minimum 18-inch extension of the parapet wall above the highest point of the roof. 22 . All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc. ) that may extend above any parapet wall shall be enclosed on all four sides by view obscuring material. Prior to the issuance of a zoning clearance, the final design and materials for the roof screen and location of any roof mounted equipment must be approved by the Director of Community Development. 23. All trash disposal areas shall be provided in a location which will not interfere with circulation, parking or access to the building, and shall be screened with a six foot high wall enclosure with metal gates . The final design of the trash enclosure shall be subject to the issuance of a zoning clearance. Trash areas and recycling bins shall be depicted on the construction plans, the size of which shall be approved by the Director of Community Development and the City employee responsible for recycling and solid waste management programs 24 . Pullover parking (overhangs) shall be limited to 24 inch maximum. No vehicles shall be allowed to encroach onto walkways or into the required landscaped setbacks along roadways . 25 . A 45-foot turning radius shall be provided for loading zones consistent with the AASHO WB-50 design vehicle. Prior to issuance of a zoning clearance, the applicant shall provide a site plan which identifies all loading truck turning movements . 5 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 26 . All property line walls shall be no further than one inch from the property line. 27 . The building shall be constructed using energy saving devices. These shall include those devices required by the California Administrative Code, Title 24 . 28. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: Avoid interferences with reasonable use of adjoining properties; minimize on-site and off-site glare; provide adequate on-site lighting; limit electroliers height to avoid excessive illumination; and provide structures which are compatible with the total design of the proposed facility. a. The lighting plan shall include the following: b. 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. C. Maximum overall height of fixtures shall be sixteen ( 16) feet. d. Fixtures must possess sharp cut-off qualities with a maximum of one-half foot candle illumination at property lines . e. There shall be no more than a seven-to-one (7 : 1) ratio of level of illumination shown (maximum-to-minimum ratio between lighting standards) . f. Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties. g. Average maximum of one-half foot candle illumination. h. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from Spring Road. 6 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 29 . 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. 30. No downspouts shall be permitted on the exterior of the building. 31. All exterior building materials and paint colors shall be approved by the Director of Community Development to ensure compatibility with adjacent development. Accent stripes shown on the project elevations shall be an indentation of at least, one-half inch deeper or greater. 32 . No asbestos pipe or construction materials shall be used without prior approval of the City Council. 33 . All utilities are required to a underground to the nearest off-site utility pole except through transmission lines. Prior to the issuance of a zoning clearance, the applicant shall submit a plan for review and approval to the Director of Community Development which identifies how compliance with the undergrounding requirement will be met. 34 . If skylights are proposed, the specific type and model must be approved by the Director of Community Development to ensure that they shall be of an opaque type to minimize evening illumination as viewed from the exterior. 35 . In recognition of the need for public street and traffic improvements to meet the demand generated by cumulative development in the City, the applicant shall prior to the issuance of a zoning clearance execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of and be subject to any assessment district or other financing techniques including but not limited to the payment of traffic mitigation fees, to provide funds for such improvements, should such a mechanism be established by the City. 36 . The applicant shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area to support the City's current and future park system. 37 . The applicant shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of $10 per each 100 square feet of building area. 7 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 38. Prior to issuance of a zoning clearance, the permittee shall make a contribution to the Moorpark Traffic Systems Management Fund of $ . 15 per square foot of floor area to fund Traffic System Management programs as a mitigation measure to fully mitigate air quality impacts so as to fund TSM programs or clean fuel programs as determined by the City. 39 . To encourage employees to use alternative means of transportation to reduce automobile trips, common area bicycle storage facilities such as bicycle racks or lockers shall be provided. Proposed bicycle storage areas and facilities for the development shall be reviewed and approved by the Director of Community Development prior to the issuance of a zoning clearance. 40 . Prior to the issuance of a zoning clearance for tenant occupancy, the proposed use shall be reviewed and approved by the Ventura County Environmental Health Department to ensure that the proposal will comply with all State and local regulations related to the storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Department, the applicant shall prepare a hazardous waste minimization plan. 41. All roof mounted equipment and other noise generation sources on-site shall be attenuated to 55 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 Zone Clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on-site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards . 42 . Prior to the issuance of a zoning clearance, a Surety Performance Bond in the amount of $10,000 shall be filed and accepted by the Director of Community Development. The Director of Community Development, may, through a public hearing to be heard before the City Council recommend that any or all of the funds in the Performance Bond be forfeited for noncompliance of the Conditions of Approval or for some other just cause. This condition shall automatically be superseded 8 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 by a related resolution or ordinance regarding condition compliance for entitlement approvals adopted by the City Council. 43 . The applicant, permittee, or successors in interest, shall submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review. The applicant shall pay all outstanding case processing (planning and Engineering) , and all City legal service fees prior to issuance of a Zoning Clearance, or recordation of LDM 91-6 or Tentative Tract No 4789 . PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 44 . An "Unconditional Will Serve Letter" for water and sewer service will be obtained from the Ventura County Waterworks District No. 1. 45. The applicant shall pay all school assessment fees levied by the Moorpark Unified School District. 46 . If any archaeological or historical finds are uncovered during excavation operations, the permittee shall assure the preservation of the site; shall obtain the services of a qualified archaeologist to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 47 . 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. 48 . All landscaping and planting shall be installed and inspected. 49 . At the time water service connection is made for each project, cross connection control devices shall be installed for the water system in accordance with the requirements of the Ventura County Environmental Health Department. 50. No Certificate of Occupancy shall be granted prior to acceptance or completion of landscaping or other sight improvements such as perimeter walls, including stucco 9 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 treatment, landscaping, fences, slope planting or other landscape improvements not related to grading; private recreational facilities, etc. Said on-site improvements shall be completed within 120 days of issuance of a Certificate of Occupancy. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full effect for one year after the last occupancy to guarantee that items such as perimeter tract walls (including stucco treatment) , landscaping, fences, slope planting or other landscape improvements not related to grading, private recreational facilities, etc . are maintained. AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE APPLICABLE: 51. No later than ten ( 10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Director of Community Development the name(s) and address(es) of the new owner(s) , lessee(s) or operator(s) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. 52 . 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 Development Department. The purpose of the zoning clearance shall be to determine if the proposed uses(s) are compatible with the zoning and terms and conditions of the permit. 53. Prior to occupancy by any tenant or subsequent owner whose business would employ or dispose of hazardous materials, a Major Modification approval shall be required. 54 . The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within thirty (5) days after notification. 55. The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. 10 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 56 . Prior to occupancy by any tenant or subsequent owner whose business would employ or dispose of hazardous materials, a Major Modification approval shall be required. 57 . No outside storage of any materials or overnight parking of any semi-trucks or any other vehicle shall occur outside of the industrial building with the exception of within the loading zones . 58 . Loading and unloading operations shall not be conducted between the hours of 10:00 p.m. and 6 :00 a.m. 59 . No noxious odors shall be generated from any use on the subject site. 60. All uses and activities shall be conducted inside the buildings unless otherwise authorized by the Director of Community Development. 61. The applicant and his successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. CITY ENGINEER CONDITIONS PRIOR TO ZONE CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 62 . a. The applicant shall submit to the City for review and approval, a grading plan prepared by a registered civil engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion. Cut or fill slopes shall be no steeper than 2 : 1 (horizontal:vertical) . Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. b. An erosion control plan shall be submitted for review and approval if grading is to occur between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. C. All haul routes shall be approved by the City Engineer. On-site haul routes shall be limited to graded areas only. 11 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 63. a. The applicant shall submit to the City for review and approval, a detailed soils and geotechnical report prepared by both a civil engineer and a geotechnical engineer registered in the State of California. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the recommendations of the approved soils report. b. Review of the soils and geotechnical report by the City's geotechnical consultant may be required by the City Engineer. If so, the applicant shall reimburse the City for all costs including the City's administrative costs . 64 . a. The applicant shall submit to the City for review and approval, street improvement plans prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements . Any necessary right-of-way required to complete the improvements will be acquired by the applicant at their expense. b. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, paving, and any necessary transitions to the satisfaction of the City Engineer. C . The applicable Ventura County Road Standard Plates are as follows: 1. The proposed unnamed cul-de-sac shall be per Plate B3-D, modified to a 50 foot right-of-way with no sidewalks. 2 . "A" Court shall be per Plate B3-D, modified to a 50 foot right-of-way with no sidewalks . 65. The applicant shall demonstrate to the satisfaction of the City Engineer that each building pad has adequate protection from a 100-year storm and feasible access during a 10-year storm. 66 . The applicant shall submit to the City for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; shall enter into an agreement with the City to complete the 12 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 improvement and shall post sufficient surety guaranteeing the construction of the improvements . The drainage plans and calculations shall indicate the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses . Hydrology shall be current Ventura County Standards except as follows: a. all catch basins in sump locations shall be designed for a 50- year storm; b. all catch basins on continuous grades shall be designed for a 10-year storm; C. all catch basins in a sump condition shall be designed such that the depth of water at intake shall equal the depth of the approach flows; d. all culverts shall be designed for a 100-year storm; e. for a 10-year storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available where possible. f. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the applicant. 67 . The applicant shall demonstrate legal access for each parcel to the satisfaction of the City Engineer. 68. The applicant shall indicate in writing to the City Engineer, the deposition of any water well or any other well that may exist within the project. If any wells are proposed to be abandoned, or if they have been abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372 and any applicable Division of Oil and Gas requirements . 69 . The applicant shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e. 13 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 landscaping, parks, fencing, etc. ) or which require removal (i.e. model homes, temporary debris basins, etc . ) . DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL COMPLY: 70. That prior to any work being conducted within the State or City right-of-way, the applicant shall obtain an Encroachment Permit from the appropriate agency. 71. 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 . Contaminated or hazardous soil as defined by Department of Health Services may not be used for on-site soil fill or roadway subgrade unless the Department of Health Services determines in writing that said material has been treated to a level that is no longer considered a public health risk or requires public disclosure by the Department of Real Estate. Any contaminated or hazardous soil shall be removed to an approved landfill. 72 . Where roads requiring 4 or more inches of pavement are to be built, the applicant shall construct the required street section minus 1-inch of paving as an interim condition until all utility cuts or trenching are completed. The final 1-inch cap of asphalt shall be placed after all necessary trenching is completed. 73 . If necessary, the applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit. 74. The applicant shall construct all necessary drainage facilities, including brow ditch and slope bench drainage channels, with a permanent earth tone color so as to minimize visual impacts. Said color shall be submitted to and approved by the Director of Community Development as part of the grading plans . 75 . An 18" slough wall shall be constructed directly behind the back of the sidewalk where slopes over four feet are adjacent to sidewalk so as to reduce debris from entering streets . 14 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 76 . No trees with a trunk diameter in excess of four inches shall be trimmed or removed with prior approval of the Director of Community Development. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 77 . If the land is in a special flood hazard area, the applicant shall notify all potential buyers of this condition. 78 . The applicant shall have recorded reciprocal access and utility easements to ensure that all access roads/driveways shown on the site plan will be available for use by all tenants in the industrial park. PRIOR TO THE ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 79 . Sufficient surety guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance by the City Council. 80 . Original "as-built" plans will be certified by the applicant'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-Builts" in a series of 22 " X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "As-Built" plans are required before a final inspection will be scheduled. 81. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 82 . The applicant's engineer 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 will be in conformance with the applicable ordinance section. MOORPARK POLICE DEPARTMENT CONDITIONS PRIOR TO THE ISSUANCE OF A OCCUPANCY PERMIT, THE FOLLOWING CONDITIONS SHALL BE MET: 83. Lighting devices shall be high enough so as to eliminate anyone on the ground from tampering with them. All parking 15 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum of one-half foot candle of light and shall be designed to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather and breakage- resistant covers. 84 . Landscaping shall not cover any exterior door or window. 85. Landscaping at entrances/exits or at any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 86 . Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. 87 . All entrance/exit driveways shall be a minimum of 30 feet in width. 88. All exterior doors shall be constructed of solid wood core, a minimum of 1 and three quarters inches thick, or of metal construction. Front glass doors commonly used for entry are acceptable but should be visible to the street. 89 . Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1-inch deadbolt. 90 . There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 91. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. 92 . Address shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. The numbers shall be a minimum of 6 inches in height and illuminated during the hours of darkness . 93. Front door entrances shall be visible from the street. DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY: 94 . A licensed security guard is recommended during the construction phase, or a 6-foot high chain link fence shall be 16 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 erected around the construction site. 95. Construction equipment, tools, etc. , shall be properly secured during non-working hours . COUNTY OF VENTURA ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITION SHALL BE MET: 96 . Prior to the issuance of building permits for the construction of any food or beverage facility, the applicant shall submit complete construction plans, equipment design specifications, finish schedules and other required information to the Community Services of Environmental Health Department for review and approval (see Ventura County Environmental Health Food Establishment Plan Check Guide) . VENTURA COUNTY FIRE DEPARTMENT CONDITIONS PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 97 . That a street width of 25-feet for two way traffic with off street parking on both sides shall be provided. 98 . That prior to construction, the applicant shall submit two site plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire lanes . The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500 . 1 and Article 10 of the Uniform Fire Code prior to Occupancy. 99 . That access roads shall be installed with an all weather surface, suitable for access by fire department apparatus . 100. That the access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Bureau of Fire Prevention. (For IPD Nos. 90-7, -8, -9 only) 101. That all drives shall have a minimum vertical clearance of 13 feet, 6 inches ( 13 ,611 ) . 102 . That address numbers, a minimum of 6 inches high with the exception of IPD 90-7 which shall have 8" address numbers, 17 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 shall be installed prior to occupancy, shall be of contrasting color to the background and shall be addressed off of Maureen Lane. IPD shall be addressed off of Maureen Lane. Where structures are setback more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 103 . That prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire hydrants . Show existing hydrants on a site plan, within 300 feet of the development. 104 . That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Moorpark Water Works Manual. a. Each hydrant shall be 6 inch wet barrel design and shall have two 4 inch and one 2 1/2 inch outlet(s) for IPD Nos. 90-7, -8, -and one 4 inch wet barrel design and two 2 1/2 inch for IPD Nos . 90-9, -10, -11, -12, -13, 91-1, -2, and -3 . 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 recessed in from curb face 24 inches at center. 105 . That the minimum fire flow required is determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the I.S.O. for determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 3,500 gallons per minute for IPD Nos . 90-7, -8, -9 and 2,500 gallons per minute for IPD Nos . 90- 10, -11, -12, -13, 91-1, -2, and -3. The applicant shall verify that the water purveyor can provide the required volume at the project. 106 . The building for IPD 90-7 shall be protected by an automatic sprinkler system and plans shall be submitted, with payment for plan check, to the Ventura County Bureau of Fire 18 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 Prevention for review. For all other IPD's, if the building(s) are to protected by an automatic sprinkler system and plans shall be submitted, with payment for plan check, to the Ventura County Bureau of Fire Prevention for review. 107 . That trash containers shall be five (5) feet or more away from openings, combustible walls, combustible roof eaves, unless trash container is protected by an approved fire sprinkler (IPD 90-7) . 108. Than any structure(s) greater than 5,000 square feet in area and/or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #14 (IPD 90-8, -9, -10, -11, -12, -13, 91-1, -2, -3) . 109 . That building plans of all A.E,I, & H occupancies shall be submitted to the Ventura County Bureau of Fire Prevention for plan check. 110 . That plans for any fire alarm system shall be submitted to the Ventura County Bureau of Fire Prevention for plan check. 111. That fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet #10 . The placement of extinguishers shall be reviewed by the Fire Prevention Bureau. 112 . That plans for the installation of automatic fire extinguishing system (such as, halon or dry chemical) shall be submitted to the Ventura County Bureau of Fire Prevention for plan check. 113 . That all grass or brush exposed to any structures shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 114 . That trash containers with an individual capacity of 1.5 cubic yards or greater, shall not be stored within 5 feet of openings, combustible walls, combustible roof eave lines, unless protected by approved automatic fire sprinklers . (Uniform Fire Code, Article 11) . 115. The buildings shall have fire sprinklers . 116 . That a plan shall be submitted to the Fire District and Sheriff's Department for review indicating the method in which 19 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13 91-1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 buildings are to be identified by address numbers . WATERWORKS DISTRICT NO. 1 CONDITION 117 . Applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new construction. 20