HomeMy WebLinkAboutAGENDA REPORT 2008 0917 CC REG ITEM 09A q . A.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCILBY:
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Deputy City Mana:t/2008)
DATE: September 5, 2008 (CC Meeting of
SUBJECT: Consider Resolution Approving the Use of Standard Conditions of
Approval for Entitlement Projects
BACKGROUND/DISCUSSION
Each entitlement project that the City considers for approval generally has two sets of
conditions, i.e. special conditions specific to the project and standard conditions, which
are included for consideration in the approval process. This process of special and
standard conditions has been used for the last six years with good results; however
there have been some changes to the standard conditions over the years. Staff has
reviewed in detail all of the standard conditions as to form, content and intent to make
sure that the City Council's intent and direction is clear and concise. The conditions
have also been revised to be consistent with state law, City policy, state of the art
relative to development, and to be feasible in implementation. The standard conditions
have also been revised to eliminate duplication, be organized for easy use by staff and
developer and be clearly and concisely worded.
Adoption of the attached resolution will give formal City Council approval of the use of
standard conditions and set the form and content of the standard conditions. These
would then be referenced by the Resolution Number in future project approvals. The
standard conditions would be reviewed on a regular basis, at least annually, to ensure
that no additions, deletions or modifications are necessary.
FISCAL IMPACT
Approval of the use of the proposed standard conditions will have no direct fiscal impact
on the City or its budget.
STAFF RECOMMENDATION
Adopt Resolution No. 2008- approving the use of standard conditions of
approval for entitlement projects.
ATTACHMENT:
1. Resolution No. 2008-
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S:\Community Development\FORMS\Standard Conditions\Agenda Reports\080917 cc rpt.doc
CC ATTACHMENT 1
RESOLUTION NO. 2008 -
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 August 20, 2008, 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 Exhibit 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 day of September, 2008.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachments:
Exhibit A: Standard Conditions of Approval for Subdivisions and Planned
Developments
Exhibit B: Standard Conditions of Approval for Conditional Use Permits
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Resolution No. 2008-
Page
CITY OF MOORPARK
STANDARD CONDITIONS OF APPROVAL
FOR SUBDIVISIONS AND PLANNED DEVELOPMENTS
A. The following conditions shall be required of all projects:
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 three (3) years from the date of its approval. The
Community Development Director may, at his/her discretion, grant up to two (2)
additional one-year extensions 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 (60) 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
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notations, specifications, dimensions, typical sections and the like which may
be shown on said Map and/or plans.
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. 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.
8. If any archeological or historical finds are uncovered during grading or
excavation operations, all grading or excavation shall cease in the immediate
area and the find must be left untouched. The applicant shall assure the
preservation of the site and immediately contact the Community Development
Director informing the Director of the find. 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 by the Community Development
Director. The applicant shall pay for all costs associated with the investigation
and disposition of the find.
9. 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. The
monitoring and data recovery should include periodic inspections of
excavations to recover exposed fossil materials. The cost of this data recovery
is limited to the discovery of a reasonable sample of available material. The
interpretation of reasonableness rests with the Community Development
Director.
10. 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
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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.
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.
11. 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.
12. 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.
13. All residential rentals shall comply with the City's Rental Inspection ordinance.
(This Condition Applies to Residential Projects.)
FEES
14. 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 must be made within sixty (60)
calendar days after the approval of this entitlement.
15. 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.
16. 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
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fees at the current rate 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.
17. 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.
18. 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)
19. 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.
20. 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.
21. 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.
22. 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.
23. 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
the project. The level of fair-share participation will be to the satisfaction of the
City Engineer/Public Works Director based on the traffic report prepared for the
project and the extent of the impact to these intersections.
23. Citywide Traffic: Concurrently with the issuance of a Zoning Clearance for each
building permit, the applicant shall submit to the Community Development
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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. Commencing on
the first of the year of this approval, and annually thereafter, the fee shall be
increased to reflect the change in the Caltrans Highway Bid Price (OR
Engineering News Record Construction Index) for the twelve (12) month period
available on December 31 of the preceding year ("annual indexing"). In the
event there is a decrease in the referenced Index for any annual indexing, the
current amount of the fee shall remain until such time as the next subsequent
annual indexing which results in an increase.
24. 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.
25. 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.
26. 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.
27. 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. 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 Chapter 17.50.
28. Electronic Conversion: In accordance with City policy, the applicant shall
submit to the Community Development Department, City Engineer/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.
29. 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
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and County Administrative Fee, made payable to the County of Ventura, in
compliance with Fish and Game Code and County procedures.
30. 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 staff's 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.
31. 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. (This Condition Applies to Residential
Projects)
32. 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)
33. 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.
34. 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 Franchisee (including, but not limited to, programming
provided over a wireless or satellite system contained within the Project), the
Home Owners Association (HOA) 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
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Moorpark Municipal Code and any successor amendment or supplementary
provision thereto. In the event there is no HOA in the case of an apartment
project, then the property owner shall make the payment.
35. 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.
AFFORDABLE HOUSING REQUIREMENTS (These Conditions Apply to
Residential Projects)
36. 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.
37. 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.
38. Prior to the recordation of the first Final Map 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 this subdivision. 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.
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B. Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
39. 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
requirements. (This Condition Applies to Commercial/Industrial Projects)
40. 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 Projects)
41. 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 Projects)
42. 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)
43. 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 Projects)
44. Roof-mounted equipment and other noise generation sources on-site must be
attenuated to 45 decibels (d BA) 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)
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45. 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)
46. 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)
47. No exterior roof access ladders are permitted. (This Condition Applies to
Commercial/Industrial and Multi-family Residential Projects)
48. 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/Public Works Director and the City Attorney. (This
Condition Applies to Commercial/Industrial Projects)
49. 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)
50. 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)
51. All parking areas must be surfaced with asphalt or concrete 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 and loading
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)
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52. The Building Plans must be in substantial conformance to the plans approved
under this entitlement and must specifically include the following:
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 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. 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/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)
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53. 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.
54. 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
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.
55. 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 Single-family Residential Projects)
56. 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.
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)
57. 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 sub-outs.
(This Condition Applies to Residential Projects)
58. When required by Title 15 of the Moorpark Municipal Code, 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/Public Works Director.
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OPERATIONAL REQUIREMENTS
59. 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. (This Condition
Applies to Commercial/Industrial Projects)
60. All uses and activities must be conducted inside the building(s) unless
otherwise authorized by the Community Development Director consistent with
applicable Zoning Code provisions.(This Condition Applies to
Commercial/Industrial Projects)
61. 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)
62. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
63. 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)
64. No noxious odors may be generated from any use on the subject site. (This
Condition Applies to Commercial/Industrial Projects)
65. 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)
66. Should continued compliance with these Conditions of Approval not be met, the
Community Development Director may 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
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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). (This Condition Applies
to Commercial/Industrial and Multi-family Residential Projects)
67. 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)
68. 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 Vehicle Codes on the subject property as permitted by
the Vehicle Code. (This Condition Applies to Commercial/Industrial
Projects)
69. 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/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.
70. 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)
71. 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)
72. 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 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.
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LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS
73. 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/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/Public Works Director, and approval by
the Community Development Director prior to issuance of a Zoning Clearance
for building permit, is required.
74. 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
latest adopted Tree Ordinance.
75. 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)
76. Prior to the issuance of a Zoning Clearance for final building permit
(occupancy) the applicant shall install front yard landscaping, including sod and
an automatic irrigation system, as approved on the landscape plans. (This
Condition Applies to Single-family Residential Projects)
77. 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)
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78. 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.
79. 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.
80. 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.
81. All required landscape easements must be clearly shown on the Final Map or
on other recorded documents if there is no Final Map.
82. 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 and will be considered a violation of the Conditions of
Approval. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
83. When available, use of reclaimed water is required for landscape areas subject
to the approval of the Community Development Director, the City
Engineer/Public Works Director and Ventura County Waterworks District No. 1.
84. 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/Public Works Director for review and approval prior to the
issuance of a building permit.
85. All landscaping must be maintained in a healthy and thriving condition, free of
weeds, litter and debris.
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86. Prior to the issuance of Zoning Clearance for occupancy, all fences/walls along
lot boundaries must be in place, unless an alternative installation is approved
by the Community Development Director.
87. 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 the tri-party maintenance agreement for the
life of the project.
C. Please contact the ENGINEERING DIVISION for compliance with the
following conditions:
GENERAL
88. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the latest California Building
Code as adopted by the City of Moorpark and in conformance with the latest
"Land Development Manual" and "Road Standards" as promulgated by Ventura
County; "Hydrology Manual" and "Design Manual" as promulgated by Ventura
County Watershed Protection District; "Standard Specifications for Public
Works Construction" as published by BNI (except for signs, traffic signals and
appurtenances thereto which must conform to the provisions of Chapter 56 for
signs and Chapter 86 for traffic signals, and appurtenances thereto, of the
"Standard Specifications," most recent edition, including revisions and errata
thereto, as published by the State of California Department of Transportation).
89. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the most recent "Engineering
Policies and Standards" of the City of Moorpark as adopted by resolution, and
"Policy of Geometric Design of Highways and Streets," most recent edition, as
published by the American Association of State Highway and Transportation
Officials. In the case of conflict between the standards, specifications and
design manuals listed herein and above, the criteria that provide the higher
lever of quality and safety prevail. 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/Public Works Director.
90. 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.
91. A 15-mile per hour speed limit must be observed within all construction areas.
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92. 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/Public Works
Director must be notified immediately. Work may not proceed until clearance
has been issued by all of these agencies.
93. The applicant and/or property owner shall provide verification to the City
Engineer/Public Works Director that all on-site storm drains have been cleaned
at least twice a year, once immediately prior to October 1 st (the rainy season)
and once in January. Additional cleaning may be required by the City
Engineer/Public Works Director depending upon site and weather conditions.
(This Condition Applies to Commercial/Industrial and Multi-family
Residential Projects)
94. 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)
95. 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.
96. 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/Public Works Director.
97. 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.
4 • 'r�)
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98. The applicant shall comply with Chapters 9.28, 10.04, 12.24, and 17.53 of the
Moorpark Municipal Code as a standard requirement for construction noise
reduction.
99. 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.
100. The applicant shall post, in a conspicuous location, the construction hour
limitations and make each construction trade aware of the construction hour
limitations.
GRADING
101. All grading and drainage plans must be prepared and in responsible charge 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/Public
Works Director. Prior to or concurrently with the submittal of a grading plan the
applicant shall submit a soils (geotechnical) report.
102. Grading must conform to the standards contained in Chapter 17.38 Hillside
Management of the Moorpark Municipal Code. 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.
103. 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/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.
104. 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/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
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Department of Conservation, Division of Oil, Gas, and Geothermal Resources
requirements.
105. Prior to issuance of a grading permit, final approved soils and geology reports
must be submitted to the City Engineer/Public Works Director's office. 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/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.
106. Prior to issuance of the grading permit, a grading remediation plan and report
must be submitted for review and approval of the City Engineer/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.
107. Prior to issuance of the grading permit, the 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/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/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.
108. 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.
109. Prior to issuance of a grading permit, a qualified, currently registered
Professional Civil Engineer in in good standing in the State of California shall
be retained to prepare Erosion and Sediment Control Plans in conformance
with the currently issued Ventura County Municipal Strom Water NPDES
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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/Public Works Director is required.
110. Prior to the import or export of more than one hundred (100) truckloads or one
thousand cubic yards (1,000 cu. yds.), whichever is less, a Haul Route Permit
in conformance with the City of Moorpark Engineering Policies and Standards
is required.
111. 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 to be 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/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/Public Works Director and Community Development Director.
112. 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/Public Works Director.
113. During grading, the 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/Public Works Director to be kept on file. Cuts
and slopes must be observed and mapped by the project geotechnical and civil
engineers who will provide any required slope modification recommendations
based on the actual geologic conditions encountered during grading. Written
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approval from the City Engineer/Public Works Director must be obtained prior
to any modification.
114. Weekly progress reports and a grading completion report must be submitted to
the City Engineer/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.
115. 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.
116. 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/Public Works Director.
117. Temporary irrigation, hydroseeding and erosion control measures 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.
118. 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.
119. All graded slopes steeper that 5:1 (horizontal:vertical) must have soil
amendments added, irrigation systems installed and be planted in a timely
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manner with groundcover, trees and shrubs (consistent with the approved
landscape and irrigation plans) to stabilize slopes and minimize erosion. Timely
manner means that the slope soil amendments, irrigation systems and planting
on each slope must commence immediately upon the completion of the grading
of each slope, that the completion of slope grading will not be artificially delayed
and that the slope soil amendments, irrigation systems and planting must be
completed on a schedule commensurate with the grading. The planting will be
to the satisfaction of the Community Development Director and the City
Engineer/Public Works Director.
120. 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/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 and the City Engineer/Public Works Director.
121. 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).
122. Backfill of any pipe or conduit must be in four-inch (4") fully compacted layers
unless otherwise specified, in writing, by the City Engineer/Public Works
Director.
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123. 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.
124. Prior to issuance of each building permit, the geotechnical and/or soils engineer
shall submit an as-graded geotechnical report and a rough grading certification
for said lot and final soils report compiling all soils reports, addendums,
certifications, and testing on the project for review and approval by the City
Engineer/Public Works Director.
125. Prior to issuance of the first building permit, the applicant's engineer shall
certify that the grading and improvements have been completed, as noted on
the original approved plans and any subsequent change orders.
126. When required by the Community Development Director and/or the City
Engineer/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.
127. 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.
128. 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:
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• use of sulfate-resistant concrete; and
• use of protective linings to encase metallic piping buried in soils warranting
such measures.
129. Engineered fills must be constructed in compliance with the standards and
criteria presented in the approved geotechnical report. The differential
thickness of the fill under individual buildings may not be greater than ten (10)
feet. These measures must be verified by construction observation and testing
by the project geotechnical engineer as outlined in the final geotechnical
reports.
130. 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.
131. 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/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
132. 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 corner and street centerline
intersection, tangent point, and terminus be monumented with Ventura County
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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.
133. 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/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/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.
134. Prior to or concurrently with the submittal of the Final Map, the applicant shall
provide written evidence to the City Engineer/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.
135. 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. 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.
136. Prior to Final Map approval, the applicant shall obtain City Engineer/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
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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/Public Works Director. 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.
137. Prior to Final Map approval, the applicant shall post sufficient surety in a form
and in an amount acceptable to the City Engineer/Public Works Director
guaranteeing the payment of laborers and materialsmen in an amount no less
than fifty percent (50%) of the faithful performance surety.
138. Prior to Final Map approval and upon submittal of the Final Map Mylar@ sheets,
the applicant shall provide the City Engineer/Public Works Director electronic
files of the Final Map, complete in every fashion except for signatures, in a
format satisfactory to the City Engineer/Public Works Director.
139. 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/Public Works Director.
140. 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/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.
141. 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
142. Prior to construction of any public improvement, the applicant shall submit to
the City Engineer/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
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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.
143. Prior to issuance of the first building permit, all existing and proposed utilities,
including electrical transmission lines less than 67Kv, must be under-grounded
as approved by the City Engineer/Public Works Director.
144. 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 (6) clear sidewalk width must be provided
around the obstruction. Above-ground obstructions may not be located within
or on multi-purpose trails.
145. Prior to final inspection of improvements, the applicant's 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/Public Works Director along with electronic files in a format
satisfactory to the City Engineer/Public Works Director. These "record drawing"
plans must incorporate all plan revisions and all construction deviations from
the approved plans and revisions thereto. The as-built 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.
146. 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.
147. Prior to reduction of improvement bonds, the applicant must submit
reproducible centerline tie sheets on 3-mil polyester film to the City
Engineer/Public Works Director.
148. All streets must conform to the latest City of Moorpark Engineering Policies and
Standards using Equivalent Single Axle Loads (ESAL) for a fifty (50) year term
for public streets and ESAL for a twenty (20) year term on private streets. The
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geotechnical or soil reports must address the need for possible sub-drainage
systems to prevent saturation of the pavement structural section or underlying
foundation.
149. All streets must be designed and constructed to the required structural section
in conformance with the latest City of Moorpark Engineering Policies and
Standards. An additional one and one-half inch (1-1/2") thick rubberized
asphalt pavement must be added to the structural section. This additional
pavement may not be used in determining the required structural section.
150. When required by the City Engineer/Public Works Director, the applicant shall
provide for future use 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/Public Works Director.
DRAINAGE AND HYDROLOGY
151. Prior to approval of a grading plan, the applicant shall submit to the City of
Moorpark for review and approval by the City Engineer/Public Works Director,
drainage plans with the depiction and examination of all on-site and off-site
drainage structures and hydrologic and hydraulic calculations in a bound and
indexed report prepared by a California Registered Civil Engineer.
152. 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/Public Works Director. The applicant shall make any on-site
and downstream improvements, required by the City, to support the proposed
development.
153. 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.
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154. Local residential and private streets must be designed to have 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.
155. 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.
156. 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.
157. No pressure manholes are allowed unless specifically approved by the City
Engineer/Public Works Director.
158. Pressure flow in storm drain systems requires prior approval of the City
Engineer/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.
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/Public Works Director.
163. Only drainage grates of a type approved by the City Engineer/Public Works
Director may be used at locations accessible by pedestrian, bicycle or
equestrian traffic.
164. Reinforced Concrete Pipe (RCP) D-LOAD only must be shown on improvement
plans and delivered to project site with D-LOAD specified on the RCP.
165. When deemed appropriate by the City Engineer/Public Works Director, the
grading plan must show distinctive lines of inundation delineating the 50- and
100-year flood levels.
166. All flows that have gone through flow attenuation and clarification by use of
acceptable Best Management Practice Systems and are flowing within brow
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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/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 approval by the City Engineer/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/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/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/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/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.
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173. Storm drain systems must be constructed per the current Ventura County
Watershed Protection District Standard Design Manual, City of Moorpark
Standards and to the satisfaction of the City Engineer/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/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 issuance of any construction/grading permit and/or the
commencement of any qualifying grading or excavation, the applicant shall
prepare and submit a Stormwater Pollution Control Plan (SWPCP), on the form
established in the Ventura Countywide Stormwater Quality Management
Program. The SWPCP must address the construction phase compliance to
stormwater quality management regulations for the project. The SWPCP,
improvement plans and grading plans must note that the contractor shall
comply with the California Best Management Practices Construction Handbook,
published by the California Stormwater Quality Association. The SWPCP must
be submitted, with appropriate review deposits, for the review and approval of
the City Engineer/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.
176. The SWPCP must include provisions for modification of BMPs as the project
progresses and as conditions warrant. The City Engineer/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/Public Works
Director and accepted by the Los Angeles Regional Water Quality Control
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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.
177. Prior to the issuance of any construction/grading permit and/or the
commencement of any qualifying, grading or excavation, the applicant for
projects with facilities identified as subject to the State Board General Industrial
and Commercial permits shall prepare and submit a Stormwater Pollution
Prevention Plan (SWPPP). The SWPPP must address post-construction
compliance with stormwater quality management regulations for the project.
The SWPPP, improvement plans and grading plans must note that the
contractor shall comply with the latest edition of the California Best
Management Practices New Development and Redevelopment Handbook,
published by the California Stormwater Quality Association. The SWPPP must
comply with the Ventura Countywide Stormwater Quality Management Program
Land Development Guidelines, Technical Guidance Manual for Stormwater
Quality Control Measures, and the Stormwater Management Program (SMP) to
develop, achieve, and implement a timely, comprehensive, cost effective
stormwater pollution control program to reduce pollutants to the maximum
extent practicable. The SWPPP must be prepared in compliance with the form
and format established in the Ventura Countywide Stormwater Quality
Management Program, and submitted, with appropriate review deposits, for the
review and approval of the City Engineer/Public Works Director. The proposed
plan must also address all relevant NPDES requirements, maintenance
measures, estimated life spans of Best Management Practices facilities,
operational recommendations and recommendations for specific Best
Management Practices technology, including all related costs. The use of
permanent dense ground cover planting approved by the City Engineer/Public
Works Director and Community Development Director is required for all graded
slopes. Methods of protecting the planted slopes from damage must be
identified. Proposed management efforts during the lifetime of the project must
include best available technology. "Passive" and "natural" BMP drainage
facilities are to be provided such that surface flows are intercepted and treated
on the surface over biofilters (grassy swales), infiltration areas and other similar
solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or
similar "active" devices is not acceptable and may not be used without specific
prior approval of the City Engineer/Public Works Director. 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
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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.
178. 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/Public
Works Director as proof of permit application. The improvement plans and
grading plans shall contain the WDID number for the project.
179. Prior to the starting of grading or any ground disturbance the applicant shall
identify a qualified superintendent for NPDES compliance. The NPDES
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 NPDES superintendent shall have full authority
to rent equipment and purchase materials to the extent needed to effectuate
Best Management Practice. The NPDES superintendent shall provide proof of
attendance and satisfactory completion of courses satisfactory to the City
Engineer/Public Works Director totaling no less than eight (8) hours directed
specifically to NPDES compliance and effective use of Best Management
Practice. In addition, an NPDES superintendent shall be designated to assume
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NPDES compliance during the construction of streets, storm drainage systems,
all utilities, buildings and final landscaping of the site.
180. Engineering and geotechnical or soils reports must be provided to prove, to the
satisfaction of the City Engineer/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.
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."
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
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vertical clearance of thirteen feet-six inches (13'-6") and a minimum outside
turning radius of forty feet (40').
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 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.
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. Structures greater than 5,000 square feet and/or five (5) miles from a fire
station 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 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
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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.
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
Commercial/Industrial and Multi-family Residential Projects)
204. Prior to issuance of a building permit the applicant must submit a phasing plan
and two (2) site plans (for the review and approval of the location of fire lanes)
to the Fire District.
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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
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:
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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.
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.
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Exhibit B
CITY OF MOORPARK
STANDARD CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMITS
The following conditions shall be required of all projects:
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. 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
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 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.
3. 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 Map
and/or plans.
4. 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.
5. 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.
6. 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
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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. 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.
7. 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.
8. 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
9. 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.
10. 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.
11. Electronic Conversion: In accordance with City policy, the applicant shall
submit to the Community Development Department, City Engineer/Public
Works Director and the Building and Safety Division the City's electronic image
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conversion fee for entitlement/condition compliance documents; Final Map/
engineering improvement plans/permit documents; and building plans/permit
documents, respectively.
12. Fish and Game: Within two (2) business days after the City Council/Planning
Commission adoption of a resolution approving this project, the applicant shall
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.
13. 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
14. 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
15. 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.
16. 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.
A
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OPERATIONAL REQUIREMENTS
17. 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.
18. All uses and activities must be conducted inside the building(s) unless
otherwise authorized by the Community Development Director and consistent
with applicable Zoning Code provisions.
19. 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.
20. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
21. 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.
22. No noxious odors may be generated from any use on the subject site.
23. The applicant and his/her successors, heirs, and assigns shall remove any
graffiti within seventy-two hours from written notification by the City of
Moorpark. All such graffiti removal shall be accomplished to the satisfaction of
the Community Development Director.
24. Should continued compliance with these Conditions of Approval not be met the
Community Development Director may 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).
25. 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.
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26. 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.
27. 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.
28. 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.
29. 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 and will be considered a violation of the Conditions of
Approval.
30. 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. 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
J S'
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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
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 17.44.080.B 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 may be amended 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.
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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.
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."
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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
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.
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