HomeMy WebLinkAboutAGENDA REPORT 2013 0515 CCSA REG ITEM 08C ITEM 8.C.
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development it ctor ,
Prepared by: Joseph Fiss, Principal Planne
DATE: May 6, 2013 (CC Meeting of 5/15/2013)
SUBJECT: Consider a Resolution Approving Tentative Tract Map No. 5906, a Re-
Subdivision of Tract No. 5147 for 17 Industrial Lots on 34.70 Acres,
Located 1300 Feet West of Gabbert Road, North of the Union Pacific
Railroad Right-of-Way, on the Application of A-B Properties
SUMMARY
On August 17, 2012, John Newton for A-B Properties filed an application for Tentative
Tract Map No. 5906, a re-subdivision of Tract No. 5147 for 17 industrial lots on 34.70
acres, located 1300 feet west of Gabbert Road, north of Union Pacific Railroad right-of-
way. The site currently is partially graded and unimproved, but has been subdivided
with 17 industrial lots, one open space lot, private streets, and dedications for North
Hills Parkway. A settlement agreement with Southern California Edison (SCE) over
access to the property has resulted in the need to reconfigure the lots and
improvements. The location map, aerial photograph, and project plans are included in
Attachments 1-3.
BACKGROUND
On February 26, 2013, the Planning Commission considered this application and
adopted Resolution PC-2013-580 recommending approval of the project to the City
Council. A full analysis of this project is provided in the attached February 26, 2013
Planning Commission agenda report. On January 16, 2013, the City Council adopted
Ordinance No. 416 adopting a development agreement between the City and A-B
Properties. The approved development agreement is included in Attachment 4.
34
Honorable City Council
May 15, 2013
Page 2
DISCUSSION
The applicant is proposing a re-subdivision of a previously approved recorded tract
map. Tract No. 5147 was approved and recorded with the same number of lots and
open space as is currently being proposed, albeit with a slightly different layout. The
new layout is designed to accommodate an access road (discussed in the attached
Planning Commission report) and changes to the geometry of the proposed North Hills
Parkway.
The major changes to the proposed subdivision map from the previously approved and
recorded map are as follows:
1. Add access to the east-west segment of North Hills Parkway on the eastern
boundary of the project.
2. Relocate access to the north-south segment of North Hills Parkway
approximately 300 feet to the north.
3. Reduce overall dedication of North Hills Parkway on the north side of the
property from 120 feet to 100 feet.
4. Clarify "interim" primary access road from Gabbert Road, over Southern
California Edison easement.
Proposed Tentative Tract Map No. 5906 includes 17 lots ranging in size from .82 acres
to 1.53 acres. One 6.64 acre remainder lot on the west side of the Gabbert Wash will
be covered by a conservation easement to remain in perpetual open space. Internal
streets will be private roads, with easements for public access. Since the Planning
Commission met on this, staff has added two additional conditions to the
recommendation (Nos. 24 and 25 in the attached resolution): that a Landscape
Maintenance District be established for the maintenance of parkways and slope
landscaping adjacent to the public right-of-way (North Hills Parkway), and that a
Property Owners Association be formed for the maintenance of private landscaping
areas. Also after the Planning Commission meeting, the applicant agreed to waive the
time limits under the Permit Streamlining Act through and including June 5, 2013.
FISCAL IMPACT
The action to be considered by the City Council is the approval of a discretionary permit
which does not include a commitment of City funds.
\\DCITepartment Share\Community Development\DEV PMTS\T T M\5906 AB Properties\Agenda Report\cc agenda report 130515.docx
35
Honorable City Council
May 15, 2013
Page 3
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. 2013- approving Tentative Tract Map No. 5906,
subject to Conditions of Approval.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Plans (Under Separate Cover)
4. Approved Development Agreement
5. Planning Commission Agenda Report (w/o attachments)
6. Draft CC Resolution with Conditions of Approval
\\DC1\Department Share\Community Development\DEV PMTS\T T M\5906 AB Properties\Agenda Report\cc agenda report 130515.docx
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Project Exhibits (UNDER SEPARATE COVER)
3. Project Exhibits
A. Tentative Tract No. 5906
B. Right-of-Way Exhibit
C. Recorded Tract No. 5147
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBIT ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
CC ATTACHMENT 3 39
Recording Requested By
And When Recorded Return to: (IIIIIII�IIIIiIIIIIIII�IIIIIIII�IIIIIIIII�II
CITY CLERK
1 20130222-00033184-0 1/31
Ventura County Clerk and Recorder
CITY OF MOORPARK MARK A. LUNN
02/22/2013 02:58:52 PM
799 Moorpark Avenue 692257 $.00 PA
Moorpark, California 93021 -
EXEMPT FROM RECORDER'S FEES
Pursuant to Govemment Code
Section 6103 and 27383
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF MOORPARK
AND
A-B PROPERTIES
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO
THE REQUIREMENTS OF GOVERNMENT CODE SEC. 65868.5
CC ATTACHMENT 4 40
DEVELOPMENT AGREEMENT
This Development Agreement ("the Agreement") is made and entered into this
day of 201b, by and between the CITY OF MOORPARK, a
municipal corporation, (referred to hereinafter as "City") and A-B Properties a California
General Partnership (referred to hereinafter as "Developer"). City and Developer are
referred to hereinafter individually as "Party" and collectively as "Parties." In
consideration of the mutual covenants and agreements contained in this Agreement,
City and Developer agree as follows:
1. Recitals. This Agreement is made with respect to the following facts and for the
following purposes, each of which is acknowledged as true and correct by the
Parties:
1.1. Pursuant to Government Code section 65864 et seq. and Moorpark
Municipal Code chapter 15.40, City is authorized to enter into a binding
contractual agreement with any person having a legal or equitable
interest in real property within the City for the development of such
property in order to establish certainty in the development process.
1.2. [INTENTIONALLY LEFT BLANK]
1.3. Developer is owner in fee simple of certain real property in the City of
Moorpark, as more specifically described by the legal description set
forth in Exhibit A, which exhibit is attached hereto and incorporated
herein by this reference (the "Property").
1.4. City has approved General Plan Amendment No. 97-2("GP") and Zone
Change No. 97-6 ("ZC"). The GP and ZC are collectively referred to as
the "Project Approvals".
1.5. Development Agreement No. 1998-04, adopted by the City Council on
December 16, 1998 through Ordinance No. 250, and recorded by the
County Recorder on December 30, 1998 with the assigned document
number 98-233584, is terminated upon the effective date of the
enabling ordinance (Ordinance No. 416) for this Agreement.
1.6. By this Agreement, City desires to obtain the binding agreement of
Developer to develop the Property in accordance with the Project
Approvals and this Agreement. In consideration thereof, City agrees to
limit the future exercise of certain of its governmental and proprietary
powers to the extent specified in this Agreement.
1.7. By this Agreement, Developer desires to obtain the binding agreement
of City to permit the development of the Property in accordance with the
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41
a ,
Project Approvals and this Agreement. In consideration thereof,
Developer agrees to waive its rights to legally challenge the limitations
and exactions imposed upon the development of the Property pursuant
to the Project Approvals, this Agreement and any Subsequent
Approvals (as defined in Section 5.3 of this Agreement) and to provide
the public benefits and improvements specified in this Agreement.
1.8. City and Developer acknowledge and agree that the consideration that
is to be exchanged pursuant to this Agreement is fair, just and
reasonable and that this Agreement is consistent with the General Plan
of City as currently amended.
1.9. On July 24, 2012, the Planning Commission of City commenced a duly
noticed public hearing on this Agreement and at the conclusion of the
hearing recommended approval of the Agreement.
1.10. On October 3, 2012, November 7, 2012, December 5, 2012, and
December 19, 2012, the City Council of City ("City Council")
commenced a duly noticed public hearing on this Agreement, and at the
conclusion of the hearing approved the Agreement by Ordinance No.
416 ("the Enabling Ordinance").
2. Property Subject To This Agreement. All of the Property shall be subject to this
Agreement. The Property may be referred to hereinafter as "the site" or "the
Project area".
3. Binding Effect. The burdens of this Agreement are binding upon, and the
benefits of the Agreement inure to, each Party and each successive successor in
interest thereto and constitute covenants that run with the Property. Whenever
the terms "City" and "Developer" are used herein, such terms shall include every
successive successor in interest thereto, except that the term "Developer" shall
not include the purchaser or transferee of any lot within the Project area that has
been fully developed in accordance with . the Project Approvals and this
Agreement.
3.1. Constructive Notice and Acceptance. Every person who acquires any
right, title or interest in or to any portion of the Property in which the
Developer has a legal interest is, and shall be, conclusively deemed to
have consented and agreed to be bound by this Agreement, whether or
not any reference to the Agreement is contained in the instrument by
which such person acquired such right, title or interest.
3.2. Release Upon Transfer. Upon the sale or transfer of the Developer's
interest in any portion of the Property, that Developer shall be released
from its obligations with respect to the portion so sold or transferred
subsequent to the effective date of the sale or transfer, provided that
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42
the Developer (i) was not in breach of this Agreement at the time of the
sale or transfer and (ii) prior to the sale or transfer, delivers to City a
written assumption agreement, duly executed by the purchaser or
transferee and notarized by a notary public, whereby the purchaser or
transferee expressly assumes the obligations of Developer under this
Agreement with respect to the sold or transferred portion of the
Property. Failure to provide a written assumption agreement hereunder
shall not negate, modify or otherwise affect the liability of the purchaser
or transferee pursuant to this Agreement. Nothing contained herein
shall be deemed to grant to City discretion to approve or deny any such
sale or transfer, except as otherwise expressly provided in this
Agreement.
4. Development of the Property. The following provisions shall govern the
subdivision, development and use of the Property.
4.1. Permitted Uses. The permitted and conditionally permitted uses of the
Property shall be limited to those that are allowed by the Project
Approvals and this Agreement.
4.2. Development Standards. All design and development standards,
including but not limited to density or intensity of use and maximum
height and size of buildings, that shall be applicable to the Property are
set forth in the Project Approvals and this Agreement.
4.3 Building Standards. All construction on the Property shall adhere to all
City building codes in effect at the time the plan check or permit is
approved per Title 15 of the Moorpark Municipal Code and to any
federal or state building requirements that are then in effect (collectively
"the Building Codes").
4.4 Reservations and Dedications. All reservations and dedications of land
for public purposes that are applicable to the Property are set forth in
the Project Approvals and this Agreement.
5. Vesting of Development Rights.
5.1. Timing of Development. In Pardee Construction Co. v. City of
Camarillo, 37 Cal.3d 465 (1984), the California Supreme Court held that
the failure of the parties therein to provide for the timing or rate of
development resulted in a later-adopted initiative restricting the rate of
development to prevail against the parties' agreement. City and
Developer intend to avoid the result in Pardee by acknowledging and
providing that Developer shall have the right, without obligation, to
develop the Property in such order and at such rate and times as
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Developer deems appropriate within the exercise of its subjective
business judgment, except as provided for in this Agreement.
In furtherance of the Parties' intent, as set forth in this section, no future
amendment of any existing City ordinance or resolution, or future
adoption of any ordinance, resolution or other action, that purports. to
limit the rate or timing of development over time or alter the sequencing
of development phases, whether adopted or imposed by the City
Council or through the initiative or referendum process, shall apply to
the Property. In particular, but without limiting any of the foregoing, no
numerical restriction shall be placed on the number of building units that
can be built each year within the Project Area. However, nothing in this
section shall,be construed to limit City's right to ensure that Developer
timely provides all infrastructure required by the Project Approvals,
Subsequent Approvals and this Agreement.
5.2. Amendment of Proiect Approvals. No amendment of any of the Project
Approvals, whether adopted or approved by the City Council or through
the initiative or referendum process, shall apply to any portion of the
Property, unless the Developer has agreed in writing to the
amendment.
5.3. Issuance of Subsequent Approvals. Applications for land use
approvals, entitlements and permits, including without limitation
subdivision maps (e.g. tentative, vesting tentative, parcel, vesting
parcel, and final maps), subdivision improvement agreements and other
agreements relating to the Project, lot line adjustments, preliminary and
final planned development permits, use permits, design review
approvals (e.g. site plans, architectural plans and landscaping plans),
encroachment permits, and sewer and water •connections that are
necessary to or desirable for the development of the Project
(collectively "the Subsequent Approvals"; individually "a Subsequent
Approval") shall be consistent with the Project Approvals and this
Agreement. For purposes of this Agreement, Subsequent Approvals do
not include building permits.
Subsequent Approvals shall be governed by the Project Approvals and
by the applicable provisions of the Moorpark General Plan, the
Moorpark Municipal Code and other City ordinances, resolutions, rules,
regulations, policies, standards and requirements as most recently
adopted or approved by the City Council or through the initiative or
referendum process and in effect at the time that the application for the
Subsequent Approval is deemed complete by City in City's sole
discretion (collectively "City Laws"), except City Laws that:
(a) change any permitted or conditional permitted uses of the Property
Page 5 of 23
44
from what is allowed by the Project Approvals or this Agreement,
(b) limit or control the rate, timing, phasing or sequencing of the
approval, development or construction of all or any part of the Project in
any manner, provided that all infrastructure required to serve the portion
of the Property covered by the Subsequent Approval is in place or is
scheduled to be in place prior to completion of construction;
(c) are not uniformly applied on a City-wide basis to all substantially
similar types of development projects or to all properties with similar
land use designations; or
(d) control commercial rents.
5.4. Term of Subsequent Approvals. The term of any tentative map for the
Property, or any portion thereof, shall expire eight (8) years after its
approval or conditional approval or upon the expiration or earlier
termination of this Agreement, whichever occurs first, notwithstanding
the fact that the final map may be filed in phases. Each Developer
hereby waives any right that it may have under the Subdivision Map
Act, Government Code section 66410 et seq., or any successor thereto,
to apply for an extension of the time at which the tentative map expires
pursuant to this subsection. No portion of the Property for which a final
map or parcel map has been recorded shall be reverted to acreage at
the initiative of City during the term of this Agreement.
The term of any Subsequent Approval, except a tentative map, shall be
one (1) year; provided that the term may be extended by the decision
maker for two (2) additional one (1) year periods upon application of the
Developer holding the Subsequent Approval filed with City's Community
Development Department prior to the expiration of that Approval. Each
such Subsequent Approval shall be deemed inaugurated, and no
extension shall be necessary, if a building permit was issued and the
foundation received final inspection by City's Building Inspector prior to
the expiration of that Approval.
It is understood by City and Developer that certain Subsequent
Approvals may not remain valid for the term of this Agreement.
Accordingly, throughout the term of this Agreement, the Developer shall
have the right, at its election, to apply for a new permit to replace a
permit that has expired or is about to expire.
5.5. Modification of Approvals. Throughout the term of this Agreement, the
Developer shall have the right, at its election and without risk to any
right that is vested in it pursuant to this section, to apply to City for
permit adjustments or modifications to Subsequent Approvals. The
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approval or conditional approval of any such permit adjustment or
modification shall not require an amendment to this Agreement,
provided that, in addition to any other findings that may be required in
order to approve or conditionally approve the modification, a finding is
made that the modification is consistent with this Agreement.
5.6. Issuance of Building Permits. No building permit, final inspection or
certificate of occupancy will be unreasonably withheld from the
Developer if all infrastructure required to serve the portion of the
Property covered by the building permit is in place or is scheduled to be
in place prior to completion of construction and all of the other relevant
provisions of the Project Approvals, Subsequent Approvals and this
Agreement have been satisfied. In no event shall building permits be
allocated on any annual numerical basis or on any arbitrary allocation
basis.
5.7. Moratorium on Development. Nothing in this Agreement shall prevent
City, whether by the City Council or through the initiative or referendum
process, from adopting or imposing a moratorium on the processing
and issuance of Subsequent Approvals and building permits and on the
finalizing of building permits by means of a final inspection or certificate
of occupancy, provided that the moratorium is adopted or imposed (i)
on a City-wide basis to all substantially similar types of development
projects and properties with similar land use designations and (ii) as a
result of a utility shortage or a reasonably foreseeable utility shortage,
including without limitation a shortage of water, sewer treatment
capacity, electricity or natural gas.
6. Developer Agreements.
6.1. The Developer shall comply with (i) this Agreement, (ii) the Project
Approvals, and (iii) all Subsequent Approvals for which it was the
applicant or a successor in interest to the applicant.
6.2. All lands and interests in land dedicated to City shall be free and clear
of liens and encumbrances other than easements or restrictions that do
not preclude or interfere with use of the land or interest for its intended
purpose, as reasonably determined by City.
6.3. Prior to the issuance of each building permit within the boundaries of
the Property, Developer shall pay a fee in lieu of the dedication of
parkland and related improvements (Park Fee). The amount of the
Park Fee shall be fifty cents ($0.50) for each square foot of building
area.
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6.4. As a condition of the issuance of each building permit for any use within
the boundaries of the Project Area, Developer shall pay City a
development fee as described herein (the "Development Fee"). The
Development Fee may be expended by City in its sole and unfettered
discretion. On the effective date of this Agreement, the amount of the
Development Fee shall be Twenty One Thousand Dollars ($21,000.00)
per acre of each lot on which the building is located. The fee shall be
adjusted annually commencing one (1) year after the first building
permit is issued within the Project Area by any increase in the
Consumer Price Index (CPI) until all fees have been paid. The CPI
increase shall be determined by using the information provided by the
U.S. Department of labor, Bureau of Labor Statistics, for all urban
consumers within the Los Angeles/Anaheim/Riverside metropolitan
area during the prior year. The calculation shall be made using the
month which is four (4) months prior to the month in which the
Development Agreement is approved by the City Council (e.g., if
approval occurs in June, then the month of February is used to
calculate the increase).
For all building permits issued for any portion of the Property that
exceeds forty percent (40%) of the acreage of the total of all
developable lots (excluding lots used solely as private streets), the
Development Fee shall be Forty Four Thousand Three Hundred and
Twenty-Five Dollars ($44,325.00) per acre and shall be adjusted
annually commencing one (1) year after this date, beginning on January
1, 2016, by the Consumer Price Index (CPI) using the information
provided by the U.S. Department of Labor, Bureau of Labor Statistics,
for all urban consumers within the Los Angeles/Riverside/ Orange
County metropolitan area during the prior year. The calculation shall be
made during the month of August over the prior August. In the event
there is a decrease in the CPI for annual indexing, the Development
Fee shall remain at its then current amount until such time as the next
subsequent annual indexing which results in an increase.
6.5. As a condition of the issuance of each building permit for any use within
the boundaries of the Project Area, Developer shall pay City a traffic
mitigation fee as described herein ("Citywide Traffic Fee"). The
Citywide Traffic Fee may be expended by City in its sole and unfettered
discretion. On the effective date of this Agreement, the amount of the
Citywide Traffic Fee shall be Eighteen Thousand Dollars ($18,000.00)
per acre of each lot on which the use is located. Commencing on
January 1, 2001, and annually thereafter, the Citywide Traffic Fee shall
be increased to reflect the change in the California Department of
Transportation Price Index for Selected Highway Construction Items for
the previous twelve (12) month period that is available on December 31
of the preceding year ("annual indexing"). In the event there is a
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decrease in the referenced Index for any annual indexing, the Citywide
Traffic Fee shall remain at its then current amount until such time as the
next subsequent annual indexing which results in an increase.
6.6. On the operative date of this Agreement, Developer shall pay all
outstanding .City processing and environmental processing costs
related to the project and preparation of this Agreement
6.7. Prior to the issuance of each building permit within the boundaries of
the Property, Developer shall pay an Air Quality Fee of sixty-three cents
($0.63) for each square foot of office building area and twenty-eight
cents ($0.28) for each square foot of industrial building area. The Air
Quality Fee shall satisfy the Transportation System Management Fee
requirement for the Project and may be expended by City in its sole
discretion for reduction of regional air pollution emissions and to
mitigate residual Project air quality impacts.
6.8. Developer agrees to cast affirmative ballots for the formation of an
assessment district and levying of assessments, for the maintenance of
parkway and median landscaping, street lighting and if requested by the
City Council, parks for the provision of special benefits conferred by
same upon properties within the Project. Developer further agrees to
form one or more property owner associations and to obligate said
associations to provide for maintenance of parkway and median
landscaping, street lighting, and if requested by the City Council, parks
in the event the aforementioned assessment district is dissolved or
altered in any way or assessments are reduced or limited in any way by
a ballot election of property owners, or if the assessment district is
invalidated by court action.
6.9. In addition to fees specifically mentioned in this Agreement, Developer
agrees to pay all City capital improvement, development, and
processing fees at the rate and amount in effect at the time the fee is
required to be paid. Said fees include but are not limited to Police
Facilities Fees, Fire Facilities Fees, Library Facilities Fees, Art in Public
Places fees, entitlement processing fees, and plan check and permit
fees for buildings, and public improvements. Developer further agrees
that unless specifically exempted by this Agreement, it is subject to all
fees imposed by City at the operative date of this Agreement and such
future fees imposed as determined by City in its sole and unfettered
discretion so long as said fee is imposed on similarly situated
properties.
6.10. Prior to City Council action on any Subsequent Approval, or grading or
the Property, whichever occurs first, Developer agrees to provide City
an irrevocable offer of dedication to dedicate right-of-way at no cost to
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City for the future North Hills Parkway (also known as future 118
bypass) along the entire length of the north side of the Property and
along the entire length of the west side of the Property east of the
Gabbert Channel. The right-of-way shall be a minimum of one hundred
(100) feet in width on both sections and shall also include necessary
on-site and off-site slope easements in addition to this width to
accommodate a grade-separated crossing of the existing railroad tracks
south of the Property, along with turn radii and entry/exit lanes as
determined by the City at its sole and unfettered discretion. Developer
further agrees to dedicate access rights from the Property to the City
along the entire North Hills Parkway frontage, except for private streets
as part of the Tract Map for this Project.
6.11. Developer agrees that as part of any grading of the property the right-
of-way for the future North Hills Parkway shall be graded per City
direction.
6.12. Developer agrees to comply with all the provisions of the Hillside
Management Ordinance (Chapter 17.38 of the Municipal Code) of the
City.
6.13. Developer agrees to pay a pro-rata share, as determined by the City at
its sole and unfettered discretion, for the funding and construction of the
improvements identified in the Gabbert and Walnut Canyon Channels
Deficiency Study. Developer also acknowledges that interim
improvements may also be necessary to facilitate any new use or
development of the property and Developer agrees that it shall be
responsible for any such interim improvements as their sole
responsibility, without credit of these costs, except as may be provided
in the implementation plan for the Gabbert and Walnut Canyon
Channels Deficiency Study.
6.14. Prior to any subdivision or new use of the property, Developer agrees to
acquire and construct, at its sole cost, dedicated public access to the
properties, as approved by the City Council. Secondary access to
comply with City and public safety requirements shall also be provided
at their sole cost.
6.15. Developer agrees to terminate Development Agreement No. 1998-04,
adopted by the City Council on December 16, 1998 through Ordinance
No. 250, and recorded by the County Recorder on December 30, 1998
with the assigned document number 98-233584.
6.16. Developer agrees not to request any concession, waiver, modification
or reduction of any fee, regulation, requirement, policy or standard
condition for any Subsequent Approval and further agrees to pay all
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fees imposed by City for future buildings, so long as said fees are also
imposed in a similar manner on similar projects.
6.17. Developer shall grant, in a form acceptable to City, a conservation
easement to retain that portion of the Property west of and including the
Gabbert Canyon drain in a predominantly open space condition
consistent with Civil Code Section 815 et seq., except for the following
purposes: temporary construction (including temporary pumping
needed for dewatering as part of any approved grading operations for
the Property), landscape maintenance of manufactured slope areas,
vegetation clearance within two hundred (200) feet of any structure for
fire hazard reduction, revegetation and biological habitat enhancement
required by City consistent with any Mitigation Monitoring Program,
drainage conveyance, emergency access and extension of State Route
118. No excavation, drilling, extraction, pumping (excluding such
pumping as may be needed for dewatering as part of approved grading
operations), mining, or similar activity shall be allowed in any portion of
the Property zoned Open Space. The limitations and exclusions
described in this subsection shall be included in the conservation
easement. The foregoing does not restrict the extraction of subsurface
mineral resources by drilling from off the Property so long as the drilling
apparatus and equipment are screened from view from all points within
the City. Further, if the drilling site is not within the City, Developer
agrees that before proceeding with any drilling it shall secure a use
permit from the City which may include conditions ordinarily placed
upon drilling operations. Further, noise impacts from the drilling shall
meet the same noise standards as placed on Industrial Planned
Development Permits and there shall be no visible evidence or impacts
on the ground surface of the Property:
The conservation easement shall be recorded concurrently with the
recordation of the first final subdivision map for the Property.
6.18. Prior to approval of a Final Map, Developer shall execute in favor of City
and record in the Office of the County Recorder of the County of
Ventura agovenant running with the Land (Covenant) as set forth in
Exhibit "13" attached hereto and incorporated herein to limit use of the
Property.
6.19. Developer agrees that prior to the issuance of a building permit for any
portion of the Property that exceeds forty percent (40%) of the acreage
of the total of all developable lots (excluding lots used solely as private
streets), Developer shall:
• Improve Gabbert Road from Poindexter Avenue north to a point
one-hundred and twenty-five (125) feet north of the railroad right-of-
way, with improvements to include four (4) travel lanes, with bike
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lanes, curbs, gutters, parkways, and sidewalks on each side of the
street, and widening of the rail crossing, all consistent with City
plans to the satisfaction of the City Engineer/Public Works Director.
• Improve North Hills Parkway along the project frontage from the
easterly project boundary to and including the intersection with the
future project access road on the west side of the Property.
Improvements shall be made within the south side of the ultimate
right-of-way north of the developable lots and within the entire
ultimate right-of-way west of the developable lots to include half of
the ultimate roadway not to exceed forty five (45) feet in width, to
allow for two twelve (12) foot wide travel lanes, left turn lanes, and
an eight (8) foot wide bike lane on the south/east side.
Improvements shall also include curb, gutter, parkway and sidewalk
on the south/east side of the street and a median curb and
temporary bike lane on the north/west side of the street consistent
with City plans for the right-of-way improvements to the satisfaction
of the City Engineer/Public Works Director.
All public street improvements described above shall be designed and
constructed at Developer's expense to provide for a 50-year life as
determined by the City Engineer/Public Works Director. Surety for the
improvements shall be provided by Developer to the City prior to
approval of the Final Map in an amount and form determined by the City
in its sole and unfettered discretion to guarantee these improvements.
If Developer improves North Hills Parkway from Gabbert Road to the
eastern project boundary prior to the City's planned improvement of this
road, Developer shall obtain all necessary right-of-way and slope
easements and shall design and construct the roadway with a minimum
of thirty-two (32) feet of pavement and positive drainage to the
satisfaction of the City Engineer/Public Works Director on this section of
North Hills Parkway. Prior to opening this improvement to the public,
Developer shall also improve Gabbert Road from a point one-hundred
and twenty-five (125) feet north of the railroad right-of-way north to and
including the North Hills Parkway intersection to have thirty-two (32)
feet of pavement and positive drainage to the satisfaction of the City
Engineer/Public Works Director.
Developer recognizes that the City's improvement plans for Gabbert
Road and North Hills Parkway include elevating Gabbert Road above
its current grade and re-aligning the roadway near its intersection with
North Hills Parkway. If Developer constructs the North Hills Parkway
improvements to meet Gabbert Road at its existing grade as described
above before the City improvements are constructed, Developer shall
be responsible for any additional City construction costs to the North
Page 12 of 23
51
Hills Parkway between Gabbert Road and the Property as a result of
the Developer's improvements as determined by the City Manager at
his/her sole discretion.
6.20. Prior to approval of the final map for Tract No. 5906 for the Property,
Developer shall submit and gain approval from City Manager of an
Implementation Plan. The Implementation Plan shall address the
requirements for phasing and construction responsibilities of Developer
and any successors including sureties for performance for all grading,
construction of storm drains and utilities, private and public streets, and
other private and public improvements on or offsite required by Tract
5906 and this Agreement. The Implementation Plan shall also address
entities responsible and method of timing of guarantee for each
component of Developer's obligations pursuant to Tract 5906 and this
Agreement, and no portion of the responsibility for these improvements
may be transferred to owners of any individual lots in Tract 5906. The
approval of the Implementation Plan and any amendments thereto shall
be at the City Manager's sole discretion. Prior to sale or transfer of
ownership of any portion of Tract 5906, except individual lots,
Developer shall seek City Manager approval of an amendment to the
Implementation Plan to address the responsibilities of each entity.
6.21. Developer shall design and construct at Developer's expense a thirty-
two (32) foot wide paved access road on Southern California Edison
property (paved access road) to the Property to serve as the primary
access until such time as the Improvements referenced in Section 6.19
are constructed. At such time as the improvements in Section 6.19 are
opened to the public, the paved access road shall become an access
for emergency only. The paved access road shall be located as
described in the road, slope and drain easement grant from Southern
California Edison Company to AB Properties, recorded on December 8,
2010 in the Office of the Recorder, County of Ventura by Instrument
No. 20101208-00191903-0 1/24, and shall be constructed to City
Standards for an industrial street but with no requirement for curb,
gutter, sidewalk, streetlights, or landscaping. Drainage improvements
shall be provided as necessary, and slopes shall be landscaped to
prevent erosion. At such time as the improvements in Section 6.22 are
opened to the public, the paved access road shall be closed to the
public.
6.22. Prior to the recording of the Final Map for the Project, a Community
Facilities District or other funding mechanism to the satisfaction of the
City Council, shall be established to provide funding for improvements
to North Hills Parkway from the future eastern Property access road
along the east-west section of North Hills Parkway to Gabbert Road and
Gabbert Road from North Hills Parkway to a point one-hundred and
Page 13 of 23
52
i
twenty-five (125) feet north of the railroad right-of-way. A full or partial
buyout in an amount and timing to the satisfaction of the City Council
may substitute for the establishment of a district or other funding
mechanism.
Prior to the issuance of a building permit for any portion of the Property
that exceeds seventy percent (70%) of the acreage of the total of all
developable lots (excluding lots used solely as private streets), the
North Hills Parkway undercrossing at the Railroad Right-of-Way
immediately south of the Property shall be completed in a manner
approved by the City.
7. City Agreements.
7.1. City shall use its best efforts to process plan checking and related
processing for the project in an expedited manner.
7.2. City shall exempt this project from payment of the Gabbert Road/Casey
Road Area of Contribution (AOC) fees.
7.3. City agrees that upon receipt of a landowners' petition by developer and
Developer's payment of a fee as determined necessary by City in its
sole and unfettered discretion, City shall commence proceedings to
form a Mello-Roos Community Facilities District ("District") and to incur
bonded indebtedness to finance all or portions of the on-site and off-site
public facilities, infrastructure and services that are required by this
Agreement and Subsequent Approvals and that may be provided
pursuant to the Mello-Roos Community Facilities Act of 1982 (the
"Act"); provided, however, the City Council, in its sole and unfettered
discretion, may abandon establishment of the District upon the
conclusion of the public hearing required by California Government
Code Section 53321 and/or deem it unnecessary to incur bonded
indebtedness at the conclusion of the hearing required by California
Government Code Section 53345. The formation, type of assessment
district (if City determines another type of assessment district other than
District is more appropriate) and method and spread of assessment
shall be at the City's sole and unfettered discretion.
7.4. If requested in writing by Developer and limited to City's legal authority,
City shall proceed to acquire, at Developer's sole cost and expense,
easements or fee title to land in which Developer does not have title or
interest in order to allow construction of public improvements required
of Developer which are outside Developer's legal boundaries. The
process shall generally follow Government Code Section 66457 et. seq.
and shall include the obligation of Developer to enter into an agreement
with City, guarantee by cash deposits and other security as the City
Page 14 of 23
53
may require, to pay all City costs including but not limited to, acquisition
of the interest, attorney fees, appraisal fees, engineering fees, and City
overhead expenses of fifteen percent (15%) on all out-of-pocket costs
and City staff costs.
7.5 City shall refund Developer twelve-thousand six hundred dollars
($12,600.00) collected to process Lot Line Adjustments 2010-01
through 2010-07 by crediting this amount to the Development Deposit
Fund for this project.
7.6 During project construction, City agrees to allow the on-going import,
stockpiling, and use of recycled concrete and asphaltic concrete
material for road base for the private streets within the property when in
compliance with all Moorpark Municipal Code requirements and all
other applicable City Council polices, based on the issuance of a
Stockpiling Permit and up to four (4) temporary use permits, for each
crushing operation of uncrushed material not to exceed thirty (30) days
in length for crushing up to ten-thousand (10,000 tons) of uncrushed
material and subject to the following terms:
• Hauling and crushing operations shall be limited to 7:00 AM to 5:00
PM Monday through Friday, excluding City Holidays. The City
Engineer/Public Works Director may impose stricter hours on
hauling as needed to avoid impacts to peak-hour traffic.
• The stockpiling location shall be subject to approval by the City
Engineer/Public Works Director with proper surety for removal of
material.
• Stockpiling shall not exceed ten-thousand (10,000) tons of material
at any time.
• Prior to bringing any material to the stockpiling location, a report on
the source and quantity shall be provided to the satisfaction of the
City Engineer/Public Works Director to ensure the material is
suitable for recycling and consistent with the terms of the
Development Agreement and Stockpiling Permit
• All stockpiling under the permit shall be removed prior to the
issuance of a building permit for any portion of the Property that
exceeds seventy percent (70%) of the acreage of the total of all
developable lots (excluding lots used solely as private streets).
• The recycled road base shall meet acceptable green book standards
to the satisfaction of the City Engineer/Public Works Director.
7.7 City shall facilitate the reimbursement to Developer of any costs
incurred by Developer that may be subject to partial reimbursement
from other developers as a condition of approval of a tract map,
development permit, or development agreement with one or more other
developers. For road improvements, this shall include the Gabbert
Road improvements from the intersection with Poindexter Avenue north
Page 15 of 23
54
to a point one-hundred and twenty-five (125) feet north of the railroad
right-of-way as specified in Section 6.19 as well as improvements made
by Developer to North Hills Parkway between Gabbert Road on the
east and the eastern Project boundary on the west, where, as
determined at the sole discretion of the City Manager, such
improvements are consistent with City plans and specifications for
North Hills Parkway improvements and may be used in conjunction with
City-constructed improvements to North Hills Parkway.
7.8 In the event City has not initiated construction of the North Hills
Parkway undercrossing of the railroad right-of-way in a time as required
by Section 6.22 prior to issuance of a building permit for any portion of
the property that exceeds seventy percent (70%) of the acreage of the
total of all developable lots (excluding lots used solely as private
streets), City shall allow Developer to construct undercrossing and City
shall reimburse Developer for expenses as agreed upon by City and
Developer prior to construction in a manner as allowed by law.
7.9 City agrees to terminate Development Agreement No. 1998-04,
adopted by the City Council on December 16, 1998 through Ordinance
No. 250, and recorded by the County Recorder on December 30, 1998
with the assigned document number 98-233584.
8. Supersession of Agreement by Change of Law. In the event that any state or
federal law or regulation enacted after the date the Enabling Ordinance was
adopted by the City Council prevents or precludes compliance with any provision
of the Agreement, such provision shall be deemed modified or suspended to
comply with such state or federal law or regulation, as reasonably determined
necessary by City in its sole and unfettered discretion.
9. Demonstration of Good Faith Compliance. In order to ascertain compliance by
the Developer with the provisions of this Agreement, the Agreement shall be
reviewed annually in accordance with Moorpark Municipal Code chapter 15.40.
of City or any successor thereof then in effect. The failure of City to conduct any
such annual review shall not, in any manner, constitute a breach of this
Agreement by City, diminish, impede, or abrogate the obligations of the
Developer hereunder or render this Agreement invalid or void.
10. Authorized Delays. Performance by any Party of its obligations hereunder, other
than payment of fees, and Developer's obligations and restrictions on
development as provided for in Sections 6.19, 6.20, 6.21 and 6.22 of this
Agreement shall be excused during any period of "Excusable Delay", as
hereinafter defined, provided that the Party claiming the delay gives notice of the
delay to the other Parties as soon as possible after the same has been
ascertained. For purposes hereof, Excusable Delay shall mean delay that
directly affects, and is beyond the reasonable control of, the Party claiming the
Page 16 of 23
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delay, including without limitation: (a) act of God; (b) civil commotion; (c) riot; (d)
strike, picketing or other labor dispute; (e) shortage of materials or supplies; (e)
damage to work in progress by reason of fire, flood, earthquake or other
casualty; (f) failure, delay or inability of City to provide adequate levels of public
services, facilities or infrastructure to the Property including, by way of example
only, the lack of water to serve any portion of the Property due to drought; (g)
delay caused by a restriction imposed or mandated by a governmental entity
other than City; or (h) litigation brought by a third party attacking the validity of
this Agreement, a Project Approval, a Subsequent Approval or any other action
necessary for development of the Property.
11. Default Provisions.
11.1. Default by Developer. The Developer shall be deemed to have
breached this Agreement if it:
(a) practices, or attempts to practice, any fraud or deceit upon City; or
(b) willfully violates any order, ruling or decision of any regulatory or
judicial body having jurisdiction over the Property or the Project,
provided that Developer may contest any such order, ruling or decision
by appropriate proceedings conducted in good faith, in which event no
breach of this Agreement shall be deemed to have occurred unless and
until there is a final adjudication adverse to Developer; or
(c) fails to make any payments required under this Agreement; or
(d) materially breaches any of the other provisions of the Agreement
and the same is not cured within the time set forth in a written notice of
violation from City to Developer, which period of time shall not be less
than ten (10) days from the date that the notice is deemed received,
provided if Developer cannot reasonably cure the breach within the time
set forth in the notice, Developer fails to commence to cure the breach
within such time limit and diligently effect such cure thereafter.
11.2. Default by City. City shall be deemed in.breach of this Agreement if it:
(a) materially breaches any of the provisions of the Agreement and the
same is not cure within the time set forth in a written notice of violation
from Developer to City, which period shall not be less than ten (10)
days from the date the notice is deemed received, provided if City
cannot reasonably cure the breach within the time set forth in the
notice, City fails to commence to cure the breach within such time limit
and diligently effect such cure thereafter.
Page 17 of 23
56
11.3. Content of Notice of Violation. Every notice of violation shall state with
specificity that it is given pursuant to this subsection of the Agreement,
the nature of the alleged breach, and the manner in which the breach
may be satisfactorily cured. Every notice shall include a period to cure,
which period of time shall not be less than ten (10) days from the date
that the notice is deemed received, provided if the defaulting party
cannot reasonably cure the breach within the time set forth in the notice
such party must commence to cure the breach within such time limit
and diligently effect such cure thereafter. The notice shall be deemed
received when personally delivered or upon the third (3rd) day after
deposit in the United States mail, registered or certified, postage
prepaid, return receipt requested, to the Parties at the addresses set
forth in Exhibit "C" attached hereto and incorporated herein, in
accordance with Section 20 hereof.
11.4. Remedies for Breach. The Parties acknowledge that remedies at law,
including without limitation money damages, would be inadequate for
breach of this Agreement by any Party due to the size, nature and
scope of the Project. The Parties also acknowledge that it would not be
feasible or possible to restore the Property to its natural condition once
implementation of the Agreement has begun. Therefore, the Parties
agree that the remedies for breach of the Agreement shall be limited to
the remedies expressly set forth in this subsection. Prior to pursuing
the remedies set forth herein, notice and an opportunity to cure shall be
provided pursuant to subsection 11.3 herein.
The remedies for breach of the Agreement by City shall be injunctive
relief and/or specific performance.
The remedies for breach of the Agreement by the Developer shall be
injunctive relief and/or specific performance. In addition, and
notwithstanding any other language of this Agreement, if the breach is
of Subsection 6.3, 6.4, 6.5, 6.6, 6.7, 6.9, 6.10, 6.11, 6.12, 6.19, 6.21, or
6.22 of this Agreement, City shall have the right to withhold the
issuance of building permits from the date that the notice of violation
was given pursuant to Subsection 11.3 hereof until the date that the
breach is cured as provided in the notice of violation.
Nothing in this subsection shall be deemed to preclude City from
prosecuting a criminal action against the Developer if it violates any City
ordinance or state statute.
12. Mortgage Protection. At the same time that City gives notice to the Developer of
a breach, City shall send a copy of the notice to each holder of record of any
deed of trust on the portion of the Property in which Developer has a legal
interest ("Financier"), provided that the Financier has given prior written notice of
Page 18 of 23
57
its name and mailing address to City and the notice makes specific reference to
this section. The copies shall be sent by United States mail, registered or
certified, postage prepaid, return receipt requested, and shall be deemed
received upon the third (3rd) day after deposit.
Each Financier that has given prior notice to City pursuant to this section shall
have the right, at its option and insofar as the rights of City are concerned, to
cure any such breach within fifteen (15) days after the receipt of the notice from
City. If such breach cannot be cured within such time period, the Financier shall
have such additional period as may be reasonably required to cure the same,
provided that the Financier gives notice to City of its intention to cure and
commences the cure within fifteen (15) days after receipt of the notice from City
and thereafter diligently prosecutes the same to completion. City shall not
commence legal action against Developer by reason of Developer's breach
without allowing the Financier to cure the same as specified herein.
Notwithstanding any cure by Financier, this Agreement shall be binding and
effective against the Financier and every owner of the Property, or part thereof,
whose title thereto is acquired by foreclosure, trustee sale or otherwise.
13. Estoppel Certificate. At any time and from time to time, any Developer may
deliver written notice to City and City may deliver written notice to the Developer
requesting that such Party certify in writing that, to the knowledge of the certifying
Party, (i) this Agreement is in full force and effect and a binding obligation of the
Parties, (ii) this Agreement has not been amended, or if amended, the identity of
each amendment, and (iii) the requesting Party is not in breach of this
Agreement, or if in breach, a description of each such breach. The Party
receiving such a request shall execute and return the certificate within thirty (30)
days following receipt of the notice. City acknowledges that a certificate may be
relied upon by successors in interest to the Developer who requested the
certificate and by holders of record of deeds of trust on the portion of the
Property in which that Developer has a legal interest.
14. Administration of Agreement. Any decision by City staff concerning the
interpretation and administration of this Agreement and development of the
Property in accordance herewith may be appealed by the Developer to the City
Council, provided that any such appeal shall be filed with the City Clerk of City
within ten (10) days after the affected Developer receives notice of the staff
decision. The City Council shall render its decision to affirm, reverse or modify
the staff decision within thirty (30) days after the appeal was filed. The
Developer shall not seek judicial review of any staff decision without first having
exhausted its remedies pursuant to this section.
15. Amendment or Termination by Mutual Consent. In accordance with the
provisions of Chapter 15.40 of the Moorpark Municipal Code of City or any
Page 19 of 23
58
successor thereof then in effect, this Agreement may be amended or terminated,
in whole or in part by mutual consent of City and the Developer.
15.1. Exemption for Amendments of Protect Approvals. No amendment to a
Project Approval shall require an amendment to this Agreement and
any such amendment shall be deemed to be incorporated into this
Agreement at the time that the amendment becomes effective, provided
that the amendment is consistent with this Agreement.
16. Indemnification. The Developer shall indemnify, defend with counsel approved
by City, and hold harmless City and its officers, employees and agents from and
against any and all losses, liabilities, fines, penalties, costs, claims, demands,
damages, injuries or judgments arising out of, or resulting in any way from, the
Developer's performance pursuant to this Agreement.
Developer shall indemnify, defend with counsel approved by City, and hold
harmless City and its officers, employees and agents from and against any action
or proceeding to attack, review, set aside, void or annul this Agreement or any
provision thereof or the Project Approvals or any Subsequent Approvals or
modifications thereto, or any other subsequent entitlements for the project
including any related environmental approval.
17. Time of Essence. Time is of the essence for each provision of this Agreement of
which time is an element.
18. Operative Date. This Agreement shall become operative on the date the
Enabling Ordinance becomes effective pursuant to Government Code Section
36937.
19. Term. This Agreement shall remain in full force and effect for a term of twenty
(20) years commencing on its operative date or until a building permit is issued
and all fees identified in this agreement are paid for the last developable lot in the
Project, whichever comes last, unless said term is amended or the Agreement is
sooner terminated as otherwise provided herein.
Upon expiration of the term or earlier termination of this Agreement, the Parties
shall execute any document reasonably requested by any Party to remove this
Agreement from the public records as to the Property, and every portion thereof,
to the extent permitted by applicable laws.
20. Notices. All notices and other communications given pursuant to this Agreement
shall be in writing and shall be deemed received when personally delivered or
upon the third (3rd) day after deposit in the United States mail, registered or
certified, postage prepaid, return receipt requested, to the Parties at the
addresses set forth in Exhibit "C" attached hereto and incorporated herein.
Page 20 of 23
59
Any Party may, from time to time, by written notice to the other, designate a
different address which shall be substituted for the one above specified.
21. Entire Agreement. This Agreement and those exhibits and documents
referenced herein contains the entire agreement between the Parties regarding
the subject matter hereof, and all prior agreements or understandings, oral or
written, are hereby merged herein. This Agreement shall not be amended,
except as expressly provided herein.
22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of
any other provision, whether or not similar; nor shall any such waiver constitute a
continuing or subsequent waiver of the same provision. No waiver shall be
binding, unless it is executed in writing by a duly authorized representative of the
Party against whom enforcement of the waiver is sought.
23. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement shall be effective to the extent the remaining provisions are not
rendered impractical to perform, taking into consideration the purposes of this
Agreement.
24. Relationship of the Parties. Each Party acknowledges that, in entering into and
performing under this Agreement, it is acting as an independent entity and not as
an agent of the other Party in any respect. Nothing contained herein or in any
document executed in connection herewith shall be construed as creating the
relationship of partners, joint ventures or any other association of any kind or
nature between City and Developer, jointly or severally.
25. No Third Party Beneficiaries. This Agreement is made and entered into for the
sole benefit of the Parties and their successors in interest. No other person shall
have any right of action based upon any provision of this Agreement.
26. Recordation of Agreement and Amendments. This Agreement and any
amendment thereof shall be recorded with the County Recorder of the County of
Ventura by the City Clerk of City within the period required by Chapter 15.30 of
the Moorpark Municipal Code of City or any successor thereof then in effect.
27. Cooperation Between City and Developers. City and each Developer shall
execute and deliver to the other all such other and further instruments and
documents as may be necessary to carry out the purposes of this Agreement.
28. Rules of Construction. The captions and headings of the various sections and
subsections of this Agreement are for convenience of reference only, and they
shall not constitute a part of this Agreement for any other purpose or affect
interpretation of the Agreement. Should any provision of this Agreement be
found to be in conflict with any provision of the Project Approvals or the
Page 21 of 23
60
Subsequent Approvals, the provision of this Agreement shall prevail.
29. Joint Preparation. This Agreement shall be deemed to have been prepared
jointly and equally by the Parties, and it shall not be construed against any Party
on the ground that the Party prepared the Agreement or caused it to be
prepared.
30. Governing Law and Venue. This Agreement is made, entered into, and executed
in the County of Ventura, California, and the laws of the State of California shall
govern its interpretation and enforcement. Any action, suit or proceeding related
to, or arising from, this Agreement shall be filed in the appropriate court having
jurisdiction in the County of Ventura.
31. Attorneys' Fees. In the event any action, suit or proceeding is brought for the
enforcement or declaration of any right or obligation pursuant to, or as a result of
any alleged breach of, this Agreement, the prevailing Party shall be entitled to its
reasonable attorneys' fees and litigation expenses and costs, and any judgment,
order or decree rendered in such action, suit or proceeding shall include an
award thereof.
32. Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be deemed an original, but all of which constitute one and the
same instrument.
33. Termination of Previous Development Agreement. Development Agreement No.
1998 704, adopted by the City Council on December 16, 1998 through Ordinance
No. 250, and recorded by the County Recorder on December 30, 1998 with the
assigned document number 98-233584, is terminated upon the effective-date of
the enabling ordinance (Ordinance No. 416) for this Agreement.
Page 22 of 23
61
IN WITNESS WHEREOF, Developer and City of Moorpark have executed this
Development Agreement on the date first above written.
CITY OF MOORPARK
c �
l ice S. Parvin
or
OWNER/DEVELOPER
A-13 PROPERTIES
By:
Paul D. Burns
General Partner
ALL SIGNATURES MUST BE NOTARIZED.
Page 23 of 23
62
ACKNOWLEDGMENT
State of California
County of Ventura
On January 15, 2013 before me, Barbara Renate Folden
(insert name and title of the officer)
personally appeared Paul D. Burns
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. s BARBARA RENATE FOLDEN s
R COMM.#1928657 R
u NOTARY PUBLIC-CALIFORNIA U
1 VENTURA COUNTY 1
My Cwv son F-V.A 13,2015
Signature Ao�' Va 4�4L� L06Lez'I
(Seal)
63
vPaK �4��
°92 CITY OF MOORPARK
O
,F v
O �
o ADMINISTRATIVE SERVICES DEPARTMENT 1 799 Moorpark Avenue,Moorpark,California 93021
940 1° Main City Phone Number(805)517-6200 1 Fax(805)532-2520 1 moorpark @ci.moorpark.ca.us
RyTFO �uv
PUBLIC AGENCY FORM OF ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
On this 15th day of February in the year 2013, before me, Maureen Benson,
City Clerk of the City of Moorpark, personally appeared Janice S. Panrin,who proved
to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and who is personally known to me to be the
person whose name is subscribed to the within instrument and acknowledged to me
that she executed the same in her authorized capacity as the Mayor of the City of
Moorpark, and that by her signature on the instrument,acknowledged to me that the
City executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
Witness my hand and Official Seal _
°o
/tai i i Ar�� O
Maureen Benson `
City Clerk „^�
JANICE S.PARVIN ROSEANN MIKOS,Ph.D. KEITH F.MILLHOUSE DAVID POLLOCK MARK VAN DAM 64
Mayor Councilmember Councilmember Councilmember Councilmember
EXHIBIT A%
LEGAL DESCRIPTION
Tract 5147, as recorded in Miscellaneous Records (Maps) Book 158, Pages 37-40 in
the office of the County Recorder of Ventura County.
A-1
65
EXHIBIT B
COVENANT RUNNING WITH THE LAND
THIS COVENANT is made this day of , by and
between A-B Properties ("Covenantor") and the City of Moorpark ("Covenantee").
WHEREAS, Covenantor is the owner of certain real property consisting of
approximately 34.53 acres, approximately 1,300 feet west of Gabbert Road and
North of the Union Pacific Railroad Right-of-Way in the City of Moorpark, County
of Ventura, more particularly described in Exhibit "A" attached hereto and made a
part hereof("the Covenantor Property"); and
WHEREAS, Covenantee is the owner of certain real property at 799 Moorpark
Avenue, in the City of Moorpark, County of Ventura, more particularly described
in Exhibit "B" attached hereto and made a part hereof ("the Covenantor
Property"); and
WHEREAS, Covenantee rezoned the Covenantor Property from Agricultural
Exclusive (AE) to Limited Industrial (M-2) through Ordinance No. 249 on
December 16, 1998, but for the concern that some of the uses that are presently,
or may subsequently be, allowed by right or permit in the M-2 zone are, or may
be, inappropriate uses for the Covenantor Property because of its particular
location;
WHEREAS, Covenantor acknowledges that some of the uses that are presently,
or may subsequently be, allowed by right or permit in the M-2 zone are, or may
be, inappropriate uses for the Covenantor Property because of its particular
location; and
NOW, THEREFORE, in consideration of the mutual promises of the parties to
this Covenant, each to the other as Covenantor and Covenantee, and expressly
for the benefit of, and to bind, their successors in interest, the parties agree as
follows:
B-1
66
1. Covenantee adopted Ordinance No. 249 rezoning the Covenantor Property from
Agricultural Exclusive (AE) to Limited Industrial (M-2);
2. Covenantor agrees that, commencing on the effective date of the ordinance
rezoning the Covenantor Property from Agricultural Exclusive (AE) to Limited
Industrial (M-2), that Covenantor Property will be subject to the following
restrictions, in addition to, and superseding the M-2 regulations. In the event
there is a conflict between the restrictions in Paragraphs 2.A. and 2.B. of this
Covenant and the M-2 regulations, the restrictions in Paragraphs 2.A. and 2.13.
shall control.
A. Primary uses, except agricultural crops, shall be conducted within
completely enclosed buildings and metal faced buildings shall not be
allowed as principal buildings. Outside storage and operations shall not be
allowed as primary uses, only accessory outside storage shall be allowed,
subject to the permitting requirements (Administrative Permit) and
limitations in the M-2 zone (in conjunction with an approved use and
screened by an eight (8) foot high masonry wall matched to the structure.
B. The following uses shall not be allowed as a primary use:
Manufacturing - Batteries
Manufacturing - Metal industries, primary; Rolling, drawing, and
extruding
Manufacturing - Rubber and plastics products including tire
retreading and recapping
Manufacturing - Cement, concrete and plaster, and product
fabrication
• Self-storage or mini-storage
• Recreational vehicle storage
Distribution and transportation facilities
3. Covenantor and Covenantee agree that, commencing on the effective date of the
Development Agreement, all uses specified in Paragraph 2.13. hereof that are
presently allowed or that at any time in the future may be allowed in the M-2
(Limited Industrial) zone, whether by right or by permit, shall be deemed
transferred from the Covenantor's Property to the Covenantee Property for the
benefit of the Covenantee Property.
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B-2
4. Covenantors and Covenantee agree that from time to time Covenantee may
substitute any other property owned by Covenantee on the date of the
substitution for the Covenantee Property ("the Substitute Covenantee Property")
without the consent of Covenantor by the recordation of an amendment to this
Covenant. The amendment shall describe the Substitute Covenantee Property
and shall provide that, commencing on the date of recordation of the
amendment, all uses not specified in Paragraph 2 hereof that are presently
allowed, or that at any time in the future may be allowed, in the M-2 (Limited
Industrial) zone, whether by right or by permit, shall be deemed transferred from
that Covenantor Property to the Substitute Covenantee Property for the benefit of
the Substitute Covenantee Property.
5. All of the covenants, restrictions, and limitations set forth herein shall run with the
Covenantee Property and the Covenantor Property and shall benefit and bind all
persons, whether natural or legal, having or acquiring any right, title, or interest in
any portion of the Covenantee Property or the Covenantor Property. Each
.grantee of a conveyance or purchaser under a contract of sale or similar
instrument that covers any right, title, or interest in or to any portion of the
Covenantee Property or the Covenantor Property, by accepting a deed or a
contract of sale or similar instrument, accepts the conveyance or sale subject to,
and agrees to be bound and benefited by, all of the covenants, restrictions and
limitations set forth herein.
6. Nothing in this Covenant shall be construed so as to limit the right of Covenantee
to rezone, or the right of Covenantor to petition Covenantee to rezone, the
Covenantor Property in the future.
7. This Covenant shall remain in full force and effect until such time as an ordinance
rezoning the Covenantor Property from Limited Industrial (M-2) to another zone
designation becomes effective.
8. This Covenant may be enforced by proceedings at law or in equity against any
person who violates or attempts to violate a covenant, restriction or limitation
hereof. The prevailing party shall be entitled to recover such attorneys' fees and
court costs as it reasonably incurs in such a proceeding.
9. In the event any provision of this Covenant is found to be invalid or
unenforceable in any proceeding at law or in equity, such finding shall not affect
the other provisions of this Covenant, which shall remain in full force and effect.
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B-3
1 Q. Either party may record in the office of the Recorder of Ventura County this
Covenant or any amendment hereto specified in Paragraph 4 hereof without the
consent of the other party.
IN WITNESS WHEREOF, Covenantor and Covenantee have executed this
Covenant on the date first above written
COVENANTOR COVENANTEE
A-B PROPERTIES CITY OF MOORPARK
69
EXHIBIT C/
To City: City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn. City Manager
To Developer: A-B Properties
505 E. Thousand Oaks Blvd.
Thousand Oaks, CA 91360
Attn: Paul Burns
C-1
70
ITEM: tole
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Robardt, Community Developmen i actor
Prepared by Joseph Fiss, Principal Planner
DATE: February 21, 2013 (PC Meeting of 2126/13)
SUBJECT: Consider a Resolution Recommending Approval of Tentative `tract
Map No. 5906, a Re-Subdivision of Tract No. 5147 for 17 Industrial
Lots on 34.70 Acres, Located 1300 Feet West of Gabbert Road, North
of the Union Pacific Railroad Right-of-Way, on the Application of
John Newton for A-B Properties
BACKGROUND
On August 17, 2012, John Newton for A-6 Properties filed an application for Tentative -
Tract Map No. 5906, a re-subdivision of Tract No. 5147 for 17 industrial lots on 34.70
acres, located 1300 feet west of Gabbert Road, north of Union Pacific Railroad right-of-
way. The site currently is partially graded and unimproved, but has been subdivided
with 17 industrial lots, one open space lot, private streets, and dedications for North
Hills Parkway. A settlement agreement with Southern California Edison (SCE') over
access to the property has resulted in the need to . reconfigure the lots and
improvements.
DISCUSSION
Project Setting
Existing Site Conditions:
The existing 34.70 acre site has been partially graded and grubbed to a generally flat
condition under a previously approved permit. Plants that have re-grown on the site
consist of weeds and shrubs. There is an existing Ventura County Flood Control District
concrete flood control channel (Gabbert Wash) located contiguous and west of the
proposed north-south connector street which will remain permanent open space and
has not been graded. Historically, the site had been used for agricultural purposes.
The site is currently accessed from Gabbert Road from an unpaved easement through
the property on the east. The disposition of this easement is discussed in detail in the
analysis section below.
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Previous Applications:
Resolution No. 98-1556, approving General Plan Amendment No. 97-2, was adopted by
the City Council on December 16, 1998, amending the Land Use Element of the
General Plan from "AG-1" (Agricultural 1du/10-40 acres) to "1-2" (Medium Industrial).
Ordinance No. 249, approving Zone Change No. 97-6 to change the designation from
A-E (Agricultural Exclusive) to M-2 (Medium Industrial), was adopted by the City Council
on December 16, 1998.
Ordinance No. 250, which included two Development Agreements, one with A-B
Properties for the subject site, and one with Southern California Edison Company for an
adjacent 8.79 acres, was adopted by the City Council on December 16, 1998.
Resolution No. 2000-1714 was adopted by the City Council on March 15, 2000,
approving Tentative Tract Map No. 5147 for the subdivision of 34.53 acres into 17
industrial lots, including remainders for open space and right-of-way.
All Los Angeles Avenue Area of Contribution fees were paid on September 28, 2006,
and Final Map No. 5147 was approved by the City Council and was recorded on Friday,
August 17, 2007.
On January 16, 2013, the City Council adopted Ordinance No. 416, approving a new
development agreement for this property consistent with the terms of the settlement
agreement, replacing a development agreement in effect since 1998. This new
development agreement became effective on February 15, 2013.
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Site 1-2 M-2 Graded Industrial Site
(Medium Industrial) (Limited Industrial)
North RL Rural Low AE Vacant & Residential
(1 du/5 acres maximum) (Agricultural Exclusive)
South 1-2 M-2 Utility Lines Railroad,
Medium Industrial (Limited Industrial) Vacant Land
--- _ _._ .._ ...... —
East RL Rural Low AE Unimproved
(1 du/5 acres maximum) (Agricultural Exclusive)
West RL Rural Low AE Flood Control Channel
(1 du/5 acres maximum) (Agricultural Exclusive) Agricultural Grove
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General Plan and Zoning Consistency:
The property is zoned M-2 (Limited Industrial). The purpose of this zone is to provide
suitable areas for the development of a broad range of industrial and quasi-industrial -
activities of a light manufacturing, processing or fabrication nature, while providing
appropriate safeguards for adjoining industrial sites, nearby nonindustrial properties and
the surrounding community. This subdivision is consistent with the goals of the zone.
The General Plan designation of the property is 1-2 (Medium Industrial). This
designation is intended to provide for intensive industrial uses including light
manufacturing, processing, fabrication and other non-hazardous industrial uses. Goal
No. 10 of the Land Use Element of the General Plan is to "Encourage a diversity of
industrial uses which are located and designed in a compatible manner with
surrounding land uses. This subdivision is consistent with the goals of the General
Plan."
Project Summary
The applicant is proposing a re-subdivision of a previously approved recorded tract
map. Tract No. 5147 was approved and recorded with the same number of lots and
open space as is currently being proposed, albeit with a slightly different layout. The
new layout is designed to accommodate an access road (discussed below) and
changes to the geometry of the proposed North Hills Parkway.
Proposed Tentative Tract Map No. 5906 includes 17 lots ranging in size from .82 acres
to 1.53 acres. One 6.64 acre remainder lot on the west side of the Gabbert Wash will
be covered by a conservation easement to remain in perpetual open space. Internal
streets will be private roads, with easements for public access.
Proposed Project
Site Improvements and National Pollution Discharge Elimination Standards
Requirements (NPDES);
Standard conditions for the project require all necessary on-site and off-site storm drain
improvements to be in compliance with National Pollution Discharge Elimination System
(NPDES) requirements. "Passive" Best Management Practices Drainage Facilities are
required to be provided so that surface flows are intercepted and treated on the surface
over biofilters (grassy swales), infiltration areas and other similar solutions.
ANALYSIS
Issues
A dispute arose between SCE and A-B Properties when the developer of the A-B
Properties land wanted to grade an access road from Gabbert Road to Tract 5147 on a
2001 easement they obtained on the adjacent Hitch Ranch property. That easement
was recorded on top of an exclusive easement already held by SCE since 1963. In
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October, 2007, A-B Properties sued SCE to enforce their access easement. A
Settlement Agreement between A-B Properties, SCE, and the Hitch Ranch owners
resolved this lawsuit. The terms of the Settlement Agreement, in summary, allow for A-
B Properties to construct and use an access road on the SCE property (conveyed in fee
to SCE as part of the settlement) for up to 40 years. Additional terms and restrictions
call for this access road to be no more than 32 feet wide, not interfering with any SCE
electrical transmission, have a slope drain no more than 3 feet wide, and provide truck
driveway access to SCE's 3 high voltage power poles. The Settlement Agreement also
calls for a new access road to replace this access road, restricting the original access
road to be for emergency access only once a new access road is built. Finally, after 8
years, A-B Properties would be responsible for a $125,000 per year use fee on the
access road if it is still needed. A separate Settlement Agreement between the City and
SCE led to action by the City Council in July 2011 to terminate the SCE Development
Agreement and rezone the 8.79-acre SCE property back to Agricultural Exclusive (A-E)
zoning, in place prior to approval of the two Development Agreements with A-B
Properties and SCE.
Concurrently, the City has been working on the specific alignment of the proposed North
Hills Parkway. The Parkway is intended to connect Los Angeles Avenue, at the western
boundary of the City with State Highway 118 to the east. The City has been acquiring
right-of-way from developments as they are approved adjacent to the Parkway. The
original design of this subdivision had the western entrance near the southern
boundary. Due to the design of the railroad underpass, it became apparent that this
entrance would not work with the geometry of the underpass and would have to be
relocated northerly. Originally, there was no access to the subdivision from the north.
As a result of the access restrictions discussed above, it was necessary to create a
second perpetual access to the subdivision. This new subdivision resolves these issues
by creating appropriately located accesses and internal circulation while maintaining the
same number of lots, with approximately the same sizes.
Findings
SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the
staff report(s) and accompanying maps and studies the City Council has determined
that the Tentative Parcel Map, with imposition of the attached special and standard
Conditions of Approval, meets the requirements of California Government Code
Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that:
A. The proposed map is consistent with the City of Moorpark General Plan and
Zoning Ordinance in that it is designed to accommodate uses permitted by the I-
2 (Medium Industrial) General Plan Designation and M-2 (Limited Industrial)
Zoning Designation.
1
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B. The design and improvements of the proposed subdivision would be consistent
with the City of Moorpark General Plan in that the subdivision advances the
Circulation Element by accommodating the future development of North Hills
Parkway and advances the Land Element by providing additional land to
accommodate a diversity of industrial uses which are located and designed in a
compatible manner with surrounding land uses.
C. The site is physically suitable for the type of development proposed in that the
site can be engineered to allow for all required utilities to be brought to the site,
adequate ingress and egress can be obtained, and the site can be provided with
public and emergency services.
D. The site is physically suitable for the proposed density of development, in that the
design provides for large graded pads for industrial development.
E. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage, in that all potential impacts would be
mitigated through project design or conditions.
F. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems, in that adequate sanitation is both feasible
and required as a condition of this development.
G. 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, in that these easements have been
identified and incorporated in the design of this project.
H. There will be no discharge of waste from the proposed subdivision into an
existing community sewer system in violation of existing water quality control
requirements under Water Code Sections 13000 et seq.
I. The proposed subdivision does not contain or front upon any public waterway,
river, stream, coastline, shoreline, lake, or reservoir.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable
provisions of these regulations, the following timelines have been established for action
on this project:
Date Application Determined Complete: February 7, 2013
Planning Commission Action Deadline: NIA
City Council Action Deadline: May 5, 2013
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Upon agreement by the City and Applicant, one 90-day extension can be granted; to the
date action must be taken on the application.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution,
the Community Development Director determines the level of review necessary for a
project to comply with the California Environmental Quality Act (CEQA). Some projects
may be exempt from review based upon a specific category listed in CEQA. Other
projects may be exempt under a general rule that environmental review is not
necessary where it can be determined that there would be no possibility of significant
effect upon the environment. A project which does not qualify for an exemption requires
the preparation of an Initial Study to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will
not have a significant effect upon the environment. In such a case, a Notice of Intent to
Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For
many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be
sufficient environmental documentation. If the Director determines that a project has
the potential for significant adverse impacts and adequate mitigation can not be readily
identified, an Environmental Impact Report (EIR) is prepared.
An Initial Study and Mitigated Negative Declaration had been prepared and certified for
the original project. No new information or impacts that require preparation of a new or
subsequent study have been identified as a result of this proposed modification to the
project.
STAFF RECOM.. ENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2013- , recommending to the City Council
conditional approval of Tentative Tract No. 5906.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits
A. Tentative Tract No. 5906
B. Right-of-Way Exhibit
C. Recorded Tract No. 5147
4. Draft PC Resolution with Conditions of Approval
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RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT
MAP NO. 5906, A RESUBDIVISION OF TRACT NO. 5147 FOR
17 INDUSTRIAL LOTS ON 34.70 ACRES, LOCATED 1,300
FEET WEST OF GABBERT ROAD, NORTH OF THE UNION
PACIFIC RAILROAD RIGHT-OF-WAY, ON THE APPLICATION
OF A-B PROPERTIES
WHEREAS, at a duly noticed public hearing on February 26, 2013 the Planning
Commission considered Tentative Tract Map No. 5906, a resubdivision of Tract No.
5147, for 17 industrial lots on 34.70 acres, located 1300 feet west of Gabbert Road,
north of the Union Pacific Railroad right-of-way, on the application of John Newton for
A-B Properties; and
WHEREAS, at a duly noticed public hearing held on May 15, 2013, the City
Council considered the agenda report and any supplements thereto and any written
public comments; opened the public hearing, took and considered public testimony both
for and against the proposal, closed the public hearing, and reached a decision on this
matter; and
WHEREAS, the Community Development Director has determined that 1) an
Initial Study and Mitigated Negative Declaration had been prepared and certified for the
original project; 2) No new information or impacts that require preparation of a new or
subsequent study have been identified as a result of this proposed re-subdivision of the
project; and 3) No further environmental documentation is required pursuant to the
California Environmental Quality Act of 1970, as amended.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTION: The City Council has
reviewed the Community Development Director's determination, and based on its own
independent judgment, concurs that 1) an Initial Study and Mitigated Negative
Declaration had been prepared and certified for the original project; 2) No new
information or impacts that require preparation of a new or subsequent study have been
identified as a result of this proposed re-subdivision of the project; and 3) No further
environmental documentation is required pursuant to the California Environmental
Quality Act of 1970, as amended.
SECTION 2. SUBDIVISION MAP ACT FINDINGS: Based on the information set
forth in the staff report(s) and accompanying maps and studies the City Council has
determined that the Tentative Parcel Map, with imposition of the attached special and
standard Conditions of Approval, meets the requirements of California Government
Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that:
CC ATTACHMENT 6 77
Resolution No. 2013-
Page 2
A. The proposed map is consistent with the City of Moorpark General Plan and
Zoning Ordinance in that it is designed to accommodate uses permitted by the I-
2 (Medium Industrial) General Plan Designation and M-2 (Limited Industrial)
Zoning Designation.
B. The design and improvements of the proposed subdivision would be consistent
with the City of Moorpark General Plan in that the subdivision advances the
Circulation Element by accommodating the future development of North Hills
Parkway and advances the Land Use Element by providing additional land to
accommodate a diversity of industrial uses which are located and designed in a
compatible manner with surrounding land uses.
C. The site is physically suitable for the type of development proposed in that the
site can be engineered to allow for all required utilities to be brought to the site,
adequate ingress and egress can be obtained, and the site can be provided with
public and emergency services.
D. The site is physically suitable for the proposed density of development, in that the
design provides for large graded pads for industrial development.
E. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage, in that all potential impacts would be
mitigated through project design or conditions.
F. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems, in that adequate sanitation is both feasible
and required as a condition of this development.
G. 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, in that these easements have been
identified and incorporated in the design of this project.
H. There will be no discharge of waste from the proposed subdivision into an
existing community sewer system in violation of existing water quality control
requirements under Water Code Section 13000 et seq.
I. The proposed subdivision does not contain or front upon any public waterway,
river, stream, coastline, shoreline, lake, or reservoir.
SECTION 3. CITY COUNCIL APPROVAL: The City Council hereby approves
Tentative Tract Map No. 5906, subject to the Standard and Special Conditions of
Approval included in Exhibit A (Standard and Special Conditions of Approval), attached
hereto and incorporated herein by reference.
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Resolution No. 2013-
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SECTION 4. CERTIFICATION OF ADOPTION: 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 15th day of May, 2013.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A— Standard and Special Conditions of Approval
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Resolution No. 2013-
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 5906
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Subdivisions and
Planned Developments as adopted by City Council Resolution No. 2009-2799 (Exhibit
A), except as modified by the following Special Conditions of Approval. In the event of
conflict between a Standard and Special Condition of Approval, the Special Condition
shall apply.
SPECIAL CONDITIONS
1. All requirements as specified in the Development Agreement adopted by
Ordinance No. 416 shall apply to this Tentative Tract Map.
2. All lands and interests in land dedicated to City shall be free and clear of liens
and encumbrances other than easements or restrictions that do not preclude or
interfere with use of the land or interest for its intended purpose, as reasonably
determined by City.
3. Developer agrees to cast affirmative ballots for the formation of an assessment
district and levying of assessments, for the maintenance of parkway and median
landscaping, street lighting and if requested by the City Council, parks for the
provision of special benefits conferred by same upon properties within the
Project. Developer further agrees to form one or more property owner
associations and to obligate said associations to provide for maintenance of
parkway and median landscaping, street lighting, and if requested by the City
Council, parks in the event the aforementioned assessment district is dissolved
or altered in any way or assessments are reduced or limited in any way by a
ballot election of property owners, or if the assessment district is invalidated by
court action.
4. Developer shall provide City an irrevocable offer of dedication to dedicate right-
of-way at no cost to City for the future North Hills Parkway (also known as future
118 bypass) along the entire length of the north side of the Property and along
the entire length of the west side of the Property east of the Gabbert Channel.
The right-of-way shall be a minimum of one hundred (100) feet in width on both
sections and shall also include necessary on-site and off-site slope easements in
addition to this width to accommodate a grade-separated crossing of the existing
railroad tracks south of the Property, along with turn radii and entry/exit lanes as
determined by the City at its sole and unfettered discretion. Developer further
agrees to dedicate access rights from the Property to the City along the entire
North Hills Parkway frontage, except for private streets as part of the Tract Map
for this Project.
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Resolution No. 2013-
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5. Developer agrees that as part of any grading of the property the right-of-way for
the future North Hills Parkway shall be graded per City direction.
6. Developer agrees to comply with all the provisions of the Hillside Management
Ordinance (Chapter 17.38 of the Municipal Code) of the City.
7. Prior to City Council Approval of the Final Map, Developer agrees to acquire and
construct, at its sole cost, dedicated public access to the properties, as approved
by the City Council. Secondary access to comply with City and public safety
requirements shall also be provided at Developer's sole cost.
8. Developer shall grant, in a form acceptable to City, a conservation easement to
retain that portion of the Property west of and including the Gabbert Canyon
drain in a predominantly open space condition consistent with Civil Code Section
815 et seq., except for the following purposes: temporary construction (including
temporary pumping needed for dewatering as part of any approved grading
operations for the Property), landscape maintenance of manufactured slope
areas, vegetation clearance within two hundred (200) feet of any structure for fire
hazard reduction, revegetation and biological habitat enhancement required by
City consistent with any Mitigation Monitoring Program, drainage conveyance,
emergency access and extension of North Hills Parkway. No excavation, drilling,
extraction, pumping (excluding such pumping as may be needed for dewatering
as part of approved grading operations), mining, or similar activity shall be
allowed in any portion of the Property zoned Open Space. The limitations and
exclusions described in this subsection shall be included in the conservation
easement. The foregoing does not restrict the extraction of subsurface mineral
resources by drilling from off the Property so long as the drilling apparatus and
equipment are screened from view from all points within the City. Further, if the
drilling site is not within the City, Developer agrees that before proceeding with
any drilling it shall secure a use permit from the City which may include
conditions ordinarily placed upon drilling operations. Further, noise impacts from
the drilling shall meet the same noise standards as placed on Industrial Planned
Development Permits and there shall be no visible evidence or impacts on the
ground surface of the Property:
The conservation easement shall be recorded concurrently with the recordation
of the first final subdivision map for the Property.
9. Prior to approval of a Final Map, Developer shall execute in favor of City and
record in the Office of the County Recorder of the County of Ventura a Covenant
running with the Land (Covenant) as set forth in Exhibit "B" of the Development
Agreement adopted by Ordinance No. 416.
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Resolution No. 2013-
Page 6
10. Prior to City Council approval of the final map for Tract No. 5906 for the Property,
Developer shall submit and gain approval from City Manager of an
Implementation Plan. The Implementation Plan shall address the requirements
for phasing and construction responsibilities of Developer and any successors
including sureties for performance for all grading, construction of storm drains
and utilities, private and public streets, and other private and public
improvements on or offsite required by Tract 5906 and the Development
Agreement adopted by Ordinance No. 416. The Implementation Plan shall also
address entities responsible and method of timing of guarantee for each
component of Developer's obligations pursuant to Tract 5906 and the
Development Agreement adopted by Ordinance No. 416, and no portion of the
responsibility for these improvements may be transferred to owners of any
individual lots in Tract 5906. The approval of the Implementation Plan and any
amendments thereto shall be at the City Manager's sole discretion. Prior to sale
or transfer of ownership of any portion of Tract 5906, except individual lots,
Developer shall seek City Manager approval of an amendment to the
Implementation Plan to address the responsibilities of each entity.
11. Prior to City Council approval of the Final Map for the Project, a Community
Facilities District or other funding mechanism to the satisfaction of the City
Council, shall be established to provide funding for improvements to North Hills
Parkway from the future eastern Property access road along the east-west
section of North Hills Parkway to Gabbert Road and Gabbert Road from North
Hills Parkway to a point one-hundred and twenty-five (125) feet north of the
railroad right-of-way. A full or partial buyout in an amount and timing to the
satisfaction of the City Council may substitute for the establishment of a district or
other funding mechanism.
12. Prior to City Council approval of the Final Map, a complete landscape and wall
plan for the project frontage along the North Hills Parkway, together with
specifications and a maintenance program shall be prepared by a State Licensed
Landscape Architect in accordance with the Moorpark Landscape Design
Standards and Guidelines and Water Efficient Landscape Ordinance, and shall
be submitted to the Community Development Director for review and approval.
The plans shall be approved prior to approval of the Final Map, and appropriate
surety posted as part of the subdivision improvement agreement. This wall and
landscaping shall be installed with the improvements to North Hills Parkway
required for this subdivision. The Applicant shall bear the cost of the landscape
plan review, installation of the landscaping and irrigation system, and of final
landscape inspection.
13. The final grading plans shall indicate the geotechnical consultant's removal and
recompaction recommendations and shall be reviewed, approved, signed and
wet- stamped by the project geotechnical engineer and project engineering
geologist, as acknowledgement that their recommendations have been
incorporated.
82
Resolution No. 2013-
Page 7
14. Concurrent with submittal of the grading plan, an Erosion Control Plan shall be
submitted to the City for review and approval by the City Engineer/Public Works
Director. The design shall include measures for hydroseeding on all graded
areas within 30 days of completion of grading unless otherwise approved by the
City Engineer. Reclaimed water shall be used for dust control during grading, if
available from Waterworks District No. 1 at the time of grading permit approval.
15. Requests for grading permits will be granted in accordance with the approved
Tentative Map No.5906, as required by these conditions and City ordinance and
policies. Additionally, the grading plan for the project shall identify the phase in
which individual lots will be graded and developed. The phasing plan shall be
subject to the review and approval of the Community Development Director and
City Engineer/Public Works Director.
16. 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). All review comments from the
City's geotechnical consultant in letter dated October 19, 1999, on file at the City
Engineer's office shall be addressed prior to the issuance of a grading permit.
17. Perimeter Wall: The developer shall construct a wall to be located not closer than
ten (10) feet to the property lines of the lots adjacent to North Hills Parkway.
Where adjacent to a slope, the wall shall be located at the top of the slope, but
no closer than ten (10) feet to the property line adjacent to North Hills Parkway.
The design and location of the wall shall be incorporated into the landscape plan
and is subject to the review and approval of the Community Development
Director and City Engineer/Public Works Director. The height of the wall on the
arterial roadway side shall be determined by the Community Development
Director and shall not exceed eight (8) feet. The wall shall be approved and
constructed as part of the first phase of public street improvements. The
applicant shall bond for the total cost of this improvement.
18. Tri Gem Avenue, Tri Gem Court, and Castlebrite Street shall be designed per
Ventura County Standard Plate B -3D (REV. G).
19. The cul-de-sac at the western end of Castlebrite Street shall be designed per
Ventura County Standard Plate C-3 with a modified 45-foot pavement radius
(REV. D).
20. Goldbar Drive Street shall be designed per Ventura County Standard Plate B -3C
(REV. G) and D -5. The following exceptions to the Standard Plate shall be
incorporated in the design: (1) the sidewalk shall be 5 feet wide and placed
adjacent to the curb.
83
Resolution No. 2013-
Page 8
21. The Developer shall provide slope easements for road maintenance purposes
only along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is
beyond the dedicated right-of-way. Said slope easements shall include the area
covered by the cut slope plus 5 feet and fill slope plus 5 feet.
22. Excepting the temporary paved access road connecting Gabbert Road to the
development site; the Developer shall include on the final map an irrevocable
offer of dedication to the City across all private streets for public access.
23. Utilities, facilities and services for Tract 5906 will be extended and /or
constructed in conjunction with its phased development by the developer as the
project proceeds and consistent with the Implementation Plan referenced in
Special Condition No. 10.
24. A Landscape Maintenance Assessment District (herein "District") shall be
formed, or an alternative acceptable to the City Engineer/Public Works Director,
in order to provide a funding source for City costs for the maintenance of any
parkway and slope landscaping adjacent to North Hills Parkway, in the event the
City opts to assume those responsibilities. In order to effect the formation of the
District, the Permittee shall:
a. Thirty (30) days prior to the recordation of any Map or the issuance of any
Zone Clearance for the project, submit to the City a signed Petition and
Waiver requesting the formation of the District;
b. Thirty (30) days prior to the submittal of the signed Petition/Waiver, submit
to the City the completed and City approved landscaping and irrigation
plans for the Parkway Landscaping;
C. One hundred twenty (120) days prior to the planned recordation of any
Map or the planned issuance of any Zone Clearance, submit to the City:
i. The final draft plans for the irrigation and landscaping for the
Parkway Landscaping, along with any required plan checking fees;
and
ii. A check in the amount of $5,000 as an advance toward City
assessment Engineering Costs related to the formation of the
District. [Note: The Permittee shall be required to pay any
additional amount required to fully cover all City costs for the
formation of the District].
84
Resolution No. 2013-
Page 9
25. Prior to or concurrently with the recordation of the Final Map the applicant shall
form a Property Owner Association, or other acceptable maintenance
mechanism, for the maintenance of the private landscaping areas. The form of
the Association or maintenance mechanism shall be to the satisfaction of the City
Attorney and the City Engineer.
-END-
85
KCIO( 4r- �: e
IECEI E
16 2013
FRED GAINES CITY CLERKS DIVISION
CITY OF MOORPARK
SHERMAN L.STACEY LAW OFFICES OF
LISA A.MINBERG' TELEPHONE(818)933-02DO
REBECCA A.THOMPSON GAINES& STACEY LLP FACSIMILE(818)933-0222
NANCI SESSIONS-STACEY 16633 VENTURA BOULEVARD,SUITE 1220 INTERNET:W WW-GAINESLAW.COM
KIMBERLY A.RIBLE ENCINO,CA 91436-1872
ALICIA B.BARTLEY
•e prWesatw�capoinlbn
May 14,2013
Joseph Fiss
Principal Planner
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 90266
Re: Tentative Tract No. 5906, Moorpark—Industrial Park
City Council Hearing—May 14,2013
Approval of Final Map
Dear Mr. Fiss:
This office represents Burns Pacific Construction, Inc., the owner of Tract No. 5906, Moorpark,
CA (the "Property"). This letter is written in response to the request for the inclusion of an
agreement that requires the future owners of the lots in the above-referenced industrial
development to join and fund a Landscape Maintenance Association District ("LMD"). We
understand the LMD is intended to provide a funding source for the costs of maintaining any
parkway and slope landscaping adjacent to Northhills Parkway, in the event that the City opts to
assume those responsibilities.
A Property Owners Association ("POA") will be established to maintain the improvements
within the Property, including all landscaping. All future owners of the lots will be required to
join the POA. We recommend that the POA CC&Rs include the requirement that each owner
support the creation of the LMD. The CC&Rs address landscaping issues and would be recorded
against each of the lots. Each new owner would then have binding notice of the LMD
requirement prior to purchasing its lot.
Please do not hesitate to contact me at any time with any questions that you may have.
Sincerely,
GAINES & STACEY LLP
By %�
FRED AI ES
Pic- CEIVED
I S 2013
C1 FY CLEHK'S D1v1b1u54
RESOLUTION NO. 2009-2799 CITY OF MOORPARK
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING THE USE OF
STANDARD CONDITIONS OF APPROVAL FOR
ENTITLEMENT PROJECTS
WHEREAS, at its meeting of March 18, 2009, the City Council considered
standard conditions for entitlement projects within the City of Moorpark, received public
testimony, and after receiving oral and written public testimony, reached a decision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council approves the use of Standard Conditions for
entitlement projects as shown in Exhibits A and B attached.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 18th day of March, 2009.
ice S. Parvin, Mayor
D.pop. e
ATTEST:
Maureen Benson, Assistant City Clerk o
.o
Attachments: Exhibit A: Standard Conditions of Approval for Subdivisions and
Planned Developments
Exhibit B: Standard Conditions of Approval for Conditional Use Permits
Resolution No. 2009-2799
Page 2
Exhibit A
CITY OF MOORPARK
STANDARD CONDITIONS OF APPROVAL
FOR SUBDIVISIONS AND PLANNED DEVELOPMENTS
A. The following conditions shall be required of all projects unless otherwise
noted.
GENERAL REQUIREMENTS
1. Within thirty (30) calendar days of approval of this entitlement, the applicant
shall sign and return to the Planning Division an Affidavit of Agreement and
Notice of Entitlement Permit Conditions of Approval, indicating that the
applicant has read and agrees to meet all Conditions of Approval of this
entitlement. The Affidavit of Agreement/Notice shall include a legal description
of the subject property, and have the appropriate notary acknowledgement
suitable for recordation.
2. The Final Map must include the final Conditions of Approval and a reference to
the adopted City Council resolution in a format acceptable to the Community
Development Director.
3. This subdivision expires two (2) years from the date of its approval. The
Community Development Director with the City Engineer's concurrence may, at
his/her discretion, grant up to one (1) additional one-year extension for map
recordation, if there have been no changes in the adjacent areas and if the
applicant can document that he/she has diligently worked towards Map
recordation during the initial period of time. The request for extension of this
Map must be made in writing, at least thirty calendar (30) days prior to the
expiration date of the map and must be accompanied by applicable entitlement
processing deposits.
4. This planned development permit expires one (1) year from the date of its
approval unless the use has been inaugurated by issuance of a building permit
for construction. The Community Development Director may, at his/her
discretion, grant up to two (2) additional one-year extensions for use
inauguration of the development permit, if there have been no changes in the
adjacent areas and if the applicant can document that he/she has diligently
worked towards use inauguration during the initial period of time. The request
for extension of this planned development permit must be made in writing, at
least thirty (30) days prior to the expiration date of the permit and must be
accompanied by applicable entitlement processing deposits.
5. The Conditions of Approval of this entitlement and all provisions of the
Subdivision Map Act, City of Moorpark Municipal Code and adopted City
policies at the time of the entitlement approval, supersede all conflicting
notations, specifications, dimensions, typical sections and the like which may
be shown on said Map and/or plans or on the entitlement application. This
Resolution No. 2009-2799
Page 3
language shall be added as a notation to the Final Map and/or to the final plans
for the planned development.
6. Conditions of this entitlement may not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an
authorized governmental agency.
7. Should continued compliance with these Conditions of Approval not be met, the
Community Development Director may modify the conditions in accordance
with Municipal Code Section 17.44.100 and sections amendatory or
supplementary thereto, declare the project to be out of compliance, or the
Director may declare, for some other just cause, the project to be a public
nuisance. The applicant shall be liable to the City for any and all costs and
expenses to the City involved in thereafter abating the nuisance and in
obtaining compliance with the Conditions of Approval or applicable codes. If the
applicant fails to pay all City costs related to this action, the City may enact
special assessment proceedings against the parcel of land upon which the
nuisance existed (Municipal Code Section 1.12.170).
8. All mitigation measures required as part of an approved Mitigation Monitoring
Report and Program (MMRP) for this entitlement are hereby adopted and
included as requirements of this entitlement. Where conflict or duplication
between the MMRP and the Conditions of Approval occurs the Community
Development Director shall determine compliance so long as it does not conflict
with the California Environmental Quality Act and the more restrictive measure
or condition shall apply.
9. If any archeological or historical finds are uncovered during grading or
excavation operations, all grading or excavation shall immediately cease in the
immediate area and the find must be left untouched. The applicant, in
consultation with the ,project paleontologist or archeologist, shall assure the
preservation of the site and immediately contact the Community Development
Director by phone, in writing by email or hand delivered correspondence
informing the Director of the find. In the absence of the Director,-the applicant
shall so inform the City Manager. The applicant shall be required to obtain the
services of a qualified paleontologist or archeologist, whichever is appropriate
to recommend disposition of the site. The paleontologist or archeologist
selected must be approved in writing by the Community Development Director.
The applicant shall pay for all costs associated with the investigation and
disposition of the find.
10. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance for a
grading permit, a paleontological mitigation plan outlining procedures for
paleontological data recovery must be prepared and submitted to the
Community Development Director for review and approval. The development
and implementation of this Plan must include consultations with the Applicant's
engineering geologist as well as a requirement that the curation of all
specimens recovered under any scenario will be through the Los Angeles
County Museum of Natural History (LACMNH). All specimens become the
property of the City of Moorpark unless the City chooses otherwise. If the City
accepts ownership, the curation location may be revised. The monitoring and
Resolution No. 2009-2799
Page 4
data recovery should include periodic inspections of excavations to recover
exposed fossil materials. The cost of this data recovery is limited to the
discovery of a reasonable sample of available material. The interpretation of
reasonableness rests with the Community Development Director.
11. The applicant shall defend, indemnify and hold harmless the City and its
agents, officers and employees from any claim, action or proceeding against
the City or its agents, officers or employees to attack, set aside, void, or annul
any approval by the City or any of its agencies, departments, commissions,
agents, officers, or employees concerning this entitlement approval, which
claim, action or proceeding is brought within the time period provided therefore
in Government Code Section 66499.37 or other sections of state law as
applicable and any provision amendatory or supplementary thereto. The City
will promptly notify the applicant of any such claim, action or proceeding, and, if
the City should fail to do so or should fail to cooperate fully in the defense, the
applicant shall not thereafter be responsible to defend, indemnify and hold
harmless the City or its agents, officers and employees pursuant to this
condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
i. The City bears its own attorney fees and costs;
i i. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a Final Map is ultimately recorded with respect to
the subdivision or a building permit is issued pursuant to the planned
development permit.
12. If any of the conditions or limitations of this approval are held to be invalid, that
holding does not invalidate any of the remaining conditions or limitations set
forth.
13. All facilities and uses, other than those specifically requested in the application
and approval and those accessory uses allowed by the Municipal Code, are
prohibited unless otherwise permitted through application for Modification
consistent with the requirements of the zone and any other adopted
ordinances, specific plans, landscape guidelines, or design guidelines.
14. All residential rentals shall comply with Chapter 15.34 Rental Housing
Inspection. (This Condition Applies to Residential Projects.)
FEES
15. Entitlement Processing: Prior to the approval of any Zoning Clearance for this
entitlement the applicant shall submit to the Community Development
Department all outstanding entitlement case processing fees, including all
Resolution No. 2009-2799
Page 5
applicable City legal service fees. This payment must be made within sixty (60)
calendar days after the approval of this entitlement.
16. Condition Compliance: Prior to the issuance of any Zoning Clearance, building
permit, grading permit, or advanced grading permit, the applicant shall submit
to the Community Development Department the Condition Compliance review
deposit.
17. Capital Improvements and Facilities. and Processing: Prior to the issuance of
any Zoning Clearance, the applicant shall submit to the Community
Development Department, capital improvement, development, and processing
fees at the current rate then in effect. Said fees include, but are not limited to
building and public improvement plan checks and permits. Unless specifically
exempted by City Council, the applicant is subject to all fees imposed by the
City as of the issuance of the first permit for construction and such future fees
imposed as determined by City in its sole discretion so long as said fee is
imposed on similarly situated properties.
18. Parks: Prior to issuance of Zoning Clearance for a building permit, the
applicant shall submit to the Parks, Recreation and Community Services
Department fees in accordance with the Moorpark Municipal Code and to the
satisfaction of the Parks, Recreation and Community Services Director.
19. Tree and Landscape: Concurrently with the issuance of a building permit, the
Tree and Landscape Fee must be paid to the Building and Safety Division in
accordance with City Council adopted Tree and Landscape Fee requirements
in effect at the time of building permit application. (This Condition Applies to
Commercial and Industrial Projects)
20. Fire Protection Facilities: Concurrently with the issuance of a building permit,
current Fire Protection Facilities Fees must be paid to the Building and Safety
Division in accordance with City Council adopted Fire Protection Facilities Fee
requirements in effect at the time of building permit application.
21. Library Facilities: Concurrently with the issuance of a building permit, the
Library Facilities Fee must be paid to the Building and Safety Division in
accordance with City Council adopted Library Facilities Fee requirements in
effect at the time of building permit application.
22. Police Facilities: Concurrently with the issuance of a building permit, the Police
Facilities Fee must be paid to the Building and Safety Division in accordance
with City Council adopted Police Facilities Fee requirements in effect at the
time of building permit application.
23. Traffic Systems Management: Concurrently with the issuance of a Zoning
Clearance for each building permit, the applicant shall submit to the Community
Development Department the established Moorpark Traffic Systems
Management(TSM) Fee for the approved development consistent with adopted
City policy for calculating such fee.
24. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a
building permit, the applicant shall submit to the Community Development
Department a fair-share contribution for intersection improvements relating to
Resolution No. 2009-2799
Page 6
the project. The amount of fair-share participation will be to the satisfaction of
the City Engineer and Public Works Director based on the traffic report
prepared for the project and the extent of the impact to these intersections.
25. Citywide Traffic: Concurrently with the issuance of a Zoning Clearance for each
building permit, the applicant shall submit to the Community Development
Department the Citywide Traffic Fee. The fee shall be calculated per dwelling
unit for residential projects, or by use for commercial and industrial projects,
based upon the effective date of approval of the entitlement consistent with
adopted City policy for calculating such fee. The fee will be paid at the time of
building permit issuance.
26. Area of Contribution: Concurrently with the issuance of a Zoning Clearance for
each building permit, the applicant shall pay to the Community Development
Department the Area of Contribution (AOC) Fee for the area in which the
project is located. The fee shall be paid in accordance with City Council
adopted AOC fee requirements in effect at the time of building permit
application.
27. Street Lighting Energy Costs: Prior to recordation of Final Map, or issuance of a
building permit, whichever occurs first the applicant shall pay to the Community
Development Department all energy costs associated with public street lighting
for a period of one year from the acceptance of the street improvements in an
amount satisfactory to the City Engineer and Public Works Director.
28. Schools: Prior to issuance of building permits for each building, the applicant
shall provide written proof to the Community Development Department that all
legally mandated school impact fees applicable at the time of issuance of a
building permit have been paid to the Moorpark Unified School District.
29. Art in Public Places: Prior to or concurrently with the issuance of a Zoning
Clearance for building permit, the applicant shall contribute to the Art in Public
Places Fund in accordance with Municipal Code Chapter 17.50 and sections
amendatory or supplementary thereto. Contribution is to be submitted to the
Community Development Department. If the applicant is required to provide a
public art project on or off-site in lieu of contributing to the Art in Public Places
Fund, the art work must have a value corresponding to, or greater than, the
contribution, and must be approved, constructed and maintained for the life of
the project in accordance with the applicable provision of the Moorpark
Municipal Code.
30. Electronic Conversion: In accordance with City policy, the applicant shall
submit to the Community Development Department, City Engineer and Public
Works Director and the Building and Safety Division the City's electronic image
conversion fee for entitlement/condition compliance documents; Final Map/
engineering improvement plans/permit documents; and building plans/permit
documents, respectively.
31. Fish and Game: Within two (2) business days after project approval, the
applicant shall submit to the City of Moorpark a check for the filing of the Notice
of Determination on the Negative Declaration or Environmental Impact Report
Resolution No. 2009-2799
Page 7
and County Administrative Fee, made payable to the County of Ventura, in
compliance with Fish and Game Code and County procedures.
32. Crossing Guard: Prior to recordation of Final Map or prior to the issuance of a
building permit, whichever occurs first, the applicant shall pay to the Community
Development Department an amount to cover the costs associated with a
crossing guard for five years at the then current rate, plus the pro-rata cost of
direct supervision of the crossing guard location and staffs administrative costs
(calculated at fifteen percent (15%) of the above costs). This applies to
residential project of ten (10) or more units and commercial project of greater
than 5,000 square feet.
33. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the
issuance of a Zoning Clearance for building permit, the applicant shall pay to
the Community Development Department the citywide Storm Drain Discharge
Maintenance Fee in accordance with City Council adopted Storm Drain
Discharge Maintenance Fee requirements in effect at the time of building permit
application.
CABLE TELEVISION (These Conditions Apply to Residential Projects)
34. Prior to commencement of project construction, the applicant shall provide
notice of its construction schedule to all persons holding a valid cable television
franchise issued by the City of Moorpark (Cable Franchisees) sufficiently in
advance of construction to allow the Cable Franchisees to coordinate
installation of their equipment and infrastructure with that schedule. The City
shall provide the applicant a list of Cable Franchisees upon request. During
construction, the applicant shall allow the Cable Franchisees to install any
equipment or infrastructure (including conduit, power supplies, and switching
equipment) necessary to provide Franchisee's services to all parcels and lots in
the Project.
35. In the event the cable television services or their equivalent are provided to the
project or individual lots under collective arrangement or any collective means
other than a Cable Franchise (including, but not limited to, programming
provided over a wireless or satellite system contained within the Project), the
Home Owners Association (HOA), property owner association or other
applicable entity shall pay monthly to City an access fee of five percent (5%) of
gross revenue generated by the provision of those services, or the highest
franchise fee required from any City Cable Franchisee, whichever is greater.
"Gross revenue" is as defined in Chapter 5.06 of the Moorpark Municipal Code
and any successor amendment or supplementary provision thereto. In the
event there is no HOA (e.g. in the case of an apartment project), then the
property owner shall make the payment.
36. In the event cable television services or their equivalent are provided to the
project by any means other than by a City Cable Franchise, the City's
government channel shall be available to all units as part of any such service,
on the same basis and cost as if the project was served by a City Cable
Franchise.
Resolution No. 2009-2799
Page 8
AFFORDABLE HOUSING REQUIREMENTS (These Conditions Apply to
Residential Projects)
37. Affordable Housing Agreement/Plan: Prior to the preparation of an Affordable
Housing Agreement and/or an Affordable Housing Implementation and Resale
Restriction Plan, the applicant shall pay to the City the City's cost to prepare the
required Plan and Agreement.
38. Prior to or concurrently with the first Final Map approval, the applicant shall
enter into an Affordable Housing Agreement and an Affordable Housing
Implementation and Resale Restriction Plan. Consistent with the City's
General Plan Housing Element, State law and Moorpark redevelopment
Agency Implementation Plan, this subdivision is subject to execution of an
Affordable Housing Agreement and an Affordable Housing Implementation and
Resale Restriction Plan between the City of Moorpark and the applicant. The
Affordable Housing Agreement and an Affordable Housing Implementation and
Resale Restriction Plan set forth the procedure for meeting an affordable
housing requirement of a negotiated percentage of the total number of
approved dwelling units for properties outside of a Redevelopment Project Area
and negotiated percentage of the total number of approved dwelling units for
projects which are in a Redevelopment Project Area. In no case may the
percentage of dwelling units restricted for low and very low income units be less
than ten percent (10%) for projects outside of the Redevelopment Project Area
and no less than fifteen percent (15%) within the Redevelopment Project Area.
The Agreement may be part of a Development Agreement.
39. Prior to the preparation of an Affordable Housing Agreement and an Affordable
Housing Implementation and Resale Restriction Plan, the applicant shall agree
to provide low income and very low income units as specified in the Special
Conditions of Approval, included herein, to meet the requirements of California
Health and Safety Code 33410 et seq.
40. Prior to the recordation of the first Final Map or where there is no Final Map,
prior to the issuance of the first building permit for this project, the applicant and
the City shall execute an Affordable Housing Agreement that incorporates a
Council approved Affordable Housing Implementation and Resale Restriction
Plan consistent with the Conditions of Approval of the project. The initial sales
price, location of the affordable units, buyer eligibility, and resale restrictions,
respective role of the City and the applicant, and any other item determined
necessary by the City shall be set forth in the Plan.
B. Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
41. Prior to the issuance of a certificate of occupancy for any building, the applicant
shall submit a Master Sign Program to the Community Development Director
for review and approval. The Master Sign Program must be designed to
provide comprehensive on-site sign arrangement and design consistent with
the commercial/industrial center architecture and the City's Sign Ordinance
Resolution No. 2009-2799
Page 9
requirements. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
42. For all flat roofed portions of buildings, a minimum eighteen-inch (18") parapet
wall above the highest point of the flat roof must be provided on all sides. (This
Condition Applies to Commerciallindustrial and Multi-family Residential
Projects)
43. Skylights are prohibited unless approved through the Planned Development
Permit process or as a Modification to the Planned Development Permit. (This
Condition Applies to Commerciallindustrial and Multi-family Residential
Projects)
44. The use of highly-reflective glass or highly reflective film applied to glass is not
allowed on any structures. Highly-reflective glass is defined as glass having a
visible light reflectance (VLR) rating of twenty (20) percent or greater. The use
of darkly-tinted glass is only allowed in industrial zones. Darkly-tinted glass is
defined as glass with a visible light transmittance (VLT) rating of fifty
(50) percent or less. The use of low-emissivity (Low-E) glass is encouraged, but
it must meet reflectance and transmittance requirements as noted above. The
applicant shall provide a sample of the glass to be used, along with information
on the VLR and VLT for review and approval by the Community Development
Director prior to the issuance of building permits.
45. Exterior downspouts are not permitted unless designed as an integral part of
the overall architecture and approved by the City as part of the planned
development permit. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
46. Mechanical equipment for the operation of the building must be ground-
mounted and screened to the satisfaction of the Community Development
Director. The Community Development Director may approve roof-mounted
equipment, in which case, all pasts of the roof mounted equipment(such as
vents, stacks, blowers, air conditioning equipment, etc.) must be below the
lowest parapet on the roof; and must be painted the same color as the roofing
material. No piping, roof ladders, vents, exterior drains and scuppers or any
other exposed equipment may be visible on the roof. (This Condition Applies
to Commercial/Industrial and Multi family Residential Projects)
47. Roof-mounted equipment and other noise generation sources on-site must be
attenuated to 45 decibels (dBA) or to the ambient noise level at the property
line measured at the time of the occupancy, whichever is greater. Prior to the
issuance of a Zoning Clearance for initial occupancy or any subsequent
occupancy, the Community Development Director may request the submittal of
a noise study for review and approval. The noise study would need to show
that the current project attenuates all on-site noise generation sources to the
required level or provide recommendations as to how the project could be
modified to comply. The noise study must be prepared by a licensed acoustical
engineer in accordance with accepted engineering standards. (This Condition
Applies to Commercial/Industrial Projects)
Resolution No. 2009-2799
Page 10
48. Any outdoor ground level equipment, facilities or storage areas including, but
not limited to loading docks, trash enclosures, cooling towers, generators, must
be architecturally screened from view with masonry wall and/or landscaping as
determined by the Community Development Director. (This Condition Applies
to Commercial/Industrial and Multi family Residential Projects)
49. A utility room with common access to house all meters and the roof access
ladder must be provided unless an alternative is approved by the Community
Development Director.(This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
50. No exterior roof access ladders are permitted. (This Condition Applies to
Commercial/Industrial and Multi family Residential Projects)
51. Prior to issuance of a grading permit, the applicant shall provide an Irrevocable
Offer of Dedication to the City of an easement for the purpose of providing
ingress/egress access, drainage and parking to the adjacent
commercial/industrial properties. The City of Moorpark shall not assume any
responsibility for the offered property or any improvements to the property until
this action has been accepted by the City Council. If accepted by the City of
Moorpark, this easement may be fully assignable to the adjacent property
owners, as an easement appurtenant for parking, ingress/egress access
purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of
Dedication and other required pertinent documents required to satisfy the
above requirements must be to the satisfaction of the Community Development
Director, City Engineer and Public Works Director and the City Attomey. (This
Condition Applies to Commercial/Industrial Projects)
52. Parking areas must be developed and maintained in accordance with the
requirements of the Moorpark Municipal Code. All parking space and loading
bay striping must be maintained so that it remains clearly visible during the life
of the development. (This Condition Applies to Commerciallindustrial and
Multi-family Residential Projects)
53. Prior to any re-striping of the parking area, a Zoning Clearance is required. All
disabled parking spaces and paths of travel must be re-striped and maintained
in their original approved locations unless new locations are approved by the
Community Development Director. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
54. All parking areas must be surfaced with asphalt, concrete, or other surface
acceptable to the Community Development Director, City Engineer and Public
Works Director, and must include adequate provisions for drainage, National
Pollution Discharge Elimination System (NPDES) compliance, striping and
appropriate wheel blocks, curbs, or posts in parking areas adjacent to
landscaped areas. All parking, loading and common areas must be maintained
at all times to ensure safe access and use by employees, public agencies and
service vehicles. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
55. The Building Plans must be in substantial conformance to the plans approved
under this entitlement and must specifically include the following:
Resolution No. 2009-2799
Page 11
a. Transformers and cross connection water control devices (subject to
approval by Ventura County Waterworks District No. 1), screened from
street view with a masonry wall and/or landscaping as determined by the
Community Development Director. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
b. Bicycle racks or storage facilities, in quantities as required by the
Community Development Director and other City staff and in accordance
with the Municipal Code. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
c. Required loading areas with 45-foot turning radii for loading zones
consistent with the AASHO WB-50 design vehicle and as required by the
Community Development Director, City Engineer and Public Works
Director. If drains from the loading area are connected to the sewer
system, they are subject to the approval of Ventura County Waterworks
District No. 1. (This Condition Applies to Commercial/Industrial
Projects)
d. Final exterior building materials and paint colors consistent with the
approved plans under this permit. Any changes to the building materials
and paint colors are subject to the review and approval of the Community
Development Director.
e. Identification of coating or rust-inhibitive paint for all exterior metal building
surfaces to prevent corrosion and release of metal contaminants into the
storm drain system. (This Condition Applies to Commercial/Industrial
and Multi-family Residential Projects)
f. Trash disposal and recycling areas in locations which will not interfere with
circulation, parking or access to the building. Exterior trash areas and
recycling bins must use impermeable pavement and be designed to have
a cover and so that no other area drains into it. The trash areas and
recycling bins must be depicted on the final construction plans, the size of
which must be approved by the Community Development Director, City
Engineer and Public Works Director and the City's Solid Waste
Management staff. When deemed appropriate, drains from the disposal
and recycling areas must be connected to the sewer system and subject
to the approval of Ventura County Waterworks District No. 1. Review and
approval shall be accomplished prior to the issuance of a Zoning
Clearance for building permit. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
56. Prior to issuance of a Zoning Clearance for final building permit (occupancy),
the applicant shall install U.S. Postal Service approved mailboxes in
accordance with the requirements of the local Postmaster and to the
satisfaction of the City Engineer and Public Works Director.
57. Any expansion, alteration or change in architectural elements requires prior
approval of the Community Development Director. Those changes in
architectural elements that the Director determines would visible from abutting
street(s) may only be allowed, if, in the judgment of the Community
Resolution No. 2009-2799
Page 12
Development Director such change is compatible with the surrounding area.
Any approval granted by the Director must be consistent with the approved
Design Guidelines (if any) for the planned development and applicable Zoning
Code requirements. A Permit Modification application may be required as
determined by the Community Development Director.
58. All air conditioning or air exchange equipment must be ground mounted. The
equipment may only be located in a side yard in such a manner that it is not
within 15-feet of an opening window at ground floor level of any residential
structure, and maintains a minimum 5-foot side-yard property line setback. The
Director may approve rear yard locations where side yard locations are not
possible. (This Condition Applies to Residential Projects)
59. A minimum twenty-foot (20') by twenty-foot (20') clear and unobstructed parking
area for two (2) vehicles must be provided in a garage for each dwelling unit
less than 2,800 square feet. A minimum twenty-foot (20') deep by thirty-foot
(30') wide clear and unobstructed parking area for three (3) vehicles must be
provided in a garage for each dwelling unit greater than 2,800 square feet.
Single garages must measure a minimum of twelve-foot (12') wide by twenty-
foot (20') deep clear and unobstructed area. Steel roll-up garage doors must be
provided, unless a higher-quality alternative is approved by the Community
Development Director. Garage doors must be a minimum of sixteen feet (16')
wide by seven feet (7') high for double doors and nine feet (9') wide by seven
feet (7') high for single doors. A minimum twenty-foot (20') long concrete paved
driveway must be provided in front of the garage door outside of the street
right-of-way. All garages must be provided in accordance with the Parking
Ordinance. (This Condition Applies to Single-family Residential Projects)
60. All homes/units must be constructed employing energy saving devices. These
devices must include, but not be limited to ultra low flush toilets (to not exceed
1.6 gallons), low water use shower controllers, natural gas fueled stoves,
pilotless ovens and ranges, night set back features for thermostats connected
to the main space-heating source, kitchen ventilation systems with automatic
dampers, hot water solar panel stub-outs, and solar voltaic panel stub-outs.
(This Condition Applies to Residential Projects)
61. When required by Title 15 of the Moorpark Municipal Code and any provision
amendatory or supplementary thereto, rain gutters and downspout must be
provided on all sides of the structure for all structures where there is a
directional roof flow. Water must be conveyed to an appropriate drainage
system, consistent with NPDES requirements, as determined by the City
Engineer and Public Works Director.
OPERATIONAL REQUIREMENTS
62. Loading and unloading operations are allowed only between the hours of 6:00
a.m. and 10:00 p.m. unless additional hours are approved by the City Council.
More restrictive hours for loading and unloading may be imposed by the
Community Development Director if there are noise and other issues that make
the loading and unloading incompatible with the adjacent residential uses.
Resolution No. 2009-2799
Page 13
There shall be no idling of trucks while loading or unloading. (This Condition
Applies to Commercial/Industrial Projects)
63. All uses and activities must be conducted inside the building(s) unless
otherwise authorized in writing by the Community Development Director
consistent with applicable Zoning Code provisions.(This Condition Applies to
Commerciallindustrial Projects)
64. Prior to the issuance of a Zoning Clearance for any use which requires handling
of hazardous or potentially hazardous materials, the applicant shall provide
proof that he/she has obtained the necessary permits from Ventura County
Environmental Health Division. Should the Community Development Director
determine that a compatibility study is required; the applicant shall apply for a
Permit Modification to the entitlement. (This Condition Applies to
Commercial/Industrial Projects)
65. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
66. The continued maintenance of the subject site and facilities is subject to
periodic inspection by the City. The Applicant and his/her successors, heirs,
and assigns are required to remedy any defects in ground or building
maintenance, as indicated by the City within five (5) working days from written
notification. (This Condition Applies to Commerciallindustrial and Multi-
family Residential Projects)
67. No noxious odors may be generated from any use on the subject site. (This
Condition Applies to Commercial/Industrial Projects)
68. The applicant and his/her successors, heirs, and assigns must remove any
graffiti within seventy-two (72) hours from written notification by the City of
Moorpark. All such graffiti removal must be accomplished to the satisfaction of
the Community Development Director. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
69. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
prospective tenant shall obtain a Business Registration Permit from the City of
Moorpark. All contractors doing work in Moorpark shall have or obtain a current
Business Registration Permit. (This Condition Applies to
Commerciallindustrial Projects)
70. Prior to or concurrently with the issuance of a Zoning Clearance for occupancy
of any of the buildings, the applicant shall request that the City Council approve
a resolution to enforce California Vehicle Codes (CVC) on the subject property
as permitted by the CVC. (This Condition Applies to Commerciallindustrial
and Multi-family Residential Projects)
71. Prior to or concurrently with the issuance of a Zoning Clearance for a grading
permit, the applicant shall submit the construction phasing plan for approval by
the Community Development Director and City Engineer and Public Works
Director. Phasing shall avoid, to the extent possible, construction traffic
impacts to existing adjacent residential, commercial, industrial areas, schools,
parks and other city facilities, if any.
Resolution No. 2009-2799
Page 14
72. Prior to issuance of Zoning Clearance for the first building permit, the applicant
shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste
Management staff and the Community Development Director for review and
approval. The Plan must include a designated building manager, who is
responsible for initiating on-site waste materials recycling programs, including
acquiring storage bins for the separation of recyclable materials and
coordination and maintenance of a curbside pickup schedule. (This Condition
Applies to Commercial/Industrial and Multi-family Residential Projects)
73. The building manager or designee shall be required to conduct a routine on-site
waste management education program for educating and alerting employees
and/or residents to any new developments or requirements for solid waste
management. This condition is to be coordinated through the City's Solid Waste
Management staff. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
74. No overnight parking, repair operations or maintenance of trucks may occur on
site. The property owner may enter into an agreement with the City to allow the
City to enter the property when the property owner has properly posted signs
restricting the overnight parking, repair or maintenance of truck, to enforce the
onsite restrictions and assume the costs of towing the violating vehicles. (This
Condition Applies to Commercial/Industrial and Multi-family Residential
Projects)
LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS
75. Prior to the issuance of a Zoning Clearance for building permits, the applicant
shall submit to the Community Development Director for review and approval,
with the required deposit, three full sets of Landscaping and Irrigation Plans
prepared by a licensed landscape architect and drawn on a plan that reflects
final grading configuration, in conformance with the City of Moorpark
Landscape Standards and Guidelines, policies and NPDES requirements;
including, but not limited to, all specifications and details and a maintenance
plan. Fences and walls must be shown on the Landscape and Irrigation Plans,
including connection, at the applicant's expense, of property line walls with
existing fences and or walls on any adjacent residential, commercial or
industrial properties. The plan must demonstrate proper vehicle sight distances
subject to the review of the City Engineer and Public Works Director and in
accordance with the Zoning Code, and encompass all required planting areas
consistent with these Conditions of Approval. Review by the City's Landscape
Architect Consultant and City Engineer and Public Works Director, and
approval by the Community Development Director prior to issuance of a Zoning
Clearance for building permit, is required.
76. The landscape plan must incorporate specimen size trees and other substantial
features subject to the review and approval of the Community Development
Director. Prior to the issuance of a grading permit, a tree survey must be
prepared to determine the valuation of the mature trees to be removed.
Enhanced replacement landscaping of equal or greater value, as determined by
the Community Development Director, must be installed in accordance with the
current applicable provisions of the Moorpark Municipal Code.
Resolution No. 2009-2799
Page 15
77. Prior to or concurrently with the submittal of the Landscaping and Irrigation
Plans, the specific design and location of the neighborhood identification
monument sign must be submitted for review and approval by the Community
Development Director. The sign must be installed concurrent with or
immediately after perimeter project wall installation. (This Condition Applies
to Single-family Residential Projects)
78. Prior to the issuance of a Zoning Clearance for final building permit
(occupancy) the applicant shall install front yard landscaping, including sod,
one fifteen (15) gallon tree and an automatic irrigation system, as approved on
the landscape plans. (This Condition Applies to Single-family Residential
Projects)
79. Prior to or concurrently with the submittal of the landscape and irrigation plan, a
lighting plan, along with required deposit, must be submitted to the Community
Development Director for review and approval. The lighting plan, prepared by
an electrical engineer registered in the State of California, must be in
conformance with the Moorpark Municipal Code. (This Condition Applies to
Commercial/Industrial and Multi family Residential Projects)
80. Landscape plans submitted at the time of entitlement review are conceptual
only. Entitlement approval does not include approval of the speck plant
species on the conceptual landscape plans unless indicated in the Special
Conditions of Approval. Detailed landscaping plans are subject to review and
approval by the Community Development Director for compliance with the
City's Landscape Standards and Guidelines.
81. For project sites adjacent to protected open space or to a conservation area,
none of the prohibited plants indicated in the Provisionally Acceptable Plant List
and the Invasive and Prohibited Plant List contained in the City's Landscape
Standards and Guidelines may be used on any property within the development
site or the adjacent public or private right-of-way.
82. Unless otherwise stipulated in the Special Conditions of Approval, the applicant
shall be responsible for the maintenance of any and all parkway landscaping
constructed as a requirement of the project, whether said parkway landscaping
is within the street right-of-way or outside of the street right-of-way. Any
parkway landscaping outside of the street right-of-way must be within a
landscape maintenance district.
83. All required landscape easements must be clearly shown on the Final Map or
on other recorded documents if there is no Final Map.
84. Tree pruning, consisting of trimming to limit the height and/or width of tree
canopy and resulting in a reduction of required shade coverage for the parking
lot area, is prohibited by Section 17.32.070 of the Moorpark Municipal Code
and will be considered a violation of the Conditions of Approval. Tree trimming
for the purposes of maintaining the health of trees is permitted with prior
approval of the Community Development Director and City's designated
arborist. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
Resolution No. 2009-2799
Page 16
85. When available, use of reclaimed water is required for landscape areas subject
to the approval of the Community Development Director, the City Engineer and
Public Works Director and Ventura County Waterworks District No. 1.
86. Landscaped areas must be designed with efficient irrigation to reduce runoff
and promote surface filtration and minimize the use of fertilizers and pesticides,
which can contribute to urban runoff pollution. Parking and associated drive
areas with five (5) or more spaces shall be designed to minimize degradation of
storm water quality. Best Management Practice landscaped areas for infiltration
and biological remediation or approved equals, must be installed to intercept
and effectively prohibit pollutants from discharging to the storm drain system.
The design must be submitted to the Community Development Director and
City Engineer and Public Works Director for review and approval prior to the
issuance of a building permit.
87. All landscaping must be maintained in a healthy and thriving condition, free of
weeds, titter and debris.
88. Prior to the issuance of Zoning Clearance for occupancy, all fences/walls along
lot boundaries must be in place, unless an alternative schedule is approved by
the Community Development Director.
89. Prior to the issuance of a Zoning Clearance for occupancy, the applicant shall
enter into the standard Caltrans tri-party maintenance agreement to maintain
any landscaping within Caltrans right-of-way. The applicant and any
subsequent owners shall maintain all landscaping and hadscape areas that
are covered by the tri-party maintenance agreement for the life of the project.
C. Please contact the ENGINEERING DIVISION for compliance with the
following conditions:
GENERAL
90. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the latest California Building
Code as adopted by the City of Moorpark and in conformance with the latest
"Land Development Manual" and "Road Standards" as promulgated by Ventura
County; "Hydrology Manual" and "Design Manual" as promulgated by Ventura
County Watershed Protection District; "Standard Specifications for Public
Works Construction" as published by BNI (except for signs, traffic signals and
appurtenances thereto which must conform to the provisions of Chapter 56 for
signs and Chapter 86 for traffic signals, and appurtenances thereto, of the
"Standard Specifications," most recent edition, including revisions and errata
thereto, as published by the State of California Department of Transportation).
91. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the most recently approved
"Engineering Policies and Standards" of the City of Moorpark, and "Policy of
Geometric Design of Highways and Streets," most recent edition, as published
by the American Association of State Highway and Transportation Officials. In
the case of conflict between the standards, specifications and design manuals
Resolution No. 2009-2799
Page 17
listed herein and above, the criteria that provide the higher level of quality and
safety prevail as determined by the City Engineer and Public Works Director.
Any standard specification or design criteria that conflicts with a Standard or
Special Condition of Approval of this project must be modified to conform with
the Standard or Special Condition to the satisfaction of the City Engineer and
Public Works Director.
92. Engineering plans must be submitted on standard City title block sheets of 24-
inch by 36-inch to a standard engineering scale representative of sufficient plan
clarity and workmanship.
93. A 15-mile per hour speed limit must be observed within all construction areas.
94. If any hazardous waste or material is encountered during the construction of
this project, all work must be immediately stopped and the Ventura County
Environmental Health Department, the Ventura County Fire Protection District,
the Moorpark Police Department, and the Moorpark City Engineer and Public
Works Director must be notified immediately. Work may not proceed until
clearance has been issued by all of these agencies.
95. The applicant and/or property owner shall provide verification to the City
Engineer and Public Works Director that all on-site storm drains have been
cleaned at least twice a year, once immediately prior to October 1st (the rainy
season) and once in January. Additional cleaning may be required by the City
Engineer and Public Works Director depending upon site and weather
conditions. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
96. All paved surfaces; including, but not limited to, the parking area and aisles,
drive-through lanes, on-site walkways must be maintained free of litter, debris
and dirt. Walkways, parking areas and aisles and drive-through lanes must be
swept, washed or vacuumed regularly. When swept or washed, litter, debris
and dirt must be trapped and collected to prevent entry to the storm drain
system in accordance with NPDES requirements. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
97. Prior to improvement plan approval, the applicant shall obtain the written
approval on approved site plan exhibit sheets for the location of fire hydrants by
the Ventura County Fire Prevention Division. Water and Sewer improvements
plans must be submitted to Ventura County Waterworks District No. 1 for
approval.
98. Prior to any work being conducted within any State, County, or City right-of-
way, the applicant shall obtain all necessary encroachment permits from the
appropriate agencies and provide copies of these approved permits and the
plans associated with the permits to the City Engineer and Public Works
Director.
Resolution No. 2009-2799
Page 18
99. Reactive organic compounds, Nitrogen oxides (ozone/smog precursor), and
particulate matter (aerosols/dust) generated during construction operations
must be minimized in accordance with the City of Moorpark standards and the
standards of the Ventura County Air Pollution Control District (APCD). When
an air pollution Health Advisory has been issued, construction equipment
operations (including but not limited to grading, excavating, earthmoving,
trenching, material hauling, and roadway construction) and related activities
must cease in order to minimize associated air pollutant emissions.
100. The applicant shall comply with Chapters 9.28, 10.04, 12.24, and 17.53 of the
Moorpark Municipal Code and any provision amendatory or supplementary
thereto, as a standard requirement for construction noise reduction.
101. The applicant shall utilize all prudent and reasonable measures (including
installation of a 6-foot high chain link fence around the construction site(s)
and/or provision of a full time licensed security guard) to prevent unauthorized
persons from entering the work site at any time and to protect the public from
accidents and injury.
102. The applicant shall post, in a conspicuous location, the construction hour
limitations and make each construction trade aware of the construction hour
limitations.
GRADING
103. All grading and drainage plans must be prepared by a qualified Professional
Civil Engineer currently registered and in good standing in the State of
California and are subject to review by the City Engineer and Public Works
Director. Prior to or concurrently with the submittal of a grading plan the
applicant shall submit a soils (geotechnical) report.
104. Grading must conform to the standards contained in Chapter 17.38 Hillside
Management of the Moorpark Municipal Code and any provision amendatory or
supplementary thereto. Plans detailing the design and control (vertical and
horizontal) of contoured slopes must be provided to the satisfaction of the City
Engineer, Public Works Director and Community Development Director.
105. Prior to the issuance of a grading permit or Final Map approval, whichever
comes first, the applicant shall post sufficient surety with the City, in a form
acceptable to the City Engineer and Public Works Director, guaranteeing
completion of all onsite and offsite improvements required by these Conditions
of Approval and/or the Municipal Code including, but not limited to grading,
street improvements, storm drain improvements, temporary and permanent
Best Management Practice (BMP)for the control of non-point water discharges,
landscaping, fencing, and bridges. Grading and improvements must be
designed, bonded and constructed as a single project.
Resolution No. 2009-2799
Page 19
106. Prior to the issuance of a grading permit or Final Map approval, whichever
occurs first, the applicant shall provide written proof to the City Engineer and
Public Works Director that any and all wells that may exist or have existed
within the project have been properly sealed, destroyed or abandoned per
Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per California
Department of Conservation, Division of Oil, Gas, and Geothermal Resources
requirements.
107. Prior to issuance of a grading permit, final approved soils and geology reports
must be submitted to the City Engineer and Public Works Director. The
approved final report must encompass all subsequent reports, addendums and
revisions under a single cover. Where liquefaction hazard site conditions exist,
an extra copy of the final report must be provided by the applicant to the City
Engineer and Public Works Director and be sent by the applicant to the
California Department of Conservation, Division of Mines and Geology in
accordance with Public Resources Code Section 2697 within 30 days of report
approval.
108. Prior to issuance of the grading permit, a grading remediation plan and report
must be submitted for review and approval of the City Engineer and Public
Works Director. The report must evaluate all major graded slopes and open
space hillsides whose performance could effect planned improvements. The
slope stability analysis must be performed for both static and dynamic
conditions, using an appropriate pseudo-static horizontal ground acceleration
coefficient for earthquakes on faults, capable of impacting the project in
accordance with standard practice as outlined in DMG Special Publication No.
117, 1997.
109. Prior to issuance of the grading permit, the project geotechnical engineer shall
evaluate liquefaction potential. Where liquefaction is found to be a hazard, a
remediation plan with effective measures to avoid and control damage must be
provided to the City Engineer and Public Works Director. During construction,
measures to reduce seismic liquefaction risks shall be employed as
recommended in the approved remediation plan and associated geotechnical
report, such as placement of a non-liquefiable cap over the alluvium, removal of
the liquefiable soils, in-situ densification, or the excavation of a shear key below
the base of the liquefiable zone. Where liquefaction hazard site conditions exist,
the applicant shall provide an extra copy of the final report to the City Engineer
and Public Works Director and shall send a copy of the report to the California
Department of Conservation, Division of Mines and Geology in accordance with
Public Resources Code Section 2697 within 30 days of report approval.
110. The project must comply with all NPDES requirements and the City of
Moorpark standard requirements for temporary storm water diversion structures
during all construction and grading.
111. Prior to issuance of a grading permit, a qualified, currently registered
Professional Civil Engineer in good standing in the State of California shall be
Resolution No. 2009-2799
Page 20
retained to prepare Erosion and Sediment Control Plans in conformance with
the currently issued Ventura County Municipal Strom Water NPDES Permit.
These Plans shall address, but not be limited to, construction impacts and long-
term operational effects on downstream environments and watersheds. The
Plans must consider all relevant NPDES requirements and recommendations
for the use of the best available technology and specific erosion control
measures, including temporary measures during construction to minimize water
quality effects to the maximum extent practicable. Prior to the issuance of an
initial grading permit, review and approval by the Community Development
Director and City Engineer and Public Works Director is required.
112. Prior to the import or export of more than one hundred (100) truckloads or one
thousand cubic yards (1,000 cu. yds.) a Haul Route Permit in conformance with
the currently adopted City of Moorpark Engineering Policies and Standards is
required.
113. Where slopes exceeding 4 feet in height are adjacent to sidewalks, and streets,
the grading plan must include a slough wall, Angelus Standard slumpstone,
color or other alternative as determined by the Community Development
Director, approximately 18 inches high, with curb outlet drainage to be
constructed behind the back of the sidewalk to prevent debris from entering the
sidewalk or street. The wall must be designed and constructed in conformance
with the City's standard wall detail. All material for the construction of the wall
shall be approved by the City Engineer and Public Works Director and
Community Development Director. Retaining walls greater than 18 inches in
height must be set back two-feet (2) from the back of the sidewalk. This two-
foot (2)area must be landscaped and have no greater than a two percent (2%)
cross fall slope. The slough wall and landscaping design is subject to the
review and approval of the City Engineer and Public Works Director and
Community Development Director.
114. Grading plans must include, but not be limited to entry walls and project
identification signs in accordance with City standards. Landscaping,
appropriate to the entry, shall be provided that will not interfere with sight-
distance or turning movement operations. The final design for the project
entrance must be reviewed and approved by the Community Development
Director and the City Engineer and Public Works Director.
115. During grading, the project geotechnical engineer shall observe and approve all
keyway excavations, removal of fill and landslide materials down to stable
bedrock or in-place material, and installation of all sub-drains including their
connections. All fill slope construction must be observed and tested by the
project geotechnical engineer, and the density test results and reports
submitted to the City Engineer and Public Works Director to be kept on file.
Cuts and slopes must be observed and mapped by the project geotechnical
and civil engineers who will provide any required slope modification
recommendations based on the actual geologic conditions encountered during
Resolution No. 2009-2799
Page 21
grading. Written approval from the City Engineer and Public Works Director
must be obtained prior to any modification.
116. Written weekly progress reports and a grading completion report must be
submitted to the City Engineer and Public Works Director by the project
geotechnical engineers. These reports must include the results and locations of
all compaction tests, as-built plans of all landslide repairs and fill removal,
including geologic mapping of the exposed geology of all excavations showing
cut cross-sections and sub-drain depths and locations. The lists of excavations
approved by the engineering geologist must also be submitted. Building permits
will not be issued without documentation that the grading and other pertinent
work has been performed 'in accordance with the geotechnical report criteria
and applicable Grading Ordinance provisions.
117. During grading, colluvial soils and landslide deposits within developed portions
of the properties must be re-graded to effectively remove the potential for
seismically-induced landslides in these materials. Additional buttressing, keying
and installation of debris benches must be provided in transition areas between
non-graded areas and development as recommended in the final geotechnical
reports by the project geotechnical engineer.
118. The recommendations for site grading contained in the final geotechnical
reports must be followed during grading unless modifications are submitted for
approval by the engineers-of-work and specifically approved in writing by the
City Engineer and Public Works Director.
119. Temporary irrigation, hydroseeding and erosion control measures, approved by
the Community Development Director, City Engineer and Public Works
Director, must be implemented on all temporary grading. Temporary grading is
defined to be any grading partially completed and any disturbance of existing
natural conditions due to construction activity. These measures will apply to a
temporary or permanent grading activity that remains or is anticipated to remain
unfinished or undisturbed in its altered condition for a period of time greater
than thirty (30) calendar days except that during the rainy season (October 1 to
April 15), these measures will be implemented immediately.
120. The maximum gradient for any slope must not exceed a 2:1 (horizontal:vertical)
slope inclination except where special circumstances exist. In the case of
special circumstances, where steeper slopes are warranted, a registered soils
engineer and a licensed landscape architect will review plans and their
recommendations will be subject to the review and approval of the City
Engineer, Public Works Director, and the Community Development Director.
121. All graded slopes steeper than 5:1 (horizontal:vertical) must have soil
amendments added, irrigation systems installed and be planted in a timely
manner with groundcover, trees and shrubs (consistent with the approved
landscape and irrigation plans) to stabilize slopes and minimize erosion. Timely
manner means that the slope soil amendments, irrigation systems and planting
Resolution No. 2009-2799
Page 22
on each slope must commence immediately upon the completion of the grading
of each slope, that the completion of slope grading will not be artificially delayed
and that the slope soil amendments, irrigation systems and planting must be
completed on a schedule commensurate with the grading. The planting will be
to the satisfaction of the Community Development Director, City Engineer, and
Public Works Director.
122. Grading may occur during the rainy season from October 1 to April 15, subject
to timely installation of erosion control facilities when approved in writing by the
City Engineer, Public Works Director and the Community Development Director
and when erosion control measures are in place. In order to start or continue
grading operations between October 1 and April 15, project-specific erosion
control plans that provide detailed Best Management Practices for erosion
control during the rainy season must be submitted to the City Engineer and
Public Works Director no later than September 1 of each year that grading is in
progress. During site preparation and construction, the contractor shall
minimize disturbance of natural groundcover on the project site until such
activity is required for grading and construction purposes. During the rainy
season, October 1 through April 15, all graded slopes must be covered with a
woven artificial covering immediately after completion of each graded slope.
Grading operations must cease if the applicant fails to place effective best
management measures on graded slopes immediately after construction. No
slopes may be graded or otherwise created when the National Weather Service
local three-day forecast for rain is twenty percent (20%), or greater, unless the
applicant is prepared to cover the permanent and temporary slopes before the
rain event. The artificial covering and planting will be to the satisfaction of the
Community Development Director, City Engineer, and Public Works Director.
123. During clearing, grading, earth moving, excavation, soil import and/or soil
export operations, the applicant shall comply with the City of Moorpark standard
requirements for dust control, including, but not be limited to, minimization of
ground disturbance, application of water/chemicals, temporary/permanent
ground cover/seeding, street sweeping, and covering loads of dirt. All clearing,
grading, earth moving, excavation, soil import and/or soil export operations
must cease during periods of high winds (greater than 15 mph averaged over
one hour).
124. Backfill of any pipe or conduit must be in four-inch (4°) fully compacted layers
unless otherwise specified, in writing, by the City Engineer and Public Works
Director.
125. Soil testing for trench compaction must be performed on all trenching and must
be done not less than once every two feet (2') of lift and one-hundred lineal feet
(100') of trench excavated. Test locations must be noted using true elevations
and street stationing with offsets from street centerlines.
126. Prior to issuance of each building permit, the project geotechnical and/or soils
engineer shall submit an as-graded geotechnical report and a rough grading
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certification for said lot and final soils report compiling all soils reports,
addendums, certifications, and testing on the project for review and approval by
the City Engineer and Public Works Director.
127. Prior to issuance of the first building permit, the project's engineer shall certify
that the grading and improvements have been completed, as noted on the
original approved plans and any subsequent change orders.
128. When required by the Community Development Director and/or the City
Engineer and/or Public Works Director, at least one (1) week prior to
commencement of grading or construction, the applicant shall prepare a notice
that grading or construction work will commence. This notice shall be posted at
the site and mailed to all owners and occupants of property within five-hundred
feet (500') of the exterior boundary of the project site, as shown on the latest
equalized assessment roll. The notice must include current contact
information for the applicant, including all persons with authority to indicate and
implement corrective action in their area of responsibility, including the name of
the contact responsible for maintaining the list. The names of individuals
responsible for noise and litter control, tree protection, construction traffic and
vehicles, erosion control, and the twenty-four (24) hour emergency number,
must be expressly identified in the notice. The notice must be re-issued with
each phase of major grading and construction activity. A copy of all notices
must be concurrently transmitted to the Community Development Department.
The notice record for the City must be accompanied by a list of the names and
addresses of the property owners notified and a map identifying the notification
area.
129. Consistent with the final geotechnical reports, at a minimum, the following
measures must be implemented during design and construction where
appropriate to minimize expansive soil effects on structures: potential
foundation systems to include pier and grade beam; use of structural concrete
mats and post-tensioned slabs; pad overcutting to provide uniform swell
potential; and soil subgrade moisture treatment.
130. Prior to issuance of building permits, chemical testing of representative building
pad soils is required to determine the level of corrosion protection required for
steel and concrete materials used for construction. The following measures
must be implemented where appropriate to protect against corrosion:
• use of sulfate-resistant concrete; and
• use of protective linings to encase metallic piping buried in soils warranting
such measures.
131. Engineered fills must be constructed in compliance with the standards and
criteria presented in the approved geotechnical report. The differential
thickness of the fill under individual buildings may not be greater than ten (10)
feet. These measures must be verified by construction observation and testing
Resolution No. 2009-2799
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by the project geotechnical engineer as outlined in the final geotechnical
reports and approved by the City Engineer and Public Works Director.
132. Additional analysis of the predicted total and differential settlements of the
major fills at each site must be performed by the project geotechnical engineer
during the final design stage. Possible measures that may be required based
on the settlement data include surcharging, delaying construction for a period of
time before constructing on deep fills, or allowing for the predicted settlement in
the design of the project components.
133. Transfer of responsibility of California Registered Civil Engineer in charge for
the project must be in accordance with rules and guidelines set forth pursuant
to Rules of the Board for Professional Engineers and Land Surveyors,
Califomia Code of Regulations, Title 16, Division 5, Board Rule 404.1,
Subsections (c) and (d), that speak to Successor Licensee and Portions of
Projects.
Applicant has full right to exercise the service of a new engineer in charge at
any time during a project. When there is a change in engineer, the
applicant/owner shall notify the City Engineer and Public Works Director in
writing within 48 hours of such change. Said letter shall specify successor
California Registered Civil Engineer and shall be stamped and signed and
dated by said engineer in responsible charge and shall accept responsibility of
project. The letter will be kept on file at the City.
FINAL MAP
134. The Final Map must be prepared in accordance with the latest copy of the,
"Guide for the Preparation of Tract Maps, Parcel Maps and Records of
Survey/Comer Records" as published by the Public Works Agency of the
County of Ventura and amended from time to time. The various jurat's/notary
acknowledgements and certificates must be modified, as appropriate, to reflect
the jurisdiction of the City and the location of the subdivision within the City.
The Final Map must provide that each lot corner and street centerline
intersection, tangent point, and terminus be monumented with Ventura County
Road Standard survey monument plate E-4. Street monuments must be
intervisible. The E-4 monument disk stamping must read, 'City of Moorpark", be
center punched to show the comer, and be stamped with the registration or
license number of the professional surveyor responsible for its location.
135. Concurrently with the submittal of the Final Map, the applicant shall submit a
current (dated within the last ninety (90) days) preliminary title report to the City
Engineer and Public Works Director, which clearly identifies all interested
parties, lien holders, lenders and all other parties having any record title interest
in the real property being subdivided. The preliminary title report must identify
the holders of any easements that affect the subdivision and contain the vesting
deeds of ownership and easements. Thirty (30) days prior to the submittal of
the Final Map MylarV sheets, the applicant shall provide the City Engineer and
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Public Works Director, a subdivision guarantee policy of the property within the
Final Map and preliminary title report for each area of easement proposed to be
obtained for grading or construction of improvements.
136. Prior to or concurrently with the submittal of the Final Map, the applicant shall
provide written evidence to the City Engineer and Public Works Director that a
copy of the conditionally approved Tentative Map together with a copy of
Section 66436 of the State Subdivision Map Act has been transmitted to each
public entity or public utility that is an easement holder of record. The applicant
shall obtain subordination of senior rights of easement from any such public
utility in favor of the City.
137. At least one-hundred-twenty (120) days prior to the filing of the Final Map, if
any improvement which the applicant is required to construct or install is to be
constructed or installed upon land in which the applicant does not have title or
interest sufficient for such purposes, the applicant shall comply with all of the
requirements of Subdivision Map Act Section 66462.5 and any provision
amendatory or supplementary thereto. Prior to the filing of the Final Map the
applicant shall provide the City with an executed offsite property acquisition
agreement in a form acceptable to the Community Development Director, City
Attorney, and City Manager. As a part of the notification to the City required by
that section, the applicant shall provide the City a deposit in an amount
approved by the Community Development Director, sufficient to pay the
estimated costs and fees to be accrued by the City in obtaining said property.
Within fifteen (15) days of notification by the City that the deposited funds are
insufficient to complete the acquisition, the applicant shall deposit such
additional funds that the Community Development Director deems necessary.
During the time between notice of insufficiency of deposited funds and payment
of said insufficiency, the time limits of Section 66462.5 shall toll.
138. Prior to Final Map approval, the applicant shall obtain City Engineer and Public
Works Director approval of all required public improvement and grading plans.
The applicant shall enter into an agreement with the City of Moorpark to
complete grading, public improvements and subdivision monumentation and
post sufficient surety guaranteeing the construction and maintenance of grading
all public improvements, and private street and storm drain improvements;
construction and post construction NPDES Best Management Practice; and
subdivision monumentation in a form and in an amount acceptable to the City
Engineer. The plans must be prepared by a California Registered Civil
Engineer and sureties must meet the City's requirements for sureties and must
remain in place for one year following final acceptance of the improvements by
the City or until such time that the City Council shall approve their redemption,
whichever is the longer.
139. Prior to Final Map approval, the applicant shall post sufficient surety in an
amount acceptable to the Community Development Director, City Engineer,
Public Works Director and in a form approved by City Attorney guaranteeing
Resolution No. 2009-2799
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the payment of laborers and materialsmen in an amount no less than fifty
percent (50%) of the faithful performance surety.
140. Prior to Final Map approval and upon submittal of the Final Map Mylar®sheets,
the applicant shall provide the City Engineer and Public Works Director
electronic files of the Final Map, complete in every fashion except for
signatures, in a format satisfactory to the City Engineer and Public Works
Director.
141. Upon recordation of the Final Map(s)the applicant shall forward a photographic
process copy on 3-mil polyester film of the recorded Map(s) to the City
Engineer and Public Works Director.
142. All lot-to-lot drainage easements or secondary drainage easements must be
delineated on the Final Map. Assurance in the form of an agreement must be
provided to the City that these easements will be adequately maintained by the
property owners to safely convey stormwater flows. Said agreement must be
submitted to the City Engineer and Public Works Director and City Attorney for
review and approval and must include provisions for the owners association to
maintain any private storm drain not maintained by a City Assessment District
in conformance with the NPDES. The agreement must be a durable agreement
that is binding upon each property owner of each lot and successors in interest.
143. Prior to Final Map approval, the applicant shall fully complete the "Final Map
Processing Procedures" as outlined in Moorpark Administrative Procedure
(MAP) CD-18, available from the Community Development Department.
PUBLIC AND PRIVATE STREETS AND RELATED IMPROVEMENTS
144. Prior to construction of any public improvement, the applicant shall submit to
the City Engineer and Public Works Director, for review and approval, street
improvement plans prepared by a California Registered Civil Engineer, and
enter into an agreement with the City of Moorpark to complete public
improvements, with sufficient surety posted to guarantee the complete
construction of all improvements, except as specifically noted in these Standard
Conditions or Special Conditions of Approval.
145. Prior to issuance of the first building permit, all existing and proposed utilities,
including electrical transmission lines less than 67Kv, must be under-grounded
consistent with plans approved by the City Engineer, Public Works Director and
Community Development Director. Any exceptions must be approved by the
City Council.
146. Above-ground obstructions in the right-of-way (utility cabinets, mailboxes, etc.)
must be placed within landscaped areas when landscaped areas are part of the
right-of-way improvements. When above ground obstructions are placed within
the sidewalk, a minimum of five feet (5') clear sidewalk width must be provided
around the obstruction. Above-ground obstructions may not be located within
or on multi-purpose trails.
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147. Prior to final inspection of improvements, the project Registered Civil Engineer
shall submit certified original "record drawing" plans with three (3) sets of paper
prints and the appropriate plan revision review fees to the City Engineer and
Public Works Director along with electronic files in a format satisfactory to the
City Engineer and Public Works Director. These "record drawing" plans must
incorporate all plan revisions and all construction deviations from the approved
plans and revisions thereto. The plans must be "record drawings" on 24" X 36"
Mylar® sheets (made with proper overlaps) with a City title block on each
sheet. In addition, the applicant shall provide an electronic file update of the
City's Master Base Map electronic file, incorporating all streets, sidewalks,
street lights, traffic control facilities, street striping, signage and delineation,
storm drainage facilities, water and sewer mains, lines and appurtenances and
any other utility facility installed for this project.
148. The street improvement plans must contain a surveyor's statement on the
plans, certifying that, in accordance with Business and Professions Code 8771,
all recorded monuments in the construction area will be protected in place
during construction, or have been located and tied with no fewer than four (4)
durable reference monuments, which will be protected in place during
construction. Copies of all monument tie sheets must be submitted to the City
on reproducible 3-mil polyester film.
149. Prior to reduction of improvement bonds, the applicant must submit
reproducible centerline tie sheets on 3-mil polyester film to the City Engineer
and Public Works Director.
150. All streets must conform to the latest City of Moorpark Engineering Policies and
Standards using Equivalent Single Axle Loads (ESAL) for a minimum thirty (30)
year term for public streets and ESAL for a twenty (20) year term on private
streets. All streets must be designed and constructed to the required structural
section in conformance with the latest City of Moorpark Engineering Policies
and Standards. The geotechnical or soil reports must address the need for
possible sub-drainage systems to prevent saturation of the pavement structural
section or underlying foundation. An additional one and one-half inch (1-1/2")
thick rubberized asphalt pavement must be added to the structural section for
public streets. This additional pavement may not be used in determining the
required structural section.
151. When required by the City Engineer and Public Works Director, the applicant
shall provide, for the purposes of traffic signal installation, two (2)four-inch (4")
P.V.C. conduits extending across all intersections, and surfacing through "J"
boxes to the satisfaction of the City Engineer and Public Works Director.
DRAINAGE AND HYDROLOGY
152. Prior to approval of a grading plan, the applicant shall submit to the City of
Moorpark for review and approval by the City Engineer and Public Works
Director, drainage plans with the depiction and examination of all on-site and
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Page 28
off-site drainage structures and hydrologic and hydraulic calculations in a
bound and indexed report prepared by a California Registered Civil Engineer.
153. Drainage improvements must be designed so that after-development, drainage
to adjacent parcels would not be increased above pre-development drainage
quantities for any stormwater model between and including the 10 year and 100
year storms, nor will surface runoff be concentrated by this project. Acceptance
of storm drain waters by the project and discharge of storm drain waters from
the project must be in type, kind and nature of predevelopment flows unless the
affected upstream and/or downstream owners provide permanent easement to
accept such changed storm drainage water flow. All drainage measures
necessary to mitigate stormwater flows must be provided to the satisfaction of
the City Engineer and Public Works Director. The applicant shall make any on-
site and downstream improvements, required by the City, to support the
proposed development.
154. The drainage plans and calculations must analyze conditions before and after
development, as well as, potential development proposed, approved, or shown
in the General Plan. Quantities of water, water flow rates, major watercourses,
drainage areas and patterns, diversions, collection systems, flood hazard
areas, sumps, sump locations, detention and NPDES facilities and drainage
courses must be addressed.
155. Local residential and private streets must be designed to have at least one dry
travel lane available during a 10-year frequency storm. Collector streets must
be designed to have a minimum of one dry travel lane in each direction
available during a 10-year frequency storm.
156. All stormwater surface runoff for the development must have water quality
treatment to meet the design standards for structural or treatment control BMPs
per the latest issued Ventura County Municipal Storm Water NPDES Permit.
157. The hydraulic grade line within any catch basin may not extend higher than
nine inches (9") below the flow line grade elevation at the inlet.
158. No pressure manholes for storm drains are allowed unless specifically
approved in writing by the City Engineer and Public Works Director. If
permitted, all storm drain lines under water pressure must have rubber gasket
joints.
159. All manhole frames and covers shall have a thirty inch (30°) minimum diameter.
This includes all access manholes to catch basins, as well as any other storm
drain or NPDES structure.
160. The Q50 storm occurrence must be contained within the street right-of-way.
161. The maximum velocity in any storm drain system may not exceed twenty feet
(20') per second.
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162. All detention and debris structures that fall under the definition of being a dam
must have an open air spillway structure that directs overflows to an acceptable
location to the satisfaction of the City Engineer and Public Works Director.
163. Only drainage grates of a type approved by the City Engineer and Public Works
Director may be used at locations accessible by pedestrian, bicycle or
equestrian traffic. Drainage grates shall not be allowed in sidewalks or trails.
164. To verify that the Reinforced Concrete Pipe (RCP) specified on the
improvement plan is correct, theRCPdelivered to project site must have the D-
LOAD specified on the RCP.
165. The grading plan must show distinctive lines of inundation delineating the 100-
year flood level.
166. All flows that have gone through flow attenuation and clarification by use of
acceptable Best Management Practice Systems and are flowing within brow
ditches, ribbon gutters, storm drain channels, area drains and similar devices
are to be deposited directly into the storm drain system unless an alternative
has been approved by the City Engineer and Public Works Director. Storm
drain and related easements outside the public right-of-way are to be privately .
maintained unless otherwise approved by the City Council.
167. Concrete surface drainage structures exposed to the public view must be tan
colored concrete, as approved by the Community Development Director, and to
the extent possible must incorporate natural structure and landscape to blend in
with the surrounding material.
168. Prior written approval by the City Engineer and Public Works Director is
required for curb outlets that provide for pad or lot drainage onto the street.
169. Drainage devices for the development must include all necessary
appurtenances to safely contain and convey storm flows to their final point of
discharge to the satisfaction of the City Engineer and Public Works Director.
170. The applicant shall demonstrate, for each building pad within the development
area, that the following restrictions and protections can be put in place to the
satisfaction of the City Engineer and Public Works Director:
a. Adequate protection from a one-hundred (100) year frequency storm;
b. Feasible access during a fifty(50) year frequency storm.
c. Elevation of all proposed structures within the one-hundred (100) year
flood zone at least one (1) foot above the one-hundred (100) year flood
level.
Hydrology calculations must be per current Ventura County Watershed
Protection Agency Standards and to the satisfaction of the City Engineer and
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Public Works Director. Development projects within a 100 year flood zone may
require a Conditional Letter of Map Revisions (CLOMR) and Letter of Map
Revision (LOMR) as determined by the City Engineer and Public Works
Director.
171. The storm drain system must be designed with easements of adequate width
for future maintenance and reconstruction of facilities, particularly facilities
deeper than eight feet (8'). In addition, all facilities must have all-weather
vehicular access.
172. All existing public storm drain systems within the development require pre-
construction and post-construction Closed Caption Television Videoing (CCTV)
including identification by existing plan and station.
173. Storm drain systems must be constructed per the most current Ventura County
Watershed Protection District Standard Design Manual, City of Moorpark
Standards and to the satisfaction of the City Engineer and Public Works
Director.
174. All storm drain easement widths and alignments must conform to the City of
Moorpark requirements and be to the satisfaction of the City Engineer and
Public Works Director. Easements must provide sufficient room for
reconstruction of the storm drain systems and provide all weather access within
the easement, to all manholes, inlets, outlets and any other structure that
requires maintenance.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
175. Prior to the start of grading or any ground disturbance, the applicant shall
identify a responsible person experienced in NPDES compliance who is
acceptable to the City Engineer and Public Works Director. The designated
NPDES person (superintendent) shall be present, on the project site Monday
through Friday and on all other days when the probability of rain is forty percent
(40%) or greater and prior to the start of and during all grading or clearing
operations until the release of grading bonds. The superintendent shall have full
authority to rent equipment and purchase materials to the extent needed to
effectuate Best Management Practices. The superintendent shall be required
to assume NPDES compliance during the construction of streets, storm
drainage systems, all utilities, buildings and final landscaping of the site.
176. Prior to the issuance of any construction/grading permit and/or the
commencement of any qualifying grading or excavation, the applicant shall
prepare and submit a Stormwater Pollution Control Plan (SWPCP), on the form
established in the Ventura Countywide Stormwater Quality Management
Program. The SWPCP must address the construction phase compliance to
stormwater quality management regulations for the project. The SWPCP,
improvement plans and grading plans must note that the contractor shall
comply with the California Best Management Practices Construction Handbook,
Resolution No. 2009-2799
Page 31
published by the California Stormwater Quality Association. The SWPCP must
be submitted, with appropriate review deposits, for the review and approval of
the City Engineer and Public Works Director. The SWPCP must identify
potential pollutant sources that may affect the quality of discharges and design
the use and placement of Best Management Practices (BMPs) to effectively
prohibit the entry of pollutants from the construction site into the storm drain
system during construction. Erosion control BMPs, which include wind erosion,
dust control, and sediment source control BMPs for both active and inactive
(previously disturbed) construction areas are required.
177. The SWPCP must include provisions for modification of BMPs as the project
progresses and as conditions warrant. The City Engineer and Public Works
Director may require the first version and each subsequent revision of the
SWPCP to be accompanied by a detailed project schedule that specifically
identifies the type and location of construction operations for the project. The
SWPCP must be developed and implemented in accordance with the latest
issued Ventura Countywide Stormwater Quality Management Program, NPDES
Permit, Chapter 8.52 of the Moorpark Municipal Code and any other
requirements established by the City. The applicant is responsible for ensuring
that all project contractors, subcontractors, materials suppliers, tenants and
tenants' contractors comply with all BMPs in the SWPCP, until such time as a
notice of termination has been approved by the City Engineer and Public Works
Director and accepted by the Los Angeles Regional Water Quality Control
Board. The SWPCP must include schedules and procedures for onsite
maintenance of earthmoving and other heavy equipment and documentation of
proper disposal of used oil and other lubricants. Onsite maintenance of all
equipment that can be performed offsite will not be allowed.
178. Prior to the issuance of any construction/grading permit and/or the
commencement of any qualifying, grading or excavation, the applicant for
projects with facilities identified as subject to the State Board General Industrial
and Commercial permits shall prepare and submit a Stormwater Pollution
Prevention Plan (SWPPP). The SWPPP must address post-construction
compliance with stormwater quality management regulations for the project.
The SWPPP, improvement plans and grading plans must note that the
contractor shall comply with the latest edition of the California Best
Management Practices New Development and Redevelopment Handbook,
published by the California Stormwater Quality Association. The SWPPP must
comply with the Ventura Countywide Stormwater Quality Management Program
Land Development Guidelines, Technical Guidance Manual for Stormwater
Quality Control Measures, and the Stormwater Management Program (SMP) to
develop, achieve, and implement a timely, comprehensive, cost effective
stormwater pollution control program to reduce pollutants to the maximum
extent practicable. The SWPPP must be prepared in compliance with the form
and format established in the Ventura Countywide Stormwater Quality
Management Program, and submitted, with appropriate review deposits, for the
review and approval of the City Engineer/Public Works Director. The proposed
plan must also address all relevant NPDES requirements, maintenance
Resolution No. 2009-2799
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measures, estimated life spans of Best Management Practices facilities,
operational recommendations and recommendations for specific Best
Management Practices technology, including all related costs. The use of
permanent dense ground cover planting approved by the City Engineer/Public
Works Director and Community Development Director is required for all graded
slopes. Methods of protecting the planted slopes from damage must be
identified. Proposed management efforts during the lifetime of the project must
include best available technology. "Passive" and "natural" BMP drainage
facilities are to be provided such that surface flows are intercepted and treated
on the surface over biofilters (grassy swales), infiltration areas and other similar
solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or
similar "active" devices is not acceptable and may not be used without specific
prior approval of the City Council. The use of biological filtering, bio-
remediation, infiltration of pre-filtered stormwater and similar measures that
operate without annual maintenance intervention, that are failsafe, that, when
maintenance is needed, will present the need for maintenance in an obvious
fashion and which will be maintainable in a cost effective and non-disruptive
fashion is required. As deemed appropriate for each project, the SWPPP must
establish a continuing program of monitoring, operating and maintenance to:
a. Provide discharge quality monitoring.
b. Assess impacts to receiving water quality resulting from discharged
waters.
c. Identify site pollutant sources.
d. Educate management, maintenance personnel and users, to obtain user
awareness and compliance with NPDES goals.
e. Measure management program effectiveness.
f. Investigate and implement improved BMP strategies.
g. Maintain, replace and upgrade BMP facilities (establish BMP facility
inspection standards and clear guidelines for maintenance and
replacement).
h. Secure the funding, in perpetuity, to achieve items"a" through "g" above.
179. Prior to the issuance of any construction/grading permit and/or the
commencement of any clearing, grading or excavation, the applicant shall
submit a Notice of Intent (NOI) to the California State Water Resources Control
Board, Stormwater Permit Unit in accordance with the latest issued NPDES
Construction General Permit: Waste Discharge Requirements for Discharges of
Stormwater Runoff Associated with Construction Activities). The applicant shall
also provide a copy of the Notice of Intent (NOI) to the City Engineer and Public
Works Director as proof of permit application. The improvement plans and
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grading plans shall contain the Waste Discharge Idenfication number for the
project.
180. Engineering and geotechnical or soils reports must be provided to prove, to the
satisfaction of the City Engineer and Public Works Director, that all "passive"
NPDES facilities meet their intended use and design. These facilities shall meet
the minimum requirements relating to water detention and clarification.
181. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal Code
and any provision amendatory and supplementary thereto.
D. Please contact the BUILDING DIVISION for compliance with the following
conditions:
182. Prior to the issuance of a Building Permit, the applicant shall provide written
proof that an "Unconditional Will Serve Letter" for water and sewer service has
been obtained from the Ventura County Waterworks District No. 1.
E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL
DISTRICT for compliance with the following conditions:
183. Prior to issuance of a Zoning Clearance for building permit, a Ventura County
Air Pollution Control District (APCD) "Authority to Construct„ shall be obtained
for all equipment subject to APCD Permit (see APCD Questionnaire, A63205).
Final Certificate of Occupancy shall not be granted until compliance with all
applicable APCD Rules & Regulations has been satisfactorily demonstrated.
(This Condition Applies to Commercial/industrial Projects)
184. Facilities shall be operated in accordance with the Rules and Regulations of the
Ventura County Air Pollution Control District, with emphasis on Rule 51,
Nuisance. Rule 51 states: °A person shall not discharge from any source
whatsoever such quantities of air contaminants or other material which cause
injury, detriment, nuisance or annoyance to any considerable number of
persons or to the public or which endangers the comfort, repose, health or
safety of any such persons or the public or which cause or have a natural
tendency to cause injury or damage to business or property." (This Condition
Applies to Commercial/Industrial Projects)
F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for
compliance with the following conditions:
GENERAL
185. Prior to combustible construction, an all weather access road/driveway and the
first lift of the access road pavement must be installed. Once combustible
construction starts a minimum twenty-foot (20') clear width access
road/driveway must remain free of obstruction during any construction activities
within the development_ All access roads/driveways must have a minimum
vertical clearance of thirteen feet-six inches (13'-6") and a minimum outside
turning radius of forty feet (40').
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186. Approved turnaround areas for fire apparatus must be provided when dead-end
Fire District access roads/driveways exceed 150-feet. Turnaround areas may
not exceed a five percent cross slope in any direction and must be located
within one-hundred-fifty feet(150') of the end of the access road/driveway.
187. The access road/driveway must be extended to within one-hundred-fifty feet
(150') of all portions of the exterior wall of the first story of any building and
must be in accordance with Fire District access standards. Where the access
roadway cannot be provided, approved fire protection system or systems must
be installed as required and acceptable to the Fire District.
188. When only one (1) access point is provided, the maximum length of the access
road may not exceed eight-hundred feet(800').
189. Public and private roads must be named if serving more than four(4) parcels or
as required by the Fire District. All street naming shall be in accordance with
currently adopted City Council policy.
190. Approved walkways must be provided from all building openings to the public
way or Fire District access road/driveway.
191. Structures exceeding three stories or forty-eight-feet (48') in height must meet
current VCFPD Ordinance for building requirements. Structures exceeding
seventy-five-feet (75') in height are subject to Fire District high rise building
requirements. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
192. All new structures must be provided with an automatic fire sprinkler system in
accordance with current Ventura County Fire Protection District Ordinance.
193. Commercial trash dumpsters and containers with an individual capacity of 1.5
cubic yards or greater may not be stored or placed within five feet of openings,
combustible walls, or combustible roof eave lines unless protected by approved
automatic sprinklers. (This Condition Applies to Commercial/Industrial and
Multi-family Residential Projects)
194. Gating of private streets or parking areas must meet the requirements of
Chapter 17.32 of the Moorpark Municipal Code and any provision amendatory
and supplementary thereto and of the Ventura County Fire Protection District.
FINAL MAP
195. Prior to recordation of the Final Map(s), proposed street name(s) must be
submitted to the Community Development Director and the Fire District's
Mapping Unit for review and approval. Approved street names must be shown
on the Final Map(s). Street name signs must be installed in conjunction with the
road improvements. The type of sign must be in accordance with Plate F-4 of
the Ventura County Road Standards.
196. At least fourteen (14) days prior to recordation of any maps, including parcel
map waivers, the applicant shall submit two (2) copies of the map to the Fire
Prevention Division for approval.
Resolution No. 2009-2799
Page 35
197. Within seven (7) days of the recordation of the Final Map(s) an electronic
version of the map must be provided to the Fire District.
198. Prior to Final Map or prior to the issuance of a building permit, whichever
comes first, the applicant shall provide to the Fire District, written verification
from the water purveyor that the water purveyor can provide the required fire
flow as determined by the Fire District.
DEVELOPMENT REQUIREMENTS
199. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall submit a plan to the Fire District for review and approval
indicating the method by which this project will be addressed.
200. Minimum six-inch (6°) high address numbers must be installed prior to
occupancy, must be contrasting color to the background, and must be readily
visible at night Brass or gold plated number may not be used. Where
structures are set back more that one-hundred-fifty feet (150') from the street,
larger numbers are required so that they are distinguishable from the street. In
the event a structure(s) is (are) not visible from the street, the address
numbers(s) must be posted adjacent to the driveway entrance on an elevated
post.
201. Prior to combustible construction, fire hydrants must be installed to the
minimum standards of the City of Moorpark and the Fire District, and must be in
service.
202. Prior to occupancy of any structure, blue reflective hydrant location markers
must be placed on the access roads in accordance with Fire District standards.
If the final asphalt cap is not in place at time of occupancy, hydrant location
markers must still be installed and replaced when the final asphalt cap is
completed.
203. Prior to the issuance of a building permit, building plans for all A. E, H, 1, R-1
and R-2 Occupancies must be submitted, with payment for plan check, to the
Fire District for review and approval. (This Condition Applies to
Commercial/industrial and Multi-family Residential Projects)
204. Prior to issuance of a building permit the applicant must submit a phasing plan
and two (2) site plans (for the review and approval of the location of fire lanes)
to the Fire District.
205. Prior to occupancy, the fire lanes must be posted "NO PARKING FIRE LANE
TOW-AWAY" in accordance with California Vehicle Code and the Fire District.
206. Prior to or concurrently with the issuance of a building permit, the applicant
shall submit plans to the Fire District showing the location of the existing
hydrants within three-hundred feet (300') of the proposed project and showing
the location, type and number of proposed hydrants, and the size of the outlets.
Fire hydrant(s) shall be provided in accordance with current adopted edition of
the Uniform Fire Code, Appendix 111-B and adopted amendments. On-site fire
hydrants may be required as determined by the Fire District. Fire hydrants, if
required, must be installed and in service prior to combustible construction and
Resolution No. 2009-2799
Page 36
must conform to the minimum standard of the Ventura County Waterworks
Manual and the Fire District.
207. Prior to installation of any fire protection system; including, but not limited to
sprinklers, dry chemical, hood systems, the applicant shall submit plans, along
with the required fee for plan check, to the Fire District for review and approval.
Fire sprinkler systems with one-hundred or more heads must be supervised by
a fire alarm system in accordance with Fire District requirements.
208. Prior to installation of the fire alarm system (if required), the applicant shall
submit plans, along with the required fee for plan check, to the Fire District for
review and approval. The fire alarm system must be installed in all buildings in
accordance with California Building and Fire Code.
209. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall obtain all applicable Uniform Fire Code (UFC) permits.
210. Prior to the issuance of a building permit, the applicant shall obtain a copy of
Ventura County Fire District Form No. 126 "Requirements for Construction."
211. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall install fire extinguishers in accordance with the Uniform Fire
Code. The placement of extinguishers is subject to review and approval by the
Fire District. (This Condition Applies to Commerciallindustrial and Multi-
family Residential Projects)
212. Prior to framing, the applicant shall clear for a distance of one hundred feet all
grass or brush exposing any structure(s)to fire hazards.
G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for
compliance with the following conditions:
213. The applicant shall comply with the applicable provisions of Ventura County
Waterworks District No. 1 standard procedures for obtaining domestic water
and sewer services for applicant's projects within the District.
214. Prior to the issuance of a building permit, the applicant shall provide Ventura
County Waterworks District with:
a. Water and sewer improvement plans in the format required.
b. Hydraulic analysis by a registered Civil Engineer to determine the
adequacy of the proposed and existing water and sewer lines.
c. Copy of fire hydrant location approvals by Ventura County Fire Protection
District.
d. Copy of District Release and Receipt from Calleguas Municipal Water
District.
e. Cost estimates for water and sewer improvements.
f. Plan check, construction inspection, capital improvement charge, sewer
connection fee and water meter charge.
g. Signed Contract to install all improvements and a Surety Bond.
Resolution No. 2009-2799
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215. At the time water service connection is made, cross connection control devices
must be installed on the water system in a manner approved by the Ventura
County Waterworks District No. 1.
H. Please contact the VENTURA COUNTY WATERSHED PROTECTION
DISTRICT for compliance with the following conditions:
216. Direct storm drain connections to Ventura County Flood Control District
facilities are subject to Ventura County Watershed Protection District permit
requirements.
I. Please contact the POLICE DEPARTMENT for compliance with the
following condition:
217. Prior to initiation of the building plan check process for the project, the applicant
shall submit plans in sufficient detail to the Police Department for review and
approval of defensible space concepts to reduce demands on police services.
To the degree feasible and to the satisfaction of the Community Development
Director and the Police Chief, public safety planning recommendations must be
incorporated into the project plans. The applicant shall prepare a list of project
features and design components that demonstrate responsiveness to
defensible space design concepts.
- END -
Resolution No. 2009-2799
Page 38
Exhibit B
CITY OF MOORPARK
STANDARD CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMITS
The following conditions shall be required of all projects unless otherwise noted:
GENERAL REQUIREMENTS
218. Within thirty (30) calendar days of approval of this entitlement, the applicant
shall sign and return to the Planning Division an Affidavit of Agreement and
Notice of Entitlement Permit Conditions of Approval, indicating that the
applicant has read and agrees to meet all Conditions of Approval of this
entitlement. The Affidavit of Agreement/Notice shall include a legal description
of the subject property, and have the appropriate notary acknowledgement
suitable for recordation.
219. This Conditional Use Permit expires one (1) year from the date of its approval
unless the use has been inaugurated by issuance of a building permit for
construction. The Community Development Director may, at his/her discretion,
grant up to two (2) additional one-year extensions for use inauguration of the
permit, if there have been no changes in the adjacent areas and if the applicant
can document that he/she has diligently worked towards use inauguration
during the initial period of time. The request for extension of this permit shall be
made in writing, at least thirty (30) days prior to the expiration date of the permit
and shall be accompanied by applicable entitlement processing deposits.
220. The Conditions of Approval of this entitlement and all provisions of the City of
Moorpark Municipal Code and adopted City policies at the time of the
entitlement approval, supersede all conflicting notations, specifications,
dimensions, typical sections and the like which may be shown on said plans or
application.
221. Conditions of this entitlement may not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an
authorized governmental agency.
222. All mitigation measures required as part of an approved Mitigation Monitoring
Report and Program (MMRP) for this entitlement are hereby adopted and
included as requirements of this entitlement. Where conflict or duplication
between the MMRP and the Conditions of Approval occurs the Community
Development Director shall determine compliance so long as it does not conflict
with the California Environmental Quality Act and the more restrictive measure
or condition applies.
223. The applicant shall defend, indemnify and hold harmless the City and its
agents, officers and employees from any claim, action or proceeding against
the City or its agents, officers or employees to attack, set aside, void, or annul
any approval by the City or any of its agencies, departments, commissions,
agents, officers, or employees concerning this entitlement approval, which
Resolution No. 2009-2799
Page 39
claim, action or proceeding is brought within the time period provided therefore
in Government Code Section 66499.37 or other sections of state law as
applicable. The City will promptly notify the applicant of any such claim, action
or proceeding, and, if the City should fail to do so or should fail to cooperate
fully in the defense, the applicant shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers and employees
pursuant to this condition.
c. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
iii. The City bears its own attorney fees and costs;
iv. The City defends the claim, action or proceeding in good faith.
d. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a a building permit is issued pursuant to the permit
or the use is inaugurated.
224. If any of the conditions or limitations of this approval are held to be invalid, that
holding does not invalidate any of the remaining conditions or limitations set
forth.
225. All facilities and uses, other than those specifically requested in the application
and those accessory uses allowed by the Municipal Code, are prohibited unless
otherwise permitted through application for Modification consistent with the
requirements of the zone and any other adopted ordinances, specific plans,
landscape guidelines, or design guidelines.
FEES
226. Entitlement Processing: Prior to the approval of any Zoning Clearance for this
entitlement, the applicant shall submit to the Community Development
Department all outstanding entitlement case processing fees, including all
applicable City legal service fees. This payment shall be made within sixty (60)
calendar days after the approval of this entitlement.
227. Condition Compliance: Prior to the issuance of any Zoning Clearance, building
permit, grading permit, or advanced grading permit, the applicant shall submit
to the Community Development Department the Condition Compliance review
deposit.
228. Electronic Conversion: In accordance with City policy, the applicant shall
submit to the Community Development Department, City Engineer and Public
Works Director and the Building and Safety Division the City's electronic image
conversion fee for entitlement/condition compliance documents; Final Map/
engineering improvement plans/permit documents; and building plans/permit
documents, respectively.
229. Fish and Game: Within two (2) business days after the City Council/Planning
Commission adoption of a resolution approving this project, the applicant shall
Resolution No. 2009-2799
Page 40
submit to the City of Moorpark two separate checks for Negative Declaration or
Environmental Impact Report, and Administrative Fee, both made payable to
the County of Ventura, in compliance with Assembly Bill 3158 for the
management and protection of Statewide Fish and Wildlife Trust Resources.
Pursuant to Public Resources Code Section 21089, and Fish and Game Code
Section 711.4, the project is not operative, vested or final until the filing fees are
paid.
230. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the
issuance of a Zoning Clearance for building permit, the applicant shall pay to
the Community Development Department citywide Storm Drain Discharge
Maintenance Fee. The fee shall be paid in accordance with City Council
adopted Storm Drain Discharge Maintenance Fee requirements in effect at the
time of building permit application.
Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
231. Prior to issuance of a building permit, the Applicant shall provide an Irrevocable
Offer of Dedication to the City of an easement for the purpose of providing
ingress/egress access, drainage and parking to the adjacent
commercial/industrial properties. The City of Moorpark shall not assume any
responsibility for the offered property or any improvements to the property until
this action has been accepted by the City Council. If accepted by the City of
Moorpark, this easement may be fully assignable to the adjacent property
owners, as an easement appurtenant for parking, ingress/egress access
purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of
Dedication and other required pertinent documents required to satisfy the
above requirements shall be to the satisfaction of the Community Development
Director, City Engineer, Public Works Director and the City Attorney
232. Parking areas must be maintained in accordance with the requirements of the
Moorpark Municipal Code. All parking space and loading bay striping must be
maintained so that it remains clearly visible during the life of the development.
233. Prior to any re-striping of the parking area, a Zoning Clearance is required. All
disabled parking spaces and paths of travel must be re-striped and maintained
in their original approved locations unless new locations are approved by the
Community Development Director.
OPERATIONAL REQUIREMENTS
234. Loading and unloading operations are allowed only between the hours of 6:00
a.m. and 10:00 p.m. unless additional hours are approved by the City Council.
More restrictive hours for loading and unloading may be imposed by the
Community Development Director if there are noise and other issues that make
the loading and unloading incompatible with the adjacent residential uses.
There shall be no idling of trucks while loading or unloading.
Resolution No. 2009-2799
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235. All uses and activities must be conducted inside the building(s) unless
otherwise authorized in writing by the Community Development Director and
consistent with applicable Zoning Code provisions.
236. Prior to the issuance of a Zoning Clearance for any use which requires handling
of hazardous or potentially hazardous materials, the applicant shall provide
proof that he/she has obtained the necessary permits from Ventura County
Environmental Health Division. Should the Community Development Director
determine that a compatibility study is required; the applicant shall apply for a
Permit Modification to the entitlement.
237. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
238. The continued maintenance of the subject site and facilities is subject to
periodic inspection by the City. The Applicant and his/her successors, heirs,
and assigns shall be required to remedy any defects in ground or building
maintenance, as indicated by the City within five (5) working days from written
notification.
239. No noxious odors may be generated from any use on the subject site.
240. The applicant and his/her successors, heirs, and assigns shall remove any
graffiti within seventy-two (72) hours from written notification by the City of
Moorpark. All such graffiti removal shall be accomplished to the satisfaction of
the Community Development Director.
241. Should continued compliance with these Conditions of Approval not be met the
Community Development Director may modify the conditions in accordance
with Municipal Code Section 17.44.100 and sections amendatory or
supplementary thereto, declare the project to be out of compliance, or the
Director may declare, for some other just cause, the project to be a public
nuisance. The applicant shall be liable to the City for any and all costs and
expenses to the City involved in thereafter abating the nuisance and in
obtaining compliance with the Conditions of Approval or applicable codes. If the
applicant fails to pay all City costs related to this action, the City may enact
special assessment proceedings against the parcel of land upon which the
nuisance existed (Municipal Code Section 1.12.170).
242. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
prospective tenant shall obtain a Business Registration Permit from the City of
Moorpark. All contractors doing work in Moorpark shall have or obtain a current
Business Registration Permit.
243. Prior to issuance of Zoning Clearance for the first building permit, the applicant
shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste
Management staff and the Community Development Director for review and
approval. The Plan must include a designated building manager, who is
responsible for initiating on-site waste materials recycling programs, including
acquiring storage bins for the separation of recyclable materials and
coordination and maintenance of a curbside pickup schedule.
Resolution No. 2009-2799
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244. The building manager or designee shall be required to conduct a routine on-site
waste management education program to educating and alerting employees
and/or residents to any new developments or requirements for solid waste
management. This condition must be coordinated through the City's Solid
Waste Management staff.
245. No overnight parking, repair operations or maintenance of trucks may occur on
site. The property owner shall enter into an agreement with the City to allow
the City, upon property posting of signs restricting the overnight parking, repair
or maintenance of truck, to enforce the onsite restrictions and assume the costs
of towing the violating vehicles.
246. Tree pruning, consisting of trimming to limit the height and/or width of tree
canopy and resulting in a reduction of required shade coverage for the parking
lot area, is prohibited by Section 17.32.070 of the Moorpark Municipal Code
and will be considered a violation of the Conditions of Approval. Tree trimming
for the purposes of maintaining the health of trees is permitted with prior
approval of the Community Development Director and the City's designated
arborist.
247. All landscaping must be maintained in a healthy and thriving condition, free of
weeds, litter and debris.
ALCOHOLIC BEVERAGE REQUIREMENTS (for alcoholic beverage sales and
service)
31. The development must be in substantial conformance with the plans presented in
conjunction with this application, except any modifications as may be required to
meet specific Code standards or other conditions stipulated herein.
32. All necessary permits must be obtained from the Building and Safety Department
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations.
33. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
34. Entertainment is not approved as part of this Conditional Use Permit and requires
approval of a separate permit.
35. Security personnel must be provided to monitor the parking area(s) designated
for use by customers of the restaurant during any activity that may require the
need for additional security such as an outdoor concert or special sales event or
exhibit. The applicant shall work with the Police Department, Fire Department,
and Community Development Department staff to determine which activities
require additional security. The owner/manager shall be required to obtain
Temporary Use Permit approval from the City of Moorpark when a scheduled
activity could create a need for increased police presence. The only exception is
for special events held by Moorpark-based non-profit groups.
36. The applicant shall reimburse the City of Moorpark for any additional police or
other costs incurred by the City as a result of operations approved by this
Resolution No. 2009-2799
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Conditional Use Permit, including fifteen (15%) percent overhead on any such
services.
37. No person under the age of eighteen (18) may serve or package alcoholic
beverages.
38. All exterior areas of the site, including parking areas under use by the facility,
must be maintained free of litter and debris at all times.
39. This Conditional Use Permit may be revoked or its use suspended by the City, if
any of the causes listed in Section 17.44.100.13 of the Zoning Code are found to
apply, including if the use for which the permit was granted has not been
exercised for at least twelve (12) consecutive months, has ceased to exist, or has
been abandoned. The discontinuance for a period of one hundred eighty (180) or
more days of a nonconforming use or a change of nonconforming use to a
conforming use constitutes abandonment and termination of the nonconforming
status of the use.
40. The City of Moorpark reserves the right to modify, suspend or revoke for cause
this Conditional Use Permit consistent with Chapter 17.44 of the Moorpark
Municipal Code or as said Code may be amended or supplemented in the future.
41. Sales, service or consumption of liquor, beer, and wine allowed by this
Conditional Use Permit are permitted only between the hours of 10:00 a.m. and
Midnight.
42. This premise is not licensed by ABC to operate as a bar or a nightclub and must
maintain this premise as a restaurant. The quarterly gross sales of alcoholic
beverages may not exceed 50% of the gross sales of food during the same
period. The facility must at all times maintain records which reflect separately the
gross sale of food and the gross sales of alcoholic beverages of the business.
Said records shall be kept no less frequently than on a quarterly basis and shall
be made available to the Moorpark Police Department upon demand.
43. "Walk-in" alcohol service for non-restaurant patrons is not permitted at any time.
Alcoholic beverages may only be sold/served to patrons of the facility during
dining events. Food meal service must be available during all business hours
that alcoholic beverages are sold.
44. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons.
45. The applicant or his/her designee shall be responsible to police the exterior of the
business to assure that no liquor, beer, or wine is consumed within the parking
lot. The applicant shall not permit any loitering in the parking lot or in areas
adjacent to the facility. The rear door must remain closed during business hours.
46. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of alcoholic beverages. Interior advertising displays for alcoholic
beverages that are clearly visible to the exterior constitute a violation of this
condition.
47. The permittee must correct any safety or security problem within thirty (30) days
upon written notice of such a problem from the Moorpark Police Department.
Resolution No. 2009-2799
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48. A License Agreement for encroachment into the right-of-way must be obtained
prior to the initiation of any sidewalk dining or the capture fencing must be
removed. (Required when the use is on a part of the public right-of-way)
49. Any and all employees directly involved or supervising the sale/service of
alcoholic beverages shall provide evidence and the business shall maintain
records that employees have:
a. Received training from the State of California Department of Alcoholic
Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD
program in the form of an ABC issued certificate.
b. The Owner/Manager shall confirm with the California Department of
Alcoholic Beverage Control within fifteen (15) days of hire any new
employee has been scheduled with the local (Santa Barbara ABC office)
to attend the LEAD program course. Alternatively, this course attendance
requirement may be met through a LEAD certified agency or company
approved by the State of California.
VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT RELATED
REQUIREMENTS:
50. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air
Pollution Control District (APCD) "Authority to Construct" must be obtained for all
equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final
Certificate of Occupancy will not be granted until compliance with all applicable
APCD Rules & Regulations has been satisfactorily demonstrated.
51. Facilities must be operated in accordance with the Rules and Regulations of the
Ventura County Air Pollution Control District, with emphasis on Rule 51,
Nuisance. Rule 51 states: "A person shall not discharge from any source
whatsoever such quantities of air contaminants or other material which cause
injury, detriment, nuisance or annoyance to any considerable number of persons
or to the public or which endangers the comfort, repose, health or safety of any
such persons or the public or which cause or have a natural tendency to cause
injury or damage to business or property."
VENTURA COUNTY FIRE PROTECTION DISTRICT RELATED REQUIREMENTS:
GENERAL
52. Commercial trash dumpsters and containers with an individual capacity of 1.5
cubic yards or greater may not be stored or placed within five feet of openings,
combustible walls, or combustible roof eave lines unless protected by approved
automatic sprinklers.
DEVELOPMENT REQUIREMENTS
53. Prior to the issuance of a building permit, building plans for all A, E, H, I, R-1 and
R-2 Occupancies shall be submitted, with payment for plan check, to the Fire
District for review and approval.
54. Prior to installation of any fire protection system, including, but not limited to
sprinklers, dry chemical, hood systems, the applicant shall submit plans, along
Resolution No. 2009-2799
Page 45
with the required fee for plan check, to the Fire District for review and approval.
Fire sprinkler systems with one-hundred or more heads must be supervised by a
fire alarm system in accordance with Fire District requirements.
55. Prior to installation of the fire alarm system (if required), the applicant shall
submit plans, along with the required fee for plan check, to the Fire District for
review and approval. The fire alarm system must be installed in all buildings in
accordance with California Building and Fire Code.
56. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall obtain all applicable Uniform Fire Code (UFC) permits.
57. Prior to the issuance of a building permit, the applicant shall obtain a copy of
Ventura County Fire District Form No. 126 'Requirements for Construction."
58. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall install fire extinguishers in accordance with the Uniform Fire Code.
The placement of extinguishers is subject to review and approval by the Fire
District.
- END -