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HomeMy WebLinkAboutAGENDA REPORT 1991 1016 CC REG ITEM 08FM 8. f-', M OOR PARK 799 Moorpark Avenuf N1 f)rpark, California 93021 (805) 529 -6864 MEMORANDUM TO: The Honorable City Counci; FROM: Patrick J. Richards, Di.rt-1:7tor of Common; J ty Development DATE: October 3, 1991 (CC meet_; X19 ,:)f October 16, 1991) SUBJECT: LDM 91 -3, IPD 90 -7 THRL1 13, AND 9 4789 (MOORPARK WEST) 1 -1 THRII -3, AND TR Background On October 2, 1991, the City Councii approved the above captioned projects and directed staff to prepare the resolutions for the Council's review at the October If :,, 1991 City Council meeting. Attached are the draft resolutions 'or the Council's review. Recommendation Approve the attached resolutions for LDM 91 -3, IPD 90 -7 thru -13, and 91 -1 thru -3, and TR 4789. Attachment: Draft resolutions 16= 03:911I2_52p.A_ \S7PR,I.cY' FA.:_ " IAWRAS:,N Jn n, �- .,, — , , 1 CRPA'X CA' 1 -ORNI A City Council eetng of G 199 ACTION: 2 qf- d9 - /o, 9 r-8�1 • By RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING IPD -90 -7 thru 13, AND 91 -1 THRU -3 ON THE APPLICATION OF MOORPARK WEST AND MURRAY SIEGAL (ASSESSOR PARCEL NOS. 511 - 161 -03, 511 - 161 -01, 511 162 -02, 511 - 162 -03, 511- 162 -01, AND 511- 162 -04) Whereas, at a duly noticed public hearing on October 2, 1991, 1991, the City Council considered the application filed by Moorpark West requesting approval of the beb:)w stated Industrial Planned Development Permits: IPD Permit Lot Size Building Size 90 -7 58,930 s,.I. ft. 21,256 sq. ft. 90 -8 20,219 sc.I. ft. 7,704 sq. ft. 90 -9 17,955 sfI. ft.. 6,797 sq. ft. 90 -10 15, 17 1 s(.1. ft. 4,911 sq. ft. 90 -11 29,953 sCI. ft. 13,636 sq. ft. 90 -12 15,173 sc:I . ft. 4,911 sq. ft. 90 -13 29,978 scl. ft. 14,613 sq. ft. 91 -1 19,140 s(:.4. f:t. 7,772 sq. ft. 91 -2 13,831 sq. ft„ 4,971 sq. ft. 91 -3 23,126 s' ;;. ft, 8,815 sq. ft. Whereas, the City Council after review and consideration of the information contained in the staff report, the Mitigated Negative Declaration, the Mitigating Reporting and Monitoring Program and testimony, and has found that the project will not have a significant adverse effect on the environment, and has reached its decision on this matter; and Whereas, at its meeting of October 2, 1991, the City Council opened the public hearing, took testimony from all those wishing to testify and closed the public hea.rinc. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to th«: provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California {beginning at Section 21000 }), the City Council of the City of Moorpark has determined that the Mitigated Negative Declaration and Mitigating Monitoring and Reporting Program prepared for this project >ias been completed in compliance with CEQA and State Guidelines. 7`1,e City Council has received and 10:03:91 14:01pmA :\CCIPD.RES considered the information contained in the Mitigated Negative Declaration prior to acting on the proposed project and has found that this document adequately addresses the environmental effects of the proposed project. SECTION 2. The City Council hereby adopts the findings in the Planning Commission staff report dated August 19, 1991, 1991, and said report is incorporated herein by reference as though fully set forth. SECTION 3. The City Council does hereby find that the aforementioned projects are cons st:ent with the City's General Plan. SECTION 4. That the City Council approves IPD -90 -7 thru 13, and 91 -1 thru -3 on the application of Moorpark West and Murray Siegal subject to compliance with. al'.. of the attached conditions attached hereto as Exhibit A. PASSED, APPROVED, AND ADOPTEE THIS 16TH DAY OF OCTOBER, 1991. Paul W . Lawrason, Jr. City of Moorpark Lillian E. Kellerman City Clerk Attachment: Exhibit A: Conditions of Apprcccval for IPD Nos. 90 -7 thru 13, and 91 -1 thru 3. 10:03:91 14:01PMA:\CCIPD.RES INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90 -7 - 13 APPLICANT: 91 -1 - 3 MOORPARK WEST DATE: August 19, 1991 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS: 1. The permit is granted for the land and project as shown on the submitted plot plans and elevations. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein. 2. The development is subject to all applicable regulations of the M -2 Zone and all agencies of the State, Ventura County, the City of Moorpark and any other governmental entities. 3. That unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than one year after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension f-c): project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the pro'ec,� daring the initial one year period. 4. All facilities and uses m.ther than those specifically requested in the application are prohibited unless a modification application ha bE•en approved by the City of Moorpark. 5. The design, maintenance, and )peration of the permit area and facilities thereon shall comply with all applicable requirements and enactments Df Federal, State, County, and City authorities, and all s�,ch requirements and enactments shall, by reference, become :onditioms of this permit. 6. No conditions of this entitLement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where mare than one set of rules apply, the stricter ones shall take precedence. 7. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions cr. .mitat. -ons set forth. EXHIBI A INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90 -7 - 13 APPLICANT: 91 -1 - 3 MOORPARK WEST DATE: August 19, 1991 8. That the applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of: its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The city will promptly notify the subdivider of any such claim, action or proceeding, and, if the city should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The city may, within its unlimited discretion, participate in the defense of any such claim action or proceeding if both of the following occur: The city bears its own attarr�ey :fees and costs; The city defends the claim, actic.>n or proceeding in good faith. The applicant shall not be _required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a zone clearance is :issued with respect to the Industrial Planned Development Permits. 9. A sign permit is required for all on --site signs to be approved by the Director of Community Development. 10. Prior to the submission of construction plan for plan check or initiation of any constructi(. -)n activity, a Zoning Clearance shall be obtained from the Community Development Department. The applicant may submit construction drawings to Building and Safety for Plan Check prioi to the issuance of a Zoning Clearance if the applicant de ivers to the City an acceptable Hold Harmless Letter. 11. Prior to initial tenant occupancy and any subsequent change in tenant occupancy, the owner ,)f the subject building, or the owner's representative shall apply for a Zoning Clearance from the Community Development Department. INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90 -7 - 13 APPLICANT: 91 -1 - 3 MOORPARK WEST DATE: August 19, 1991 12. The Director of Community Development, or his designee, shall have the authority to conditionally approve or deny a Zoning Clearance request for tenant occupancy consistent with Article 45 of the Zoning Code. The cast of the Zoning Clearance shall be borne by the applicant fc.:r- tenant occupancy. 13. If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall filt,� a project description prior to the initiation of the use A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the M -2 Zone and the terms and conditions of this permit. Said review will be conducted at no charge and an approval let: ter sent, unless a minor or major modification to the Planned Development is required, in which case all applicable fees and procedures shall apply. 14. The permittee's acceptance of this permit and /or commencement of construction and/ or operations under this permit shall be deemed to be acceptance of a 1. c:ond tions of this permit. 15. This permit shall expire if: tae use for which it is granted is discontinued for a period c:f 180 consecutive days or more as determined by the City. 16. Within two (2) days after approval of the project by the City Council, the applicant shall deposit, one fee in the amount of $1,250 plus a $25.00 filing fee for the following applications which collectively comprise t:he project: Land Division Map No. 91 -1, Tentative Tract Map No . 4789, and Industrial Planned Development Permit Nos. 90 -7 thru 13, 91 -1 thru 3. The fee shall be paid to the County (.A. Ventura for the State required Notice of Determination fi.l f rt t fee in. accordance with Assembly Bill 31.58. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 17. a. Except as provided in condition No. 10 hereof, prior to the issuance of a Zoning Clearance for IPD Nos 90 -10 and 90 -12, and 91 -1 thru -3 TT 4779 shall be recorded. b. Except as provided in cr.�nditiorn No. 10 hereof, prior to the issuance of a Zoning ".'learance for IPD 90 -7, LDM 91 -3 shall be recorded. INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90 -7 - 13 APPLICANT: 91 -1 - 3 MOORPARK WEST DATE: August 19, 1991 18. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by these Conditions and present such statement to the Department of Community Development. 19. The final construction working drawings shall be submitted to the Director of Community Development for review. 20. Complete landscape plans (2- sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura. Guide to Landscape Plans and in compliance with the City of Moorpark C:ardinance No. 74, and shall be submitted to and approved by the Director of Community Development. The finai andscape plans shall be in substantial conformance with the conceptual landscape plan submitted with the applicatso,,i. The applicant shall bear the total cost of the landscape plan review and final installation inspection. The landscaping and planting plan submitted for review and approval shall. he accompanied by a deposit as specified by the City of Mc:,orpark.. Additional funds may subsequently need to be depos,.te(:i to cover all landscape plan check and inspection fees. Al 1. i,indscaping and planting shall be accomplished and approved by the Director of Community Development, or his designee, prior to the approval of occupancy. The project _e�ndscape plans shall include the following: a. A 50 percent shade coverage shall be provided within all parking areas. Shade coverage is described as the maximum mid -day shaded area defilried by a selected specimen tree at 50 percent maturity b. Any turf plantings assoc...ated with this project shall be drought tolerant, low water using variety. C. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a se, =itec dr Iver from another moving vehicle or pedestrian. d. Plantings in and adjacent to parking areas shall be contained within raised :)lanter-s surrounded by six -inch high concrete curbs. ,+ INDUSTRIAL PLANNED DEVELOPMENT PEF7MI`." NOS. 90 -7 - 13 APPLICANT: 91 -1 - 3 MOORPARK WEST DATE: August 19, 1991 e. Landscaping shall be designed so as to not obstruct the view of any exterior doi)r or window from the street. f. Landscaping (trees) shail not be placed directly under any overhead lighting w>,,.ic h could cause a loss of light at ground level. g. Earthen berms shall be pi- ova_ded to screen views of parked vehicles from access r. o -ads . h. Landscaping shall be use i to screen views of any backf low preventers. 21. Roof design and construction shall _include a minimum 18 -inch extension of the parapet wal above the highest point of the roof. 22. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc-) that may extend above any parapet wall shall be enclesed on all four sides by view obscuring material. Prior to the issuance of a zoning clearance, the final design and materials for the roof screen and location of any roof mount..ed equipment must be approved by the Director of Community De °,,elcpment.., 23. All trash disposal areas shal, be provided in a location which will not interfere with circuLat.ion, parking or access to the building, and shall be scref --nec wj.th a six foot high wall enclosure with metal gates.. The final design of the trasui enclosure shall be subject to the issuance of a zoning clearance. Trash areas and recycling bins shall be depicted on the construction plans, the size of which shall be approved t;y the Director of Community Development and the City emp-oyee responsible for recycling and solid waste management. programs 24. Pullover parking (overhangs; shall be limited to 24 inch maximum. No vehicles sha.l.. be allowed to encroach onto walkways or into the regty, -ed ",andscaped setbacks along roadways. 25. A 45 -foot turning radius shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. Prior to issuance of a zoning clearance: the applicant shall provide a site plan which identifies �rl] loading truck turning movements. INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90 -7 - 13 91 -1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 26. All property line walls shall be no .further than one inch from the property line. 27. The building shall be constructed using energy saving devices. These shall include those devices required by the California Administrative Code, Title 24 28. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted ts. the Department of Community Development for review and approval. The lighting plan shall achieve the following objecl::ives: Avoid interferences with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height to avoad excessive illumination; and provide structures which are �ompatjble with the total design of the proposed facility. a. The lighting plan shall include the following: b. A photometric plan showing a paint -by -point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layo,t plan to be based on a ten ( 10 ) foot grid center. c. Maximum overall height c f3_xtu.res shall be sixteen (16) feet. d. Fixtures must possess sharp cut -off qualities with a maximum of one -half foot .candle illumination at property lines. e . There shall be no more than a seven -to -one (7: 1) ratio of level of illumination shown (maximum -to- minimum ratio between lighting standaxis). f. Energy efficient lighting fixtures shall be provided which are compatible wLt­i adjacent properties. g. Average maximum of one - -131f foot candle illumination. h. No light shall be emit�ted above the 90 degree or horizontal plane. No direct light source shall be visible from Spring Roac; INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90 -7 - 13 APPLICANT: 91 -1 - 3 MOORPARK WEST DATE: August 19, 1991 29. A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder of any kind shall be permitted. 30. No downspouts shall be permitted on the exterior of the building. 31. All exterior building materials and paint colors shall be approved by the Director of Community Development to ensure compatibility with adjacent development. Accent stripes shown on the project elevations sha:a..l be an indentation of at least, one-half inch deeper or great er° . 32. No asbestos pipe or construction materials shall be used without prior approval of thi City Council. 33. All utilities are required 10 e underground to the nearest off -site utility pole except through transmission lines. Prior to the issuance of a zoning clearance, the applicant shall submit a plan for review and approval to the Director of Community Development which identifies how compliance with the undergrounding requirement w 1.1 be met. 34. If skylights are proposed, t.hE- specific type and model must be approved by the Director of 'ommunty Development to ensure that they shall be of an opaque type to minimize evening illumination as viewed from the exterior. 35. In recognition of the need for public street and traffic improvements to meet the demand generated by cumulative development in the City, the applicant shall prior to the issuance of a zoning clearance execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of and be subject to any assessment district or other financing techniques including but not :. i.mited to the payment of traffic mitigation fees, to provide funds for such improvements, should such a mechanism be tabl.isi7ed by the City. 36. The applicant shall contribute to the City of Moorpark an amount of $.25 per square fc,ah of gross floor area to support the City's current and futLP -( park tiystem. 37. The applicant shall contribui.. t.D the City of Moorpark's Art in Public Places Fund, an am, sir t r,-)f $10 per each 100, square feet of building area. INDUSTRIAL PLANNED DEVELOPMENT :PERMIT NOS. 90 -7 - 13 APPLICANT: 91 -1 - 3 MOORPARK WEST DATE: August 19, 1991 38. Prior to issuance of a zoning clearance, the permittee shall make a contribution to the Moorpark Traffic Systems Management Fund of $.15 per square foot of floor area to fund Traffic System Management programs as a mitigation measure to fully mitigate air quality impacts so as to fund TSM programs or clean fuel programs as determined by the City. 39. To encourage employees t..) use alternative means of transportation to reduce automobile trips, common area bicycle storage facilities such as bicycle racks or lockers shall be provided. Proposed bicycle storage areas and facilities for the development shall be reviewed and approved by the Director of Community Development pr:, or to the issuance of a zoning clearance. 40. Prior to the issuance of a zoning clearance for tenant occupancy, the proposed use shall be reviewed and approved by the Ventura County Environmental.. Health Department to ensure that the proposal will comply with all State and local regulations related to the storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Department, the appa_acant shall prepare a hazardous waste minimization plan. 41. All roof mounted equipment and other noise generation sources on -site shall be attenuated to 55 dBA at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a Zone Clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acousti.car. en(jineer in accordance with accepted engineering standa:r -cis,. 42. Prior to the issuance of i zoning clearance, a Surety Performance Bond in the amount of $10,000 shall be filed and accepted by the Director of Community Development. The Director of Community Development, may, through a public hearing to be heard before the City Council recommend that any or all of the funds in the Performance Bond be forfeited for noncompliance of the Condit_i.orls of Approval or for some other just cause. This condition 331 °a11 automatically be superseded INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90 -7 - 13 91 -1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 by a related resolution oi:: ordinance regarding condition compliance for entitlement: approvals adopted by the City Council. 43. The applicant, permittee, of successors in interest, shall submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review. The applicant shall pay all outstanding case processing (planning and Engineering), and all City legal service fees prior to issuance of a Zoning Clearance, or recordation of LDM 91 -6 or Tentative Tract No 4789. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 44. An "Unconditional Will Serve Letter" for water and sewer service will be obtained frc,nn the Ventura County Waterworks District No. 1. 45. The applicant shall pay ail >chool assessment fees levied by the Moorpark Unified School list- rict:. ,. 46. If any archaeological or historical finds are uncovered during excavation operations, the permittee shall assure the preservation of the site; shall obtain the services of a qualified archaeologist to recommend disposition of the site; and shall obtain the Direct: or of Community Development's written concurrence of the recommended disposition before resuming development. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 47. All parking areas shall be si.,.rfaced with asphalt or concrete and shall include adequate Provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas 48. All landscaping and plantinc hall be installed and inspected. 49. At the time water service connection is made for each project, cross connection control dev:_ces shall be installed for the water system in accordance with the requirements of the Ventura. County Environmental. Health Department. 50. No Certificate of Occupanc::1 shall be granted prior to acceptance or completion c- ::_ andscaping or other sight improvements such as perirE_Aer. .calls, including stucco INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90 -7 - 13 91 -1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 treatment, landscaping, fences, slope planting or other landscape improvements not related to grading; private recreational facilities, etc. Said on -site improvements shall be completed within 120 days of issuance of a Certificate of Occupancy. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to t:;he satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full effect for one year after the last occupancy to guarantee that items such as perimeter tract walls (including stucco treatment) , landscaping, fences, slope planting or other landscape improvements not related to grading, private recreational facilities, etc. are maintained. AFTER ISSUANCE OF A CERTIFICATr' O:L? OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE APPLICABLE: 51. No later than ten (10) days after any change of property ownership or change of lessees) or operator(s) of the subject building, there shall be f ileci with the Director of Community Development the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) toget -her with a letter from any such person(s) acknowledging and grElei...nq with all conditions of this permit, 52. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the :-subject. building, or the owners representative shall apply f)r a zoning clearance from the Community Development Department. The purpose of the zoning clearance shall be to determine if the proposed uses(s) are compatible with the zoning a -id terms and conditions of the permit. 53. Prior to occupancy by any tenant or subsequent owner whose business would employ or dispose of hazardous materials, a Major Modification approval FrIall be required. 54. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required ,a remedy any defects in ground maintenance, as indicated b•y the Code Enforcement Officer within thirty ( 5 ) days after zo­_ if ication . 55. The striping for parking spaces and loading bays shall be maintained so that it remain: clearly visible. INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90 -7 - 13 91 -1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 56. Prior to occupancy by any tenant or subsequent owner whose business would employ or dispose of hazardous materials, a Major Modification approval shall be required. 57. No outside storage of any materials or overnight parking of any semi - trucks or any other vehicle shall occur outside of the industrial building with the exception of within the loading zones. 58. Loading and unloading operations shall not be conducted between the hours of 10:00 p m, and 6:00 a.m. 59. No noxious odors shall be jenerated from any use on the subject site. 60. All uses and activities shall be conducted inside the buildings unless otherwise authorized by the Director of Community Development. 61. The applicant and his successors, heirs, and assigns shall remove any graffiti within; five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. CITY ENGINEER CONDITIONS PRIOR TO ZONE CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 62, a. The applicant shall submit to the City for review and approval, a grading plan prepared by a registered civil engineer; shall obtain a grading permit; and shall post sufficient surety guaraTIteeing completion. Cut or fill slopes shall be no steeper than 2:1 (horizontal: vertical) . 'ontour grading of all slopes shall be provided to thel satisfaction of the Director of Community Development a i d the City Engineer. b. An erosion control plan shall be submitted for review and approval if grading is to occur between October 15th and April 15th. Along wits, the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of comp:lk tion of grading. C. All haul routes shall bE; approved by the City Engineer. On -site haul routes shI1' be limited to graded areas only. INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90 -7 - 13 APPLICANT: 91 -1 - 3 MOORPARK WEST DATE: August 19, 1991 63. a. The applicant shall submit to the City for review and approval, a detailed soils and geotechnical report prepared by both a civil engineer and a geotechnical engineer registered in the State of California. The report shall include a geotechnical investigation with regard to liquefaction expansive soils, and seismic safety. The grading; plan shall incorporate the recommendations of the ipproved soils report. b. Review of the soils and ,jeotechnical report by the City's geotechnical consultant. may be required by the City Engineer. If so, the applicant. shall reimburse the City for all costs including the City's administrative costs. 64. a. The applicant shall submit tc the City for review and approval, street improvement plans prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements; and shall Post sufficient surety guaranteeing the construction of the improvements. Any necessary right -of -way required to complete the improvements will be acquired by the applicant at their expei,se b. The improvements shall _nclude concrete curb and gutter, sidewalk, street lights, striping and signing, paving, and any necessary trans.�t:ions *o the satisfaction of the City Engineer. C. The applicable Ventura C :�un'.y Read Standard Plates are as follows: 1. The proposed unnamed cul -de -sac shall be per Plate B3 -D, modified tc c0 foot right -of -way with no sidewalks. 2. "A" Court shall be per Plate B3 -D, modified to a 50 foot right -of -way �,ith :no sidewalks. 65. The applicant shall demonstrate to the satisfaction of the City Engineer that each builc:iing pad has adequate protection from a 100 -year storm and 5 asibie access during a 10 -year storm. 66. The applicant shall submit tc the City for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a registered civil engineer; shall enter into an agreement a th the City to complete the INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90 -7 - 13 91 -1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate .he fo -'.lowing conditions before and after development: Quantities of water, water f�ow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps ano drainage courses. Hydrology shall be current %,"e �tura County Standards except as follows: a. all catch basins in sump locat :ions shall be designed for a 50- year storm; b. all catch basins on continuou3 grades shall be designed for a 10 -year storm; C. all catch basins in a sump c.)ndition shall be designed such that the depth of water at irnt ake shall equal the depth of the approach flows; d. all culverts shall be design(­) for a 100 -year storm; e. for a 10 -year storm, all collector streets shall be provided with a minimum of one trave, lane with a goal that local, residential streets shall havk one travel lane available where possible. f. Drainage to adjacent parse -s shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm w3.ter flows shall be provided by the applicant. 67. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City Engineer. 68. The applicant shall indicate n writing to the City Engineer, the deposition of any water well or any other well that may exist within the project. I':' any wells are proposed to be abandoned, or if they have been abandoned and have not been properly sealed, they must l.t_s destroyed per Ventura County Ordinance No. 2372 and any ap'l;licable Division of Oil and Gas requirements. 69. The applicant shall post :sufficient surety guaranteeing completion of all. improvemert which revert to the City (i.e. 73 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90 -7 - 13 APPLICANT: 91 -1 - 3 MOORPARK WEST DATE: August 19, 1991 landscaping, parks, fencing, etc.) or which require removal (i.e. model homes, temporary debris basins, etc.). DURING CONSTRUCTION, THE FOLLOWING; CONDITIONS SHALL COMPLY: 70. That prior to any work beinc: conducted within the State or City right -of -way, the applic:: -int shall. obtain an Encroachment Permit from the appropriate iency. 71. If any hazardous waste is encountered during the construction of this project, all work sha: 1. be immediately stopped and the Ventura County Environmenta. Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall :ye notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. Contaminated or hazardous soil as defined by Department of Health Services may not be used for on -site soil fill or roadway subgrade .ir -Less the Department of Health Services determines in wri..t :: _, :,.g that said material has been treated to a level that is rio longer considered a public health risk or requires publ.i disclosure by the Department of Real Estate. Any contamina?rd or hazardous soil shall be removed to an approved landf 1,. 72. Where roads requiring 4 or me built, the applicant shall section minus 1 -inch of pay.i all utility cuts or trenching cap of asphalt shall be plac°c is completed. e inches of pavement are to be :,,onstruct the required street g as an interim condition until :ire completed. The final 1 -inch after all necessary trenching 73. If necessary, the applicant shall obtain a Ventura County Flood Control District Water( -urse Encroachment Permit. 74. The applicant shall const:,uct all necessary drainage facilities, including brow citch and slope bench drainage channels, with a permanent earth tone color so as to minimize visual impacts. Said color sh;i ll. be submitted to and approved by the Director of Commun: Deve'_opment as part of the grading plans. 75. An 18" slough wall shall be constructed directly behind the back of the sidewalk where slopes over four feet are adjacent to sidewalk so as to reduce d= �br__s from entering streets. 14 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90 -7 - 13 APPLICANT: 91 -1 - 3 MOORPARK WEST DATE: August 19, 1991 76. No trees with a trunk diameter in excess of four inches shall be trimmed or removed with priori approval of the Director of Community Development. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 77. If the land is in a special. ,,load hazard area, the applicant shall notify all potential b,.yers of this condition. 78. The applicant shall have recorded reciprocal access and utility easements to ensure that all access roads /driveways shown on the site plan w:il, to available for use by all tenants in the industrial laa k PRIOR TO THE ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 79. Sufficient surety guaranteei.ig the public improvements shall be provided. The surety shall remain in place for one year following acceptance by the ity Council. 80. Original "as- built" plans wi.l .. be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "As- Builts" in a series of 22" X 36" mylars made with proper overlaps) with a title block on each sheet. ;ubmiss:ion of "As- Built" plans are required before a final insptc-t.ion will be scheduled. 81. Reproducible centerline t_,_e fteets shall be submitted to the City Engineer's office. 82. The applicant's engineer shall. file for a time extension with the City Engineer's office a, least six weeks in advance of expiration of the agreement tc construct subdivision improvements. The fees required wilLl be in conformance with the applicable ordinance seciicr., MOORPARK POLICE DEPARTMENT CONDITIONS PRIOR TO THE ISSUANCE OF A 0(`!!'UPANCY PERMIT, THE FOLLOWING CONDITIONS SHALL BE MET: 83. Lighting devices shall be Yi.gh enough so as to eliminate anyone on the ground from tmperinq with them. All parking INDUSTRIAL PLANNED DEVELOPMENT PEN2MIT NOS. 90 -7 - 13 91 -1 - 3 APPLICANT: MOORPARK WEST DATE: August 19, 1991 areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum of one -half foot candle of light and shall be designed to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be pri�tected by weather and breakage - resistant covers. 84. Landscaping shall not cover my exterior door or window. 85. Landscaping at entrances /exit..s or at any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vohi_cle or pedestrian. 86. Landscaping (trees) shall nct be placed directly under any overhead lighting which could cause a loss of light at ground level. 87. All entrance /exit driveways hall be a minimum of 30 feet in width. 88. All exterior doors shall be constructed of solid wood core, a minimum of 1 and three quarters inches thick, or of metal construction. Front glass doers commonly used for entry are acceptable but should be vis.bl.e- to the street. 89. Doors utilizing a cylinder .Lc,ck shall have a minimum five ( 5 ) pintumbler operation with the Locking bar or bolt extending into the receiving guide a minimum of 1 -inch deadbolt. 90. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high wa ls, etr,. 91. If an alarm system is used, i.. shall. be wired to all exterior doors and windows and to any i ::)of vents or other roof openings where access may be made. 92. Address shall be clearly visible to approaching emergency vehicles and mounted against i contrasting color. The numbers shall be a minimum of 6 inches, in height and illuminated during the hours of darkness 93. Front door entrances shall b+ visible from the street. DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY: 94. A licensed security guars is recommended during the construction phase, or a 6 - -ff -)( t-_ high chain link fence shall be ;E INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS,. 90 -7 - 13 APPLICANT: 91 -1 - 3 MOORPARK WEST DATE: August 19, 1991 erected around the construct,-on site. 95. Construction equipment, tools, etc., shall be properly secured during non - working hours. COUNTY OF VENTURA ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS PRIOR TO ISSUANCE OF A BUILDING (PERMIT, THE FOLLOWING CONDITION SHALL BE MET: 96. Prior to the issuance of building permits for the construction of any food or beverage faci!..ity, the applicant shall submit complete construction plans, equipment design specifications, finish schedules and other required information to the Community Services of Environmental Health Department for review and approval (see Ventura County Environmental Health Food Establishment Plan Checa Guide?. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 97. That a street width of 25- f:e4-�t for two way traffic with off street parking on both sides shall he provided. 98. That prior to construction, the applicant shall submit two site plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire lanes. The fire lanes shall be posted in accordance witf-o "al:i_fornia Vehicle Code, Section 22500.1 and Article 10 of he Uniform Fire Code prior to Occupancy. 99. That access roads shall be installed with an all weather surface, suitable for access by fire department apparatus. 100. That the access roadway shal_ be extended to within 150 feet of all portions of the exter._or walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable tc the Bureau of Fire Prevention. ( For IPD Nos. 90 -7, -8, -9 or, l..y ) 101. That all drives shall have ii tnimurrt vertical clearance of 13 feet, 6 inches (13,611). 102. That address numbers, a minimum of 6 inches high with the exception of IPD 90 -7 which ;ha.11. have 8" address numbers, ;' 7 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90 -7 - 13 APPLICANT: 91 -1 - 3 MOORPARK WEST DATE: August 19, 1991 shall be installed prior to occupancy, shall be of contrasting color to the background and shall be addressed off of Maureen Lane. IPD shall be addressed off of Maureen Lane. Where structures are setback more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street., the address number(s) shall be posted adjacent to the driveway entrance. 103. That prior to construction, i..he applicant shall submit plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire hydrants. Show existing hydrants on a site plan, within 300 feet of the development. 104. That fire hydrants shall be installed and in service prior to combustible construction anca shall conform to the minimum standards of the Moorpark Water Works Manual. a. Each hydrant shall ne 6 inch wet barrel design and shall have two I -i_nch, and one 2 1/2 inch outlet(s)for IPD Ne-5. 90 , -8, -and one 4 inch wet barrel design and two 2 li 2 inch for IPD Nos. 90 -9, -10, -11, -12, -11 91 -, -2, and -3. b. The required fire i__ow shaLl be achieved at no less than 20 psi residi<i pressure. C. Fire hydrants shal be spaced 300 feet on center, and so located tha' no structure will be farther than 150 feet fr.orn my one hydrant. d. Fire hydrants shat be recessed in from curb face 24 inches at cent( 105. That the minimum fire flow required is determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the I.S.O. for determining _Required Fire Flow. Given the present plans and information, the required fire flow is approximately 3,500 gallons per minute for IPD Nos. 90 -7, -8, -9 and 2,500 gallons per minut�� for IPD Nos. 90- 10, -11, -12, -13, 91 -1, -2, and -3. The applicant shall verify that the water purveyor can provide t'YL(E required volume at the project. 106. The building for IPD 90 -7 sha..l be protected by an automatic sprinkler system and plans stall be submitted, with- payment for plan check, to the .7- it.ura County Bureau of Fire 11� INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90 -7 - 13 APPLICANT: 91 -1 - 3 MOORPARK WEST DATE: August 19, 1991 Prevention for review. h'or all other IPD's, if the building(s) are to protected by an automatic sprinkler system and plans shall be submitted, with payment for plan check, to the Ventura County Bureau of Fire Prevention for review. 107. That trash containers shall be five ( 5 ) feet or more away from openings, combustible walls, combustible roof eaves, unless trash container is protecte(' by an approved fire sprinkler (IPD 90 -7). 108. Than any structure(s) greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #14 (IPD 9n 3, . -9, -1.0, -11, -12, -13, 91 -11 -2, -3). 109. That building plans of all A.E,I, & H occupancies shall be submitted to the Ventura Coun °.y Bureau of Fire Prevention for plan check. 110. That plans for any fire alarm system shall be submitted to the Ventura County Bureau of Fir_c Prevention for plan check. 111. That fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet #10. The placement of extinguishers ha,l he reviewed by the Fire Prevention Bureau. 112. That plans for the installation of automatic fire extinguishing system (such as halon or dry chemical) shall be submitted to the Ventura Cour "y Bureau of Fire Prevention for plan check. 113. That all grass or brush exposed to any structures shall be cleared for a distance of 100 'eet prior to framing, according to the Ventura County Weed ;Al 3tement: Ordinance. 114. That trash containers with an ..nd_Lvidual capacity of 1.5 cubic yards or greater, shall no, be stored within 5 feet of openings, combustible walls, combustible roof eave lines, unless protected by appr^ovf d automatic fire sprinklers. (Uniform Fire Code, Article ) 115. The buildings shall have fit-( sprinklers. 116. That a plan shall be submitted to the Fire District and Sheriff's Department for rev i_( 4 indicating the method in which INDUSTRIAL PLANNED DEVELOPMENT PE'RMI`P NOS. 90 -7 - 13 APPLICANT: 91 -1 - 3 MOORPARK WEST DATE: August 19, 1991 buildings are to be identif.ipsd by address numbers. WATERWORKS DISTRICT NO. 1 CONDITION 117. Applicant for service shall comply with the Ventura County Waterworks District No. 1 "Pules and Regulations" including all provisions of or relating to the existing Industrial Waste Discharge Requirements and stibsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new construction. 20 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING LDM 91 -3 ON rHE APPLICATION OF MOORPARK WEST AND MURRAY SIEGAL (ASSESSOR PAR.CEI NUMBERS 511 - 161 -03 AND 511 -161- 01 Whereas, at a duly noticed public hearing on October 2,1991, the City Council considered the application filed by Moorpark West and Murray Siegal requesting approval of a land division to combine two existing parcels of .4 and 8 acres into one parcel; Whereas, the City Council after review and consideration of the information contained in the staff report, the Mitigated Negative Declaration, the Mitigating Reporting and Monitoring ` Program and testimony, and has Eourad that the project will not have a significant adverse effect on *rye environment, and has reached its decision on this matter; anti Whereas, at its meeting of (,,:tober 2,1991, the City Council opened the public hearing, took t:e.,t.i._mony from all those wishing to testify, closed the public heari n,: ; and NOW, THEREFORE, THE CITY COGJNC CL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to thf.. provisions of the California Environmental Quality Act (Division 1.3 of the Public Resources Code of the State of California {beginning at Section 210001), the City Council of the City of Moorpark has determined that the Mitigated Negative Declaration and Mitigating Monitoring and Reporting Program prepared for this project. has been completed in compliance with CEQA and State Guidelines. The City Council has received and considered the information cont.at.ned in the Mitigated Negative Declaration prior to acting on t.hE, proposed project and has found that this document adequately addresses the environmental effects of the proposed project. SECTION 2. The City Council hereby adopts the findings in the Planning Commission staff report fated August 19, 1991, and said report is incorporated herein t> reference as though fully set forth. SECTION 3. The City Council does hereby find that the aforementioned project is consiste,it with the City's General Plan. SECTION 4. That the City Courcil hereby approves LDM 91 -1 on the application of Moorpark West and Murray Siegal subject to compliance with all of the attached conditions attached hereto as Exhibit A. PASSED, APPROVED, AND ADOPTEI THIS 16TH DAY OF OCTOBER, 1991. Paul W. Lawrason, Jr. City of Moorpark Lillian E. Kellerman City Clerk Attachment: Exhibit A: Conditions of Approva for LDM 91 -3 LAND DIVISION MOORPARK NO: APPLICANT: DATE: DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS 91 -3 Moorpark West August 19, 1991 1. The conditions of approval of this Tentative Parcel Map supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map; and that all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies apply. 2. Recordation of this subdivision shall be deemed to be acceptance by the property (caner of the conditions of this Map. 3. All applicable requirements o t any law or agency of the State, City of Moorpark an any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 4. The developer's recordation o this map and /or commencement of construction as a result of this map shall be deemed to be acceptance of all conditions )f this map by the applicant. 5. That no condition of this ent- dement shall be interpreted as permitting or requiring any ),iolation of law, or any lawful rules or regulations or ordeis of an authorized governmental agency. In instances where mare than one set of rules apply, the stricter ones shall take precedence. 6. That if any of the conditions ()r limitations of this subdivision are held to be Invalid, that holding shall not invalidate the remaining coi cl t Lc�ns )r limitations set forth. 7. The development shall be s,ib,ject to all applicable City regulations regarding the M zone. 8. No zone clearance shall be issued for construction until the final map has been recorded.. Prioi to the issuance of any permit, a zoning clearance shall be obtained from the Department of Community Development and a Building Permit shall be obtained from the Department of Building and Safety after the granting of a zeni_r 2learance. EXHIBIT A LAND DIVISION MOORPARK NO: 91 -3 APPLICANT: Moorpark West DATE: August 19, 1991 9. Prior to approval of a Final Map, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made, 10. The Tentative Parcel Map shall expire three years from the date of its approval. Failure to record a final map with the Ventura County Recorder prior to expiration of the Tentative Map shall terminate all proceedings, and any subdivision of the land shall require the `ilLng and processing of a new Tentative Map. 11. Prior to approval of Final Map, an unconditional availability letter shall be obtained frons the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement t' in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each a:)t in the subdivision. Said agreement shall include language holding the City harmless against damages in the event )f the ultimate lack of adequate sewer service. 12. Prior to recordation all util,.ty lines from the property line shall be placed underground ":.o the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility Dole with the exception of 66 KVA or larger power lines.. 13. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. 14. As of the date of recordation )f Final Parcel Map, the parcels depicted thereon shall meet. -he requirements of the Zoning Ordinance and General Plan app 1.icable to the property when the application was deemed complE=- '::..e. 15. That the subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding .gainst the City or its a ents g , LAND DIVISION MOORPARK NO: APPLICANT: DATE: 91 -3 Moorpark West August 19, 1991 officers or employees to attack, set aside, void, or annul any approval by the City or any, of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The ca.ty wiLl promptly notify the subdivider of any such claim, action or proceeding, and, if the city should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The city may, within its unlimited discretion, participate in the defense of any such claim action or proceeding if both of the following occur: The city bears its own attorTey fees and costs; The city defends the claim ac:tio „i or proceeding in good faith. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. The subdivider's obligations under this condition shall apply regardless of whether a final map or parcel map is ultimately recorded with respect to the subdivision. 16. Within two (2) days after approval. of the project by the City Council, the applicant shall leposit one fee in the amount of $1,250 plus a $25.00 filing fee for the following applications which collectively comprise i.he project: Land Division Map No. 91 -1, Tentative Tract Map No. 4789, and Industrial Planned Development Permit Nos. 9(:) -7 thru 13, 91 -1 thru 3. The fee shall be paid to the County c: Ventura for the State required Notice of Determination fi]. i m fee in accordance with Assembly Bill 3158. 17. Within 45 days after City Council action of the resolution for this project, the City shall Dill the applicant for all case processing fees. No recordation of LDM 91 -3 or TR 4789 shall occur until all fees for case )rocess tng have been paid to the City. 18. Prior to recordation, the applicant: shall deposit with the City of Moorpark a Condit.iox Compliance review fee in the amount of the original filin fee ,Por each of the approved entitlements. LAND DIVISION MOORPARK NO: APPLICANT: DATE: 91 -3 Moorpark West August 19, 1991 CITY ENGINEER DEPARTMENT CONDITIONS PRIOR TO APPROVAL ON FINAL MAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 19. Provide an updated Title Report (No more than 60 days old). IN CONJUNCTION WITH FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 20. The applicant shall dedicate on the Final Map to the City of Moorpark, public service easements as required. 21. The applicant shall delineattt areas subject to flooding as a "Flowage Easement" and then offer the easements for dedication to the City of Moorpark on t.h(,= final map. Lot to lot drainage easements, flood hazard area and secondary drainage easements shall also be delineated car. the map. Assurance shall be provided to the City that t:hE:::yse easements will be adequately maintained by property own -e t o s 3fely convey storm water flows. 22. The applicant shall make an :Irrevocable offer to dedicate on the Final Map to the City the area between the right -of -way and the sight distance lines )f aal intersections. 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 4789 ON THE APPLICATION OF MOORPARK WEST AND MURRAY SIEGAL (ASSESSOR PARCEL NOS. 511- 162 -02 AND 511 - 162 -03) Whereas, at a duly noticed public hearing on October 2, 1991, the City Council considered the application filed by Moorpark West and Murray Siegal requesting approval of a Tentative Tract Map two divide two existing parcels into live parcels which will separate IPD 91 -1 thru 3, IPD -10 and 12 int) individual lots; and Whereas, the City Council afi:er_ review and consideration of the information contained in the staff report, the Mitigated Negative Declaration, the Mitigating Reporting and Monitoring Program and testimony, has found that the project will not have a significant adverse effect on t -ie nN- roriment, and has reached its decision on this matter; and Whereas, at its meeting of October Z, 1991, the City Council opened the public hearing, took testimony from all those wishing to testify, closed the public hearim., and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOW -): SECTION 1. Pursuant to thf provisions of the California Environmental Quality Act (Division- 13 of the Public Resources Code of the State of California {beginning at Section 210001), the City Council of the City of Moorpark has determined that the Mitigated Negative Declaration and Mitigating Monitoring and Reporting Program prepared for this project.h.as been completed in compliance with CEQA and State Guidelines. The City Council has received and considered the information contained in the Mitigated Negative Declaration prior to acting on the proposed project and has found that this document adequately addresses the environmental effects of the proposed project. SECTION 2. The City Council hereby adopts the findings in the Planning Commission staff report.ciated August 19, 1991, and said report is incorporated herein by r_cA-er_ence as though fully set forth. SECTION 3. The City Council does hereby find that the aforementioned project is consist:e :t: with the City's General Plan. SECTION 4. That the City Council approves Tentative Tract Map No. 4789 on the application of Moorpark West and Murray Siegal subject to compliance with all of *he attached conditions attached hereto as Exhibit A. PASSED, APPROVED, AND ADOPTEI THIS 16TH DAY OF OCTOBER, 1991. Paul W. Lawrason, Jr. City of Moorpark Lillian E. Kellerman City Clerk Attachment: Exhibit A - Conditions of Approva for TR 4789 TENTATIVE TRACT MAP NO. 4789 APPLICANT: Moorpark West DATE: August 19, 1991 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS: 1. The conditions of approval of this Tentative Map supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map; and that all provisions of the Subdivision Map Act, City of Moorpark Ordinances and adopted City :)ol.y_cies apply. 2. Recordation of this subdivision shall be deemed to be acceptance by the property (.)caner of the conditions of this Map. A notation which references approved conditions of approval shall be included on the final map in a format acceptable to the Director Cc,mmunity Development. 3. All applicable requirements c:: any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this, entitlement. 4. The developer's recordation c° this Map and /or commencement of construction as a result of his Map shall be deemed to be acceptance of all conditions )f this Map by the applicant. 5. No condition of this entitlement shall be interpreted as permitting or requiring any io -ation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where rn)re than one set of rules apply, the stricter ones shall tak,� Drecedcsnce. 6. If any of the conditions or imitations of this subdivision are held to be invalid, that. olding shall not invalidate the remaining conditions or limi:•3ti:)ns set forth. 7. That the subdivider shall defk�nd, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding jgainst the City or its agents, officers or employees to attar k, set aside, void, or annul any approval by the City or any of it- agencies, departments, commissions, agents, officEl , )r _employees concerning the subdivision, which claim, a(:: -t.i-on or proceeding is brought within the time period prov.dFrd .heref.ore in Government Code Section 66499.37. The ti._ wi�L promptly notify the subdivider of an such cla.iin actioi: or proceeding, and if the city should fail to de (::) ()r ;should fail to cooperate fully in the defense, the suh, l iv dei shall not therea -fter be responsible to defend, indem,t y Ard tc:1d harmless the City or XHIBIT A TENTATIVE TRACT MAP NO. APPLICANT: DATE: its agents, officers and The city may, within it s the defense of any such the following occur: 4789 Moorpark West August 19, 1991 employees pursuant to this condition. unlimited discretion, participate in claim action or proceeding if both of The city bears its own attor -!ey fees and costs; The city defends the claim do tic�n or proceeding in good faith. The subdivider 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 subdivider's obligations under this condition shall apply regardless of whether a zone clearance is issued with respect to whether a final map or parcel map is ']IT imately recorded with respect to the subdivision. 8. The development shall be subject to all applicable regulations of the M -2 zone designation 'or the property. 9. No Zoning Clearance for IPD Nos. 91 -1 thru 3, IPD 90 -10 and - 12 shall be issued for any i.)uilding construction until the Final Map has been recorded. Prior to the issuance of any building permit, a zoning clearance shall be obtained from the Department of Community Development. A Building Permit shall be obtained from the Department of Building and Safety after the granting of a zoning clearance. 10. The Tentative Map shall expire three years from the date of its approval. Failure to rec,.. >rd a Final Map with the Ventura County Recorder prior to expiration of the Tentative Map shall terminate all proceedings, acid any subdivision of the land shall require the filing and processing of a new Tent Map. ative 11. The applicant shall submit a elan for review and approval of the Director of Community Development which identifies how compliance with the util.it:Ei�s undergrounding requirement (Condition No. 16) will be me . 12. Within two (2) days after approval of the project by the City Council, the applicant shall deposit one fee in the amount of $1,250 plus a $25.00 filing fete for the following applications which collectively comprise the project: Land Division Map No. 91 -1, Tentative Tract Map No. 4789, and Industrial Planned Development Permit Nos. 90 - "' ;:hru 13, 91 -1 thru 3. The fee shall be paid to the County ), Ventura for the State required TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4789 Moorpark West August 19, 1991 Notice of Determination filln1fee in accordance with Assembly Bill 3158. PRIOR TO FINAL MAP APPROVAL, THF, FOLLOWING CONDITIONS SHALL BE SATISFIED: 13. All proposed utilities shall be undergrounded to the nearest off -site utility pole. All c::�xisting utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or large power lines. 14. An unconditional availability .letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Si_ibdivis3..on Sewer Agreement in a form satisfactory to the Cit °,j. Said agreement shall permit deferral of unconditional ;uarantoe for sewer and water service until issuance of a. )ui dirig permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate see". «ar sere ice. 15. The subdivider shall obtain a "District Release" from the Calleguas Municipal Water Di trict and Waterwork's District No. 1. Applicant shall be equired to comply with Ventura County Waterwork's Rules and rygul.ations, including payment of all applicable fees. 16. At the time water service conr ection is made, cross connection control devices shall be ins ^ailed :)n the water system in a manner approved by the Connt,; Water ,,,,orks District No. 1. 17. Within 45 days after City Courkcil action of the resolution for this project, the City shall bill the applicant for all case processing .fees. No recordation of 1,DM 91 -3 or TR 4789 shall occur until all fees for case :)rocess ing have been paid to the City. 18. Prior to recordation, the dpplicant shall deposit with the City of Moorpark, a Conditici Compliance Review Fee in the amount of the original fil.ri„ fee for each of the approved entitlements. TENTATIVE TRACT MAP NO. 4789 APPLICANT: Moorpark West DATE: August 19, 1991 CITY ENGINEERING CONDITIONS PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 19a. The applicant shall submit to the City for review and approval, a grading plan for each lot ( IPD 90 -10, 12 & IPD 91- 1, 2, and 3) by a registered civil engineer; shall obtain a grading permit; and shall post_, sufficient surety guaranteeing completion. Cut and fill slopes shall be no steeper than 2:1 ( horizontal to vertical) . Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Eng_ineer., b. An erosion control plan shall be submitted for review and approval if grading is to occi.rr between October 15th and April 15th. Along with the erosior control measures, hydroseeding of all graded slopes shal', be required within 60 days of completion of grading. C. All haul routes shall be app.r-oved by the Director of Public Works. On site haul routes .hall bE_ limited to graded areas only. 20a. The applicant shall submit to the City for review and approval, a detailed soils and geotechnical report prepared by both a civil engineer and a geotechnical engineer registered in the State of California The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic: safety. The grading plan shall incorporate the recommendati(; i,s of the approved soils report. b. Review of the soils and geotechnical report by the City's geotechnical consultant may be required by the City Engineer. If so, the applicant shall rt-imburso the City for all costs including the City's administ•ative costs. 21. The applicant shall demonstr. rte to the satisfaction of the City Engineer that each bui.Ldi..ng pad has adequate protection from a 100 -year storm and fc- isibl.e access during a 10 -year storm. 22. The applicant shall submit to the City for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; shall enter into an agreement w.i.:.,h the City to complete the improvement and shall post s1j'ficient surety guaranteeing the TENTATIVE TRACT MAP N0. 4789 APPLICANT: Moorpark West DATE: August 19, 1991 construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps anci drainage courses. Hydrology shall be per Curren n Ventura County Standards except as follows: a. all catch basins in sump locations shall be designed for a 50 -year storm; b. all catch basins on Continuous grades shall be designed for a 10 -year storm; C. all catch basins in a sump condition shall be designed such that the depth of water at intake shall equal the depth of the approach flows; d. all culverts shall be de�-ryigned for a 10 -year storm; e. drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadw,tys; f. for a 10 -year storm all collector streets shall be provided with a minimum of c:,ne travel lane with a goal that local, residential streets small have one travel lane available where possible. g. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm pater flows shall be provided by the applicant. 23a. Prior to issuance of a gradl.ng permit, the applicant shall submit to the City for review and approval, street improvement plans prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. Any necessary right -of -way required to complete the improvements wil be acquired by the applicant at their expense. b. The improvements shall include concrete curb and gutter, sidewalk, street lights, st.ri; ino anct signing, paving, and any TENTATIVE TRACT MAP NO. 4789 APPLICANT: Moorpark West DATE: August 19, 1991 necessary transitions to he satisfaction of the City Engineer. C. The applicable City standards are as follows: "A" Court shall be per plate B3 -D of the Ventura County Road Standards, modifie,' to a 90 foot right -of -way with no sidewalks. d. Primary access to site will utilize "A" Court with secondary access indicated o� the Tentative Tract Map. e. All geometric improvements shal.., be designed for service trucks and emergency vehicle,, f. Traffic control devices fc:,r vehicles and pedestrians shall ` be designed and installed to ,:,afely move traffic at all access points and intersections as i�qufired by the City Engineer, or approved traffic study. g. Necessary provisions fcr right -of -way for any future roadway shall include adc -(:uate locations for traffic facilities. h. During the grading of roads, soils testing of the road by a qualified soils engineering firm shall be performed to determine appropriate structt;ral sections. 24. Intersection sight distance 1 nes shall be shown on the street improvement plans. 25. The applicant shall demonstrate legal access for each parcel to the satisfaction of the C. *;y Engineer. 26. The applicant shall indicate in writing to the City Engineer, the disposition of any water well or any other well that may exist within the project. 14 any wells are proposed to be abandoned, or if they have been abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372 and any ap�licablc> Division of Oil and Gas requirements. 27. The applicant shall transmit qny certified mail) a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Sabdivision Map Act to each public entity or public utility that:. .s an easement holder of record. Written compliance shall be s._ibmi_tted to the City Engineer. 6 TENTATIVE TRACT MAP NO. APPLICANT: DATE: 4789 Moorpark West August 19, 1991 28. If any of the improvements 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 do all of the following at least 6- days prior to the filing of the final or parcel map for appr)vaJ_ pursuant to government Code Section 66457. a. Notify the City in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for such purposes as proviled in Government Code Section 66462.5; b. Supply the City with i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient o satisfy the requirements of subdivision (e) of Section 1250.31.0 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an appraiser approved by the C:i °y which expresses an opinion as to the current fair marke:!t: value of the interest to be acquired, and (iv) a current. Litigation Guarantee Report; C. Enter into an agreement with the City, guaranteed by such cash deposits or other sec-irity as the City may require, pursuant to which the appl i<_ ant will pay all of the City's cost (including, without l:i_nitation in attorney's fees and overhead expenses) of acqui -1 -ig :3uch an interest in the land. 29. The applicant shall pay all (1nergy costs associated with any new street lighting required i f Tract. 4789 for a period of one year from the initial energi_,Lng of the street lights. 30. If the covenant set forth in this condition has not already been executed and recorded against the property, the applicant shall execute a covenant runri_ng with the land on the behalf of itself and its successors, heirs, and assigns agreeing to participate in the formati,:)r of an assessment district or other financing technique iru:'l.uding, but not limited to, the payment of traffic mitigat- i:rn fees, which the City may implement or adopt, to f.irid public street and traffic improvements directly or ndir-e(tly affected by the development. 31. The applicant shall post :;-efficient surety guaranteeing completion of all improvement,:> which revert to the City (ie. landscaping, parks, fencing, }tc -) :r which require removal (ie. model homes, temporary (J -br. s L,isins, etc.) TENTATIVE TRACT MAP NO. 4789 APPLICANT: Moorpark West DATE: August 19, 1991 32. Public Works improvements ha-ving backfill of pipe shall be in 4 inches fully compacted layers znless otherwise specified by the City Engineer. 33. Soil testing for compaction for all Public Works improvements is to be performed on all i;ipe or conduit placement. The interval of testing shall be -ess than once every four feet of lift and 100 linear feet of ipe or conduit placed. 34. Prior to recordation, the access easements shown on the tentative map shall be reccIrded as nonexclusive easements insuring that all property awners covered within Tract No. 4789 have the right of ingre s and Ogress at all times. IN CONJUNCTION WITH FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 35. The applicant shall offer to iedicate on the Final Map to the City of Moorpark for public ise all right -of -way for public streets as shown on the Fina Map, 36. The applicant shall dedicate :Dn the Final Map to the City of Moorpark, public service eas(�ments As required. 37. The applicant shall delineate "Flowage areas subject to flooding as a Easement" and then offer to the the easements for dedication City of Moorpark on the Final Map. Lot to lot drainage easements, flood hazard ar-ea.s, and secondary drainage easements shall also be del;nea_ted shall be on the map. Assurance provided to the adequately maintained by ('j.t_y -)erty that easements will be pr storm water flows. )wners to safely convey 38. That applicant shall make an the Final rrevocable offer to dedicate on Map to the City tht> and the sight distance lines area between the right -of -way it all intersections. 39. The proposed road name subject to approval by the City Council shall be Atlantic Columbia Court. Such approval shall be coordinated through the City :ngine(?r and Fire Department. VENTURA COUNTY WATERWORKS DISTRICT' NO. _1 GENERAL REQUIREMENT: 40. The applicant for service shal, comply with the Ventura_ County Waterworks District No. 1 "Ru es and Regulations ". F