HomeMy WebLinkAboutAGENDA REPORT 2013 0911 CC ADJ ITEM 08C rity council h'eetinq
ITEM 8.C.
ORDINANCE NO. 421
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING ZONING ORDINANCE AMENDMENT NO. 2013-03,
TO AMEND CHAPTERS 17.12 (ESTABLISHMENT OF ZONES
BOUNDARIES AND MAPS) AND 17.20 (USES BY ZONE), AND
TO ADD CHAPTER 17.76 (RESIDENTIAL PLANNED
DEVELOPMENT 20 UNITS TO THE ACRE [RPD-20U-N-D]), TO
THE MOORPARK MUNICIPAL CODE TO ENSURE
COMPLIANCE WITH THE ADOPTED HOUSING ELEMENT, AND
CONSISTENCY WITH CHANGES IN FEDERAL AND STATE LAW
ON THE APPLICATION OF THE CITY OF MOORPARK.
WHEREAS, at its meeting of July 17, 2013, the City Council adopted Resolution
No. 2013-3204 directing the Planning Commission to consider a General Plan
Amendment, a Downtown Specific Plan Amendment, a Zone Change of at least 25.8
total acres of land to Residential Planned Development (RPD) — 20U, (locations to be
determined) and amendments to Title 17 (Zoning) of the Moorpark Municipal Code
regarding development of a RPD-20U zone, to allow development of twenty (20) units
per acre, at various locations throughout the city, locations to be determined, on the
application of the City of Moorpark, to ensure compliance with the adopted Housing
Element, consistent with State law, the City's General Plan and other provisions of the
City's Zoning Ordinance; and
WHEREAS, at a duly noticed public hearing on August 27, 2013, the Planning
Commission considered Zoning Ordinance Amendment No. 2013-03, to amend
Chapters 17.12 (Establishment of Zones Boundaries and Maps) and 17.20 (Uses by
Zone), and to add Chapter 17.76 (Residential Planned Development twenty (20) units to
the acre [RPD-20U-N-D]), to the Moorpark Municipal Code to ensure compliance with
the adopted Housing Element, and consistency with changes in Federal and State Law;
and considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; closed the hearing; and the Planning Commission adopted
Resolution No. PC-2013-587 recommending approval to the City Council of Zoning
Ordinance Amendment No. 2013-03; and
WHEREAS, at a duly noticed public hearing on September 4, 2013, the City
Council considered the agenda report for Zoning Ordinance Amendment No. 2013-03
and any supplements thereto and written public comments; opened and closed the
public hearing and took and considered public testimony both for and against the
proposal and reached a decision on this matter; and
WHEREAS, the City Council has read, reviewed, considered and adopted a
Negative Declaration prepared for the project referenced above.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
31
Ordinance No. 421
Page 2
SECTION 1. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The
City Council finds Zoning Ordinance Amendment No. 2013-03 amending Chapters
17.12 (Establishment of Zones Boundaries and Maps) and 17.20 (Uses by Zone), and
adding Chapter 17.76 (Residential Planned Development 20 Units to the acre [RPD-
20U-N-D]) to the Moorpark Municipal Code to be consistent with the City of Moorpark
General Plan and all adopted Specfic Plans.
SECTION 2. Zoning Ordinance Amendment No. 2013-03 amending Chapters
17.12 (Establishment of Zones Boundaries and Maps) and 17.20 (Uses by Zone), and
adding Chapter 17.76 (Residential Planned Development twenty (20) Units to the acre
[RPD-20U-N-D]) as shown in Exhibit "A" attached.
SECTION 3. If any section, subsection, sentence, clause, phrase, part or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses,
phrases, parts or portions be declared invalid or unconstitutional.
SECTION 4. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 5. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a minute of the passage and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted; and shall publish notice of adoption in
the manner required by law.
PASSED AND ADOPTED this 11 th day of September, 2013.
Janice Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit A: 17.12.010 Purpose and establishment of Zones; 17.20.050 et
seq.; Addition of Chapter 17.76 Residential Planned Development 20
Units to the Acre (RPD-20U-N-D)
32
Ordinance No. 421
Page 3
EXHIBIT A
Zoning Ordinance Amendment No. 2013-03
Amendments to Chapter 17.12
17.12.010 Purpose and establishment of zones.
In order to classify, regulate and segregate uses of lands and buildings; to regulate the
height and size of buildings; to regulate the area of yards and other open spaces around
buildings; and to regulate the density of population, the following classes of use zones
and their subzones are established:
A. Open space (0-S) zone;
B. Agricultural exclusive (A-E) zone;
C. Rural agricultural (R-A) zone;
D. Rural exclusive (R-E) zone;
E. Single-family estate (R-0) zone;
F. Single-family residential (R-1) zone;
G. Two-family residential (R-2) zone;
H. Residential planned development (R-P-D) zone;
I. Commercial office (C-0) zone;
J. Neighborhood commercial (C-1) zone;
K. General commercial (C-2) zone;
L. Commercial planned development (C-P-D) zone;
M. Industrial park (M-1) zone;
N. Limited industrial (M-2) zone;
0. Planned community (P-C) zone;
P. Specific plan (S-P) zone;
Q. Old town commercial (C-OT) zone;
R. Specific plan—downtown overlay (SP-D) zone;
S. Residential Planned Development 20 Units Per
(RPD 20U-N-D) per Chapter 17.76.
Amendments to Chapter 17.20
Acre (non-discretionary)
Table 17.20.050 is amended to add a new column labeled "RPD20U-N-D" and then to
add a subparagraph (c) to paragraph 5 (Dwellings, multiple-family) to read as follows:
(c) Residential Planned Development twenty (20) units per acre (non-discretionary
planned development permit) pursuant to Chapter 17.76.
This subparagraph (c) shall be shown with the symbol "ZC" under the column RPD20U-
N-D to reflect that developments in the RPD20U-N-D zone are subject to Zoning
Clearance review.
33
Ordinance No. 421
Page 4
Chapter 17.76
RESIDENTIAL PLANNED DEVELOPMENT 20 UNITS TO THE ACRE (RPD 20U-N-D)
Sections:
17.76.010 Purpose.
17.76.020 Definitions.
17.76.030 General provisions.
17.76.040 Application Procedures and Consistency Determinations.
17.76.050 Development Standards.
17.76.060 Fees.
17.76.010 Purpose.
The purpose of this chapter is to set forth development regulations and
standards, which have been established to provide criteria for the development of the
properties within the Residential Planned Development twenty (20) units to the acre
(RPD20U-N-D) zone to allow for development of affordable multi-family housing as a
permitted use and not subject to discretionary review or approval, and to provide
adequate separation for light, air, safety, and open space as well as to provide an
aesthetically pleasing environment in which to live, work and recreate. Implementation
of the regulations and standards set forth in this chapter are intended to ensure that
future development is coordinated and consistent with the goals and policies of the
downtown specific plan and the city's general plan, specifically the housing element.
The standards contained in this chapter provide for the arrangement,
development, and use of multi-family residential neighborhoods, open space areas, and
recreational sites. Application of these regulations and standards is intended to
encourage the most appropriate use of the land, create a harmonious relationship
among land uses, provide opportunities to construct affordable housing and protect the
health, safety, and general welfare of the community.
17.76.020 Definitions.
Words and terms used in this chapter shall have the same definitions as provided
in Chapter 17.08 of this Title 17.
17.76.030 General provisions.
A. The provisions of this chapter shall control development in the RPD20U-
N-D zone and shall prevail over any conflicting provisions in other portions of the
Moorpark Municipal Code.
34
Ordinance No. 421
Page 5
B. All land use entitlements and permits issued within the RPD20U-N-D
zoning area shall be consistent with the city's general plan, as amended.
C. The director of community development shall have the power to interpret
the regulations and standards applicable to the RPD20U-N-D zone.
D. Procedures for the processing of land use entitlements for the RPD20U-N-
D zone shall be the same as defined in Sections 17.44.060 and 17.76.040 of this Code.
17.76.040 Application Procedures and Consistency Determinations.
A. Planned Development (PD) Permit. A PD permit is required prior to
initiation of uses and structures in the RPD20U-N-D zone, as specified in Chapter 17.20
of this Title. A PD permit application is subject to compliance with the development
standards of the RPD20U-N-D zone and shall be a permitted use not subject to
discretionary review or approval if determined to be in compliance with the development
standards of the RPD20U-N-D zone. The Planning Commission shall hold at least one
(1) public meeting on any PD permit application in this zone. A PD permit shall be
approved by resolution if the Planning Commission determines that:
1. The site design, including structure location, size, height, setbacks,
massing, scale, architectural style and colors, and landscaping, satisfies the objective
requirements of the general plan, zoning ordinance, and any other applicable
ordinances, or Federal or State regulations; and
2. The project complies with the development standards in this chapter
17.76.
B. The procedures for appeals and modifications of a PD permit application
under this chapter shall be in accordance with the procedures set forth in chapter 17.44
of this Code.
C. A PD permit shall expire one (1) year from the date of its approval by the
Planning Commission unless the use has been inaugurated by issuance of a building
permit. The Community Development Director may, at his/her discretion, grant up to
two (2) additional one (1) year extensions for use inauguration of the PD permit, if there
have been no changes in the adjacent areas and if the applicant can document that
he/she has worked diligently towards use inauguration during the initial period of time.
The request for extension of this PD 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.
D. Zoning Clearance. Pursuant to Section 17.44.030(8)(1) of this Title, a
Zoning Clearance review and approval by the Community Development Director shall
be required before a building permit may be issued for any development in the
RPD20U-N-D zone.
35
Ordinance No. 421
Page 6
E. The failure of the owner to develop and maintain property in the RPD20U-
N-D zone in compliance with this chapter, and the PD permit shall subject the owner to
nuisance abatement requirements of this Code and State law. The applicant shall be
liable to the City for any and all costs and expenses to the City required to abate the
nuisance and obtain compliance with the project approvals 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,
pursuant to Chapter 1 .12 of this Code.
17.76.050 Development Standards.
1. Minimum lot area: 0.75 (three quarters) of an acre (32,670 square feet).
2. Density: twenty (20) units per acre with a minimum of sixteen (16) units
per site. Subsections (2) and (3) of Section 17.64.030(B) allowing for a density bonus
exceeding the density bonus required by State law shall not apply to the RPD20U-N-D
zone.
3. Building Setbacks:
a. Front setback: Minimum landscaped setback of twenty (20) feet and
architectural facade projections of up to sixteen (16) inches are allowed for non-livable
spaces; with a minimum driveway depth of twenty (20) feet, as measured from front
property line across area leading to enclosed parking within a garage; any two (2)
adjacent lots may have the same front setback; however the third consecutive lot should
vary the front setback by one (1) or more feet, as appropriate to the street and lot
configuration, and to provide for variety in the streetscape.
b. Side setback: Minimum for a multiple-family dwelling unit on an interior lot
shall be five (5) feet. Minimum for a multiple-family dwelling unit adjacent to a street is
fifteen (15) feet. Minimum for a single story enclosed patio, patio cover or detached
accessory structure shall be five (5) feet.
C. Rear setback: Minimum for a multiple-family dwelling unit is fifteen (15)
feet, and second story floors, and/or architectural projections, may cantilever a
maximum of eighteen (18) inches into the minimum required fifteen (15) foot setback.
For single story enclosed patios or open patio covers, carports, or for detached
accessory structures, the minimum required rear setback is five (5) feet.
d. Mechanical equipment: Must be located in the rear yard with a minimum
five foot setback from any side or rear property line and must be screened with a
decorative masonry wall or landscaping; or must be located below the lowest parapet
roof so equipment will not be visible from offsite, subject to criteria under Roofs below.
4. Maximum building height:
a. Thirty-five (35) feet for dwelling units; 36
Ordinance No. 421
Page 7
b. Fifteen (15) feet for a patio cover, carport or accessory structure;
C. Second story decks or balconies are prohibited within fifteen (15) feet of
any property line.
5. Fences and Walls. Fences and walls shall comply with the provisions of
this Code, with the exception that sound attenuation walls shall be constructed to a
height as required by a city-approved noise study for the residential planned
development permit.
6. Lighting. Lighting shall comply with Chapter 17.30 of the City of Moorpark
Municipal Code.
7. Parking. Parking shall comply with Chapter 17.32 of the City of Moorpark
Municipal Code.
8. Signage. Signage shall comply with Chapter 17.40 of the City of Moorpark
Municipal Code.
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 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.
37
Ordinance No. 421
Page 8
11 . 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's 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.
12. 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 development
standard.
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:
L The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this development standard
shall apply regardless of whether a building permit is issued pursuant to
the planned development permit.
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. Recreational Amenities. Residential planned development permit areas on
properties that have an average size of more than one and one half acre (65,340
square feet) shall include private recreational amenities including but not limited to the
following: restrooms, swimming pool and spa, play apparatus, picnic shelter, barbecue
area with seating, and multipurpose play area field. Residential planned development
permit areas on properties that have an average size of less than one and one half acre
(65,340 square feet) shall include private recreational amenities including but not limited
38
Ordinance No. 421
Page 9
to the following: play apparatus, picnic shelter, barbecue area with seating, and
multipurpose play area field.
15. Eaves and Window Treatments and Surrounds. The eaves and window
treatments and surrounds on all sides of a structure shall match the eaves, window
treatments and surrounds on the front elevation, achieving four-sided architectural
compatibility with the chosen architectural style.
16. Wrap-Around Front Elevation Treatment. The architectural style and
treatment included along the front elevation of a unit shall continue along each side
elevation until commencement of fencing or other architecturally feasible termination
point, such as a chimney or window.
17. Colors. The paint colors shall be earth-toned, and match the chosen
architectural style. The paint treatment must be applied along all window surrounds and
parapets with varying colors, and on all wall facades of all elevations until
commencement of wall planes or other architecturally feasible termination point, such
as a chimney or window. Rust-inhibitive paint must be used for all exterior metal
building surfaces to prevent corrosion and release of metal contaminants into the storm
drain system.
18. Roofs. The roofs shall be pitched roofs covered in concrete roofing the or
equivalent with a minimum 3:12 pitch, or shall utilize decorative parapet roofing
matching the chosen architectural style, that shall be no lower than the tallest roof
mounted mechanical equipment. 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. This
shall be based on a city-approved noise study for the residential planned development
that shows that the current project attenuates all on-site noise generation sources to the
required level or provides 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. No exterior roof access ladders are
permitted.
19. Durable Materials. The trim on the ground floor levels of the structures
must be constructed of durable materials, (i.e. wood window trim or one quarter [1/4]
inch minimum cementous stucco coat over foam).
20. A utility room with common access to house all meters and the roof
access ladder must be provided
21. Outdoor facilities. 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. Transformers and cross connection water control devices (subject to
approval by Ventura County Waterworks District No. 1), must be screened from street
view with a masonry wall and/or landscaping. 39
Ordinance No. 421
Page 10
22. Trash disposal. Trash disposal and recycling areas must be placed 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 and drains from the
disposal and recycling areas must be connected to the sewer system.
23. 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).
24. 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 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.
25. Engineering plans must be submitted on standard City title block sheets of
twenty-four (24) inch by thirty-six (36) inch to a standard engineering scale
representative of sufficient plan clarity and workmanship.
26. A fifteen (15) mile per hour speed limit must be observed within all
construction areas.
27. 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.
28. 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 1 st (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. 40
Ordinance No. 421
Page 11
29. 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.
30. 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.
31. 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.
32. 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.
33. The applicant shall utilize all prudent and reasonable measures (including
installation of a six (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.
34. The applicant shall post, in a conspicuous location, the construction hour
limitations and make each construction trade aware of the construction hour limitations.
35. 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.
36. 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.
37. 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 development standards and/or the
Municipal Code including, but not limited to grading, street improvements, storm drain 41
Ordinance No. 421
Page 12
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.
38. 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.
39. 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 thirty (30) days of report approval.
40. 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 affect 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, or most recently adopted version.
41. 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 thirty (30) days of report
approval.
42. 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.
42
Ordinance No. 421
Page 13
43. Prior to issuance of a grading permit, a qualified, currently registered
Professional Civil Engineer in good standing in the State of California shall be 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.
44. Prior to the import or export of more than one hundred (100) truckloads or
one thousand (1,000) cubic yards a Haul Route Permit in conformance with the
currently adopted City of Moorpark Engineering Policies and Standards is required.
45. Where slopes exceeding four (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 eighteen (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 (2)-feet from the back of the
sidewalk. This two (2) foot 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.
46. 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.
47. 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 grading. Written approval from the City Engineer and
Public Works Director must be obtained prior to any modification.
43
Ordinance No. 421
Page 14
48. 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.
49. 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.
50. 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.
51. 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.
52. 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.
53. 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 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 44
Ordinance No. 421
Page 15
the grading. The planting will be to the satisfaction of the Community Development
Director, City Engineer, and Public Works Director.
54. 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 1'5, 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.
55. 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 fifteen (15) mph averaged over one (1) hour).
56. Backfill of any pipe or conduit must be in four (4) inch fully compacted
layers unless otherwise specified, in writing, by the City Engineer and Public Works
Director.
57. Soil testing for trench compaction must be performed on all trenching and
must be done not less than once every two (2) feet of lift and one-hundred (100) lineal
feet of trench excavated. Test locations must be noted using true elevations and street
stationing with offsets from street centerlines.
58. 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
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.
45
Ordinance No. 421
Page 16
59. 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.
60. 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 (500) feet 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.
61. 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.
62. 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.
63. 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 by the project geotechnical
engineer as outlined in the final geotechnical reports and approved by the City Engineer
and Public Works Director.
64. 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
46
Ordinance No. 421
Page 17
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.
65. Transfer of responsibility of California Registered Civil Engineer in charge
for the project must be in accordance with rules and guidelines set forth pursuant to
Rules of the Board for Professional Engineers and Land Surveyors, California Code of
Regulations, Title 16, Division 5, Board Rule 404.1, Subsections (c) and (d), that speak
to Successor Licensee and Portions of Projects.
66. 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 forty-eight (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.
67. 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 development standards.
68. Prior to issuance of the first building permit, all existing and proposed
utilities, including electrical transmission lines less than (sixty-seven) 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.
69. 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 (5) feet clear sidewalk width must be provided around the
obstruction. Above-ground obstructions may not be located within or on multi-purpose
trails.
70. 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 twenty-four by thirty-six (24 X 36) inch
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 47
Ordinance No. 421
Page 18
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.
71. 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.
72. Prior to reduction of improvement bonds, the applicant must submit
reproducible centerline tie sheets on three (3)-mil polyester film to the City Engineer and
Public Works Director.
73. 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 (1-1/2) inch 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.
74. 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.
75. 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 off-site drainage
structures and hydrologic and hydraulic calculations in a bound and indexed report
prepared by a California Registered Civil Engineer.
76. 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 ten (10) year and one
hundred (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 48
Ordinance No. 421
Page 19
Works Director. The applicant shall make any on-site and downstream improvements,
required by the City, to support the proposed development.
77. 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.
78. Local residential and private streets must be designed to have at least one
dry travel lane available during a ten (10) year frequency storm. Collector streets must
be designed to have a minimum of one dry travel lane in each direction available during
a ten (10) year frequency storm.
79. 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.
80. The hydraulic grade line within any catch basin may not extend higher
than nine (9) inches below the flow line grade elevation at the inlet.
81. 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.
82. All manhole frames and covers shall have a thirty (30) inch minimum
diameter. This includes all access manholes to catch basins, as well as any other storm
drain or NPDES structure.
83. The Q50 storm occurrence must be contained within the street right-of-
way.
.84. The maximum velocity in any storm drain system may not exceed twenty
(20) feet per second.
85. 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.
86. 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.
87. To verify that the Reinforced Concrete Pipe (RCP) specified on the
improvement plan is correct, the RCP delivered to project site must have the D-LOAD
specified on the RCP.
Me
Ordinance No. 421
Page 20
88. The grading plan must show distinctive lines of inundation delineating the
one-hundred (100) year flood level.
89. 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.
90. 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.
91. 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.
92. 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.
93. 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:
Adequate protection from a one-hundred (100) year frequency storm;
Feasible access during a fifty (50) year frequency storm.
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 Public Works
Director. Development projects within a one hundred (100) year flood zone may
require a Conditional Letter of Map Revisions (CLOMR) and Letter of Map Revision
(LOMB) as determined by the City Engineer and Public Works Director.
94. The storm drain system must be designed with easements of adequate
width for future maintenance and reconstruction of facilities, particularly facilities deeper
than eight (8) feet. In addition, all facilities must have all-weather vehicular access.
95. 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.
50
Ordinance No. 421
Page 21
96. 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.
97. 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.
98. 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.
99. 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, 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.
100. 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 51
Ordinance No. 421
Page 22
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.
101. 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
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:
52
Ordinance No. 421
Page 23
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.
102. 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 grading plans shall contain the Waste
Discharge Identification number for the project.
103. 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.
104. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal
Code and any provision amendatory and supplementary thereto.
105. Development must comply with the most recently adopted City of
Moorpark Landscape Design Standards and Guidelines, including compliance with the
prohibited plants list.
17.76.060 Fees.
1. 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 53
Ordinance No. 421
Page 24
service fees. This payment must be made within sixty (60) calendar days after the
approval of this entitlement.
2. 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.
3. Capital Improvements and Facilities, and Processing: Prior to the issuance
of any Zoning Clearance for a building permit, 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.
4. Parks: Prior to the issuance of a Zoning Clearance for a building permit,
the applicant shall submit to the Parks, Recreation and Community Services
Department fees in accordance with City ordinances and resolutions.
5. Fire Protection Facilities: Prior to the issuance of a Zoning Clearance for a
building permit, current Fire Protection Facilities Fees must be paid to the Building and
Safety Division in accordance with the City Council adopted Fire Protection Facilities
Fee requirements in effect at the time of building permit application.
6. Library Facilities: Prior to the issuance of a Zoning Clearance for a
building permit, the Library Facilities Fee must be paid to the Building and Safety
Division in accordance with the City Council adopted Library Facilities Fee requirements
in effect at the time of building permit application.
7. Police Facilities: Prior to the issuance of a Zoning Clearance for a building
permit, the Police Facilities Fee must be paid to the Building and Safety Division in
accordance with the City Council adopted Police Facilities Fee requirements in effect at
the time of building permit application.
8. Traffic Systems Management: Prior to the issuance of a Zoning
Clearance for a 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.
9. Intersection Improvements: Prior to the issuance of the first Zoning
Clearance for a building permit, the applicant shall submit to the Community
Development Department a fair-share contribution for intersection improvements
relating to the project. The amount of fair-share participation will be to the satisfaction of
the City Engineer and Public Works Director based on the traffic report prepared for the
project and the extent of the impact to these intersections.
10. Citywide Traffic: Prior to the issuance of a Zoning Clearance for a 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
54
Ordinance No. 421
Page 25
projects, based upon the effective date of approval of the entitlement consistent with
adopted City policy for calculating such fee.
11 . Area of Contribution: Prior to the issuance of a Zoning Clearance for a
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 the City Council adopted AOC fee requirements in
effect at the time of building permit application.
12. Street Lighting Energy Costs: Prior to the issuance of a Zoning Clearance
for a building permit, 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.
13. Schools: Prior to the issuance of a Zoning Clearance for a building permit,
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.
14. Art in Public Places: Prior to the issuance of a Zoning Clearance for a
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.
15. 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.
16. Crossing Guard: Prior to the issuance of Zoning Clearance for a building
permit, 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.
17. Storm Drain Discharge Maintenance Fee: Prior to the issuance of a
Zoning Clearance for a building permit, the applicant shall pay to the Community
Development Department the citywide Storm Drain Discharge Maintenance Fee in
accordance with the City Council adopted Storm Drain Discharge Maintenance Fee
requirements in effect at the time of building permit application. 55
Ordinance No. 421
Page 26
18. County Traffic Impact Mitigation Fee: Prior to the issuance of a Zoning
Clearance for a building permit, the County Traffic Impact Mitigation Fee must be paid in
accordance with County adopted fee requirements in effect at the time of building permit
application.
-end
56
ORDINANCE NO. 422
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING ZONE CHANGE NO. 2013-01,
TO REZONE THE FOLLOWING THREE SITES TO
RESIDENTIAL PLANNED DEVELOPMENT 20 UNITS TO
THE ACRE (RPD20U-N-D) ZONE: (1) A 23.44 ACRE SITE
(LOCATED WITHIN THE SOUTHEASTERN PORTION OF
SPECIFIC PLAN 1, HITCH RANCH SPECIFIC PLAN
PROPERTY), (2) A 1.36 ACRE SITE (LOCATED AT THE
SOUTHEAST CORNER OF MOORPARK AVENUE AND
EVERETT STREET), AND (3) A 1.34 ACRE SITE
(LOCATED AT THE SOUTHEASTERN END OF MAJESTIC
COURT), ON THE APPLICATION OF THE CITY OF
MOORPARK.
WHEREAS, at its meeting of July 17, 2013, the City Council adopted Resolution
No. 2013-3204 directing the Planning Commission to consider a General Plan
Amendment, a Downtown Specific Plan Amendment, a Zone Change of at least 25.8
total acres of land to Residential Planned Development (RPD) — 20U, and amendments
to Title 17 (Zoning) of the Moorpark Municipal Code regarding development of a RPD-
20U zone, to allow development of 20 units per acre, at various locations throughout the
city, on the application of the City of Moorpark, to ensure compliance with the adopted
Housing Element, consistent with State law, the City's General Plan and other
provisions of the City's Zoning Ordinance; and
WHEREAS, on August 27, 2013, the Planning Commission adopted Resolution
No. PC-2013-586 recommending approval to the City Council of Zone Change No.
2013-01, for a change of zone of the following three sites to Residential Planned
Development 20 units to the acre (RPD20U-N-D) zone: (1) a 23.44 acre site (located
within the southeastern portion of Specific Plan 1, Hitch Ranch Specific Plan property),
(2) a 1.36 acre site (located at the southeast corner of Moorpark Avenue and Everett
Street), and (3) a 1.34 acre site (located at the southeastern end of Majestic Court); and
WHEREAS, at a duly noticed public hearing on September 4, 2013, the City
Council considered the agenda report for Zone Change No. 2013-01 and any
supplements thereto and written public comments; opened and closed the public
hearing and took and considered public testimony both for and against the proposal and
reached a decision on this matter; and
WHEREAS, General Plan Amendment No. 2013-01 and Amendment No. 2 to the
Downtown Specific Plan were adopted for this project, changing the planned land use to
Very High Density Residential (VH); and
WHEREAS, the City Council has read, reviewed, considered and adopted a
Negative Declaration prepared for the project referenced above.
57
Ordinance No. 422
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Zone Change No. 2013-01 is consistent with the General Plan
as amended by General Plan Amendment No. 2013-01 and Amendment No. 2 to the
Downtown Specific Plan.
SECTION 2. The Zoning Map described and referenced in Chapter 17.12 of
Title 17, Zoning, of the Municipal Code of the City of Moorpark is hereby amended as
shown in Exhibit "A" attached hereto.
SECTION 3. If any section, subsection, sentence, clause, phrase, part or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council declares that it would have adopted this
Ordinance and each section,-subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses,
phrases, parts or portions be declared invalid or unconstitutional.
SECTION 4. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 5. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a minute of the passage and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted; and shall publish notice of adoption in
the manner required by law.
PASSED AND ADOPTED this 11th day of September, 2013.
Janice Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit A: Zone Change Map—Zone Change No. 2013-01
58
EMSTING DESIGNATION: DESIGNATIONS: CO,AND '
SITE 23.44ac 1 : I 1 SITE: 1.36ac
Moll
IN
IN
JLLBUI
IL
MEN ■ ■ � �: ; �J= 1�i1111= �
:� ■■ ■■
0 ME
mmI
��i ■ Z@l C. ? ■ ® ii: iii
CEO _ rnnav�
EXISTING DESIGNATION. I
m