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AGENDA REPORT 2009 1007 CC REG ITEM 08A
ITEM 8.A. CITY OIL MOORPARK,CALIFORNIA City Council Meeting of MOORPARK CITY COUNCIL , • AGENDA REPORT . TO: Honorable City Council FROM: David A. Bobardt, Planning Director Prepared by Joseph Fiss, Principal Planner DATE: September 21, 2009 (CC Meeting of October 7, 2009) SUBJECT: Consider Conditional Use Permit No. 2008-05 and Industrial Planned Development No. 2008-01, a Request to Construct a New Commercial Fueling Facility Consisting of One (1) Building and Two (2) Canopies on the South Side of Princeton Avenue, East of the SR-118 Freeway Overpass on the Application of Todd Manner (Fiedler Group) for the Moorpark Redevelopment Agency BACKGROUND On August 8, 2008, Todd Manner of the Fiedler Group, submitted an application on behalf of the Moorpark Redevelopment Agency (MRA), the property owner, for Conditional Use Permit No. 2008-05 and Industrial Planned Development No. 2008-01, a request to construct a new commercial fueling facility consisting of one (1) building and two (2) canopies on the south side of Princeton Avenue, just east of the SR-118 freeway overpass. This fueling station would replace the existing Pacific Pride fueling station on High Street, currently owned by the J.E. Clark II Corporation, to allow for future redevelopment. A Disposition and Development Agreement between the J.E. Clark II Corporation and the MRA is also required in association with this project and will be submitted for consideration by the MRA on a future agenda. On August 25, 2009, the Planning Commission adopted Resolution PC-2009-547 by a 4-0 vote, with Commissioner DiCecco absent, recommending approval of the project to the City Council. In their motion to recommend approval of this project, the Planning Commission asked that their specific comments with respect to the permitting process, potential flooding, and underground tanks be conveyed to the City Council. The June 23, 2009 and August 25, 2009 Planning Commission agenda reports and minutes are attached. 1 Honorable City Council October 7, 2009 Page 2 DISCUSSION At the Planning Commission meetings of June 23, 2009 and August 25, 2009, concerns were raised by the public regarding land use and safety. Ms. Tina Romero spoke in opposition to the project, reiterating concerns over pollution, noise, lighting, and traffic accidents that she had previously expressed in correspondence previously sent directly to staff (attached). Mr. Pete Lopez expressed his concerns over safety, future street improvements and flooding and presented a petition opposing construction of a commercial fueling facility (attached). Staff has researched Ventura County records and has found that this property was part of the original Colonia Virginia subdivision in 1928. Houses were first constructed in this subdivision in the 1930's. County zoning maps from the 1960's and 1970's show that it was zoned for residential use during this time. First evidence of its designation for industrial use was in "The Moorpark Plan," a component of the Ventura County Land Use Element of the General Plan, adopted by the County in 1979. Staff was unable to determine whether or not the County re-zoned the property for industrial use to be consistent with the general plan prior to Moorpark's incorporation in 1983. The Moorpark Plan was adopted as the City's first Land Use Element shortly after incorporation, along with the County's zoning for Moorpark. The property has been designated in the Land Use Element for industrial uses since 1979. Moorpark's first City zoning map, adopted in 1988, showed this property as being zoned M-2 (Limited Industrial). The zoning of this property has not changed since that time. As discussed in the August 25, 2009 Planning Commission agenda report, the purpose of the M-2 Limited Industrial zone is to provide suitable areas for the development of a broad range of industrial and quasi-industrial activities of a light manufacturing, processing or fabrication nature, while providing appropriate safeguards for adjoining industrial sites, nearby non-industrial properties, and the surrounding community. Service stations are allowed in the M-2 zone with a Conditional Use Permit (CUP). The CUP allows for the addition of conditions to a use to ensure that it is consistent with the general plan goals and policies and zoning regulations. The M-2 zone permits by right automobile parts and supplies, offices, and a wide variety of manufacturing and assembly uses. Uses requiring a Community Development Director approved Administrative Permit include light automobile repair, automobile or equipment rental, nurseries, restaurants, financial institutions, laboratories, veterinary offices, warehousing, and welding. Uses requiring a CUP in the M-2 zone include car washes, engine rebuilding, transmission repair, steam cleaning, automobile body repair and painting, automobile sales, building supply stores, kennels and catteries, recreational vehicle storage, cement, concrete and plaster product fabrication, distribution and transportation facilities, heavy machinery repair, and self storage warehouses. \\Mor_pri_sery\Department Share\Community Development\DEV PMTS\C U P\2008\2008-05 Fielder Group\Agenda Reports\cc 091007.doc 2 Honorable City Council October 7, 2009 Page 3 The Planning Commission has recommended a number of conditions of approval to ensure compatibility with the adjacent residential neighborhood. These conditions include reducing on-site lighting, adding landscaping, and improving Princeton Avenue all the way to Nogales Avenue. The applicant has expressed concern to staff regarding the timing of removal of the Giant Reed (Arundo Donax) and any other invasive plant species within the property boundaries. The condition, as originally proposed, required the removal of the invasive plants prior to any required dedication. There is a great deal of uncertainty in the timing of obtaining State and Federal permits for work in the Arroyo. Additionally, the City was recently informed that the Ventura County Resource Conservation District (VCRCD) is preparing a program called the Calleguas Creek Watershed Arundo/Tamarisk Removal Program (CCARP). This program is meant to guide stakeholders in implementing non- native invasive plant removal projects, with an emphasis on Arundo and Tamarisk. If this program is adopted, the applicant can apply to use this programmatic permit when it becomes available. Alternatively, the applicant can participate jointly with other Arundo/Tamarisk removal projects, or propose a different process. In light of this new information, staff recommends amending condition of approval No. 24 to read as follows: "Prior to final inspection, the applicant must submit a plan to the satisfaction of the Planning Director for removal of all Giant Reed (Arundo Donax) and any other non- native invasive plant species within the property boundaries. Said plan must include mechanisms for funding, timing, and permitting of said removal, which must occur no later than two years of obtaining necessary permits. Transfer of the floodway portion of the property to Ventura Watershed Protection District would satisfy this condition for that portion of the property." FISCAL IMPACT The action to be considered by the City Council is the approval of the Industrial Planned Development and Conditional Use Permit, which is not a commitment of funds. The property was purchased by the Moorpark Redevelopment Agency in 2007. A Disposition and Development Agreement (DDA) with the MRA will be required for this project. Details on the fiscal impacts of the project will be addressed in the future in the DDA report. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. 2009- , approving Conditional Use Permit 2008-05 and Industrial Planned Development 2008-01. \\Mor_pri_sery\Department Share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler Group\Hgenda Reports\cc 091007.doc 3 Honorable City Council October 7, 2009 Page 4 ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Letter from Ms. Tina Romero 4. Petition to Oppose Construction of Commercial Fueling Facility 5. Project Exhibits: (Large Exhibits Under Separate Cover) 6. Planning Commission Agenda Report from June 23, 2009 7. Planning Commission Minutes from June 23, 2009 (Excerpt) 8. Planning Commission Agenda Report from August 25, 2009 9. Planning Commission Minutes from August 25, 2009 (Excerpt) 10. Draft Resolution No. 2009- , with Conditions of Approval 11. Resolution 2009-2799, Standard Conditions of Approval SACommunity Development\DEV PMTS\C U P\2008\2008-05 Fielder Group\Agenda Reports\cc 091007.doc 4 Al 05S m y'i�+ xy y'ry7 INN - M.� iMl 4 t5 _ ti g sae aka. �Y• Y ' -'� t 3P K `4' _G'-q �rn ty � _,ftlS�� y<' K Q r r " �v-l 7 Pw°� �� �'�`:�� r � . r '• ,_'t � .s,,,.T�•" ,�.�,.=-s�•.x.,_ 4A,,.. rrt�sd.'us,3:�.,�-`�`a,+.u�'�4 l � t ffiW-f M-1 REA ac . e SITE " °, „�° AL- w< M-2 R-1-6 . oarp r ,,, ° t } o , Kip M-1 CPD . , dR 4NR.Ta%":�gtl—.aCk#o AERIAL PHOTOGRAPH CC ATTACHMENT 2 Agenda Item 8A 10107109 RECEIVED July 31, 2009 AUG — 5 2009 Community Development Department CITY OF MOORPARK c/o Joseph Fiss City of Moorpark 799 Moorpark Avenue Moorpark,CA 93021 RE: OPPOSITION TO PROPOSED COMMERICAL FUELING FACILITY Dear Mr. Fiss: Recently, I spoke to you regarding my deep concern and dismay of the proposed commercial fueling facility under consideration on the South side of Princeton Avenue, East of SR 23 connector to 118 Freeway. This letter is to reaffirm my opposition of such mentioned proposal. There are several factors to justify why this applicant should be denied the construction of this facility. • Traffic congestion • Excessive noise from truck traveling to and from the facility 24/7 • Decreased value of property • Increased accidents • Pollution endangerment to the small community • Danger to pedestrians The citizens of our small community are proud of their heritage. Many families settled in the"Colonia" when Moorpark was a nothing but a dirt road. My grandfather,Jose Rodriguez,sold (politely requested) his property to the State for mere dollars for the construction of the massive freeway that hovers over our property--day and night we hear the ongoing traffic. And the view, needless to say, is not an attractive sight! We also endure the noise from the Warehouse facilities on the other side of our property due to warehouse deliveries and rubbish pick-up. And now you want to initiate yet another undesirable"attraction"! Although,we are the"stepchildren"of the City and have been subject to unfavorable delegations in the past, i.e. High School which is"hidden"at the out skirts of our small community next to the so called Community Park,we strive to improve our homes and community. This proposal does not enhance a desirable living community. It only reinforces the continued lack of inconsideration placed upon us. My hope is that you will consider other locations and leave our community at peace with some dignity. Sincerely, Tina Romero 713 Nogales Avenue Moorpark, (Virginia Colony), CA 93021 copy:City Council Members CC ATTACHMENT 3 . t c1 � PIP MY III I W Ra 17 ffiWA0141 or,w .- fir-i �L , . i _ / �/ L:_ _ I I ffFl INFIRM Noma WE alo, Ulm /. '} f �✓/ i. . �. �_.�1:�a�I _ _� I �ice/ Signature • • -Print Name MUM ill Oro �s+.!'.�► . ,. �rev.. �_ . � .�. �� 1. a ilr/W&W. l �' • �,90909050 MWA r_♦ /�%{._��-�� i, it_ Al Print Name.--- � • • Mom PA, i flri� ti/ _lr i TATTMIUMMORW MCI MW Will MMOMM • r / : . i MOM 1. �� i! //i / • MAIN WA r 17 MATAAA W A JA5 Mot , ' �fj F 7 Few" m�wmm�w"M . PAPPElaw MarIfflot& laws IN m"nT. RED LCII BOOM WAN MF FIRMIANIM lMladfiffl - - FAA - g L- G � ' •1 1 . • / NO FA ILA 7,.pdz .� MKP FA If mm, T NO WIN r WE A VAN V/P 401 W-a A P"ml WMFAWA fir,. I� ► /., , MA ur WM w I� "L.I. AM Nita MOVE f 341zml It ® % rME%01 ll�� OpPdSE y+ al= )OR /V -7un' �`r- E15S-T °F sKA3 Coiv&et7ole !D ,r keww�, a1W kA Z kK<F-P, /(fog c 4144q,4,Q�- r- .�OCCJ- G- Qlr7�01M, -mwl-C-J- Olf"Co c7o ro.f S . Pk c Lend 13 PROJECT EXHIBITS LARGE EXHIBITS UNDER SEPARATE COVER (UNDER SEPARATE COVER) COPIES OF THE EXHIBITS ARE AVAILABLE UPON REQUEST OF THE PROJECT PLANNER CC ATTACHMENT 5 14 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director / Prepared by Joseph Fiss, Principal Inner DATE: June 15, 2009 (PC Meeting of 6/23/09) SUBJECT: Consider Conditional Use Permit No. 2008-05 and Industrial Planned Development No. 2008-01, a Request to Construct a New Commercial Fueling Facility Consisting of One (1) Building and Two(2)Canopies on the South Side of Princeton Avenue, East of SR-118 Freeway Overpass on the Application of Todd Manner (Fiedler Group) for the Moorpark Redevelopment Agency BACKGROUND On August 8, 2008, Todd Manner (Fiedler Group) for the Moorpark Redevelopment Agency submitted an application for Conditional Use Permit No. 2008-05 and Industrial Planned Development No. 2008-01, a request to construct a new commercial fueling facility consisting of one (1) building and two (2) canopies on the south side of Princeton Avenue,just east of the SR-118 freeway overpass. The Planning Director has determined that the mass of the canopies proposed at 2,410 square feet along with the proposed building exceed the 2,500 square foot limitation and require a planned development permit instead of an Administrative Permit. This fueling station would replace the existing Pacific Pride fueling station on High Street to allow for future redevelopment of the site. DISCUSSION Project Setting Existing Site Conditions: The entire site is 98,224 square feet in area. Approximately 34,800 square feet of the site is within the Arroyo Simi floodway, and is not buildable. The Arroyo Simi floodway is managed by the Ventura County Watershed Protection District, however, no easement currently exists on the site for flood control purposes. Site design issues related to flood control are discussed in the analysis section below. The irregular shaped site is otherwise relatively flat and is slightly below the grade of Princeton Avenue. CC ATTACHMENT 6 15 Honorable Planning Commission June 23, 2009 Page 2 Previous Applications: No applications have been filed for this site. GENERAL PLAN/ZONING Direction General Plan Zoning Land Use Site 1-2 M-2 Unimproved Medium Industrial Limited Industrial --------- --- --------- ---._._._—).------.....-- - --------s-----)-------------------------.._. Nort h R RE-1 Ac Unimproved Rural High Residential Rural Exclusive South Floodway ,M-2 Unimproved East M R-1-6 Single Family Density Residential) _I Mle Family Residential _ Dwelling Freeway Bridge West Freeway Right-of-Way Freeway Connection Right-of-Way (Unimproved under Brid e General Plan and Zoning Consistency: A commercial fueling facility is consistent with the 1-2 (Medium Industrial) General Plan land use designation and is a conditionally permitted use in the M-2 (Limited Industrial) zoning designation of the site. Project Summary The proposed commercial fueling facility consists of a small office building, one canopy with four (4) gas pumps, one canopy with five (5) gas pumps, a trash enclosure, an equipment enclosure, a generator enclosure, and two (2) underground storage tanks. Proposed Project Architecture/Building Design: The proposed building and canopies are of a contemporary style, and are proposed to be constructed of conventional on-site construction. The main building is proposed to be finished with exterior stucco and includes a clay tile roof. The canopies and accessory structures will also be roofed with clay tile. The structures are designed 'to be architecturally compatible with the adjacent residential uses to the east. The proposed colors are generally neutral earth tones. The roof height for the proposed office building is thirteen (13) feet, six (6) inches. This height is consistent with the height and scale of nearby homes. The proposed canopies are 19 feet in height. This height allows for the clearance of large trucks under the canopies. The height of these structures is below the maximum allowable height of forty (40) feet allowed in the M-2 Zone. \\mor_pri_serv\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler Group\PC Agenda RAnort.doc 16 Honorable Planning Commission June 23, 2009 Page 3 Setbacks: The building and canopies comply with the required front setback of thirty(30)feet. Interior setbacks for commercial buildings adjacent to residential properties are set by the Industrial Planned Development permit. In this case,the applicant is proposing a seven (7) foot setback from the small office building. This proposed setback is appropriate due to the mass of the building, and additionally, the building will provide a buffer between the residence and the gas pumps/canopies. Circulation: Access to and from the site is provided from Princeton Avenue, with one entrance-only driveway and one exit-only driveway. On site circulation has been designed to accommodate the turning radius of large commercial vehicles. Parking: Proposed Use Spaces Spaces Build in (S q. Ft. Required Provided 1 Office Building (400 s.f.) 1 1 2 Cano one pump island) 1 1 3 Canopy three pump islands) 3 3 Total 5 5 As depicted on the above table, the available parking provided meets ordinance requirements of one space per pump island plus 1 space per 300 sq. ft. of office. If necessary, there is sufficient area to accommodate additional parking spaces without redesigning the site. Prior to issuance of a building permit, Building and Safety will review the construction drawings for compliance with Americans with Disabilities Act (ADA) requirements for parking and access. Landscaping: This project proposes on-site parkway landscaping along Princeton Avenue and internal parking lot and boundary landscaping. The applicant has shown conceptual plant types in appropriate areas. Plants that are on the City's invasive plant list will not be approved for this site, given its proximity to the Arroyo Simi. There are several areas on site that are proposed to be paved, but serve no functional purpose to the service station. These areas, generally in the southwest and southeast corners of the site should instead be landscaped with lbw-maintenance plantings and trees. This would provide for additional pervious area on the site, improving drainage and reducing site discharge. This is further discussed in the analysis section below. \\mor_pri_serv\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler Group\PC Agenda RA: t A— 1 7 Honorable Planning Commission June 23, 2009 Page 4 A Mature Tree Report has been prepared for the project. The overall site contains eight (8) trees, two (2) of which are within the development area, and one (1) of which is not large enough to be designated as a mature tree. The two trees within the development area include a Eucalyptus tree and a California Pepper tree. The valuation of these trees is $7,720.00. The Municipal Code requires that, where trees are proposed for removal that are associated with a proposal for urban development, an appraisal of the value of said trees is to be prepared and the resulting value shall be applied to upgrading the size of tree plantings associated with the project. A condition of approval has been added to this effect. Site Improvements and National Pollution Discharge Elimination Standards Requirements NPDES : The City Engineer has conditioned the project to provide for all necessary on-site and off- site storm drain improvements including the imposition of National Pollution Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices Drainage Facilities are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. The applicant has proposed an underground retention basin. The City has typically discouraged this type of system on new development projects due to long-term maintenance concerns. This is discussed further in the analysis section below. Air Quality: According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed project will produce less than the allowable 25 pound threshold of NOX, providing a conclusion that there will be an impact on regional air quality. As is required with all commercial/industrial projects, staff incorporates a standard condition requiring a contribution to the Moorpark Traffic Systems Management Fund to off-set air pollutants, consistent with the 2000 Ventura County Air Quality Assessment Guidelines. ANALYSIS Issues • Staff analysis of the proposed project has identified the following issue for Planning Commission consideration in their recommendation to the City Council: • Floodway, Drainage, and Landscaping The floodway, drainage, and landscaping issues related to this project are interconnected. As mentioned above,the southern portion of the site is within the Arroyo Simi floodway. To ensure continuity of maintenance of this floodway, an irrevocable offer of dedication to the Ventura County Watershed Protection District (VCWPD) in a form to the satisfaction of the \\mor_pri_serv\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler Group\PC Agenda Repot 18 Honorable Planning Commission June 23, 2009 Page 5 City is recommended. The dedication substantially aff ects the shape and size of the area available for development. The remaining developable area of the site is not currently within the 100-year floodplain. Due to the adjacency to the Arroyo Simi, drainage from the site is of concern. The applicant has proposed an underground retention system topped with asphaltic paving. This type of solution is typically used in very large paved areas such as mall parking lots, and in urban infill environments, where there are few options for passive surface solutions. In this case,there are several areas on site that are proposed to be paved, but serve no functional purpose to the service station. These areas, generally in the southwest and southeast corners of the site, -can be redesigned to provide passive water retention for water quality, with landscaping consisting of low-maintenance plantings and trees. This would provide for additional pervious area on the site, improving drainage while clarifying and reducing site discharge. Conditions of approval have been added to the project redesign the drainage and landscaping on site. Findings Planned Development Findings: 1. The site design, including structure location, size,height,setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the general plan, any applicable specific plans, zoning ordinance, and any other applicable regulations in that all applicable standards of these regulations would be met by the proposed development and the design of the buildings; 2. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area in that the proposed uses are compatible with surrounding land uses and the circulation system provides for logical connections with Princeton Avenue; and 3. The proposed use is compatible with existing and permitted uses in the surrounding area in that the zoning anticipates this type of development and it is consistent with criteria specified in applicable City Codes. Conditional Use Permit Findings: 1. The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations in that it furthers Goal 10 of the Land Use Element of the General Plan as follows: "Goal 10: Provide for a variety of industrial uses which are located and designed in a compatible manner with surrounding land uses"; 2. The proposed use is compatible with both existing and permitted land uses in the surrounding area in that the property is properly zoned and the buildings have been designed to minimize any new impacts on the surrounding area ; \\mor pri_serv\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler Group\PC Agenda Re 19 Honorable Planning Commission June 23, 2009 Page 6 3. The proposed use is compatible with the scale, visual character, and design of surrounding properties in that the colors, material and massing of the buildings have been designed to be compatible with the surrounding residential character; 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that the canopies and building have been sited to mitigate impacts on the residential uses to the east; and 5. The proposed use would not be detrimental to the public health, safety, convenience, or welfare in that the canopies and building have been sited to mitigate impacts on the residential uses to the east, the Arroyo Simi, and Princeton Avenue. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: May 29, 2009 Planning Commission Action Deadline: June 29, 2009 City Council Action Deadline: August 28, 2009 Upon agreement by the City and Applicant, one 90-day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Planning Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in Cr=QA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. \\mor_pri_sery\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler Group\PC Agenda P^^^^ +^^ 20 Honorable Planning Commission June 23, 2009 Page 7 Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15332 (Class 32 — Infill Development) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2009- recommending to the City Council conditional approval of Conditional Use Permit 2008-05 and Industrial Planned Development 2008-01. ATTACHMENTS: 1. Location Map . 2. Aerial Photograph 3. Project Exhibits: Under Separate Cover 4. Draft PC Resolution with Conditions of Approval \\mor_pri_serv\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Fietdler Group\PC Agend 21 Minutes of the Planning Commission Moorpark, California Page 5 June 23, 2009 At the request of Chair Hamous, Mr. Geoffrion and Mr. Tapking, applicants, clarified standards and qualifications for applicants. A discussion followed regarding the grade of the driveway up to Charles Street, parking spaces, the finish grade to the sidewalk from the garage parking and how residents are screened. Mr. Geoffrion stated Moorpark residents would be given the first right to apply and would be screened first on a tiered-basis. This project would also have an on-site manger residing on the premises and would inspect the units on an annual basis or following any concerns from residents. In response to Chair Hamous, Mr. Bobardt discussed the property being zoned for multi-family high-density, and if the City is in the process of providing additional parking for the Downtown Specific Plan area. Chair Hamous closed the Public Hearing. Commissioner Di Cecco made some design and site planning suggestions to the applicant, but made those suggestions optional instead of recommending them as conditions of approval. Commissioner Di Cecco suggested relocating the building northerly on the site, to create additional useable rear yard area, relocating the trash enclosure to the west, and including an additional shade structure within the front courtyard. Vice Chair Landis requested it be noted in the record that the applicant said that they were also concerned about parking. MOTION: Chair Hamous moved and Commissioner Di Cecco seconded a motion to approve staff recommendation, including adoption of Resolution No. PC-2009-546. The motion carried by voice vote 3-0, Vice Chair Landis dissenting and Commissioner Bagwell absent. The City Council has final approval authority for this project. D. Consider Conditional Use Permit 2008-05 and Industrial Planned Development 2008-01, a Request to Construct a New Commercial Fueling Facility Consisting of One (1) Building and Two (2) Canopies on the South Side of Princeton Avenue, East of SR 118 Freeway Overpass on the Application of Todd Manner (Fiedler Group) for the Moorpark Redevelopment Agency. Staff Recommendation: 1) Open the public hearing, accept public.testimony and close the public hearing; 2) Adopt Resolution No. PC-2009- recommending to the City Council conditional approval of Conditional Use Permit 2008-05 and Industrial Planned Development 2008-01. Mr. Fiss presented the staff report. CC ATTACHMENT 7 22 Minutes of the Planning Commission Moorpark, California Page 6 June 23 2009 Questions from the Commissioners followed regarding if the office building, canopy and columns are split-face block, and if the islands have an accidental fuel spill shut-off, and discussion regarding the proposed eight foot high block wall. Chair Hamous opened the Public Hearing. Todd Manner, applicant, Fiedler Group, discussed changing the allowable hours of operation from 6:00 a.m. — 10:00 p.m. to a broadening of 24 hours. One of the terms of J.E. Clark II Corporation has with Pacific Pride is to remain open 24 hours a day. He also stated he was available to answer any questions regarding the project. A discussion followed among Commissioners and the applicant regarding how many trucks and traffic the facility would generate. Ned Clark, applicant, Vice President, J.E. Clark II Corporation discussed how the existing facility operates, lighting at the proposed facility and canopy, volume and parking of vehicles, reducing the amount of hardscape, the need to revisit turning radius and adjust the site plan, and the requirement as a franchise of Pacific Pride to remain open 24 hours. Discussion among the Commission and staff resulted in requesting that this item be continued to August 25 and direction for staff to work with the applicant to modify the lighting and hours of operation. The applicant stated they would be open to August 25 and willing to waive time. limits under the Permit Streamlining Act. In response to Chair Hamous, Mr. Bobardt stated correspondence was received from Mr. Robert Lopez in opposition of the project. Mr. Bobardt did not summarize the letter, as it was previously distributed to the Planning Commission. MOTION: Vice Chair Landis moved and Commissioner Di Cecco seconded a motion to continue the agenda item with Public Hearing open to the August 25, 2009 regular Planning Commission meeting. The motion carried by voice vote 4- 0, Commissioner Bagwell absent. The City Council has final approval authority for this project. 9. DISCUSSION ITEMS: A. Consider Scheduling of a Summer Meeting Recess to Coordinate with City Council Recess. Staff Recommendation: Direct staff to post a notice of meeting cancellation for the July 28, 2009 regular meeting. Mr. Bobardt gave the staff report. 23 • MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director . Prepared by Joseph Fiss, Principal Planner DATE: August 17, 2009 (PC Meeting of 8/25/09, Continued from 6/23/09) SUBJECT: Consider Conditional Use Permit No. 2008-05 and Industrial Planned Development No.2008-01, a Request to Construct a New Commercial Fueling Facility Consisting of One (1) Building and Two (2) Canopies on the South Side of Princeton Avenue, East of SR-118 Freeway Overpass on the Application of Todd Manner (Fiedler Group) for the Moorpark Redevelopment Agency BACKGROUND/DISCUSSION On August 8, 2008, Todd Manner .(Fiedler Group) for the Moorpark Redevelopment Agency submitted an application for Conditional Use Permit No. 2008-05 and Industrial Planned Development No. 2008-01, a request to construct a new commercial fueling facility consisting of one (1) building and two (2) canopies on the south side of Princeton Avenue, just east of the SR-118 freeway overpass. The Planning Commission opened the public hearing and took testimony for this case on June 23, 2009. There were several speakers, mostly local neighbors, who expressed concerns about the use itself as well as potential operational, lighting, and traffic impacts the project may have on the adjacent residential neighborhood. The Planning Commission continued the agenda item to its August 25 meeting, with the public hearing open, and directed staff to work with the applicant to investigate solutions to the issues raised at the public hearing. The issues raised at the hearing and proposed solutions are addressed below. CC ATTACHMENT 8 24 Honorable Planning Commission August 25, 2009 Page 2 Use: This site is zoned M-2 for industrial uses. The purpose of the M-2 Limited Industrial zone is to provide suitable areas for the development of a broad range of industrial and quasi- industrial activities of a light manufacturing, processing or fabrication nature, while providing appropriate safeguards for adjoining industrial sites, nearby non-industrial properties, and the surrounding community. Service stations are allowed in the M-2 zone with a Conditional Use Permit (CUP). The CUP allows for the addition of conditions to a use to ensure that it is consistent with the general plan goals and policies and zoning regulations. The M-2 zone permits by right automobile parts and supplies, offices, and a wide variety of manufacturing and assembly uses. Uses requiring a Community Development Director approved Administrative Permit include light automobile repair, automobile or equipment rental, nurseries, restaurants, financial institutions, laboratories, veterinary offices, warehousing, and welding. Uses requiring a CUP in the M-2 zone include car washes, engine rebuilding, transmission repair, steam cleaning, automobile body repair and painting, automobile sales, building supply stores, kennels and catteries, recreational vehicle storage, cement, concrete and plaster product fabrication, distribution and transportation facilities, heavy machinery repair, and self storage warehouses. The proposed service station as conditioned is an appropriate use of the site. The conditions originally proposed, along with additional conditions discussed below, would ensure its consistency with the general plan and zoning. Operational Impacts: Two issues were raised with respect to the facility operation: size of the facility and hours of operation. Size - As proposed, the commercial fueling facility consists of a small office building, a canopy with 4 gas pumps, a canopy with 5 gas pumps, a trash enclosure, an equipment enclosure, a generator enclosure, and 2 underground storage tanks. This station is intended to replace an existing station with 6 pumps on High Street to help facilitate redevelopment of the site. A condition has been added to the recommended conditions that would limit this permit to the same number of pumps and hoses being replaced, and that the station remain a private commercial fueling station, not open to the general public. Hours of Operation — Initially, staff recommended restricted hours of operation from 6:00 a.m. to 10:00 p.m. on Monday through Saturday, and from 7:00 a.m. to 7:00 p.m. on Sunday. At the public hearing, the applicant indicated that their franchise agreement with Pacific Pride requires that the station be opened twenty-four hours. Staff has confirmed this with the Pacific Pride Corporation. Information provided below in the traffic/circulation discussion demonstrates relatively low evening and nighttime use. With the condition that the facility remain a private commercial fueling station, and conditions for landscape buffers, walls and lighting, the station could operate 24 hours a day without being a neighborhood nuisance. \\mor_pri_sery\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler Group\Agenda Reports\PC 090825.doc 25 Honorable Planning Commission August 25, 2009 Page 3 Li htin The-applicant's original lighting plan did not comply with the Zoning Ordinance standards for lighting. This issue is usually addressed in the condition compliance review of a project. Because of the proposed 24-hour operation, staff directed the applicant to revise the lighting plan to comply with the City's lighting ordinance, with sensitivity to the adjacent residential neighborhood. The applicant has presented a plan that reduces lighting levels, incorporates lower height bollards and light poles, and incorporates a lighting system that uses dual.level controls on the canopy lights, such that, when a vehicle is not present, low level lighting is on, and when a vehicle drives up, the lighting level brightens for save fueling operation. This dual-level lighting has been added as a recommended condition of approval. Traffic/Circulation The applicant has estimated their current average daily traffic to be approximately 75 vehicles per day. This number is lower than a long-term average, due to the current economic slowdown. Under more favorable economic conditions, the applicant expects average daily traffic of 225 vehicles per day. The table below, provided by the applicant, shows the breakdown of vehicle types using the existing fueling station, and the time of day that they are using it. Time Frame Quantity&Vehicle Total Vehicles Pctg Total Ideal Traffic Vehicles per Class Day hour vehicles 12am—6 am 10 trucks class A 10 13% 30 5 Gam— 12pm 15 trucks (class A 25 33% 75 12.5 and B) 10 class C cars/pi cku s 12pm —6pm 15 trucks (class A 30 40% 90 15 and B) 15 class C cars/pickups 6pm— 12am 5 trucks (Class A) 10 13% 30 3 5 class C cars/pickups 75/day225/da On November 1, 2006, the City Council adopted Resolution No. 2006-2534, establishing and revising truck routes throughout the City. Princeton Avenue is not.a designated truck route, and therefore trucks are currently prohibited on Princeton Avenue, except for deliveries. The City has consistently interpreted "fueling" as falling within the definition of deliveries. \\mor_pri_serMepariment share\Community Development\DEV PMTS\C U P\20o8\2008-05 Fieldler Group\Agenda Reports\PC 090825_doc 26 Honorable Planning Commission August 25, 2009 Page 4 In order to mitigate traffic and circulation impacts, staff has added a condition of approval restricting vehicles to enter the site from the westernmost driveway, and to exit the site from the easternmost driveway. This will reduce circulation conflicts in the area. Additionally, street improvements will be constructed as part of the project to include improvements to the southwest and southeast corners of Nogales Avenue and Princeton Avenue. STAFF RECOMMENDATION 1. Continue accepting public testimony and close the public hearing. 2. Adopt Resolution No. PC-2009- recommending to the City.Council conditional approval of Conditional Use Permit 2008-05 and Industrial Planned Development 2008-01. ATTACHMENTS: 1. June 23, 2009 Planning Commission Agenda Report 2. Draft PC Resolution with Conditions of Approval \\mor_pd_sery\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler GroupWgenda Reports\PC 090825.doc 27 Minutes of the Planning Commission Moorpark, California Page 3 August 25 2009 MOTION: Vice Chair Landis moved and Commissioner Taillon seconded a motion to continue the agenda item with Public Hearing open to a date uncertain, with direction to staff to readvertise when the item is ready to be brought back to the Planning Commission. The motion carried by voice vote 4-0, Commissioner Di Cecco absent. B. Consider Conditional Use Permit 2008-05 and Industrial Planned Development 2008-01, a Request to Construct a New Commercial Fueling Facility Consisting of One (1) Building and Two (2) Canopies on the South Side of Princeton Avenue. East of SR 118 Freeway Overpass on the Application of Todd Manner (Fiedler Group) for the Moorpark Redevelopment Agency. (Continued from June 23, 2009 Regular Meeting) Staff Recommendation: 1) Continue accepting public testimony and close the public hearing; 2) Adopt Resolution PC-2009-547 recommending to the City Council conditional approval of Conditional Use Permit 2008-05 and Industrial Planned Development 2008-01. Mr. Fiss presented the staff report. Questions from the Commission followed; how many homes are adjacent to the property area, whether this item renoticed, relocation of the existing JE Clark Pacific Pride from High Street to the site, if there have been any complaints with the current operation, landscaping and buffer zone between the site and Arroyo, and the requirement as a franchise of Pacific Pride to remain open 24 hours, traffic during the night and lighting at the site. Chair Hamous opened the Public Hearing. David Moe, applicant representative, Redevelopment Manager, Moorpark Redvelopment Agency, stated he was available to answer any questions from the Planning Commission. A discussion followed among Commissioners and Mr. Moe regarding the current operation of the business and relocation of moving the business, and if there are any issues or concerns from the neighbors with the current business operation. Mr. Moe stated that the applicant, James Clark, would be able to address these items. James Clark, President, J.E. Clark II Corporation, discussed the operation of the card lock business which is mostly off-road and on-road diesel use. A discussion followed among the Commission and Mr. Clark regarding how the business is run, if the business has received any complaints, and if the use being proposed is the same use as the current site on High Street, including the same number of tanks and pumps. CC ATTACHMENT 9 28 Minutes of the Planning Commission Moorpark, California Page 4 August 25 2009 Todd Manner, applicant, Fiedler Group, stated he has modified the site plan to accommodate the comments and issues from the June 23 Planning Commission meeting regarding lighting and landscaping. A discussion followed among the Commission and Mr. Manner about the direction of the lighting and wall fixtures. Tina Arredondo, land owner in Virginia Colony, was opposed to the project and expressed her concerns about pollution, noise, lighting, traffic, accidents that may occur, and property values in Virginia Colony. A discussion followed among Commissioners and Ms. Arredondo about her main concerns regarding the project. Ms. Arredondo stated her main concerns are the noise, traffic and the future of the children. Ms. Arredondo also asked for clarification why an environmental study was not done. Pete Lopez, City resident, was opposed to the project and expressed his concerns regarding safety, the improvements on Princeton Avenue in front of his residence, and that the homes will lose their quality of life. Mr. Lopez also expressed his concerns about the project being located next to a river bed and the flooding that occurred in Virginia Colony in the 1970's. Chair Hamous closed the Public Hearing. A discussion followed among Commissioners and staff regarding if the Watershed Protection District has been approached on this project, what are the conditions that a fueling facility has to accommodate for the 100- year flood or flood plain, who does the applicant get approval from for underground tanks, discussion regarding the EIR process, if this project qualifies for exemption per the California Environmental Act, and when the property was zoned for industrial use. In response to the Commission, Mr. Jim Clark, applicant, J. E. Clark 11, discussed the percentage of the trucks that are currently using Princeton Avenue as their ingress, the percentage of traffic that will be generated, and the percentage of large trucks that would travel on Princeton Avenue as opposed to regular car and truck traffic using the gas station. MOTION: Vice Chair Landis moved and Commissioner Taillon seconded a motion to approve staff recommendation, including adoption of Resolution No. PC-2009-547 with direction to staff to provide the Honorable City Council with specific comments. The motion carried by voice vote 4-0, Commissioner Di Cecco absent. The City Council has final approval authority for this project. 29 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-05 AND INDUSTRIAL PLANNED DEVELOPMENT NO. 2008-01, A REQUEST TO CONSTRUCT A NEW COMMERCIAL FUELING FACILITY CONSISTING OF ONE (1) BUILDING AND TWO (2) CANOPIES, ON THE SOUTH SIDE OF PRINCETON . AVENUE, JUST EAST OF THE SR-118 FREEWAY OVERPASS, ON THE APPLICATION OF TODD MANNER (FIEDLER GROUP) FOR THE MOORPARK REDEVELOPMENT AGENCY WHEREAS, on August 25, 2009, the Planning Commission adopted Resolution No. PC-2009-547, recommending conditional approval of Conditional Use Permit No. 2008-05 and Industrial Planned Development No. 2008-01 on the application of Todd Manner (Fiedler Group) for the Moorpark Redevelopment Agency to construct a new commercial fueling facility consisting of one (1) building and two (2) canopies on the south side of Princeton Avenue, just east of the SR-118 overpass; and WHEREAS, at a duly noticed public hearing held on October 7, 2009, the City Council considered the agenda report and any supplements thereto and any written public comments; opened the public hearing, took and considered public testimony both for and against the proposal, closed the public hearing, and reached a decision on this matter; and WHEREAS, the City Council concurs with the Planning Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15332 as a Class 32 exemption for in-fill development projects. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030: A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the general plan, any applicable specific plans, zoning ordinance, and any other applicable regulations in that all applicable standards of these regulations would be met by the proposed development and the design of the buildings; CC ATTACHMENT 10 30 Resolution No. 2009- Page 2 B. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area in that the proposed uses are compatible with surrounding land uses and the circulation system provides for logical connections with Princeton Avenue; and C. The proposed use is compatible with existing and permitted uses in the surrounding area in that the zoning anticipates this type of development and it is consistent with criteria specified in applicable City Codes. SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff reports, accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations in that it furthers Goal 10 of the Land Use Element of the General Plan as follows: "Goal 10: Provide for a variety of industrial uses which are located and designed in a compatible manner with surrounding land uses"; B. The proposed use is compatible with both existing and permitted land uses in the surrounding area in that the property is properly zoned and the buildings have been designed to minimize any new impacts on the surrounding area ; C. The proposed use is compatible with the scale, visual character, and design of surrounding properties in that the colors, material and massing of the buildings have been designed to be compatible with the surrounding residential character; D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that the canopies and building have been sited to mitigate impacts on the residential uses to the east; and E. The proposed use would not be detrimental to the public health, safety, convenience, or welfare in that the canopies and building have been sited to mitigate impacts on the residential uses to the east, the Arroyo Simi, and Princeton Avenue. \\Mor_pri_sery\Department Share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler Group\Resolutions\cc reso 091007.doc 31 Resolution No. 2009- Page 3 SECTION 3. CITY COUNCIL APPROVAL: The City Council hereby approves Residential Planned Development Permit No. 2009-01, subject to Special and Standard Conditions of Approval attached hereto and incorporated herein as Exhibit A. SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 7th day of October, 2009. Janice S. Parvin, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A— Standard and Special Conditions of Approval \\Mor_pri_sery\Department Share\Community Development\DEV PMTS\C U P\2008\2008-05 Fielder Group\Resolutions\cc reso 091007.doc 32 Resolution No. 2009- Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2008-05 AND INDUSTRIAL PLANNED DEVELOPMENT 2008-01 STANDARD CONDITIONS The applicant shall comply with Standard Conditions of Approval for Planned Development Permits and Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit A and B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS 1. The permittee's acceptance of this permit and/or commencement of construction and/or operations under this permit are deemed to be acceptance of all conditions of this permit. 2. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit 2008-05 And Industrial Planned Development 2008-01, except any modifications as may be required to meet specific Building Code and Zoning Code standards or other conditions stipulated herein. 3. The applicant must provide color and material samples prior to issuance of a Zoning Clearance. Final colors and materials shall be subject to approval of the Planning Director. 4. Prior to occupancy, the applicant shall irrevocably offer to dedicate the street frontage on Princeton Avenue in accordance with the City's ultimate right-of-way improvements for that location to the satisfaction of the Planning Director, Public Works Director/City Engineer, and City Attorney, and be reviewed and accepted by the City Council 5. Prior to issuance of a Zoning Clearance for construction, the applicant must provide additional landscaping and drainage areas in the southeast and southwest corners of the site to the satisfaction of the Planning Director and Public Works Director. 6. As part of the landscape and irrigation plan, the applicant must upgrade the size of tree plantings associated with the project by a valuation equal to or greater than $7,720.00. Such upgrading may be in a combination of increased tree sizes and additional tree plantings and is subject to the review and approval of the Planning Director SACommunity Development\DEV PMTS\C U P\2008\2008-05 Fielder Group\Resolutions\cc reso 091007.doc 33 Resolution No. 2009- Page 5 7. Prior to issuance of a Zoning Clearance for construction, the applicant must irrevocably offer the southern portion of the site within the Arroyo Simi floodway to the Ventura County Watershed Protection District (VCWPD) for flood control purposes in a form to the satisfaction of the Public Works Director/City Engineer and City Attorney. 8. On-site water detention area(s) may not be so deep, or the sides so steep, as to require fencing, as determined by the Planning Director and City Engineer, prior to issuance of a grading permit. Underground stormwater detention is not permitted. 9. All signage must conform to the City's sign requirements and an approved sign program. A monument sign may be constructed consistent with the sign requirements and a sign program as approved by the Planning Director. 10. During construction, perimeter lighting must be installed at a minimum of 150 foot intervals and at height not less than fifteen (15) feet from the ground. The light source used must have a minimum light output of 2,000 lumens, be protected by a vandal resistant cover, and be lighted during the hours of darkness. Construction lighting is subject to review and approval of the Planning Director and Chief of Police. 11. Prior to the commencement of construction, including grading, fencing not less than six (6) feet in height, which is designed to preclude human intrusion, must be installed along the perimeter boundaries of the construction site and shall be secured with chain and Fire District padlocks for emergency vehicle access. Alternatively, a uniformed security guard, licensed pursuant to Chapter 11 of the Business and Professions Code of the State, shall be utilized to continually patrol the construction site during the hours when construction work has ceased. 12. Any exterior maintenance, cleaning, sweeping, landscape work, and refilling of fuel tanks may only be performed between 7:00 a.m. and 7:00 p.m. Monday through Saturday. 13. Final architectural and site plan design and detailing, including parking lot, landscaping and lighting design is subject to review and approval of the Planning Director. 14. The lighting plan must include a system that uses dual level controls on the canopy lights to provide low level lighting when vehicles are not present, to the satisfaction of the Planning Director. 15. Low-reflective glass must be used on all exterior walls of the building, with specific glass materials and locations provided to the satisfaction of the Planning Director. 16. The applicant shall prohibit truck parking or storage overnight in the parking lot area. Limited truck parking, when in association with a permitted use, is allowed, but in no case shall there be overnight parking. \\Mor_pri_sery\Department Share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler Group\Resolutions\cc reso 091007.doc 34 Resolution No. 2009- Page 6 17. Prior to the issuance of a Zoning Clearance, the applicant shall pay the project's pro-rata share of the cost of intersection improvements at Spring Road and High Street/Princeton Avenue and Spring Road and Los Angeles Avenue. The actual contribution (pro-rata share shall be based upon the additional traffic added to the intersection). The applicant's traffic engineer shall provide the City Engineer a "Fair Share Analysis" of the projects added traffic for calculation of the pro-rata ("fair share") amount. 18. In conjunction with the preparation of precise grading and landscape plans, the sight distance shall be reviewed and approved at project access points per City. standards. 19. The applicant shall install stop signs, stop bars, and stop legends at project access points. Signage to limit the ingress of trucks to the westerly driveway and the egress of trucks to the easterly driveway must also be provided. 20. If the use is abandoned in excess of one-hundred and eighty (180) days, the property owner shall be responsible for the removal of the underground tanks and removal of the pumps in accordance with local and state requirements. 21. No more than the same number of fuel pumps and fuel hoses that currently exist at the High Street location are allowed under this permit. 22. The facility must remain a private commercial fueling station and must not be open to the general public. Other uses on the site, such as a convenience store and/or vehicle repair are not permitted under this approval. 23. Signage, striping, and improvements, subject to the review and approval of the Planning Director and Public Works Director/City Engineer, must be provided to restrict vehicle ingress to the westernmost driveway and vehicle egress to the easternmost driveway. 24. Prior to final inspection, the applicant must submit a plan to the satisfaction of the Planning Director for removal of all Giant Reed (Arundo Donax) and any other non-native invasive plant species within the property boundaries. Said plan must include mechanisms for funding, timing, and permitting of said removal, which must occur no later than two years of obtaining necessary permits. Transfer of the floodway portion of the property to Ventura Watershed Protection District would satisfy this condition for that portion of the property. 25. Prior to or concurrently with approval of a Zoning Clearance for construction the applicant shall grant the City public access easements to the Arroyo Simi for future trail and recreational purposes. The exact location of said easements will be subject to the approval of the Planning Director and the City Engineer. Concurrent with the completion of the southerly block fence/wall the applicant shall install a gate in the southern project boundary fence/wall for access to the Arroyo by the public in the event that a trail or recreational facility is installed along the Arroyo. The gate shall be locked until such time as a trail or such facility is installed and access is granted. \\Mor_pri_sery\Department Share\Community Development\DEV PMTS\C U P\2008\2008-05 Fielder Group\Resolutions\cc reso 091007.doc 35 Resolution No. 2009- Page 7 - END - \\Mor_pri_sery\Department Share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler Group\Resolutions\cc reso 091007.doc 36 RESOLUTION NO. 2009-2799 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF . MOORPARK, CALIFORNIA, APPROVING THE USE OF STANDARD CONDITIONS OF APPROVAL FOR ENTITLEMENT PROJECTS WHEREAS, at its meeting of March 18, 2009, the City Council considered standard conditions for entitlement projects within the City of Moorpark, received public testimony, and after receiving oral and written public testimony, reached a decision. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council approves the use of Standard Conditions for entitlement projects as shown in Exhibits A and B attached. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 18th day of March, 2009. ice S. Parvin, Mayor ATTEST: £ o c � q Maureen Benson, Assistant City Clerk 0 Attachments: Exhibit A: Standard Conditions of Approval for Subdivisions and Planned Developments Exhibit B: Standard Conditions of Approval for Conditional Use Permits CC ATTACHMENT 11 37 Resolution No. 2009-2799 Page 2 Exhibit A CITY OF MOORPARK STANDARD CONDITIONS OF APPROVAL FOR SUBDIVISIONS AND PLANNED DEVELOPMENTS A. The following conditions shall be required of all projects unless otherwise noted. GENERAL REQUIREMENTS 1. Within thirty (30) calendar days of approval of this entitlement, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of Agreement/Notice shall include a legal description of the subject property, and have the appropriate notary acknowledgement suitable for recordation. 2. The Final Map must include the final Conditions of Approval and a reference to the adopted City Council resolution in a format acceptable to the Community Development Director. 3. This subdivision expires two (2) years from the date of its approval. The Community Development Director with the City Engineer's concurrence may, at his/her discretion, grant up to one (1) additional one-year extension for map recordation, if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards Map recordation during the initial period of time. The request for extension of this Map must be made in writing, at least thirty calendar (30) days prior to the expiration date of the map and must be accompanied by applicable entitlement processing deposits. 4. This planned development permit expires one (1) year from the date of its approval unless the use has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his/her discretion, grant up to two (2) additional one-year extensions for use inauguration of the development permit, if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards use inauguration during the initial period of time. The request for extension of this planned development permit must be made in writing, at least thirty (30) days prior to the expiration date of the permit and must be accompanied by applicable entitlement processing deposits. 5. The Conditions of Approval of this entitlement and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map and/or plans or on the entitlement application. This 38 Resolution No. 2009-2799 Page 3 language shall be added as a notation to the Final Map and/or to the final plans for the planned development. 6. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 7. Should continued compliance with these Conditions of Approval not be met, the Community Development Director may modify the conditions in accordance with Municipal Code Section 17.44.100 and sections amendatory or supplementary thereto, declare the project to be out of compliance, or the Director may declare, for some other just cause, the project to be a public nuisance. The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.170). 8. All mitigation measures required as part of an approved Mitigation Monitoring Report and Program (MMRP) for this entitlement are hereby adopted and included as requirements of this entitlement. Where conflict or duplication between the MMRP and the Conditions of Approval occurs the Community Development Director shall determine compliance so long as it does not conflict with the California Environmental Quality Act and the more restrictive measure or condition shall apply. 9. If any archeological or historical finds are uncovered during grading or excavation operations, all grading or excavation shall immediately cease in the immediate area and the find must be left untouched. The applicant, in consultation with the ,project paleontologist or archeologist, shall assure the preservation of the site and immediately contact the Community Development Director by phone, in writing by email or hand delivered correspondence informing the Director of the find. In the absence of the Director,-the applicant shall so inform the City Manager. The applicant shall be required to obtain the services of a qualified paleontologist or archeologist, whichever is appropriate to recommend disposition of the site. The paleontologist or archeologist selected must be approved in writing by the Community Development Director. The applicant shall pay for all costs associated with the investigation and disposition of the find. 10. Paleontological Mitigation .Plan: Prior to issuance of a Zoning Clearance for a grading permit, a paleontological mitigation plan outlining procedures for paleontological data recovery must be prepared and submitted to the Community Development Director for review and approval. The development and implementation of this Plan must include consultations with the Applicant's engineering geologist as well as a requirement that the curation of all specimens recovered under any scenario will be through the Los Angeles County Museum of Natural History (LACMNH). All specimens become the property of the City of Moorpark unless the City chooses otherwise. If the City accepts ownership, the curation location may be revised. The monitoring and 39 Resolution No. 2009-2799 Page 4 data recovery should include periodic inspections of excavations to recover exposed fossil materials. The cost of this data recovery is limited to the discovery of a reasonable sample of available material. The interpretation of reasonableness rests with the Community Development Director. 11. The applicant shall defend, indemnify and hold harmless the City and its • agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning this entitlement approval, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other sections of state law as applicable and any provision amendatory or supplementary thereto. The City will promptly notify the applicant of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; 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 condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision or a building permit is issued pursuant to the planned development permit. 12. If any of the conditions or limitations of this approval are held to be invalid, that holding does not invalidate any of the remaining conditions or limitations set forth. 13. All facilities and uses, other than those specifically requested in the application and approval and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. 14. All residential rentals shall comply with Chapter 15.34 Rental Housing Inspection. (This Condition Applies to Residential Projects.) FEES 15. Entitlement Processing: Prior to the approval of any Zoning Clearance for this entitlement the applicant shall submit to the Community Development Department all outstanding entitlement case processing fees, including all 40 Resolution No. 2009-2799 Page 5 applicable City legal service fees. This payment must be made within sixty (60) calendar days after the approval of this entitlement. 16. Condition Compliance: Prior to the issuance of any Zoning Clearance, building permit, grading permit, or advanced grading permit, the applicant shall submit to the Community Development Department the Condition Compliance review deposit. 17. Capital Improvements and Facilities, and Processing: Prior to the issuance of any Zoning Clearance, the applicant shall submit to the Community Development Department, capital improvement, development, and processing fees at the current rate then in effect. Said fees include, but are not limited to building and public improvement plan checks and permits. Unless specifically exempted by City Council, the applicant is subject to all fees imposed by the City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 18. Parks: Prior to issuance of Zoning Clearance for a building permit, the applicant shall submit to the Parks, Recreation and Community Services Department fees in accordance with the Moorpark Municipal Code and to the satisfaction of the Parks, Recreation and Community Services Director. 19. Tree and Landscape: Concurrently with the issuance of a building permit, the Tree and Landscape Fee must be paid to the Building and Safety Division in accordance with City Council adopted Tree and Landscape Fee requirements in effect at the time of building permit application. (This Condition Applies to Commercial and Industrial Projects) 20. Fire Protection Facilities: Concurrently with the issuance of a building permit, current Fire Protection Facilities Fees must be paid to the Building and Safety Division in accordance with City Council adopted Fire Protection Facilities Fee requirements in effect at the time of building permit application. 21. Library Facilities: Concurrently with the issuance of a building permit, the Library Facilities Fee must be paid to the Building and Safety Division in accordance with City Council adopted Library Facilities Fee requirements in effect at the time of building permit application. 22. Police Facilities: Concurrently with the issuance of a building permit, the Police Facilities Fee must be paid to the Building and Safety Division in accordance with City Council adopted Police Facilities Fee requirements in effect at the time of building permit application. 23. Traffic Systems Management: Concurrently with the issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the established Moorpark Traffic Systems Management (TSM) Fee for the approved development consistent with adopted City policy for calculating such fee. 24. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department a fair-share contribution for intersection improvements relating to 41 Resolution No. 2009-2799 Page 6 the project. The amount of fair-share participation will be to the satisfaction of the City Engineer and Public Works Director based on the traffic report prepared for the project and the extent of the impact to these intersections. 25. Citywide Traffic: Concurrently with the issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the Citywide Traffic Fee. The fee shall be calculated per dwelling unit_for residential projects, or by use for commercial and industrial projects, based upon the effective date of approval of the entitlement consistent with adopted City policy for calculating such fee. The fee will be paid at the time of building permit issuance. 26. Area of Contribution: Concurrently with the issuance of a Zoning Clearance for each building permit, the applicant shall pay to the Community Development Department the Area of Contribution (AOC) Fee for the area in which the project is located. The fee shall be paid in accordance with City Council adopted AOC fee requirements in effect at the time of building permit application. 27. Street Lighting Energy Costs: Prior to recordation of Final Map, or issuance of a building permit, whichever occurs first the applicant shall pay to the Community Development Department all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements in an amount satisfactory to the City Engineer and Public Works Director. 28. Schools: Prior to issuance of building permits for each building, the applicant shall provide written proof to the Community Development Department that all legally mandated school impact fees applicable at the time of issuance of a building permit have been paid to the Moorpark Unified School District. 29. Art in Public Places: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall contribute to the Art in Public Places Fund in accordance with Municipal Code Chapter 17.50 and sections amendatory or supplementary thereto. Contribution is to be submitted to the Community Development Department. If the applicant is required to provide a public art project on or off-site in lieu of contributing to the Art in Public Places Fund, the art work must have a value corresponding to, or greater than, the contribution, and must be approved, constructed and maintained for the life of the project in accordance with the applicable provision of the Moorpark Municipal Code. 30. Electronic Conversion: In accordance with City policy, the applicant shall submit to the Community Development Department, City Engineer and Public Works Director and the Building and Safety Division the City's electronic image conversion fee for entitlement/condition compliance documents; Final Map/ engineering improvement plans/permit documents; and building plans/permit documents, respectively. 31. Fish and Game: Within two (2) business days after project approval, the applicant shall submit to the City of Moorpark a check for the filing of the Notice of Determination on the Negative Declaration or Environmental Impact Report 42 Resolution No. 2009-2799 Page 7 and County Administrative Fee, made payable to the County of Ventura, in compliance with Fish and Game Code and County procedures. 32. Crossing Guard: Prior to recordation of Final Map or prior to the issuance of a building permit, whichever occurs first, the applicant shall pay to the Community Development Department an amount to cover the costs associated with a crossing guard for five years at the then current rate, plus the pro-rata cost of direct supervision of the crossing guard location and staffs administrative costs (calculated at fifteen percent (15%) of the above costs). This applies to residential project of ten (10) or more units and commercial project of greater than 5,000 square feet. 33. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall pay to the Community Development Department the citywide Storm Drain Discharge Maintenance Fee in accordance with City Council adopted Storm Drain Discharge Maintenance Fee requirements in effect at the time of building permit application. CABLE TELEVISION (These Conditions Apply to Residential Projects) 34. Prior to commencement of project construction, the applicant shall provide notice of its construction schedule to all persons holding a valid cable television franchise issued by the City of Moorpark (Cable Franchisees) sufficiently in advance of construction to allow the Cable Franchisees to coordinate installation of their equipment and infrastructure with that schedule. The City shall provide the applicant a list of Cable Franchisees upon request. During construction, the applicant shall allow the Cable Franchisees to install any equipment or infrastructure (including conduit, power supplies, and switching equipment) necessary to provide Franchisee's services to all parcels and lots in the Project. 35. In the event the cable television services or their equivalent are provided to the project or individual lots under collective arrangement or any collective means other than a Cable Franchise (including, but not limited to, programming provided over a wireless or satellite system contained within the Project), the Home Owners Association (HOA), property owner association or other applicable entity shall pay monthly to City an access fee of five percent (5%) of gross revenue generated by the provision of those services, or the highest franchise fee required from any City Cable Franchisee, whichever is greater. "Gross revenue" is as defined in Chapter 5.06 of the Moorpark Municipal Code and any successor amendment or supplementary provision thereto. In the event there is no HOA (e.g. in the case of an apartment project), then the property owner shall make the payment. 36. In the event cable television services or their equivalent are provided to the project by any means other than by a City Cable Franchise, the City's government channel shall be available to all units as part of any such service, on the same basis and cost as if the project was served by a City Cable Franchise. 43 Resolution No. 2009-2799 Page 8 AFFORDABLE HOUSING REQUIREMENTS (These Conditions Apply to Residential Projects) 37. Affordable Housing Agreement/Plan: Prior to the preparation of an Affordable Housing Agreement and/or an Affordable Housing Implementation and Resale Restriction Plan, the applicant shall pay to the City the City's cost to prepare the required Plan and Agreement. 38. Prior to or concurrently with the first Final Map approval, the applicant shall enter into an Affordable Housing Agreement and an Affordable Housing Implementation and Resale Restriction Plan. Consistent with the City's General Plan Housing Element, State law and Moorpark redevelopment Agency Implementation Plan, this subdivision is subject to execution of an Affordable Housing Agreement and an Affordable Housing Implementation and Resale Restriction Plan between the City of Moorpark and the applicant. The Affordable Housing Agreement and an Affordable Housing Implementation and Resale Restriction Plan set forth the procedure for meeting an affordable housing requirement of a negotiated percentage of the total number of approved dwelling units for properties outside of a Redevelopment Project Area and negotiated percentage of the total number of approved dwelling units for projects which are in a Redevelopment Project Area. In no case may the percentage of dwelling units restricted for low and very low income units be less than ten percent (10%) for projects outside of the Redevelopment Project Area and no less than fifteen percent (15%) within the Redevelopment Project Area. The Agreement may be part of a Development Agreement. 39. Prior to the preparation of an Affordable Housing Agreement and an Affordable Housing Implementation and Resale Restriction Plan, the applicant shall agree to provide low income and very low income units as specified in the Special Conditions of Approval, included herein, to meet the requirements of California Health and Safety Code 33410 et seq. 40. Prior to the recordation of the first Final Map or where there is no Final Map, prior to the issuance of the first building permit for this project, the applicant and the City shall execute an Affordable Housing Agreement that incorporates a Council approved Affordable Housing Implementation and Resale Restriction Plan consistent with the Conditions of Approval of the project. The initial sales price, location of the affordable units, buyer eligibility, and resale restrictions, respective role of the City and the applicant, and any other item determined necessary by the City shall be set forth in the Plan. B. Please contact the PLANNING DIVISION for compliance with the following conditions: DEVELOPMENT REQUIREMENTS 41. Prior to the issuance of a certificate of occupancy for any building, the applicant shall submit a Master Sign Program to the Community Development Director for review and approval. The Master Sign Program must be designed to provide comprehensive on-site sign arrangement and design consistent with the commercial/industrial center architecture and the City's Sign Ordinance 44 Resolution No. 2009-2799 Page 9 requirements. (This Condition Applies to Commercial/Industrial and Multi- family Residential Projects) 42. For all flat roofed portions of buildings, a minimum eighteen-inch (18") parapet wall above the highest point of the flat roof must be provided on all sides. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 43. Skylights are prohibited unless approved through the Planned Development Permit process or as a Modification to the Planned Development Permit. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 44. The use of highly-reflective glass or highly reflective film applied to glass is not allowed on any structures. Highly-reflective glass is defined as glass having a visible light reflectance (VLR) rating of twenty (20) percent or greater. The use of darkly-tinted glass is only allowed in industrial zones. Darkly-tinted glass is defined as glass with a visible light transmittance (VLT) rating of fifty (50) percent or less. The use of low-emissivity (Low-E) glass is encouraged, but it must meet reflectance and transmittance requirements as noted above. The applicant shall provide a sample of the glass to be used, along with information on the VLR and VLT for review and approval by the Community Development Director prior to the issuance of building permits. 45. Exterior downspouts are not permitted unless designed as an integral part of the overall architecture and approved by the City as part of the planned development permit. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 46. Mechanical equipment for the operation of the building must be ground- mounted and screened to the satisfaction of the Community Development Director. The Community Development Director may approve roof-mounted equipment, in which case, all parts of the roof mounted equipment (such as vents, stacks, blowers, air conditioning equipment, etc.) must be below the lowest parapet on the roof; and must be painted the same color as the roofing material. No piping, roof ladders, vents, exterior drains and scuppers or any other exposed equipment may be visible on the roof. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 47. Roof-mounted equipment and other noise generation sources on-site must be attenuated to 45 decibels (dBA) or to the ambient noise level at the property line measured at the time of the occupancy, whichever is greater. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request the submittal of a noise study for review and approval. The noise study would need to show that the current project attenuates all on-site noise generation sources to the required level or provide recommendations as to how the project could be modified to comply. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. (This Condition Applies to Commercial/industrial Projects) 45 Resolution No. 2009-2799 Page 10 48. Any outdoor ground level equipment, facilities or storage areas including, but not limited to loading docks, trash enclosures, cooling towers, generators, must be architecturally screened from view with masonry wall and/or landscaping as determined by the Community Development Director. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 49. A utility room with common access to house all meters and the roof access ladder must be provided unless an alternative is approved by the Community Development Director.(This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 50. No exterior roof access ladders are permitted. (This Condition Applies to Commercial/industrial and Multi-family Residential Projects) 51. Prior to issuance of a grading permit, the applicant shall provide an Irrevocable Offer of Dedication to the City of an easement for the purpose of providing ingress/egress access, drainage and parking to the adjacent commercial/industrial properties. The City of Moorpark shall not assume any responsibility for the offered property or any improvements to the property until this action has been accepted by the City Council. If accepted by the City of Moorpark, this easement may be fully assignable to the adjacent property owners, as an easement appurtenant for parking, ingress/egress access purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of Dedication and other required pertinent documents required to satisfy the above requirements must be to the satisfaction of the Community Development Director, City Engineer and Public Works Director and the City Attorney. (This Condition Applies to Commercial/Industrial Projects) 52. Parking areas must be developed and maintained in accordance with the requirements of the Moorpark Municipal Code. All parking space and loading bay striping must be maintained so that it remains clearly visible during the life of the development. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 53. Prior to any re-striping of the parking area, a Zoning Clearance is required. All disabled parking spaces and paths of travel must be re-striped and maintained in their original approved locations unless new locations are approved by the Community Development Director. (This Condition Applies to Commercial/industrial and Multi-family Residential Projects) 54. All parking areas must be surfaced with asphalt, concrete, or other surface acceptable to the Community Development Director, City Engineer and Public Works Director, and must include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking, loading and common areas must be maintained at all times to ensure safe access and use by employees, public agencies and service vehicles. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 55. The Building Plans must be in substantial conformance to the plans approved under this entitlement and must specifically include the following: 46 Resolution No. 2009-2799 Page 11 a. Transformers and cross connection water control devices (subject to approval by Ventura County Waterworks District No. 1), screened from street view with a masonry wall and/or landscaping as determined by the Community Development Director. (This Condition Applies to Commercial/industrial and Multi-family Residential Projects) b. Bicycle racks or storage facilities, in quantities as required by the Community Development Director and other City staff and in accordance with the Municipal Code. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) c. Required loading areas with 45-foot turning radii for loading zones consistent with the AASHO WB-50 design vehicle and as required by the Community Development Director, City Engineer and Public Works Director. If drains from the loading area are connected to the sewer system, they are subject to the approval of Ventura County Waterworks District No. 1. (This Condition Applies to Commercial/Industrial Projects) d. Final exterior building materials and paint colors consistent with the approved plans under this permit. Any changes to the building materials and paint colors are subject to the review and approval of the Community Development Director. e. Identification of coating or rust-inhibitive paint for all exterior metal building surfaces to prevent corrosion and release of metal contaminants into the storm drain system. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) f. Trash disposal and recycling areas in locations which will not interfere with circulation, parking or access to the building. Exterior trash areas and recycling bins must use impermeable pavement and be designed to have a cover and so that no other area drains into it. The trash areas and recycling bins must be depicted on the final construction plans, the size of which must be approved by the Community Development Director, City Engineer and Public Works Director and the City's Solid Waste Management staff. When deemed appropriate, drains from the disposal and recycling areas must be connected to the sewer system and subject to the approval of Ventura County Waterworks District No. 1. Review and approval shall be accomplished prior to the issuance of a Zoning Clearance for building permit. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 56. Prior to issuance of a Zoning Clearance for final building permit (occupancy), the applicant shall install U.S. Postal Service approved mailboxes in accordance with the requirements of the local Postmaster and to the satisfaction of the City Engineer and Public Works Director. 57. Any expansion, alteration or change in architectural elements requires prior approval of the Community Development Director. Those changes in architectural elements that the Director determines would visible from abutting street(s) may only be allowed, if, in the judgment of the Community 47 Resolution No. 2009-2799 Page 12 Development Director such change is compatible with the surrounding area. Any approval granted by the Director must be consistent with the approved Design Guidelines (if any) for the planned development and applicable Zoning Code requirements. A Permit Modification application may be required as determined by the Community Development Director. 58. All air conditioning or air exchange equipment must be ground mounted. The equipment may only be located in a side yard in such a manner that it is not within 15-feet of an opening window at ground floor level of any residential structure, and maintains a minimum 5-foot side-yard property line setback. The Director may approve rear yard locations where side yard locations are not possible. (This Condition Applies to Residential Projects) 59. A minimum twenty-foot (20') by twenty-foot (20') clear and unobstructed parking area for two (2) vehicles must be provided in a garage for each dwelling unit less than 2,800 square feet. A minimum twenty-foot (20') deep by thirty-foot (30') wide clear and unobstructed parking area for three (3) vehicles must be provided in a garage for each dwelling unit greater than 2,800 square feet. Single garages must measure a minimum of twelve-foot (12') wide by twenty- foot (20') deep clear and unobstructed area. Steel roll-up garage doors must be provided, unless a higher-quality alternative is approved by the Community Development Director. Garage doors must be a minimum of sixteen feet (16') wide by seven feet (7') high for double doors and nine feet (9') wide by seven feet (7') high for single doors. A minimum twenty-foot (20') long concrete paved driveway must be provided in front of the garage door outside of the street right-of-way. All garages must be provided in accordance with the Parking Ordinance. (This Condition Applies to Single-family Residential Projects) 60. All homes/units must be constructed employing energy saving devices. These devices must include, but not be limited to ultra low flush toilets (to not exceed 1.6 gallons), low water use shower controllers, natural gas fueled stoves, pilotless ovens and ranges, night set back features for thermostats connected to the main space-heating source, kitchen ventilation systems with automatic dampers, hot water solar panel stub-outs, and solar voltaic panel stub-outs. (This Condition Applies to Residential Projects) 61. When required by Title 15 of the Moorpark Municipal Code and any provision amendatory or supplementary thereto, rain gutters and downspout must be provided on all sides of the structure for all structures where there is a directional roof flow. Water must be conveyed to an appropriate drainage system, consistent with NPDES requirements, as determined by the City Engineer and Public Works Director. OPERATIONAL REQUIREMENTS 62. Loading and unloading operations are allowed only between the hours of 6:00 a.m. and 10:00 p.m. unless additional hours are approved by the City Council. More restrictive hours for loading and unloading may be imposed by the Community Development Director if there are noise and other issues that make the loading and unloading incompatible with the adjacent residential uses. 48 Resolution No. 2009-2799 Page 13 There shall be no idling of trucks while loading or unloading. (This Condition Applies to Commercial/Industrial Projects) 63. All uses and activities must be conducted inside the building(s) unless otherwise authorized in writing by the Community Development Director consistent with applicable Zoning Code provisions.(This Condition Applies to Commercial/Industrial Projects) 64. Prior to:the issuance of a Zoning Clearance for any use which requires handling of hazardous or potentially hazardous materials, the applicant shall provide proof that he/she has obtained the necessary permits from Ventura County Environmental Health Division. Should the Community Development Director determine that a compatibility study is required; the applicant shall apply for a Permit Modification to the entitlement. (This Condition Applies to Commercial/Industrial Projects) 65. The applicant agrees not to protest the formation of an underground Utility Assessment District. 66. The continued maintenance of the subject site and facilities is subject to periodic inspection by the City. The Applicant and his/her successors, heirs, and assigns are required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) working days from written notification. (This Condition Applies to Commercial/Industrial and Multi- family Residential Projects) 67. No noxious odors may be generated from any use on the subject site. (This Condition Applies to Commercial/Industrial Projects) 68. The applicant and his/her successors, heirs, and assigns must remove any graffiti within seventy-two (72) hours from written notification by the City of Moorpark. All such graffiti removal must be accomplished to the satisfaction of the Community Development Director. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 69. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. All contractors doing work in Moorpark shall have or obtain a current Business Registration Permit. (This Condition Applies to Commercial/Industrial Projects) 70. Prior to or concurrently with the issuance of a.Zoning Clearance for occupancy of any of the buildings, the applicant shall request that the City Council approve a resolution to enforce California Vehicle Codes (CVC) on the subject property as permitted by the CVC. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 71. Prior to or concurrently with the issuance of a Zoning Clearance for a grading permit, the applicant shall submit the construction phasing plan for approval by the Community Development Director and City Engineer and Public Works Director. Phasing shall avoid, to the extent possible, construction traffic impacts to existing adjacent residential, commercial, industrial areas, schools, parks and other city facilities, if any. 49 Resolution No. 2009-2799 Page 14 72. Prior to issuance of Zoning Clearance for the first building permit, the applicant shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste Management staff and the Community Development Director for review and approval. The Plan must include a designated building manager, who is responsible for initiating on-site waste materials recycling programs, including acquiring storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 73. The building manager or designee shall be required to conduct a routine on-site waste management education program for educating and alerting employees and/or residents to any new developments or requirements for solid waste management. This condition is to be coordinated through the City's Solid Waste Management staff. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 74. No overnight parking, repair operations or maintenance of trucks may occur on site. The property owner may enter into an agreement with the City to allow the City to enter the property when the property owner has properly posted signs restricting the overnight parking, repair or maintenance of truck, to enforce the onsite restrictions and assume the costs of towing the violating vehicles. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS 75. Prior to the issuance of a Zoning Clearance for building permits, the applicant shall submit to the Community Development Director for review and approval, with the required deposit, three full sets of Landscaping and Irrigation Plans prepared by a licensed landscape architect and drawn on a plan that reflects final grading configuration, in conformance with the City of Moorpark Landscape Standards and Guidelines, policies and NPDES requirements; including, but not limited to, all specifications and details and a maintenance plan. Fences and walls must be shown on the Landscape and Irrigation Plans, including connection, at the applicant's expense, of property line walls with existing fences and or walls on any adjacent residential, commercial or industrial properties. The plan must demonstrate proper vehicle sight distances subject to the review of the City Engineer and Public Works Director and in accordance with the Zoning Code, and encompass all required planting areas consistent with these Conditions of Approval. Review by the City's Landscape Architect Consultant and City Engineer and Public Works Director, and approval by the Community Development Director prior to issuance of a Zoning Clearance for building permit, is required. 76. The landscape plan must incorporate specimen size trees and other substantial features subject to the review and approval of the Community Development Director. Prior to the issuance of a grading permit, a tree survey must be prepared to determine the valuation of the mature trees to be removed. Enhanced replacement landscaping of equal or greater value, as determined by the Community Development Director, must be installed in accordance with the current applicable provisions of the Moorpark Municipal Code. 50 Resolution No. 2009-2799 Page 15 77. Prior to or concurrently with the submittal of the Landscaping and Irrigation Plans, the specific design and location of the neighborhood identification monument sign must be submitted for review and approval by the Community Development Director. The sign must be installed concurrent with or immediately after perimeter project wall installation. (This Condition Applies to Single-family Residential Projects) 78. Prior to the issuance of a Zoning Clearance for final building permit (occupancy) the applicant shall install front yard landscaping, including sod, one fifteen (15) gallon tree and an automatic irrigation system, as approved on the landscape plans. (This Condition Applies to Single-family Residential Projects) 79. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan, along with required deposit, must be submitted to the Community Development Director for review and approval. The lighting plan, prepared by an electrical engineer registered in the State of California, must be in conformance with the Moorpark Municipal Code. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 80. Landscape plans submitted at the time of entitlement review are conceptual only. Entitlement approval does not include approval of the specific plant species on the conceptual landscape plans unless indicated in the Special Conditions of Approval. Detailed landscaping plans are subject to review and approval by the Community Development Director for compliance with the City's Landscape Standards and Guidelines. 81. For project sites adjacent to protected open space or to a conservation area, none of the prohibited plants indicated in the Provisionally Acceptable Plant List and the Invasive and Prohibited Plant List contained in the City's Landscape Standards and Guidelines may be used on any property within the development site or the adjacent public or private right-of-way. 82. Unless otherwise stipulated in the Special Conditions of Approval, the applicant shall be responsible for the maintenance of any and all parkway landscaping constructed as a requirement of the project, whether said parkway landscaping is within the street right-of-way or outside of the street right-of-way. Any parkway landscaping outside of the street right-of-way must be within a landscape maintenance district. 83. All required landscape easements must be clearly shown on the Final Map or on other recorded documents if there is no Final Map. 84. Tree pruning, consisting of trimming to limit the height and/or width of tree canopy and resulting in a reduction of required shade coverage for the parking lot area, is prohibited by Section 17.32.070 of the Moorpark Municipal Code and will be considered a violation of the Conditions of Approval. Tree trimming for the purposes of maintaining the health of trees is permitted with prior approval of the Community Development Director and City's designated arborist. (This Condition Applies to Commercial/Industrial and Multi- family Residential Projects) 51 Resolution No. 2009-2799 Page 16 85. When available, use of reclaimed water is required for landscape areas subject to the approval of the Community Development Director, the City Engineer and Public Works Director and Ventura County Waterworks District No. 1. 86. Landscaped areas must be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practice landscaped areas for infiltration and biological remediation or approved equals, must be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted to the Community Development Director and City Engineer and Public Works Director for review and approval prior to the issuance of a building permit. 87. All landscaping must be maintained in a healthy and thriving condition, free of weeds, litter and debris. 88. Prior to the issuance of Zoning Clearance for occupancy, all fencestwalls along lot boundaries must be in place, unless an alternative schedule is approved by the Community Development Director. 89. Prior to the issuance of a Zoning Clearance for occupancy, the applicant shall enter into the standard Caltrans tri-party maintenance agreement to maintain any landscaping within Caltrans right-of-way. The applicant and any subsequent owners shall maintain all landscaping and hardscape areas that are covered by the tri-party maintenance agreement for the life of the project. C. Please contact the ENGINEERING DIVISION for compliance with the following conditions: GENERAL 90. Grading, drainage and improvement plans and supporting reports and calculations must be prepared in accordance with the latest California Building Code as adopted by the City of Moorpark and in conformance with the latest "Land Development Manual" and "Road Standards" as promulgated by Ventura County; "Hydrology Manual' and "Design Manual' as promulgated by Ventura County Watershed Protection District; "Standard Specifications for Public Works Construction" as published by SNI (except for signs, traffic signals and appurtenances thereto which must conform to the provisions of Chapter 56 for signs and Chapter 86 for traffic signals, and appurtenances thereto, of the "Standard Specifications," most recent edition, including revisions and errata thereto, as published by the State of California Department of Transportation). 91. Grading, drainage and improvement plans and supporting reports and calculations must be prepared in accordance with the most recently approved "Engineering Policies and Standards" of the City of Moorpark, and "Policy of Geometric Design of Highways and Streets," most recent edition, as published by the American Association of State Highway and Transportation Officials. In the case of conflict between the standards, specifications and design manuals 52 Resolution No. 2009-2799 Page 17 listed herein and above, the criteria that provide the higher level of quality and safety prevail as determined by the City Engineer and Public Works Director. Any standard specification or design criteria that conflicts with a Standard or Special Condition of Approval of this project must be modified to conform with the Standard or Special Condition to the satisfaction of the City Engineer and Public Works Director. 92. Engineering plans must be submitted on standard City title block sheets of 24- inch by 36-inch to a standard engineering scale representative of sufficient plan clarity and workmanship, 93. A 15-mile per hour speed limit must be observed within all construction areas. 94. If any hazardous waste or material is encountered during the construction of this project, all work must be immediately stopped and the Ventura County Environmental Health Department, the Ventura County Fire Protection District, the Moorpark Police Department, and the Moorpark City Engineer and Public Works Director must be notified immediately. Work may not proceed until clearance has been issued by all of these agencies. 95. The applicant and/or property owner shall provide verification to the City Engineer and Public Works Director that all on-site storm drains have been cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. Additional cleaning may be required by the City Engineer and Public Works Director depending upon site and weather conditions. (This Condition Applies to Commercial/Industrial and Multi- family Residential Projects) 96. All paved surfaces; including, but not limited to, the parking area and aisles, drive-through lanes, on-site walkways must be maintained free of litter, debris and dirt. Walkways, parking areas and aisles and drive-through lanes must be swept, washed or vacuumed regularly. When swept or washed, litter, debris and dirt must be trapped and collected to prevent entry to the storm drain system in accordance with NPDES requirements. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 97. Prior to improvement plan approval, the applicant shall obtain the written approval on approved site plan exhibit sheets for the location of fire hydrants by the Ventura County Fire Prevention Division. Water and Sewer improvements plans must be submitted to Ventura County Waterworks District No. 1 for approval. 98. Prior to any work being conducted within any State, County, or City right-of- way, the applicant shall obtain all necessary encroachment permits from the appropriate agencies and provide copies of these approved permits and the plans associated with the permits to the City Engineer and Public Works Director. 53 Resolution No. 2009-2799 Page 18 99. Reactive organic compounds, Nitrogen oxides (ozone/smog precursor), and particulate matter (aerosols/dust) generated during construction operations must be minimized in accordance with the City of Moorpark standards and the standards of the Ventura County Air Pollution Control District (APCD). When an air pollution Health Advisory has been issued, construction equipment operations (including but not limited to grading, excavating, earthmoving, trenching, material hauling, and roadway construction) and related activities - must cease in order to minimize associated air pollutant emissions. 100. The applicant shall comply with Chapters 9.28, 10.04, 12.24, and 17.53 of the Moorpark Municipal Code and any provision amendatory or supplementary thereto, as a standard requirement for construction noise reduction. 101. The applicant shall utilize all prudent and reasonable measures (including installation of a 6-foot high chain link fence around the construction site(s) and/or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 102. The applicant shall post, in a conspicuous location, the construction hour limitations and make each construction trade aware of the construction hour limitations. GRADING 103. All grading and drainage plans must be prepared by a qualified Professional Civil Engineer currently registered and in good standing in the State of California and are subject to review by the City Engineer and Public Works Director. Prior to or concurrently with the submittal of a grading plan the applicant shall submit a soils (geotechnical) report. 104. Grading must conform to the standards contained in Chapter 17.38 Hillside Management of the Moorpark Municipal Code and any provision amendatory or supplementary thereto. Plans detailing the design and control (vertical and horizontal) of contoured slopes must be provided to the satisfaction of the City Engineer, Public Works Director and Community Development Director. 105. Prior to the issuance of a grading permit or Final Map approval, whichever comes first, the applicant shall post sufficient surety with the City, in a form acceptable to the City Engineer and Public Works Director, guaranteeing completion of all onsite and offsite improvements required by these Conditions of Approval and/or the Municipal Code including, but not limited to grading, street improvements, storm drain improvements, temporary and permanent Best Management Practice (BMP) for the control of non-point water discharges, landscaping, fencing, and bridges. Grading and improvements must be designed, bonded and constructed as a single project. 54 Resolution No. 2009-2799 Page 19 106. Prior to the issuance of a grading permit or Final Map approval, whichever occurs first, the applicant shall provide written proof to the City Engineer and Public Works Director that any and all wells that may exist or have existed within the project have been properly sealed, destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per California Department of Conservation, Division of Oil, Gas, and Geothermal Resources requirements. 107. Prior to issuance of a grading permit, final approved soils and geology reports must be submitted to the City Engineer and Public Works Director. The approved final report must encompass all subsequent reports, addendums and revisions under a single cover. Where liquefaction hazard site conditions exist, an extra copy of the final report must be provided by the applicant to the City Engineer and Public Works Director and be sent by the applicant to the California Department of Conservation, Division of Mines and Geology in accordance with Public Resources Code Section 2697 within 30 days of report approval. 108. Prior to issuance of the grading permit, a grading remediation plan and report must be submitted for review and approval of the City Engineer and Public Works Director. The report must evaluate all major graded slopes and open space hillsides whose performance could effect planned improvements. The slope stability analysis must be performed for both static and dynamic conditions, using an appropriate pseudo-static horizontal ground acceleration coefficient for earthquakes on faults, capable of impacting the project in accordance with standard practice as outlined in DMG Special Publication No. 117, 1997. 109. Prior to issuance of the grading permit, the project geotechnical engineer shall evaluate liquefaction potential. Where liquefaction is found to be a hazard, a remediation plan with effective measures to avoid and control damage must be provided to the City Engineer and Public Works Director. During construction, measures to reduce seismic liquefaction risks shall be employed as recommended in the approved remediation plan and associated geotechnical report, such as placement of a non-liquefiable cap over the alluvium, removal of the liquefiable soils, in-situ densification, or the excavation of a shear key below the base of the liquefiable zone. Where liquefaction hazard site conditions exist, the applicant shall provide an extra copy of the final report to the City Engineer and Public Works Director and shall send a copy of the report to the California Department of Conservation, Division of Mines and Geology in accordance with Public Resources Code Section 2697 within 30 days of report approval. 110. The project must comply with all NPDES requirements and the City of Moorpark standard requirements for temporary storm water diversion structures during all construction and grading. 111. Prior to issuance of a grading permit, a qualified, currently registered Professional Civil Engineer in good standing in the State of California shall be 55 Resolution No. 2009-2799 Page 20 retained to prepare Erosion and Sediment Control Plans in conformance with the currently issued Ventura County Municipal Strom Water NPDES Permit. These Plans shall address, but not be limited to, construction impacts and long- term operational effects on downstream* environments and watersheds. The Plans must consider all relevant NPDES requirements and recommendations for the use of the best available technology and specific erosion control measures, including temporary measures during construction to minimize water ' quality effects to the maximum extent practicable. Prior to the issuance of an initial grading permit, review and approval by the Community Development Director and City Engineer and Public Works Director is required. 112. Prior to the import or export of more than one hundred (100) truckloads or one thousand cubic yards (1,000 cu. yds.) a Haul Route Permit in conformance with the currently adopted City of Moorpark Engineering Policies and Standards is required. 113. Where slopes exceeding 4 feet in height are adjacent to sidewalks, and streets, the grading plan must include a slough wall, Angelus Standard slumpstone, color or other alternative as determined by the Community Development Director, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk to prevent debris from entering the sidewalk or street. The wall must be designed and constructed in conformance with the City's standard wall detail. All material for the construction of the wall shall be approved by the City Engineer and Public Works Director and Community Development Director. Retaining walls greater than 18 inches in height must be set back two-feet (2) from the back of the sidewalk. This two- foot (2) area must be landscaped and have no greater than a two percent (2%) cross fall slope. The slough wall and landscaping design is subject to the review and approval of the City Engineer and Public Works Director and Community Development Director. 114. Grading plans must include, but not be limited to entry walls and project identification signs in accordance with City standards. Landscaping, appropriate to the entry, shall be provided that will not interfere with sight- distance or turning movement operations. The final design for the project entrance must be reviewed and approved by the Community Development Director and the City Engineer and Public Works Director. 115. During grading, the project geotechnical engineer shall observe and approve all keyway excavations, removal of fill and landslide materials down to stable bedrock or in-place material, and installation of all sub-drains including their connections. All fill slope construction must be observed and tested by the project geotechnical engineer, and the density test results and reports submitted to the City Engineer and Public Works Director to be kept on file. Cuts and slopes must be observed and mapped by the project geotechnical and civil engineers who will provide any required slope modification recommendations based on the actual geologic conditions encountered during 56 Resolution No. 2009-2799 Page 21 grading. Written approval from the City Engineer and Public Works Director must be obtained prior to any modification. 116. Written weekly progress reports and a grading completion report must be submitted to the City Engineer and Public Works Director by the project geotechnical engineers. These reports must include the results and locations of all compaction tests, as-built plans of all landslide repairs and fill removal, including geologic mapping of the exposed geology of all excavations showing cut cross-sections and sub-drain depths and locations. The lists of excavations approved by the engineering geologist must also be submitted. Building permits will not be issued without documentation that the grading and other pertinent work has been performed in accordance with the geotechnical report criteria and applicable Grading Ordinance provisions. 117. During grading, colluvial soils and landslide deposits within developed portions of the properties must be re-graded to effectively remove the potential for seismically-induced landslides in these materials. Additional buttressing, keying and installation of debris benches must be provided in transition areas between non-graded areas and development as recommended in the final geotechnical reports by the project geotechnical engineer. 118. The recommendations for site grading contained in the final geotechnical reports must be followed during grading unless modifications are submitted for approval by the engineers-of-work and specifically approved in writing by the City Engineer and Public Works Director. 119. Temporary irrigation, hydroseeding and erosion control measures, approved by the Community Development Director, City Engineer and Public Works Director, must be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to a temporary or permanent grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) calendar days except that during the rainy season (October 1 to April 15), these measures will be implemented immediately. 120. The maximum gradient for any slope must not exceed a 2:1 (horizontal:vertical) slope inclination except where special circumstances exist. In the case of special circumstances, where steeper slopes are warranted, a registered soils engineer and a licensed landscape architect will review plans and their recommendations will be subject to the review and approval of the City Engineer, Public Works Director, and the Community Development Director. 121. All graded slopes steeper than 5:1 (horizontal:vertical) must have soil amendments added, irrigation systems installed and be planted in a timely manner with groundcover, trees and shrubs (consistent with the approved landscape and irrigation plans) to stabilize slopes and minimize erosion. Timely manner means that the slope soil amendments, irrigation systems and planting 57 Resolution No. 2009-2799 Page 22 on each slope must commence immediately upon the completion of the grading of each slope, that the completion of slope grading will not be artificially delayed and that the slope soil amendments, irrigation systems and planting must be completed on a schedule commensurate with the grading. The planting will be to the satisfaction of the Community Development Director, City Engineer, and Public Works Director. 122. Grading may occur during the rainy season from October 1 to April 15, subject to timely installation of erosion control facilities when approved in writing by the City Engineer, Public Works Director and the Community-Development Director and when erosion control measures are in place. In order to start or continue grading operations between October 1 and April 15, project-specific erosion control plans that provide detailed Best Management Practices for erosion control during the rainy season must be submitted to the City Engineer and Public Works Director no later than September 1 of each year that grading is in progress. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During the rainy season, October 1 through April 15, all graded slopes must be covered with a woven artificial covering immediately after completion of each graded slope. Grading operations must cease if the applicant fails to place effective best management measures on graded slopes immediately after construction. No slopes may be graded or otherwise created when the National Weather Service local three-day forecast for rain is twenty percent (20%), or greater, unless the applicant is prepared to cover the permanent and temporary slopes before the rain event. The artificial covering and planting will be to the satisfaction of the Community Development Director, City Engineer, and Public Works Director. 123. During clearing, grading, earth moving, excavation, soil import and/or soil export operations, the applicant shall comply with the City of Moorpark standard requirements for dust control, including, but not be limited to, minimization of ground disturbance, application of water/chemicals, temporary/permanent ground cover/seeding, street sweeping, and covering loads of dirt. All clearing, grading, earth moving, excavation, soil import and/or soil export operations must cease during periods of high winds (greater than 15 mph averaged over one hour). 124. Backfill of any pipe or conduit must be in four-inch (4") fully compacted layers unless otherwise specified, in writing, by the City Engineer and Public Works Director. 125. Soil testing for trench compaction must be performed on all trenching and must be done not less than once every two feet (2') of lift and one-hundred lineal feet (100') of trench excavated. Test locations must be noted using true elevations and street stationing with offsets from street centerlines. 126. Prior to issuance of each building permit, the project geotechnical and/or soils engineer shall submit an as-graded geotechnical report and a rough grading 58 Resolution No. 2009-2799 Page 23 certification for said lot and final soils report compiling all soils reports, addendums, certifications, and testing on the project for review and approval by the City Engineer and Public Works Director. 127. Prior to issuance of the first building permit, the project's engineer shall certify that the grading and improvements have been completed, as noted on the original approved plans and any subsequent change orders. 128. When required by the Community Development Director and/or the City Engineer and/or Public Works Director, at least one (1) week prior to commencement of grading or construction, the applicant shall prepare a notice that grading or construction work will commence. This notice shall be posted at the site and mailed to all owners and occupants of property within five-hundred feet (500) of the exterior boundary of the project site, as shown on the latest equalized assessment roll. The notice must include current contact information for the applicant, including all persons with authority to indicate and implement corrective action in their area of responsibility, including the name of the contact responsible for maintaining the list. The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehicles, erosion control, and the twenty-four (24) hour emergency number, must be expressly identified in the notice. The notice must be re-issued with each phase of major grading and construction activity. A copy of all notices must be concurrently transmitted to the Community Development Department. The notice record for the City must be accompanied by a list of the names and addresses of the property owners notified and a map identifying the notification area. 129. Consistent with the final geotechnical reports, at a minimum, the following measures must be implemented during design and construction where appropriate to minimize expansive soil effects on structures: potential foundation systems to include pier and grade beam; use of structural concrete mats and post-tensioned slabs; pad overcutting to provide uniform swell potential; and soil subgrade moisture treatment. 130. Prior to issuance of building permits, chemical testing of representative building pad soils is required to determine the level of corrosion protection required for steel and concrete materials used for construction. The following measures must be implemented where appropriate to protect against corrosion: • use of sulfate-resistant concrete; and • use of protective linings to encase metallic piping buried in soils warranting such measures. 131. Engineered fills must be constructed in compliance with the standards and criteria presented in the approved geotechnical report. The differential thickness of the fill under individual buildings may not be greater than ten (10) feet. These measures must be verified by construction observation and testing 59 Resolution No. 2009-2799 Page 24 by the project geotechnical engineer as outlined in the final geotechnical reports and approved by the City Engineer and Public Works Director. 132. Additional analysis of the predicted total and differential settlements of the major fills at each site must be performed by the project geotechnical engineer during the final design stage. Possible measures that may be required based on the settlement data Include surcharging, delaying construction for a period of time before constructing on deep fills, or allowing for the predicted settlement in the design of the project components. 133. Transfer of responsibility of California Registered Civil Engineer in charge for the project must be in accordance with rules and guidelines set forth pursuant to Rules of the Board for Professional Engineers and Land Surveyors, 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. Applicant has full right to exercise the service of a new engineer in charge at any time during a project. When there is a change in engineer, the applicant/owner shall notify the City Engineer and Public Works Director in writing within 48 hours of such change. Said letter shall specify successor California Registered Civil Engineer and shall be stamped and signed and dated by said engineer in responsible charge and shall accept responsibility of project. The letter will be kept on file at the City. FINAL MAP 134. The Final Map must be prepared in accordance with the latest copy of the, "Guide for the Preparation of Tract Maps, Parcel Maps and Records of Survey/Corner Records" as published by the Public Works Agency of the County of Ventura and amended from time to time. The various jurat's/notary acknowledgements and certificates must be modified, as appropriate, to reflect the jurisdiction of the City and the location of the subdivision within the City. The Final Map must provide that each lot comer and street centerline intersection, tangent point, and terminus be monumented with Ventura County Road Standard survey monument plate E-4. Street monuments must be intervisible. The E-4 monument disk stamping must read, "City of Moorpark", be center punched to show the corner, and be stamped with the registration or license number of the professional surveyor responsible for its location. 135. Concurrently with the submittal of the Final Map, the applicant shall submit a current (dated within the last ninety (90) days) preliminary title report to the City Engineer and Public Works Director, which clearly identifies all interested parties, lien holders, lenders and all other parties having any record title interest in the real property being subdivided. The preliminary title report must identify the holders of any easements that affect the subdivision and contain the vesting deeds of ownership and easements. Thirty (30) days prior to the submittal of the Final Map Mylar® sheets, the applicant shall provide the City Engineer and 60 Resolution No. 2009-2799 Page 25 Public Works Director, a subdivision guarantee policy of the property within the Final Map and preliminary title report for each area of easement proposed to be obtained for grading or construction of improvements. 136. Prior to or concurrently with the submittal of the Final Map, the applicant shall provide written evidence to the City Engineer and Public Works Director that a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act has been transmitted to each public entity or public utility that is an easement holder of record. The applicant shall obtain subordination of senior rights of easement from any such public utility in favor of the City. 137. At least one-hundred-twenty (120) days prior to the filing of the Final Map, if any improvement which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall comply with all of the requirements of Subdivision Map Act Section 66462.5 and any provision amendatory or supplementary thereto. Prior to the filing of the Final Map the applicant shall provide the City with an executed offsite property acquisition agreement in a form acceptable to the Community Development Director, City Attorney, and City Manager. As a part of the notification to the City required by that section, the applicant shall provide the City a deposit in an amount approved by the Community Development Director, sufficient to pay the estimated costs and fees to be accrued by the City in obtaining said property. Within fifteen (15) days of notification by the City that the deposited funds are insufficient -to complete the acquisition, the applicant shall deposit such additional funds that the Community Development Director deems necessary. During the time between notice of insufficiency of deposited funds and payment of said insufficiency, the time limits of Section 66462.5 shall toll. 138. Prior to Final Map approval, the applicant shall obtain City Engineer and Public Works Director approval of all required public improvement and grading plans. The applicant shall enter into an agreement with the City of Moorpark to complete grading, public improvements and subdivision monumentation and post sufficient surety guaranteeing the construction and maintenance of grading all public improvements, and private street and storm drain improvements; construction and post construction NPDES Best Management Practice; and subdivision monumentation in a form and in an amount acceptable to the City Engineer. The plans must be prepared by a California Registered Civil Engineer and sureties must meet the City's requirements for sureties and must remain in place for one year following final acceptance of the improvements by the City or until such time that the City Council shall approve their redemption, whichever is the longer. 139. Prior to Final Map approval, the applicant shall post sufficient surety in an amount acceptable to the Community Development Director, City Engineer, Public Works Director and in a form approved by City Attorney guaranteeing 61 Resolution No. 2009-2799 Page 26 the payment of laborers and materialsmen in an amount no less than fifty percent (50%) of the faithful performance surety. 140. Prior to Final Map approval and upon submittal of the Final Map Mylar® sheets, the applicant shall provide the City Engineer and Public Works Director electronic files of the Final Map, complete in every fashion except for signatures, in a format satisfactory to the City Engineer and Public Works Director. 141. Upon recordation of the Final Map(s) the applicant shall forward a photographic process copy on 3-mil polyester film of the recorded Map(s) to the City Engineer and Public Works Director. 142. All lot-to-lot drainage easements or secondary drainage easements must be delineated on the Final Map. Assurance in the form of an agreement must be provided to the City that these easements will be adequately maintained by the property owners to safely convey stormwater flows. Said agreement must be submitted to the City Engineer and Public Works Director and City Attorney for review and approval and must include provisions for the owners association to maintain any private storm drain not maintained by a City Assessment District in conformance with the NPDES. The agreement must be a durable agreement that is binding upon each property owner of each lot.and successors in interest. 143. Prior to Final Map approval, the applicant shall fully complete the "Final Map Processing Procedures" as outlined in Moorpark Administrative Procedure (MAP) CD-18, available from the Community Development Department. PUBLIC AND PRIVATE STREETS AND RELATED IMPROVEMENTS 144. Prior to construction of any public improvement, the applicant shall submit to the City Engineer and Public Works Director, for review and approval, street improvement plans prepared by a California Registered Civil Engineer, and enter into an agreement with the City of Moorpark to complete public improvements, with sufficient surety posted to guarantee the complete construction of all improvements, except as specifically noted in these Standard Conditions or Special Conditions of Approval. 145. Prior to issuance of the first building permit, all existing and proposed utilities, including electrical transmission lines less than 67Kv, must be under-grounded consistent with plans approved by the City Engineer, Public Works Director and Community Development Director. Any exceptions must be approved by the City Council. 146. Above-ground obstructions in the right-of-way (utility cabinets, mailboxes, etc.) must be placed within landscaped areas when landscaped areas are part of the right-of-way improvements. When above ground obstructions are placed within the sidewalk, a minimum of five feet (5') clear sidewalk width must be provided around the obstruction. Above-ground obstructions may not be located within or on multi-purpose trails. 62 Resolution No. 2009-2799 Page 27 147. Prior to final inspection of improvements, the project Registered Civil Engineer shall submit certified original "record drawing" plans with three (3) sets of paper prints and the appropriate plan revision review fees to the City Engineer and Public Works Director along with electronic files in a format satisfactory to the City Engineer and Public Works Director. These "record drawing" plans must incorporate all plan revisions and all construction deviations from the approved plans and revisions thereto: The plans must'be "record drawings" on 24" X 36" Mylar® sheets (made with proper overlaps) with a City title block on each sheet. In addition, the applicant shall provide an electronic file update of the City's Master Base Map electronic file, incorporating all streets, sidewalks, street lights, traffic control facilities, street striping, signage and delineation, storm drainage facilities, water and sewer mains, lines and appurtenances and any other utility facility installed for this project. 148. The street improvement plans must contain a surveyor's statement on the plans, certifying that, in accordance with Business and Professions Code 8771, all recorded monuments in the construction area will be protected in place during construction, or have been located and tied with no fewer than four (4) durable reference monuments, which will be protected in place during construction. Copies of all monument tie sheets must be submitted to the City on reproducible 3-mil polyester film. 149. Prior to reduction of improvement bonds, the applicant must submit reproducible centerline tie sheets on 3-mil polyester film to the City Engineer and Public Works Director. 150. All streets must conform to the latest City of Moorpark Engineering Policies and Standards using Equivalent Single Axle Loads (ESAL) for a minimum thirty (30) year term for public streets and ESAL for a twenty (20) year term on private streets. All streets must be designed and constructed to the required structural section in conformance with the latest City of Moorpark Engineering Policies and Standards. The geotechnical or soil reports must address the need for possible sub-drainage systems to prevent saturation of the pavement structural section or underlying foundation. An additional one and one-half inch (1-1/2") thick rubberized asphalt pavement must be added to the structural section for public streets. This additional pavement may not be used in determining the required structural section. 151. When required by the City Engineer and Public Works Director, the applicant shall provide, for the purposes of traffic signal installation, two (2) four-inch (4") P.V.C. conduits extending across all intersections, and surfacing through "J" boxes to the satisfaction of the City Engineer and Public Works Director. DRAINAGE AND HYDROLOGY 152. Prior to approval of a grading plan, the applicant shall submit to the City of Moorpark for review and approval by the City Engineer and Public Works Director, drainage plans with the depiction and examination of all on-site and 63 Resolution No. 2009-2799 Page 28 off-site drainage structures and hydrologic and hydraulic calculations in a bound and indexed report prepared by a California Registered Civil Engineer. 153. Drainage improvements must be designed so that after-development, drainage to adjacent parcels would not be increased above pre-development drainage quantities for any stormwater model between and including the 10 year and 100 year storms, nor will surface runoff be concentrated by this project. Acceptance ' of storm drain waters by the project and discharge of storm drain waters from the project must be in type, kind and nature of predevelopment flows unless the affected upstream and/or downstream owners provide permanent easement to accept such changed storm drainage water flow. All drainage measures necessary to mitigate stormwater flows must be provided to the satisfaction of the City Engineer and Public Works Director. The applicant shall make any on- site and downstream improvements, required by the City, to support the proposed development. 154. The drainage plans and calculations must analyze conditions before and after development, as well as, potential development proposed, approved, or shown in the General Plan. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention and NPDES facilities and drainage courses must be addressed. 155. Local residential and private streets must be designed to have at least one dry travel lane available during a 10-year frequency storm. Collector streets must be designed to have a minimum of one dry travel lane in each direction available during a 10-year frequency storm. 156. All stormwater surface runoff for the development must have water quality treatment to meet the design standards for structural or treatment control BMPs per the latest issued Ventura County Municipal Storm Water NPDES Permit. 157. The hydraulic grade line within any catch basin may not extend higher than nine inches (9°) below the flow line grade elevation at the inlet. 158. No pressure manholes for storm drains are allowed unless specifically approved in writing by the City Engineer and Public Works Director. If permitted, all storm drain lines under water pressure must have rubber gasket joints. 159. All manhole frames and covers shall have a thirty inch (30") minimum diameter. This includes all access manholes to catch basins, as well as any other storm drain or NPDES structure. 160. The Q50 storm occurrence must be contained within the street right-of-way. 161. The maximum velocity in any storm drain system may not exceed twenty feet (20') per second. 64 Resolution No. 2009-2799 Page 29 162. All detention and debris structures that fall under the definition of being a dam must have an open air spillway structure that directs overflows to an acceptable location to the satisfaction of the City Engineer and Public Works Director. 163. Only drainage grates of a type approved by the City Engineer and Public Works Director may be used at locations accessible by pedestrian, bicycle or equestrian traffic. Drainage grates shall not be allowed in sidewalks or trails. 164. To verify that the Reinforced Concrete Pipe (RCP) specified on the improvement plan is correct, theRCPdelivered to project site must have the D- LOAD specified on the RCP. 165. The grading plan must show distinctive lines of inundation delineating the 100- year flood level. 166. All flows that have gone through flow attenuation and clarification by use of acceptable Best Management Practice Systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices are to be deposited directly into the storm drain system unless an alternative has been approved by the City Engineer and Public Works Director. Storm drain and related easements outside the public right-of-way are to be privately . maintained unless otherwise approved by the City Council. 167. Concrete surface drainage structures exposed to the public view must be tan colored concrete, as approved by the Community Development Director, and to the extent possible must incorporate natural structure and landscape to blend in with the surrounding material. 168. Prior written approval by the City Engineer and Public Works Director is required for curb outlets that provide for pad or lot drainage onto the street. 169. Drainage devices for the development must include all necessary appurtenances to safely contain and convey storm flows to their final point of discharge to the satisfaction of the City Engineer and Public Works Director. 170. The applicant shall demonstrate, for each building pad within the development area, that the following restrictions and protections can be put in place to the satisfaction of the City Engineer and Public Works Director: a. Adequate protection from a one-hundred (100) year frequency storm; b. Feasible access during a fifty (50) year frequency storm. c. Elevation of all proposed structures within the one-hundred (100) year flood zone at least one (1) foot above the one-hundred (100) year flood level. Hydrology calculations must be per current Ventura County Watershed Protection Agency Standards and to the satisfaction of the City Engineer and 65 Resolution No. 2009-2799 Page 30 Public Works Director. Development projects within a 100 year flood zone may require a Conditional Letter of Map Revisions (CLOMR) and Letter of Map Revision (LOMR) as determined by the City Engineer and Public Works Director. 171. The storm drain system must be designed with easements of adequate width for future maintenance and reconstruction of facilities, particularly facilities deeper than eight feet (8'). In addition, all-,facilities must have all-weather vehicular access. 172. All existing public storm drain systems within the development require pre- construction and post-construction Closed Caption Television Videoing (CCTV) including identification by existing plan and station. 173. Storm drain systems must be constructed per the most current Ventura County Watershed Protection District Standard Design Manual, City of Moorpark Standards and to the satisfaction of the City Engineer and Public Works Director. 174. All storm drain easement widths and alignments must conform to the City of Moorpark requirements and be to the satisfaction of the City Engineer and Public Works Director. Easements must provide sufficient room for reconstruction of the storm drain systems and provide all weather access within the easement, to all manholes, inlets, outlets and any other structure that requires maintenance. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 175. Prior to the start of grading or any ground disturbance, the applicant shall identify a responsible person experienced in NPDES compliance who is _acceptable to the City Engineer and Public Works Director. The designated NPDES person (superintendent) shall be present, on the project site Monday through Friday and on all other days when the probability of rain is forty percent (40%) or greater and prior to the start of and during all grading or clearing operations until the release of grading bonds. The superintendent shall have full authority to rent equipment and purchase materials to the extent needed to effectuate Best Management Practices. The superintendent shall be required to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. 176. Prior to the issuance of any construction/grading permit and/or the commencement of any qualifying grading or excavation, the applicant shall prepare and submit a Stormwater Pollution Control Plan (SWPCP), on the form established in the Ventura Countywide Stormwater Quality Management Program. The SWPCP must address the construction phase compliance to stormwater quality management regulations for the project. The SWPCP, improvement plans and grading plans must note that the contractor shall comply with the California Best Management Practices Construction Handbook, 66 Resolution No. 2009-2799 Page 31 published by the California Stormwater Quality Association. The SWPCP must be submitted, with appropriate review deposits, for the review and approval of the City Engineer and Public Works Director. The SWPCP must identify potential pollutant sources that may affect the quality of discharges and design the use and placement of Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during Construction. Erosion control BMPs, which include wind erosion, dust control, and sediment source control BMPs for both active and inactive (previously disturbed) construction areas are required. 177. The SWPCP must include provisions for modification of BMPs as the project progresses and as conditions warrant. The City Engineer and Public Works Director may require the first version and each subsequent revision of the SWPCP to be accompanied by a detailed project schedule that specifically identifies the type and location of construction operations for the project. The SWPCP must be developed and implemented in accordance with the latest issued Ventura Countywide Stormwater Quality Management Program, NPDES Permit, Chapter 8.52 of the Moorpark Municipal Code and any other requirements established by the City. The applicant is responsible for ensuring that all project contractors, subcontractors, materials suppliers, tenants and tenants' contractors comply with all BMPs in the SWPCP, until such time as a notice of termination has been approved by the City Engineer and Public Works Director and accepted by the Los Angeles Regional Water Quality Control Board. The SWPCP must include schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. Onsite maintenance of all equipment that can be performed offsite will not be allowed. 178. Prior to the issuance of any construction/grading permit and/or the commencement of any qualifying, grading or excavation, the applicant for projects with facilities identified as subject to the State Board General Industrial and Commercial permits shall prepare and submit a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP must address post-construction compliance with stormwater quality management regulations for the project. The SWPPP, improvement plans and grading plans must note that the contractor shall comply with the latest edition of the California Best Management Practices New Development and Redevelopment Handbook, published by the California Stormwater Quality Association. The SWPPP must comply with the Ventura Countywide Stormwater Quality Management Program Land Development Guidelines, Technical Guidance Manual for Stormwater Quality Control Measures, and the Stormwater Management Program (SMP) to develop, achieve, and implement a timely, comprehensive, cost effective stormwater pollution control program to reduce pollutants to the maximum extent practicable. The SWPPP must be prepared in compliance with the form and format established in the Ventura Countywide Stormwater Quality Management Program, and submitted, with appropriate review deposits, for the review and approval of the City Engineer/Public Works Director. The proposed plan must also address all relevant NPDES requirements, maintenance 67 Resolution No. 2009-2799 Page 32 measures, estimated life spans of Best Management Practices facilities, operational recommendations and recommendations for specific Best Management Practices technology, including all related costs. The use of permanent dense ground cover planting approved by the City Engineer/Public Works Director and Community Development Director is required for all graded slopes. Methods of protecting the planted slopes from damage must be identified. Proposed management efforts during the lifetime of the project must include best available technology. "Passive" and "natural" BMP drainage facilities are to be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or similar "active" devices is not acceptable and may not be used without specific prior approval of the City Council. The use of biological filtering, bio- remediation, infiltration of pre-filtered stormwater and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non-disruptive fashion is required. As deemed appropriate for each project, the SWPPP must establish a continuing program of monitoring, operating and maintenance to: a. Provide discharge quality monitoring. b. Assess impacts to receiving water quality resulting from discharged waters. c. Identify site pollutant sources. d. Educate management, maintenance personnel and users, to obtain user awareness and compliance with NPDES goals. e. Measure management program effectiveness. f. Investigate and implement improved BMP strategies. g. Maintain, replace and upgrade BMP facilities (establish BMP facility inspection standards and clear guidelines for maintenance and replacement). h. Secure the funding, in perpetuity, to achieve items "a" through "g" above. 179. Prior to the issuance of any construction/grading permit and/or the commencement of any clearing, grading or excavation, the applicant shall submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Stormwater Permit Unit in accordance with the latest issued NPDES Construction General Permit: Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activities). The applicant shall also provide a copy of the Notice of Intent (NOI) to the City Engineer and Public Works Director as proof of permit application. The improvement plans and 68 Resolution No. 2009-2799 Page 33 grading plans shall contain the Waste Discharge Idenfication number for the project. 180. Engineering and geotechnical or soils reports must be provided to prove, to the satisfaction of the City Engineer and Public Works Director, that all "passive" NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water detention and clarification. 181. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal Code and any provision amendatory and supplementary thereto. D. Please contact the BUILDING DIVISION for compliance with the following conditions: 182. Prior to the issuance of a Building Permit; the applicant shall provide written proof that an "Unconditional Will Serve Letter" for water and sewer service has been obtained from the Ventura County Waterworks District No. 1. E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT for compliance with the following conditions: 183. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air Pollution Control District (APCD) "Authority to Construct" shall be obtained for all equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final Certificate of Occupancy shall not be granted until compliance with all applicable APCD Rules & Regulations has been satisfactorily demonstrated. (This Condition Applies to Commercial/Industrial Projects) 184. Facilities shall be operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District, with emphasis on Rule 51, Nuisance. Rule 51 states: "A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endangers the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property." (This Condition Applies to Commercial/Industrial Projects) F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for compliance with the following conditions: GENERAL 185. Prior to combustible construction, an all weather access road/driveway and the first lift of the access road pavement must be installed. Once combustible construction starts a minimum twenty-foot (20') clear width access road/driveway must remain free of obstruction during any construction activities within the development. All access roads/driveways must have a minimum vertical clearance of thirteen feet-six inches (13'-6") and a minimum outside turning radius of forty feet (40'). 69 Resolution No. 2009-2799 Page 34 186. Approved turnaround areas for fire apparatus must be provided when dead-end Fire District access roads/driveways exceed 150-feet. Turnaround areas may not exceed a five percent cross slope in any direction and must be located within one-hundred-fifty feet(150') of the end of the access road/driveway. 187. The access road/driveway must be extended to within one-hundred-fifty feet (150') of all portions of the exterior wall of the first story of any building and must be in accordance with Fire District access standards. Where the access roadway cannot be provided', approved fire protection system or systems must be installed as required and acceptable to the Fire District. 188. When only one (1) access point is provided, the maximum length of the access road may not exceed eight-hundred feet (800'). 189. Public and private roads must be named if serving more than four (4) parcels or as required by the Fire District. All street naming shall be in accordance with currently adopted City Council policy. 190. Approved walkways must be provided from all building openings to the public way or Fire District access road/driveway. 191. Structures exceeding three stories or forty-eight-feet (48') in height must meet current VCFPD Ordinance for building requirements. Structures exceeding seventy-five-feet (75') in height are subject to Fire District high rise building requirements. (This Condition Applies to Commercial/Industrial and Multi- family Residential Projects) 192. All new structures must be provided with an automatic fire sprinkler system in accordance with current Ventura County Fire Protection District Ordinance. 193. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater may not be stored or placed within five feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. (This Condition Applies to Commercial/Industrial and Multi-family Residential Projects) 194. Gating of private streets or parking areas must meet the requirements of Chapter 17.32 of the Moorpark Municipal Code and any provision amendatory and supplementary thereto and of the Ventura County Fire Protection District. FINAL MAP 195. Prior to recordation of the Final Map(s), proposed street name(s) must be submitted to the Community Development Director and the Fire District's Mapping Unit for review and approval. Approved street names must be shown on the Final Map(s). Street name signs must be installed in conjunction with the road improvements. The type of sign must be in accordance with Plate F-4 of the Ventura County Road Standards. 196. At least fourteen (14) days prior to recordation of any maps, including parcel map waivers, the applicant shall submit two (2) copies of the map to the Fire Prevention Division for approval. 70 Resolution No. 2009-2799 Page 35 197. Within seven (7) days of the recordation of the Final Map(s) an electronic version of the map must be provided to the Fire District. 198. Prior to Final Map or prior to the issuance of a building permit, whichever comes first, the applicant shall provide to the Fire District, written verification from the water purveyor that the water purveyor can provide the required fire flow as determined by the Fire District. DEVELOPMENT REQUIREMENTS 199. Prior to the issuance of a_certificate of occupancy by the Building Division, the applicant shall submit a plan to the Fire District for review and approval indicating the method by which this project will be addressed. 200. Minimum six-inch (6") high address numbers must be installed prior to occupancy, must be contrasting color to the background, and must be readily visible at night Brass or gold plated number may not be used. Where structures are set back more that one-hundred-fifty feet (150') from the street, larger numbers are required so that they are distinguishable from the street. In the event a structure(s) is (are) not visible from the street, the address numbers(s) must be posted adjacent to the driveway entrance on an elevated post. 201. Prior to combustible construction, fire hydrants must be installed to the minimum standards of the City of Moorpark and the Fire District, and must be in service. 202. Prior to occupancy of any structure, blue reflective hydrant location markers must be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers must still be installed and replaced when the final asphalt cap is completed. 203. Prior to the issuance of a building permit, building plans for all A, E, H, I, R-1 and R-2 Occupancies must be submitted, with payment for plan check, to the Fire District for review and approval. (This Condition Applies to CommerciaUlndustrial and Multi-family Residential Projects) 204. Prior to issuance of a building permit the applicant must submit a phasing plan and two (2) site plans (for the review and approval of the location of fire lanes) to the Fire District. 205. Prior to occupancy, the fire lanes must be posted "NO PARKING FIRE LANE TOW-AWAY" in accordance with California Vehicle Code and the Fire District. 206. Prior to or concurrently with the issuance of a building permit, the applicant shall submit plans to the Fire District showing the location of the existing hydrants within three-hundred feet (300') of the proposed project and showing the location, type and number of proposed hydrants, and the size of the outlets. Fire hydrant(s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix 111-B and adopted amendments. On-site fire hydrants may be required as determined by the Fire District. Fire hydrants, if required, must be installed and in service prior to combustible construction and 71 Resolution No. 2009-2799 Page 36 must conform to the minimum standard of the Ventura County Waterworks Manual and the Fire District. 207. Prior to installation of any fire protection system; including, but not limited to sprinklers, dry chemical, hood systems, the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. Fire sprinkler systems with one-hundred or more heads must be supervised by a fire alarm system in accordance with Fire District requirements. 208. Prior to installation of the fire alarm system (if required), the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. The fire alarm system must be installed in all buildings in accordance with California Building and Fire Code. 209. Prior to the issuance of a certificate of occupancy by the Building Division, the applicant shall obtain all applicable Uniform Fire Code (UFC) permits. 210. Prior to the issuance of a building permit, the applicant shall obtain a copy of Ventura County Fire District Form No. 126 "Requirements for Construction." 211. Prior to the issuance of a certificate of occupancy by the Building Division, the applicant shall install fire extinguishers in accordance with the Uniform Fire Code. The placement of extinguishers is subject to review and approval by the Fire District. (This Condition Applies to Commercial/Industrial and Multi- family Residential Projects) 212. Prior to framing, the applicant shall clear for a distance of one hundred feet all grass or brush exposing any structure(s) to fire hazards. G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for compliance with the following conditions: 213. The applicant shall comply with the applicable provisions of Ventura County Waterworks District No. 1 standard procedures for obtaining domestic water and sewer services for applicant's projects within the District. 214. Prior to the issuance of a building permit, the applicant shall provide Ventura County Waterworks District with: a. Water and sewer improvement plans in the format required. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. c. Copy of fire hydrant location approvals by Ventura County Fire Protection District. d. Copy of District Release and Receipt from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. g. Signed Contract to install all improvements and a Surety Bond. 72 Resolution No. 2009-2799 Page 37 215. At the time water service connection is made, cross connection control devices must be installed on the water system in a manner approved by the Ventura County Waterworks District No. 1. H. Please contact the VENTURA COUNTY WATERSHED PROTECTION DISTRICT for compliance with the following conditions: 216. Direct storm drain connections to Ventura County Flood Control District facilities are subject to Ventura County Watershed Protection District permit requirements. I. Please contact- the POLICE DEPARTMENT for compliance with the following condition: 217. Prior to initiation of the building plan check process for the project, the applicant shall submit plans in sufficient detail to the Police Department for review and approval of defensible space concepts to reduce demands on police services. To the degree feasible and to the satisfaction of the Community Development Director and the Police Chief, public safety planning recommendations must be incorporated into the project plans. The applicant shall prepare a list of project features and design components that demonstrate responsiveness to defensible space design concepts. - END - 73 Resolution No. 2009-2799 Page 38 Exhibit B CITY OF MOORPARK STANDARD CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMITS The following conditions shall be required of all projects unless otherwise noted. GENERAL REQUIREMENTS 218. Within thirty (30) calendar days of approval of this entitlement, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of Agreement/Notice shall include a legal description of the subject property, and have the appropriate notary acknowledgement suitable for recordation. 219. This Conditional Use Permit expires one (1) year from the date of its approval unless the use has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his/her discretion, grant up to two (2) additional one-year extensions for use inauguration of the permit, if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards use inauguration during the initial period of time. The request for extension of this permit shall be made in writing, at least thirty (30) days prior to the expiration date of the permit and shall be accompanied by applicable entitlement processing deposits. 220. The Conditions of Approval of this entitlement and all provisions of the City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said plans or application. 221. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 222. All mitigation measures required as part of an approved Mitigation Monitoring Report and Program (MMRP) for this entitlement are hereby adopted and included as requirements of this entitlement. Where conflict or duplication between the MMRP and the Conditions of Approval occurs the Community Development Director shall determine compliance so long as it does not conflict with the California Environmental Quality Act and the more restrictive measure or condition applies. 223. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning this entitlement approval, which 74 Resolution No. 2009-2799 Page 39 claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other sections of state law as applicable. The City will promptly notify the applicant of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. c. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: iii. The City bears its own attorney fees and costs; iv. The City defends the claim, action or proceeding in good faith. d. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a a building permit is issued pursuant to the permit or the use is inaugurated. 224. If any of the conditions or limitations of this approval are held to be invalid, that holding does not invalidate any of the remaining conditions or limitations set forth. 225. All facilities and uses, other than those specifically requested in the application and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. FEES 226. Entitlement Processing: Prior to the approval of any Zoning Clearance for this entitlement, the applicant shall submit to the Community Development Department all outstanding entitlement case processing fees, including all applicable City legal service fees. This payment shall be made within sixty (60) calendar days after the approval of this entitlement. 227. Condition Compliance: Prior to the issuance of any Zoning Clearance, building permit, grading permit, or advanced grading permit, the applicant shall submit to the Community Development Department the Condition Compliance review deposit. 228. Electronic Conversion: In accordance with City policy, the applicant shall submit to the Community Development Department, City Engineer and Public Works Director and the Building and Safety Division the City's electronic image conversion fee for entitlement/condition compliance documents; Final Map/ engineering improvement plans/permit documents; and building plans/permit documents, respectively. 229. Fish and Game: Within two (2) business days after the City Council/Planning Commission adoption of a resolution approving this project, the applicant shall 75 Resolution No. 2009-2799 Page 40 submit to the City of Moorpark two separate checks for Negative Declaration or Environmental Impact Report, and Administrative Fee, both made payable to the County of Ventura, in compliance with Assembly Bill 3158 for the management and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to Public Resources Code Section 21089, and Fish and Game Code Section 711.4, the project is not operative, vested or final until the filing fees are paid. 230. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall pay to the Community Development Department citywide Storm Drain Discharge Maintenance Fee. The fee shall be paid in accordance with City Council adopted Storm Drain Discharge Maintenance Fee requirements in effect at the time of building permit application. Please contact the PLANNING DIVISION for compliance with the following conditions: DEVELOPMENT REQUIREMENTS 231. Prior to issuance of a building permit, the Applicant shall provide an Irrevocable Offer of Dedication to the City of an easement for the purpose of providing ingress/egress access, drainage and parking to the adjacent commercial/industrial properties. The City of Moorpark shall not assume any responsibility for the offered property or any improvements to the property until this action has been accepted by the City Council. If accepted by the City of Moorpark, this easement may be fully assignable to the adjacent property owners, as an easement appurtenant for parking, ingress/egress access purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of Dedication and other required pertinent documents required to satisfy the above requirements shall be to the satisfaction of the Community Development Director, City Engineer, Public Works Director and the City Attorney 232. Parking areas must be maintained in accordance with the requirements of the Moorpark Municipal Code. All parking space and loading bay striping must be maintained so that it remains clearly visible during the life of the development. 233. Prior to any re-striping of the parking area, a Zoning Clearance is required. All disabled parking spaces and paths of travel must be re-striped and maintained in their original approved locations unless new locations are approved by the Community Development Director. OPERATIONAL REQUIREMENTS 234. Loading and unloading operations are allowed only between the hours of 6:00 a.m. and 10:00 p.m. unless additional hours are approved by the City Council. More restrictive hours for loading and unloading may be imposed by the Community Development Director if there are noise and other issues that make the loading and unloading incompatible with the adjacent residential uses. There shall be no idling of trucks while loading or unloading. 76 Resolution No. 2009-2799 Page 41 235. All uses and activities must be conducted inside the building(s) unless otherwise authorized in writing by the Community Development Director and consistent with applicable Zoning Code provisions. 236. Prior to the issuance of a Zoning Clearance for any use which requires handling of hazardous or potentially hazardous materials, the applicant shall provide proof that he/she has obtained the necessary permits from Ventura County Environmental Health Division. Should the Community Development Director determine that a compatibility study is required; the applicant shall apply for a Permit Modification to the entitlement. 237. The applicant agrees not to protest the formation of an underground Utility Assessment District. 238. The continued maintenance of the subject site and facilities is subject to periodic inspection by the City. The Applicant and his/her successors, heirs, and assigns shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) working days from written notification. 239. No noxious odors may be generated from any use on the subject site. 240. The applicant and his/her successors, heirs, and assigns shall remove any graffiti within seventy-two (72) hours from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 241. Should continued compliance with these Conditions of Approval not be met the Community Development Director may modify the conditions in accordance with Municipal Code Section 17.44.100 and sections amendatory or supplementary thereto, declare the project to be out of compliance, or the Director may declare, for some other just cause, the project to be a public nuisance. The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.170). 242. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. All contractors doing work in Moorpark shall have or obtain a current Business Registration Permit. 243. Prior to issuance of Zoning Clearance for the first building permit, the applicant shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste Management staff and the Community Development Director for review and approval. The Plan must include a designated building manager, who is responsible for initiating on-site waste materials recycling programs, including acquiring storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. 77 Resolution No. 2009-2799 Page 42 244. The building manager or designee shall be required to conduct a routine on-site waste management education program to educating and alerting employees and/or residents to any new developments or requirements for solid waste management. This condition must be coordinated through the City's Solid Waste Management staff. 245. No overnight parking, repair operations or maintenance of trucks may occur on site. The property owner shall enter into an agreement with the City to allow the City; upon property posting of signs restricting the overnight parking, repair or maintenance of truck, to enforce the onsite restrictions_and assume the costs of towing the violating vehicles. 246. Tree pruning, consisting of trimming to limit the height and/or width of tree canopy and resulting in a reduction of required shade coverage for the parking lot area, is prohibited by Section 17.32.070 of the Moorpark Municipal Code and will be considered a violation of the Conditions of Approval. Tree trimming for the purposes of maintaining the health of trees is permitted with prior approval of the Community Development Director and the City's designated arborist. 247. All landscaping must be maintained in a healthy and thriving condition, free of weeds, litter and debris. ALCOHOLIC BEVERAGE REQUIREMENTS (for alcoholic beverage sales and service) 31. The development must be in substantial conformance with the plans presented in conjunction with this application, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 32. All necessary permits must be obtained from the Building and Safety Department and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 33. Approval of a Zoning Clearance is required prior to the issuance of building permits. All other permit and fee requirements must be met. 34. Entertainment is not approved as part of this Conditional Use Permit and requires approval of a separate permit. 35. Security personnel must be provided to monitor the parking area(s) designated for use by customers of the restaurant during any activity that may require the need for additional security such as an outdoor concert or special sales event or exhibit. The applicant shall work with the Police Department, Fire Department, and Community Development Department staff to determine which activities require additional security. The owner/manager shall be required to obtain Temporary Use Permit approval from the City of Moorpark when a scheduled activity could create a need for increased police presence. The only exception is for special events held by Moorpark-based non-profit groups. 36. The applicant shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations approved by this 78 Resolution No. 2009-2799 Page 43 Conditional Use Permit, including fifteen (15%) percent overhead on any such services. '37. No person under the age of eighteen (18) may serve or package alcoholic beverages. 38. All exterior areas of the site, including parking areas under use by the facility, must be maintained free of litter and debris at all times. 39. This Conditional Use Permit may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.100.13 of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 40. The City of Moorpark reserves the right to modify, suspend or revoke for cause this Conditional Use Permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as said Code may be amended or supplemented in the future. 41. Sales, service or consumption of liquor, beer, and wine allowed by this Conditional Use Permit are permitted only between the hours of 10:00 a.m. and Midnight. 42. This premise is not licensed by ABC to operate as a bar or a nightclub and must maintain this premise as a restaurant. The quarterly gross sales of alcoholic beverages may not exceed 50% of the gross sales of food during the same period. The facility must at all times maintain records which reflect separately the gross sale of food and-the gross sales of alcoholic beverages of the business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Moorpark Police Department upon demand. 43. "Walk-in" alcohol service for non-restaurant patrons is not permitted at any time. Alcoholic beverages may only be sold/served to patrons of the facility during dining events. Food meal service must be available during all business hours that alcoholic beverages are sold. 44. Areas inside the establishment open to customers must be illuminated sufficiently to allow the identification of persons. 45. The applicant or his/her designee shall be responsible to police the exterior of the business to assure that no liquor, beer, or wine is consumed within the parking lot. The applicant shall not permit any loitering in the parking lot or in areas adjacent to the facility. The rear door must remain closed during business hours. 46. No exterior advertising of any kind or type is allowed promoting or indicating the availability of alcoholic beverages. Interior advertising displays for alcoholic beverages that are clearly visible to the exterior constitute a violation of this condition. 47. The permittee must correct any safety or security problem within thirty (30) days upon written notice of such a problem from the Moorpark Police Department. 79 Resolution No. 2009-2799 Page 44 48. A License Agreement for encroachment into the right-of-way must be obtained prior to the initiation of any sidewalk dining or the capture fencing must be removed. (Required when the use is on a part of the public right-of-way) 49. Any and all employees directly involved or supervising the sale/service of alcoholic beverages shall provide evidence and the business shall maintain records that employees.have: a. Received training from the State of California Department of Alcoholic Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD program in the form of an ABC issued certificate. b. The Owner/Manager shall confirm with the California Department of Alcoholic Beverage Control within fifteen (15) days of hire any new employee has been scheduled with the local (Santa Barbara ABC office) to attend the LEAD program course. Alternatively, this course attendance requirement may be met through a. LEAD certified agency or company approved by the State of California. VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT RELATED REQUIREMENTS: 50. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air Pollution Control District (APCD) "Authority to Construct' must be obtained for all equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final Certificate of Occupancy will not be granted until compliance with all applicable APCD Rules & Regulations has been satisfactorily demonstrated. 51. Facilities must be operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District, with emphasis on Rule 51, Nuisance. Rule 51 states: "A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endangers the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property." VENTURA COUNTY FIRE PROTECTION DISTRICT RELATED REQUIREMENTS: GENERAL 52. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater may not be stored or placed within five feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. DEVELOPMENT REQUIREMENTS 53. Prior to the issuance of a building permit, building plans for all A, E, H, I, R-1 and R-2 Occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval. 54. Prior to installation of any fire protection system, including, but not limited to sprinklers, dry chemical, hood systems, the applicant shall submit plans, along 80 Resolution No. 2009-2799 Page 45 with the required fee for plan check, to the Fire District for review and approval. Fire sprinkler systems with one-hundred or more heads must be supervised by a fire alarm system in accordance with Fire District requirements. 55. Prior to installation of the fire alarm system (if required), the applicant shall submit plans, along with the required fee for plan check, to the Fire District for . review and approval. The fire alarm system must be installed in all buildings in accordance with California Building and Fire Code. 56. Prior to the issuance of a certificate of occupancy by the Building Division, the applicant shall obtain all applicable Uniform Fire Code (UFC) permits. 57. Prior to the issuance of a building permit, the applicant shall obtain a copy of Ventura County Fire District Form No. 126 "Requirements for Construction." 58. Prior to the issuance of a certificate of occupancy by the Building Division, the applicant shall install fire extinguishers in accordance with the Uniform Fire Code. The placement of extinguishers is subject to review and approval by the Fire District. - END - 81 Resolution No. 2009-2799 Page 46 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, Assistant City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2009-2799 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 18th day of March, 2009, and that the same was adopted by the following vote: AYES: Councilmembers Lowenberg, Mikos, Millhouse, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 1 st day of April, 2009. Maureen Benson, Assistant City Clerk (seal) 0 0 s 0 .r 82 CUI I \ / (E) PROPERTY,LINE 20 D zo 40 6D \ (E)EOGE,OF PAYING _N /\ f ' GRAPHIC SCALE: 1" = 20'-0" I \ u ITEM 8.A. CONSTRUCTION NOTES (N) PROPERTY L\` \� I LOT 66 / J �� � x SITE SCOPE OF WORK PROPOSED PROP LINE \-.\ \ L0 NEW(2)UNDERGROUND STORAGE TANKS 2.7• A� `\ 1.1 NEW"CONTRACTORS/GASOLINE CANOPY"W/ROOF CLAY TILE N E COPY fiedlergroup 1.1 NEW"TRUCK CANOPY'W/ROOF CLAY TILE CANOPY •Architecture IT �` RoAo ''� �`�l.� 1.3 NEW"GENERATOR ENCLOSURE"W/ROOF CLAY TILE CANOPY .Engineering 29 \ `li° �A. \_ ,}^ 1.4 NEW 10'x 40'BUILDING W/SLOPED CLAY TILE ROOF-SEE ARCHITECTURAL PLANS *Planning LOT 67 ! 'CC�I y \ /Q;�, O -Project Management �TF,Q'9/j / _.... SITE WORKS 2322N (Third 5a /4% \ I/ / 1 tghx C1 NEW TRASH ENCLOSURE W/CLAY TILE ROOF 40057 1906 '/1 Ql 69 A Ph—:(213 381 7891 3.5 (,�`\' . 2.1 NOT USED I'm(2131381 151; 2.02 NEW YARD LIGHT fiedlergroup.com 2.3 NEW CANOPY COLUMN m sulrur: NEW 14'%20 SHELTER/PATIO I / • .1 ,yam �•,�� O j / f ll NEW RED DIESEL DISPENSER HIGH FLOW 3.4 OIP.)2.2 NEW CLEAR DIESEL DISPENSER TWIN HOSE 1.0 2.6• \ NEW UNLEADED GAS DISPENSER,TWIN HOSE 1.3 \ 7.2 3.3 -j 50• \\ .,\ � NEW UNLEADED CAS DISPENSER,TWIN HOSE NOT USED T LOT 71 5 � s.l �s � ®5 NEW CLEAR DIESEL DISPENSER TWIN HOSE (m) ���-�5-�j p g \,V•i \ ®S NEW CLEAR DIESEL DISPENSER HIGH FLOW 30. 2.2 V NEW CLEAR DIESEL SAT DISPENSER(LINK 2.5F) 2.5' NEW CLEAR DIESEL SAT DISPENSER(LINK 2.5G) 20 ��.� .. Oo \ •Ip/ \`\ 2.6 NEW RETAINING WALL �. LOT 73 m/v m PM cum mwwEWa 2.1 NEW RETAINING WALL WITH CHAIN LINK FENCE p 07/23/oB ttR CUW mwwEws / �/ \\ I NEW CARD RFA05R 2 PIGS 3 �/19/ffi vFA an cOwwENrs LOT 65 / / I / 2.8 �� 43" \ 209 NEW UNDSCAPE,SEE LANDSCAPE PLANS 4 ,0/WM PER att COMMENs 3.2 / S II/10/09 PER MW LOMYEMS NEW PEDESTRIAN SITE ACCESS 6 u/ID/D9 vtA mtNr a2Y1ENF5 LOT 75 3.0 / 1.2 N I 2 t NOT USED z n®RAW AW u/c TAW S / 2.8 I 3.5 ®I NEW GUARD POST, 12'0 GONG FILLED,TYP. a Dz/21A1 PM ON C,DR 9AFA g M/2t/C9 PEA tltt COYYENfS 3.0 I.D NEW 8'HIGH SPLIT FACE CMU WALL to a/z•/DS vrn ON cawwENrs / LOT 68 and / / .5 L e E I 38 3.3 NEW 6'HIGH SPLIT FACE CMU WALL LOT 77 ,.o 3.9 / ®1 CONTRACTORS ISLAND ssA_ NEW 2'HIGH SPLIT FACE CMU WALL W/4'HIGH DECORATIVE WROUGHT IRON FENCE v 3.2 ®1 NEW TANK VENTS t.3 o I II m / 25i ® �/� NEW 4'%8'OVERFLOW JUNCTION BOX \ LOT 70 79 I / h ®1 NEW REALLY UNIT W/ENCLOSURE $ / NEW CATE,LOCKABLE,W/CONCRETE STEPS / LOT 72 / / 2.2 NEW RETENTION BASIN AREA / �Z .y^+�" A k- 1.4 ,No- LOT 83 / CONCRETE NEW R 8 ASPHALTIC PAWNG � ~ 81 >„' 2 p �p� 0 3.0 NEW REINFORCED CONC.DRIVE SLAB 1 RESDENiwl / ?0' \ 3.1 NEW CONC.WALL(-NON SUP SURFACE L01 74 / II 3.3 - � i I � 3.2 NEW HEAVY DUTY ASPHALTIC PAVING . \ w•ow r.n a mwn...m�.o•n m•.x, NEW CONC.PLANTER CURB DcV¢ovwrrr mrORwxnOn: LOT 76 / 3.4 NEW REINFORCED GONG.TANK SLAB NEW FUELING FACILITY / .2 NEW CONCRETE DRIVEWAY NEW BUILDING \ / / N 36 NEW CONC.CURB A GUTTER NEW(2)CANOPIES \ 11`1, IBS2g, / O NEW(2)STORAGE TANKS / \ / LOT 78 � / / .?s•H'6sOr 3.7 3'WIDE CONC.DRAINAGE SWALE EDGE OF ASPHALT srtE rmRCSS: 14276 PRINCETON AVE \ 3.9 NEW CONC.RAMP WITH LEVEL LANDINGS (RPARIK 1 PARKING MOORPARK,CA .I NEW 9'-0'x 20'-0'STANDARD PARKING•• p N 9 1538' \ 4.1 NEW 17'-0'x19'-0"HANDICAP ACCESSIBLE PARKING•• xsrnrD ar' MM rD w: TM AREAS aMED er: TM urn Pw: BUILDING FLOOR SPACE 400 SO.FF. MM caauvxzrr Pw: LOT 82 4i ASPHALT PAVING 30,000 SOFT. PRarct�: 7,900 SOCONCRETE PAYING 0711712005 11323 RETENTON LANDSCIAPE BASIN 13.390 SO FT LOT 84 NOTES PRELIMINARY * \ * PROVIDED BY THE Cltt OF ODE 17. SITE PLAN ,T / •• PER MOORPARK MUNICIPAL CODE 17.32 \ PONE \ M-2 UMRED INDUSTRIAL-GENERAL PLAN DESIGNATION I-2 OFFSITE DEVELOPMENT N 89'1T29'W 81.1 S.0 NEW SIDEWALK WITH CURB&GUTTER F NEW STREET IMPROVEMENTS.SEE STREET IMPROVEMENT PUNS BY CITY OF MOORPARK ( _ .O PLANNING SUBMI77AL-9/23/2009 \ \ GRAPHIC SCALE: 1" = 20'-0" � eedlerg roup E mor /5 i0y Architecture •Engineering 0 . ''b�• $Planning i Y -Project Management °�G' ___ t �"Q�✓,(� \ �✓ �i/3 3322.gd-CA Saen F. „�� VV^ l ,.✓' I 90057-19% Ph.(213)3Ri 7991 (213.381 1517 fiedlergroup.com w.3 o a \ NC, REN�DM RES RMmDM .7/25MR Rarer aaaec--- 2 M/21/W tlMN0E5 PER PL M1%OM \ / '�.. 3 Iz/t�/oe epvEO ME'FN1pN Pond 4 01/11/C9 PER ON COMMEMIS / V \ I sez Yt I �1x _ III 2 010 EEJ�' m \ I htr / 2 �Eb511MG—,� / RESCE iV1 .., .. \ I / oevr aPMenr�nrarsMnnon`omm NEW FUELING FACILITY \\ NEW BUILDING \ N NEW(2)CANOPIES NEW(2)STORAGE TANKS \ \ - srtE eoDRESS: \ 14276 PRINCETON AVE \ \+ @ 1-118 MOORPARK,CA 1150 53.00 NB9°r5J9"ly 3.00 40.37 oeslarn er: MM Ea PY: 1M 0.00 accMEO er: TM MEP PM: MM corauE.:wr PM: �° O O aaE: PaaE MD. o07/22)2W8 1 11323 3.50 12.50 _ \ \ WB-55 feet aRe» PRELIMINARY Tractor Width :8.00 Lock to Lock Tine :6.00 TANKER PATH Troller Width 8.50 Steering Angie :16.0 Tractor Track :8.00 Articulating Angle :70.0 Trailer Track :8.50 c N89°17'29'W 81.7' - n LC2.1 PLANNING SUBMITTAL-912312009 CL4M: LANDSCAPE SHEET INDEX LANDSCAPE IMPROVEMENTS LIA C LANDSCAPE L LANDSCAPE L7.1 CONCEPTUAL LANDSCAPE PLAN NEW FUELING FACILITY • �+��°�� PROJECT DATA PRINCETON AVENUE (41-118 f fitalc p Architecture :Engineering � •Engineering •Planning MOORPARK, CALIFORNIA •PO'A` fhidSne ent L.,,Angel,,CA 90057-790( Phone:(213)381-7891 1a (213)381-1517 TREE SHADE REQUIREMENTS I AGRICULTURAL SOIL TESTING LANDSCAPE NOTES I PROJECT TEAM I fiedlergroup.com CIXSJLTMT: • TOTAL PARKING SPACES (5) 0 180 SOFT. (9'x20') EACH AN AGRICULTURAL SOILS TEST PERFORMED BY AN APPROVED AGRONOMIC 1. ALL PLANTING AREAS ARE TO BE VERIFIED IN THE FIELD PRIOR TO APPLICANT:FIEDLER GROUP LANDSCAPE:FIEDLER GROUP TOTAL PARKING AREA OF 900 SOFT. SOILS TESTING LABORATORY SHALL BE SUBMITTED BY LANDSCAPE INSTALLATION OF THE LANDSCAPE AND IRRIGATION. CONTRACTOR AFTER ROUGH GRADING HAS OCCURRED. CONTACT:TODD MANNER CONTACT:PATRICIA A.FIEDLER REQUIRED SNARE • TOTAL PARKING AREA (900) 0 507. 2. PLANT COUNT TOTALS ARE FOR CONTRACTOR CONVENIENCE ONLY. 2322 WEST THIRD STREET 2322 WEST THIRD STREET COVERAGE = 450 SOFT. ALL SOILS SAMPLES SHALL BE TAKEN IN THE FIELD BY A QUALIFIED SOILS CONTRACTOR IS RESPONSIBLE FOR ACCURATE PLANT COUNT TOTALS LOS ANGELES,CALIFORNIA 90057 LOS ANGELES,CALIFORNIA 90057 TECHNICIAN, TESTS SHALL INCLUDE A FERTILITY AND SU;TABILITY ANALYSIS 3. ALL LANDSCAPE AREAS ARE TO BE IRRIGATED BY AN AUTOMATED PH.#: 213 381-7891 WITH WRITTEN RECOMMENDATIONS, ( ) PH.#:(213)381-7891 • ACTUAL TOTAL PARKING AREA SHADED = 627 SOFT. (69.67%) IRRIGATION SYSTEM WITH A RAIN SENSING DEVICE AND INSTALLED IN FAX#:(231)381-1517 FAX 231 381-1517 A COPY OF THE TEST RESULTS WITH WRITTEN RECOMMENDATIONS SHALL BE ACCORDANCE WITH ALL STATE AND LOCAL CODES GOVERNING ( ) GIVEN' TO THE CITY LANDSCAPE INSPECTOR AT THE JOB SITE. CONSTRUCTION OF THIS TYPE. AN ADDITIONAL AGR.CULTURAL SOILS REPORT SHALL BE REQUIRED AFTER 4. ALL TRANSFORMERS AND BACKFLOW DEVICES ARE TO BE SCREENED RECOMMENDED SOIL AMENDMENTS HAVE BEEN INCORPORATED INTO THE SOIL. WITH A MINIMUM 5 GALLON SIZE SHRUBS, MULCH ALL AREAS (EXCEPT TURF) WITH 3"DEEP LAYER OF LANDSCAPE ARCHITECT AND LANDSCAPE CONTRACTORS SHALL COMPLY WITH 5. DECORATNE MEDIUM—SIZE FIR OR REDWOOD BARK. RECYCLED LUMBER, RECOMMENDATIONS GIVEN FOR SOIL AMENDMENTS FOR PROPER PLANT YARD WASTE OR OTHER NON—BARK WOOD PRODUCTS ARE NOT TREE SIZE REQUIREMENTS GROW-H. ACCEPTABLE. LANDSCAPE DESIGN STATEMENT THE FOLLOWING COMPANIES LISTED (NOT LIMITED TO)ARE FREOJENTLY USED 6. WHERE GROUNDCOVER IS SHOWN ON PLANS: GROUNDCOVER PLANTING wa Rcvrs;on DrscRVmR CERTIFIED LABORATORIES: IS TO BE INSTALLED AROUND AND BEHIND SHRUBS &TREES AT THE • 24 INCH BOX TREES — 12 — 24" BOX SPECIFIED SPACING. DO NOT PLANT GROUNDCOVER IN SHRUB/TREE THE INTENT OF THE LANDSCAPE DESIGN OBJECTIVE IS TO SCREEN ICI MINIMUM OF 75% (OR LARGER) 4 — 36" BOX SOIL & PLANT LAB AG RI SERVICE BUTLER'S MILL WATERING BASINS. THE NEW FUELING FACILITY IN CONFORMANCE WITH THE CITY'S 16 TOTAL 24" — 36"BOX PROVIDED (75.19%) 1594 N. MAIN 2142 B INDUSTRIAL COURT P.O. BOX 14305 LANDSCAPE GUIDELINES AND MUNICIPAL CODE. ORANGE, CA 92667 VISTA, CA 92083 SAN DIEGO, CA 92114 7. ALL TREES WITHIN 10'-0" OF WALKS OR CURBS ARE TO BE INSTALLED 714-282-8777 760-727-5451 619-263-6187 WITH A LINEAR ROOT BARRIER (MIN. 10'-0" IN LENGTH SY MIN. 24" IN THE LANDSCAPE DESIGN WILL UTILIZE PLANT MATERIAL THAT HAS LOW • 15 GALLON TREES — 5 — 15 GAL PROVIDED (23.80%) DEPTH) AGAINST THE HARDSCAPE AREA CENTERED ON THE TREE TO MEDIUM WATER USE AS SET FORTH IN THE 'WUCOLS III-1999 MAXIMUM OF 25% TRUNK. EDITION' (WATER USE CLASSIFICATION OF LANDSCAPE SPECIES) 21 TOTAL TREES (100%) 8. THE LANDSCAPE AND IRRIGATION SYSTEM IS TO BE MAINTAINED BY THE CONTRACTOR FOR 90 DAYS. THE OWNER WILL ASSUME RESPONSIBILITY THE PLANT MATERIAL SELECTED INTENDED T COMPLEMENT THE FOR THE CARE OF THE LANDSCAPE AND OPERATION OF THE IRRIGATION ARCHITECTURE AND SURROUNDING G A LANDSCAPE AREA FOR AN OVERALL SYSTEM AFTER THE CONI RACIOR HAS FULFILLED HIS COMMITMENT. COHESIVE APPEARANCE WHICH WILL DRAW INTEREST THROUGHOUT THE YEAR WITH TEXTURE AND COLOR. 9, MAINTENANCE SHALL INCLUDE ALL WATERING, FERTILIZATION, MOWING, WEEDING, CULTIVATING, SPRAYING AND PRUNING NECESSARY TO KEEP THE PLANT MATERIALS IN A HEALTHY GROWING CONDITION AND TO KEEP THE PLANTED AREAS NEAT AND ATTRACTIVE. suL j 0 DS A,, `•t�V,A.tYf SITE VICINITY MAP I SITE LOCATION MAP CITY REQUIRED INSPECTIONS WATER CONSERVATION CONCEPT PRIOR TO COMPLETION OF THE LANDSCAPING AND PRIOR TO FINAL A COMBINATION OF DRIP, BUBBLERS AND / OR LOW GALLON �Je or �1po INSPECTION, THE CITY'S LANDSCAPE CONSULTANT SHALL INSPECT THE SPRAY HEADS SHALL BE INSTALLED IN ALL PLANTERS. y p SITE AND CERTIFY THAT THE LANDSCAPE COMPLIES WITH THE CITY'S IRRIGATION SHALL BE EQUIPPED WITH AN AUTOMATED STANDARDS AND GUIDELINES. THE APPLICANT SHALL NOTIFY THE CITY "xe ax 5 R'� x Iq f A MINIMUM OF 48 HOURS PRIOR TO INSPECTION. CONTROLLER CAPABLE OF DUAL PROGRAMMING. PLANTS SHALL BE GROUPED INTO 'HYDROZONES' AND IRRIGATED ! A r+W •g z s• r UPON COMPLETION OF THE INSTALLATION OF THE LANDSCAPING AND PRIOR TO FINAL INSPECTION, THE APPLICANT'S LANDSCAPE BASED UPON SIMILAR WATERING REQUIREMENTS. ,° %- •+ ,,,,,K s CONSULTANT SHALL INSPECT HE SITE AND CERTIFY THAT THE LANDSCAPE COMPLIES WITH THE CITY'S STANDARD AND GUIDELINES. —on I"`°RWT1 . I tx CERTIFICATION SHALL BE ACCOMPLISHED BY COMPLETING THE CITY'S NEW FUELING FACILITY ,�✓ Ex ,�; 2 pcgM 'CERTIFICATE OF COMPLIANCE CHECKLIST'. w NEW BUILDING CONCURRENTLY OR AFTERWARD, THE CITY'S LANDSCAPE CONSULTANT NEW(2)CANOPIES ,.`� �!• } k - SHALL INSPECT THE LANDSCAPE PLANTING AND IRRIGATION - NEW(2)STORAGE TANKS . - s� • 'L A L.. p.. INSTALLATIONS FOR FINAL CONFORMANCE WITH THE APPROVED PLANS t. AND SPECIFICATIONS. IV 1111 THE APPLICANT MUST ALSO EMPLOY A CERTIFIED BACKFLOW TESTER .�..w' "'W ," TO CERTIFY THE BACKFLOW DEVICE. 14276 PRINCETON AVE fi 4. t£P dy' @-716 A SECOND INSPECTION SHALL BE CONDUCTED BY THE CITY'S MOORPARK,CA LANDSCAPE CONSULTANT ONE YEAR AFTER CERTIFICATION TO ASSURE CONDITION COMPLIANCE INCLUDING IRRIGATION EFFICIENCY AND PLANT VISIBILITY. E S lr DcswreD ar: ?AF rc vu: A Z � N Dw.•e m: PAr c uL ^Y s (off Tarr au. MnW 'M.'�➢%!V '.Y. 02.11.09 11323 •. ownnxc rmE: LANDSCAPE TITLE SHEET SUBMITTALS sHrr w: i NO. DATE Underground Service Alert _ 1st.PLAN CHECK 00-00-00 Can: TOLL FREE W 2nd PLAN CHECK 00-00-00 1-800 _ 3rd PLAN CHECK 00-00-00 227-2600 _ 00-00-00 00-00-00 tyro WORKING DAYS BEFORE YOU DIG 11.0.0 PLANNING SUBMITTAL-912312009 EXISTING TREE NOTES"" SITE PLAN NOTES PROPOSED PLANT MATERIAL LEGEND \ (E) PROPERTY LINE CATEGORY/DESCRIPTION PERCENTAGE/SIZE EXISTING SAMBUCUS ME%ICANA TO BE REMOVED DUE Oi NEW 6"PLANTER CURB SYMBOL \ / TO CONSTRUCTION ACTIVITIES. (7YP OF 1) :\ (E)CHAIN UI` "\ B EXISTING EUCALYPTUS GLOBULUS TO BE REMOVED O2 "NEW RETAINING WALL,CHAIN LINK FENCE TREES FENCE \ ` O DUE TO CONSTRUCTION ACTIVITIES. (TYP OF 1) \ O NEW LANDSCAPE AREA SMALL SCALE TREE WITH ACCENT FOLIAGE/FLOWER 1008 4- 36"BOX) OEXISTING SCHNUS MOLLE UE 70 TO BE REMOVED D (HEIGHT 20'-25')WITH MEDIUM WATER USE SUCH As ( CONSTRUCTION ACTIVITIES. (TYP OF 1) EDGE OF PAVEMENT FOR ! PLANT MIN. 5'-0"FROM O NEW UNDERGROUND RETENTION BASIN AREA \ O CASSIA LEPTOPHYLLA(GOLD MEDALLION) - EVERGREEN STREET TREES // (N)PROPERTY DN\�. D EXIS'ING SCHINUS MOLLE TO REMAIN (TYP OF 1) .,.:5 PROPOSED PROP UNE J •\ ` \ E O5 •NEW RETAINING WALL �'��` LAGERSTROUSw X '7USCARORA'(TUSCARORA CRAPE MYRTLE) wroRwlwR PRO.1Drn er: ' 1 \ � O EXISTING SALIX LASIOLEPIS TO REMAIN (TYP OF 6) : \ O"NEW SIDEWALK,CURB AND GUTTER (E)36•STORM 100%6 -24"BOX A \ MEDIUM SCALE DECIDUOUS TREE WITH ACCENT FOLIAGE/FLOWER AGE/FLOWER ) DRAIN LINE AND 2�:" ,C1 y ••REFER TO MATURE TREE REPORT AS PREPARED BY fiedlergroup -r \. 7 NEW 8'HIGH SPLIT FACE CMU WALL (HEIGHT 35'70 50')SUCH A5: 20' EASEMENT v ,,s �A. \, KAY J.GREELEY,IS (JAN.24,2009)FOR ^ ADDITIONAL INFORMATION PERTAINING TO CONDITION g NEW 6'HIGH SPLIT FACE CMU WALL \-EXlsnec— i1 - 'Q V" OF EXISTING TREES (DI NEW CHINENSIS(CHINESE PISTACWE) *Architecture Ewm ar \\ / ,/ fry / f D S`��. J/ NEW 2'HIGH SPLIT FACE CMU WALL W/4'HIGH MEDIUM WATER NEEDS •Engineering q FO 0, '$+ O DECORATIVE WROUGHT IRON FENCE K ELREUTERIA PAN LAT ( LDEhRAIN TREE) -Planning 'v \ � ;e NEW TRASH ENCLOSURE LOW WATER NEEDS CU A GO EE *Project Management 10 2T'_'Wear Thad Src ° ¢/ /✓/7v \1.r i R��� "\ �� �� / O NEW 3'WIDE CONCRETE DRAINAGE SWALE LARGE SCALF TREE FOR SHADE AND SCREENING(HEIGHT TO 100%(6- 24"BOX) �� // - K//n: X ti G o:Ansrl.,CA (E)TREE LINE Y r/ / / :1 F --\ (�/ 50'AND MORE) vousT 1vDn (:�A)// L 1 '„J(- 12 NEW UNDERGROUND STORAGE TANKS Phone('I i13N 1-'89[ / `0 OUERCUS LOBATA(VALLEY OAK) - DECIDUOUS, Fax(Ri 3081 1517 / , �S• y'/ 13 NEW GENERATOR ON CONC.PAD MEDIUM WATER USE (E)CHAIN LINK \/ ice`(\ O FENCE /^ \ 1 (ii\ / \ t.` BRACHYCHITON POPULNEUS (BOTTLE TREE) - EVERGREEN, fedlergr0up.com EXISTING POWER POWER LINE caxuuun: LOW WATER USE .6 • / /y,`,,/ /` (\ \ / / \ TREE SHADE CANOPY AREA(TYP) /0 FIRE Q T�x �. FIRE RETARDANT TREE FOR SCREENING (HEIGHT TO 50'AND 100%(5- 15 GAL) Y�j 16 SITE NSIBILITY TRIANGLE(TYP) MORE)WITH MEDIUM WATER NEEDS SUCH AS: PLATANJS RACEMOSA(CALIFORNIA SYCAMORE)- DECIDUOUS 12 �_._ •INFORMATION PROVIDED BY THE CITY OF MOORPARK /> i • \\ POPULUS FREMONTII(WESTERN COTTONWOOD) - DECIDJOUS SHRUBS Ile \ \ FIRE RETARDANT EVERGREEN SCREENING HEDGE(HEIGHT TO BE 40% (5 GAL A/ \ ib MAINTAINED AT 4''0 5')WITH LOW WATER NEEDS SUCH AS: PLANT AT 5'-0"ON CENTER 60%(5 GAL.) HFTEROMELES ARBUTIFOLIA(TOYON) PLANT AT 4'-0"ON-CENTER IV RHAMNUS CAUFORNICA'EVE CASE' (EVE CASE COFFEEBERRY) 13 O°� / Ro. w*E R�sIOR DESCmv1roR FIRE RETARDANT EVERGREEN FLOWERING SHRUB HEIGHT TO 45% 5 GAL.) (HEIGHT 1. 042209 BASE REV.PER PCC BE MAINTAINED AT 3'TO 4")WITH LOW WATER USE SUCH AS: PLANT AT 4'-6"ON-CENTER !S \�....` 55% (5 GAL.) 9 / NEW..CONTRACTORS/ � \ ,, CEANOTHUS 'JOYCE COULTER' (JOYCE COULTER WILD LILAC) PLANT AT 4'-0°ON-CENTER /<^ GASOLINE CANOPY 3 -\ 11 )-,. / , •/v CALUSTEMON CITRINUS 'COMPACTA' (COMPACT BOTTLEBRUSH) �M EVERGREEN FLOWERING SHRUB(HEIGHT TO BE MAINTAINED 45%(5 GAL.) I// \\` CALLIANDRA CAL FORNOICA(RAJA FAIRY DUSTER) PLANT AT 4'-6"ON-CENER ,, 1 C YS 55%(5 GAL) 9 'T AT 4'-0°ON CENTER E GREVILLEA 'NOELLI44'(NOELLL CREVILLEA) EI E) ... AT 30")SUCH ASR................___.... -. ......_—_..... PLANT SAT AL!- ON-CENTER - 1 3 FLOWERING SHRUB (HEIGHT TO BE MAINTAINED 40% 5 GAL.) fy 1 r^ c O o p 1 NEW TRIft CANOPY RHAPHIOLEP'.S INDICA(INDIAN HAWTHORN) - PLANT AT 3'-0"ON-CENTER svv; 1 O° MEDIUM WATER USE SOLLYA HETEROPHYLLA(AUSTRALIAN BLUEBELL CREEPER) ? (E)TREE UNE(NP)_ �_ __.�,o o LOW WATER USE `ate e1A�.er�(ee^ I .....�ACCENTPLANISANDPERENNIALS .................__........... *o� ACCENT[9 I I 15 HT T . G (HEIGHT 0 3) WITH MEDIUM�WA WATER USE SUCH AS:LIA E H - ON-CENTER I PHORMIUM X 'DAZZLER' (DAllLER F RED FLAX) PLANT AT 3-0 ON-CENTER e ////// PLANT AT 3' 6° Serf OFGU11� 407.(5 GAL.) PHORM.UM X MAORI SUNRI s 2' -0 IN HEIGHT)WITH _ SE \ /�,� MEDIUM EVERGREEN PERENNIAL 40% 5 GAL (�"I - 1 , , / / r - MWATER NUSE SUCH AS: PLANT AT 2'-6"ON-CENTER 1 1 � LOW Y (�"1 II 3 / i // DIETES BICOLOR FORTNIGHT:,ULV PLANT IAT�15'ON-CENTER WITH SLOPED BUILDING (FORTNIGHT " HT W ocvc.av«cM wroRwm�+-� �- - I N 14'X20* \ /p HEMERDGAL� (EVERGREEN DAYLILY) \\ yi S ER/PATIO / NEW FUE41MG FACILITY D ORNAMENTAL GRASSES n^ NEW(2�NOPIES NEW 6171LDING \ \ _ ,,,� ..Bez9• " NEW(2)S GE TANKS W sS0 ORNAMENTAL GRASSES FOR BID-RE TEDIAUSE MEASURES PLANT(1 GAL.) ,y (HEIGHT 1'TO 3')WITH MEDIUM WATER USE SUCH AS: PLANT AT ON-CENTER < �... 60% (5 GAL.)L.) srtE : CARE%MORROWII'VARIEGATA' (VARIEGATED JAPANESE SEDGE) ! PLANT AT 3'-0"ON-CENTER �J 14276 PR1 ETON AVE \ \_. 3 / c'-�4 MISCANTHUS TRANSMORRISONENSIS(EVERGREEN MISCANTHUS); (E) NATURAL VEGETATION TO \ - - - GROUND COVER MOO=K.CA REMAIN -37,630 SOFT. // ' i/ _ (✓ NBH°ls. - / EVERGREEN GROUND COVE MATERIAL WITH LOW WATER USE 30R (1 GAL.) ,� , 9 •/ 6 (MAXIMUM HEIGHT 2-TO 3'�SUCH AS: ( SPACED AT 3'-6'ON-GENE o�1GNEp B'''pppi TM 70% (FLATS) acaao m-. HEV vu: LANTANA X'NEW GOLD'YELLOW FLOWERING LANTANA) SPACED AT 12'ON-CENTER /. *[ PAF ce,ra (PROSTRATE PARVJFOLIUM 'PROSTRATUM' (PROSTRATE MVOPORUM)(FIRE--RfSARDAN7)-...... --. ........_.. ...__ -- " w 02-11-09 P+w 11323 ROSMARINUS OPFICINALIS 'PROSTRATUS' oPrwlec rmE y: \ \'• (PROSTRATE ROSEMARY) (FIRE RETARDANT) CONCEPTUAL \ NOTE. TOTAL LANDSCAPEAREA:49,117SOFT. LANDSCAPE CONCEPTUAL LANDSCAPE PLAN \ E EXISTUGNATURAL VEGETATION AREA 37,630 SOFT. PLAN SCALE: r—o°=zo'—o° \ J �^ ° PROPOSEDLANDSCAPEAREA:11,487 SOFT s"EEr" N 89°iT29"W 81.1 -- .... ... ......__ . 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