HomeMy WebLinkAboutAGENDA REPORT 2008 1105 CC REG ITEM 08BITEM
S. B.
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
of 0.5,-01009,
AC
a - A 10
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council )
FROM: David A. Bobardt, Planning Director
Prepared By: Freddy A. Carrillo, Assistant Planner
DATE: October 24, 2008 (CC Meeting of 11/05/2008)
SUBJECT: Consider Resolution Approving Tentative Tract Map No. 5869;
a Request to Subdivide an Approved 78,939 Square -Foot
Medical Office Building into Condominium Office Units, to
Allow the Sale or Lease of Individual Office Suites within the
Building, Located at 635 Los Angeles Avenue, on the
Application of Karl Hinderer (Grand Moorpark, LLC)
BACKGROUND /DISCUSSION
On June 6, 2008, an application was filed by Karl Hinderer on behalf of Grand
Moorpark, LLC for Tentative Tract Map No. 5869; a request to subdivide the
78,939 square -foot medical office building into condominium office units for sale
or lease, located at 635 Los Angeles Avenue (on the north side of Los Angeles,
between Shasta Avenue and Leta Yancy Road). The referenced medical office
building has not yet been constructed. On October 14, 2008, the Planning
Commission adopted Resolution PC- 2008 -536, recommending approval of the
office condominium subdivision with conditions. A full analysis of this project is
provided in the attached Planning Commission agenda report. The tract map for
condominium purposes will not affect or change the architecture, setbacks,
building height, circulation or vehicle access as reviewed and approved by the
City Council under Commercial Planned Development Permit No. 2005 -04. Staff
recently approved a second, one (1) year time extension of Commercial Planned
Development Permit No. 2005 -04, which extended the expiration of the CPD to
October 18, 2009. Since the Planning Commission meeting, staff has added
Planning Division Special Condition No. 2 to the proposed resolution, which
requires, prior to issuance of a zoning clearance for approval of recordation of
the final map, that the project must have a valid Commercial Planned
W0002
Honorable City Council
November 5, 2008
Page 2
Development permit. The proposed subdivision of the office building into for sale
office units is a suitable use of the property with no additional impacts on the
surrounding area.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. 2008- approving Tentative Tract Map No. 5869.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Tentative Tract Map 5869 (Under Separate Cover)
4. Planning Commission Agenda Report of 10/14/08 (Without Attachments)
5. Draft Resolution with Conditions of Approval
\ \mor_pri_sery \City Share \Community Development\DEV PMTS \T T M \5869 DRC Valencia\Agenda Reports\MOORPARK r'
CITY COUNCIL.doc "00003
r I
n
c [ten %wn TYe
L
T
87121 -
M—park
Tentative Tract Map 5869
635 Los Angeles Avenue
Location Map
Tentative Tract Map 5869
635 Los Angeles Avenue
CC ATTACHMENT 1
to
11 11 Will g.. ,1 1
+itn
fi
�r
w.
_[4M. ■ J 1T•Ti USTOT F. re
AU M NA
a
lam
MME
* t
t
`xr 1JE1L _Al L3:.Fd._.__L W
TENTATIVE TRACT MAP 5869
(under separate cover)
CC ATTACHMENT 3
000006
ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director o,
Prepared by Freddy A. Carrillo, Assistant Planner 1
DATE: September 24, 2008 (PC Special Meeting of 10,14/08)
SUBJECT: Consider Tentative Tract Map No. 5869; A Request to Subdivide an
Approved 78,939 Square -Foot Medical Office Building into
Condominium Units, to Allow the Sale or Lease of Individual Office
Suites within the Building, Located at 635 Los Angeles Avenue, on
the Application of Karl Hinderer (Grand Moorpark, LLC)
BACKGROUND
On June 6, 2008, an application was filed by Karl Hinderer on behalf of Grand
Moorpark, LLC for Tentative Tract Map No. 5869; a request to subdivide the 78,939
square -foot medical office building into condominium units for sale or lease, located at
635 Los Angeles Avenue (between Shasta Avenue and Leta Yancy Road).
DISCUSSION
Project Setting
Existing Site Conditions:
The 4.0 acre vacant lot is located on the north side of Los Angeles Avenue, west of
Shasta Avenue, between the Mission Bell Plaza shopping center on the east, and
existing Single - Family homes to the north and west.
Previous Applications:
On October 18, 2006, the City Council adopted Resolution No. 2006 -2526 approving
CPD No. 2005 -04 for a two -story 78,939 square -foot medical office building on the
project site. The applicant has filed for extensions while processing plans through plan
check. The applicant anticipates starting construction by the end of the 2008 calendar
year.
CC ATTACHMENT 4 000007
Honorable Planning Commission
October 14, 2008
Page 2
GENERAL PLAN/ZONING
Direction
General Plan
Zoning
Land Use
Site
C -2 General
CO Commercial
Commercial
.... ..
Office
Vacant Lot
Medium Density
... .. ..... _
R -1 -8
..
North
Residential
Single Family
Detached Single
4 DU /Acre
...
8,000 s ft. min
. .a .. ........
Family Houses
RPD -7U
High Density
Residential
South
Residential 7
Planned
Vacant lot
DU /Acre
Development — 7
units / acre
East
C -2 General
CPD Commercial
Planned
Mission Bell Plaza
Commercial
Development
Shopping Center
Medium Density
R-1-8
West
Residential
Single Family
Detached Single
4 DU/ Acre
8,000 s . ft. min
Family Houses
General Plan and Zoning Consistency_:
The applicant's proposal is consistent with the Zoning classification and General Plan
land use designation.
Proposed Project
Tentative Tract Map No. 5869 is proposed to subdivide the approved office building to
create condominium office units with common parking, corridors, lobbies, and other
facilities. This would allow the sale or lease of individual suites for medical or other
offices. A property owners association with Covenants, Conditions, and Restrictions will
be established to ensure common access, parking and maintenance responsibilities.
ANALYSIS
The proposed subdivision will not affect or change the architecture, setbacks, building
height, or access as reviewed and approved with CPD 2005 -04. The primary intent of
the subdivision is for condominium purposes, so that the owner of the medical office
building and future tenants will be able to purchase, sell or lease individual office units
to medical service providers. The CPD 2005 -04 project was originally conditioned to
provide reciprocal access and the recommended standard condition number thirteen
(13) of the proposed Planning Commission Resolution to approve TTM 5869, states the
following:
4400008
SACommunity Development\DEV PMTS \T T M \5869 DRC Valencia\Agenda Reports \MOORPARK PLANNING COMMISSION.doc
Honorable Planning Commission
October 14, 2008
Page 3
Prior to Final Map approval, Permitted shall submit for review by City Attorney,
Planning Director and City Engineer an operational agreement and easement or
other acceptable document as determined by the Planning Director for the
purposes of ensuring uniformity and consistency of maintenance of parking,
landscaping and lighting, and reciprocal access and parking within all TTM No.
5869 lots and maintenance of landscaping along the street frontages. The
operational agreement and easement shall be recorded concurrently with Final
Map recordation.
This will ensure adequate parking remains in place for all users of the building based on
the gross floor area of the building and not on individual tenant requirements.
Findings
Subdivision Findings:
A. The proposed map is consistent with the General Commercial general plan land
use designation and Commercial Office zoning designation. .
B. The design and improvements of the proposed subdivision to allow the creation
of condominium office units within the approved office building is consistent with
the City of Moorpark General Plan land use designation of general commercial.
C. The site is physically suitable for the type of development proposed in that the
site can be engineered to allow for all required utilities to be brought to the site,
adequate ingress and egress can be obtained, and the site can be provided with
public and emergency services.
D. The site is physically suitable for the proposed density of development, in that all
City development standards would be met by the proposed project.
E. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage, in that all potential impacts would be
mitigated through project design or conditions.
F. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems, in that adequate sanitation is both feasible
and required as a condition of this development.
G. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large, for access through, or use of the
property within the proposed subdivision, in that full access to and from Los
Angeles Avenue has been incorporated in the design of this project.
H. There will be no discharge of waste from the proposed subdivision into an
existing community sewer system in violation of existing water quality control
requirements under Water Code Section 13000 et seq.
4100009
SACommunity Development\DEV PMTS \T T M \5869 DRC Valencia\Agenda Reports \MOORPARK PLANNING COMMISSION.doc
Honorable Planning Commission
October 14, 2008
Page 4
The proposed subdivision does not front upon a public waterway as defined in
California Government Code Section 66478.1 et seq.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable
provisions of these regulations, the following timelines have been established for action
on this project:
Date Application Determined Complete: October 2, 2008
Planning Commission Action Deadline: November 21, 2008
City Council Action Deadline: 30 Days after Planning Commission Action
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution,
the Planning Director determines the level of review necessary for a project to comply
with the California Environmental Quality Act (CEQA). Some projects may be exempt
from review based upon a specific category listed in CEQA. Other projects may be
exempt under a general rule that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect upon the environment.
A project which does not qualify for an exemption requires the preparation of an Initial
Study to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will
not have a significant effect upon the environment. In such a case, a Notice of Intent to
Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For
many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be
sufficient environmental documentation. If the Director determines that a project has
the potential for significant adverse impacts and adequate mitigation can not be readily
identified, an Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15332 (Class 32) of the California Code of Regulations (CEQA
Guidelines) as an In -fill Development Project. No further environmental documentation
is required.
0010010
SACommunity Development\DEV PMTS \T T M \5869 DRC Valencia\Agenda Reports \MOORPARK PLANNING COMMISSION.doc
Honorable Planning Commission
October 14, 2008
Page 5
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC -2008- recommending to the City Council
conditional approval of Tentative Tract Map No. 5869.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Site Plan/Tentative Tract Map No. 5869 (Under Separate Cover)
4. Draft PC Resolution with Special and Standard Conditions of Approval
400011
SACommunity Development \DEV PMTS \T T M \5869 DRC Valencia\Agenda Reports\MOORPARK PLANNING COMMISSION.doc
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT
MAP NO. 5869, A 78,939 SQUARE -FOOT OFFICE
CONDOMINIUM PROJECT ON A 4.0 ACRE PARCEL, LOCATED
AT 635 LOS ANGELES AVENUE, ON THE APPLICATION OF
KARL HINDERER (GRAND MOORPARK, LLC)
WHEREAS, on October 14, 2008, the Planning Commission adopted
Resolution No. PC- 2008 -556, recommending conditional approval of Tentative
Tract Map No. 5869 on the application of Karl Hinderer (Grand Moorpark, LLC) to
subdivide an approved 78,939 square foot office building into individual office
units for sale and lease, located on the north side of Los Angeles Avenue at 635
Los Angeles Avenue; and
WHEREAS, at a duly noticed public hearing held on November 5, 2008,
the City Council considered the agenda report and any supplements thereto and
any written public comments; opened the public hearing, took and considered
public testimony both for and against the proposal, closed the public hearing, and
reached a decision on this matter: and
WHEREAS, the City Council concurs with the Planning Director's
determination that this project is Categorically Exempt from the provisions of
CEQA pursuant to Section 15332 as a Class 32 exemption for Infill Development
Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. SUBDIVISION MAP ACT FINDINGS: Based on the
information set forth in the staff report(s) and accompanying maps and studies
the Planning Commission has determined that the Tentative Tract Map, with
imposition of the attached special and standard Conditions of Approval, meets
the requirements of California Government Code Sections 66473.5, 66474,
66474.6, and 66478.1 et seq., in that:
A. The proposed map is consistent with the General Commercial general
plan land use designation and Commercial Office zoning designation.
B. The design and improvements of the proposed subdivision to allow the
creation of condominium office units within the approved office building is
consistent with the City of Moorpark General Plan land use designation of
general commercial.
C. The site is physically suitable for the type of development proposed in that
the site can be engineered to allow for all required utilities to be brought to
000012
CC ATTACHMENT 5
Resolution No. 2008 -
Page 2
the site, adequate ingress and egress can be obtained, and the site can
be provided with public and emergency services.
D. The site is physically suitable for the proposed density of development, in
that all City Development standards would be met by the proposed
project.
E. The design of the subdivision and the proposed improvements are not
likely to cause substantial environmental damage, in that all potential
impacts would be mitigated through project design or conditions.
F. The design of the subdivision and the type of improvements are not likely
to cause serious public health problems, in that adequate sanitation is
both feasible and required as a condition of this development.
G. The design of the subdivision and the type of improvements will not
conflict with easements acquired by the public at large, for access
through, or use of the property within the proposed subdivision, in that full
access to and from Los Angeles Avenue has been incorporated in the
design of this project.
H. There will be no discharge of waste from the proposed subdivision into an
existing community sewer system in violation of existing water quality
control requirements under Water Code Section 13000 et seq.
The proposed subdivision does not front upon a public waterway as
defined in California Government Code Section 66478.1 et seq.
SECTION 2. CITY COUNCIL APPROVAL: The City Council hereby
approves Tentative Tract Map No. 5869, subject to Special and Standard
Conditions of Approval attached hereto and incorporated herein as Exhibit A.
SECTION 3. The City Clerk shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in the book of original
resolution.
PASSED, AND ADOPTED this 5th day of November, 2008.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A — Special and Standard Conditions of Approval for Tentative Tract
Map No. 5869
000013
Resolution No. 2008-,
Page 3
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR TENTATIVE TRACT MAP NO. 5869
SPECIAL CONDITION OF APPROVAL FOR TENTATIVE TRACT MAP NO.
5869
Please contact the PLANNING DIVISION regarding the following conditions:
1. All conditions of approval of City Council Resolution No. 2006 -2526,
approving Commercial Planned Development 2005 -04, shall continue to
apply, except as revised herein.
2. Prior to issuance of a zoning clearance for approval of recordation of the
final map, the project must have a valid Commercial Planned
Development permit.
Please contact the ENGINEERING DIVISION for questions regarding
compliance with the following conditions:
1. Applicant shall meet all necessary codes and requirements necessary as
part of any flood zone conditions prior to approval of the Final Map to the
satisfaction of the City Engineer.
2. There is an existing Edison easement on the subject site that encumbers
the building footprint. The applicant shall determine disposition of the
subject easement from Edison and said easement shall be moved,
abandoned, or allowed to remain in place pending authorization from
Edison and said disposition shall be reviewed and approved by the City
Engineer prior to Final Map approval.
3. Applicant shall dedicate to the City all sidewalk improvements along Los
Angeles Avenue extending within private property to the satisfaction of the
City Engineer prior to approval of Final Map.
4. Prior to the issuance of a zoning clearance for final map, the applicant
shall provide a reservation on the final map for mutual reciprocal access
and parking for the benefit of the future owners to the satisfaction of the
City Engineer and Planning Director.
000014
Resolution No. 2008 -
Page 4
STANDARD CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP
NO. 5869
Please contact the PLANNING DIVISION regarding the following conditions:
GENERAL REQUIREMENTS
5. The Conditions of Approval of this Tentative Tract Map and all provisions
of the Subdivision Map Act, City of Moorpark Municipal Ordinance and
adopted City policies supersede all conflicting notations, specifications,
dimensions, typical sections and the like which may be shown on said
map. Within 30 days following City Council approval of Tentative Tract
Map No. 5869, the Permittee shall submit a conforming Tentative Tract
Map that complies with all Conditions of Approval, provisions of the
Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted
City policies, to the satisfaction of the City Engineer and Planning Director.
6. Recordation of this subdivision shall be deemed to be acceptance by the
subdivider and his /her heirs, assigns, and successors of the conditions of
this Map. A notation, which references Conditions of Approval, shall be
included on the Final Map in a format acceptable to the Planning Director.
7. This Tentative Tract Map shall expire three (3) years from the date of its
approval. The Planning Director may, at his /her discretion, grant up to two
(2) additional one (1) year extension for map recordation, if there have
been no changes in the adjacent areas, and if Permittee can document
that he /she has diligently worked towards map recordation during the
initial period of time. The request for extension of this entitlement shall be
made in writing, at least thirty (30) days prior to the expiration date of the
Map.
8. The subdivider shall defend, indemnify and hold harmless the City and its
agents, officers and employees from any claim, action or proceeding
against the City or its agents, officers or employees to attack, set aside,
void, or annul any approval by the City or any of its agencies,
departments, commissions, agents, officers, or employees concerning the
subdivision, which claim, action or proceeding is brought within the time
period provided therefore in Government Code Section 66499.37. The
City will promptly notify the subdivider of any such claim, action or
proceeding, and, if the City should fail to do so or should fail to cooperate
fully in the defense, the subdivider shall not thereafter be responsible to
defend, indemnify and hold harmless the City or its agents, officers and
employees pursuant to this condition.
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:
000015
Resolution No. 2008 -
Page 5
The City bears its own attorney fees and costs,
ii. The City defends the claim, action or proceeding in good
faith.
b. The subdivider shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
subdivider approves the settlement. The subdivider's obligations
under this condition shall apply regardless of whether a Final Map
or Tract Map is ultimately recorded with respect to the subdivision.
9. If any of the conditions or limitations of this approval are held to be invalid,
that holding shall not invalidate any of the remaining conditions or
limitations set forth.
10. The map shall be submitted in accordance with County Ordinance No.
3982 entitled "An Ordinance of the Ventura County Board of Supervisors
Requiring New Subdivision Records to be Included in the County's
Computer -Aided Mapping System and Establishing Related Fees."
11. Prior to recordation, the subdivider, shall pay a fee to the City Clerk's
Department to scan the Final Map and other improvement plans as
required by the Planning Director into the City's electronic imaging system.
12. Prior to application for grading permit and submittal of a Final Map for plan
check, the Permittee shall pay all outstanding case processing (Planning
and Engineering), and all City legal service fees. The Permittee or
successors in interest shall also submit to the Department of Community
Development a fee to cover costs incurred by the City for Condition
Compliance review for a Final Map.
13. Prior to Final Map approval, Permittee shall submit for review by City
Attorney, Planning Director and City Engineer an operational agreement
and easement or other acceptable document as determined by the
Planning Director for the purposes of ensuring uniformity and consistency
of maintenance of parking, landscaping and lighting, and reciprocal
access and parking within all TTM No. 5869 lots and maintenance of
landscaping along the street frontages. The operational agreement and
easement shall be recorded concurrently with Final Map recordation.
Please contact the VENTURA COUNTY FLOOD CONTROL DISTRICT
regarding the following condition:
14. The project shall control and manage storm runoff to prevent any potential
impacts downstream, which might arise from the effect of the
development.
000016
Resolution No. 2008-.
Page 6
Please contact the ENGINEERING DIVISION for questions regarding
compliance with the following conditions:
15. All conditions of Tentative Tract Map No. 5869 shall apply to Commercial
Planned Development 2005 -04.
FINAL MAP CONDITIONS
16. The Developer shall post sufficient surety guaranteeing completion of all
on and off -site civil and landscaping site improvements within the
development and offsite improvements required by the conditions as
described herein (i.e. grading, street improvements, storm drain
improvements, landscaping, fencing, bridges, etc.) or which require
removal (i.e., access improvements, landscaping, fencing, bridges, etc.) in
a form acceptable to the City. Onsite lighting facilities need not be bonded.
17. The Developer shall indicate in writing to the City the disposition of any
wells that may exist within the project. If any wells are proposed to be
abandoned, or if they are abandoned and have not been properly sealed,
they must be destroyed or abandoned per Ventura County Ordinance No.
2372 or Ordinance No. 3991 and per Division of Oil and Gas
requirements. Permits for any well reuse (if applicable) shall conform to
Reuse Permit procedures administered by the County Water Resources
Development Department.
18. Prior to any work being conducted within any State, County, or City right of
way, the Developer shall obtain all necessary encroachment permits from
the appropriate Agencies. Copies of these approved permits shall be
provided to the City Engineer.
19. If any hazardous waste is encountered during the construction of this
project, all work shall be immediately stopped and the Ventura County
Environmental Health Department, the Fire Department, the Sheriffs
Department, and the City Construction Observer shall be notified
immediately. Work shall not proceed until clearance has been issued by
all of these agencies.
20. The Developer shall utilize all prudent and reasonable measures
(including installation of a 6 -foot high chain link fence around the
construction sites 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.
21. The Subdivider shall submit to the Department of Community
Development and the City Engineer for review a current title report, which
clearly identifies all interested parties and lenders included within the limits
of the subdivision, as well as, any easements that affect the subdivision.
22. Any mapping that requires review and approval by the County of Ventura
shall be concurrently submitted to the City Engineer for review and
0 0001`
Resolution No. 2008 -
Page 7
approval. Subdivider shall be responsible for all associated fees and
review costs.
23. A Final Tract Map prepared by a California Registered Engineer meeting
all of the provisions of the Subdivision Map Act shall be submitted to the
City Engineer for review.
24. The land division shall make provisions to provide easements for
extensions of all utilities and access requirements, including maintenance
and construction. Easements for access and circulation shall be
designated as private streets.
25. Any lot -to -lot drainage easements and secondary drainage easement shall
be delineated on the Final Map. Assurance in the form of an agreement
shall be provided to the City that these easements shall be adequately
maintained by property owners to safely convey storm water flows. Said
agreement shall be submitted to the City Engineer for review and approval
and shall include provisions for the owners association to maintain any
private storm drain or National Pollutant Discharge Elimination System,
hereinafter NPDES system, not maintained by a City Assessment District
and shall be a durable agreement that is binding upon each future
property owner of each lot.
26. The Subdivider shall offer to dedicate to the City of Moorpark street and
public service easements, as required, by the City Engineer.
27. On the Final Map, the Subdivider shall offer to dedicate access easements
to the City of Moorpark over all private streets to provide access for all
governmental agencies providing public safety, health and welfare.
28. Prior to submittal of the Final Map to the City for review and prior to
approval, the Subdivider shall transmit by certified mail a copy of the
conditionally approved Tentative Tract Map together with a copy of
Section 66436 of the State Subdivision Map Act to each public entity or
public utility holding any recorded easement within Tract No. 5869. Written
evidence of compliance shall be submitted to the City Engineer.
GRADING
29. The Developer shall submit grading and improvement plans prepared by a
California Registered Civil Engineer to the City Engineer for review and
shall gain the City Engineer's approval of said plans prior to issuance of
any permit for the project. The Developer shall enter into an agreement
with the City of Moorpark to complete all grading, drainage and off -site
improvements and shall post sufficient surety guaranteeing completion of
all improvements except onsite lighting.
30. Requests for grading permits shall be granted in accordance with the
approved CPD No. 2005 -04, as required by these conditions and local
ordinances. The entire site shall be rough graded in one phase.
.►00018
Resolution No. 2008-.
Page 8
31. The Conceptual Grading Plan for CPD No. 2005 -04 indicates a balance
on site. If during construction more than 1,000 cubic yards is either
imported or exported, the developer shall submit an application, with
appropriate fees and deposits, to the City Engineer for review and shall
gain the City Engineer's approval prior to issuance of the haul route
encroachment permit. Approval of the Haul Route Permit shall require the
submittal of a haul route permit to the City Engineer, including all
information required by the City Engineer. Approval of the haul route shall
meet the requirements of the City Engineer.
32. All development areas and lots shall be designed and graded so that
surface drainage is directed to acceptable locations or natural or improved
drainage courses as approved by the City Engineer. Altered drainage
methods and patterns onto adjacent properties shall not be allowed
without mitigation.
33. ROC, NOx and dust during construction grading shall be suppressed by
the following activities:
a. The fuel injection of all diesel engines used in construction
equipment shall be retarded two degrees from the manufacturer's
recommendation.
b. All diesel engines used in construction equipment shall use high -
pressure injectors.
C. All diesel engines used in construction equipment shall use
reformulated diesel fuel.
d. Construction grading shall be discontinued on days forecasted for
first stage ozone alerts (concentration of 0.20 ppm) as indicated at
the Ventura County Air Pollution Control District (APCD) air quality
monitoring station closest to the City of Moorpark. Grading and
excavation operations shall not resume until the first stage smog
alert expires.
e. All clearing and grading activities shall cease during periods of high
winds (i.e., greater than 15 miles per hour averaged over one hour)
to prevent excessive amounts of fugitive dust.
f. All material transported off -site shall be either sufficiently watered
or securely covered to prevent excessive amounts of dust.
g. All active portions of the site shall be either periodically watered or
treated with environmentally safe dust suppressants to prevent
excessive amounts of dust.
h. Facilities shall be constructed and operated in accordance with the
Rules and Regulations of the Ventura County Air Pollution Control
District.
000019
Resolution No. 2008-.
Page 9
i. Large scale construction vehicles and trucks exiting the project site
during the mass grading period shall be required to have tire wash -
downs to minimize the dispersion of dust onto local streets.
34. Grading may occur during the rainy season from October 1 st to April 15th
subject to approval by the City Engineer and timely installation of erosion
control facilities. With the exception of work to effectuate Best
Management Practices (BMP) for erosion control, no construction of any
description shall occur during said rainy season unless a revised storm
water pollution prevention plan that reflects the construction status of the
site has been approved by the City Engineer. Erosion control measures
shall be in place and functional between October 1st and April 15th.
During each year that the project is under construction, revised storm
water pollution prevention plans shall be submitted to the City Engineer for
review and shall gain the City Engineer's approval no later than
September 1 st of each year from the start of grading or clearing
operations to the time of grading bond release.
35. 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 grading
operations, the Developer shall employ a full -time superintendent, whose
responsibilities will include, without limitation, NPDES compliance. Upon
City Engineer's determination that the NPDES compliance effort is
unsatisfactory, the developer shall designate an NPDES superintendent
who shall have no other duties than NPDES compliance. The
superintendent responsible for NPDES compliance shall:
a. Have full authority and responsibility to attain NPDES compliance.
b. Have full authority to hire personnel, bind the developer in
contracts, rent equipment and purchase materials to the extent
needed to effectuate BMP's.
C. Provide proof to the City Engineer and satisfactory completion of
courses, satisfactory to the City Engineer, totaling no less than
eight (8) hours directed specifically to NPDES compliance and
effective use of BMP's.
d. Be present, on the project site Monday through Friday and on all
other days when the probability of rain is forty percent (40 %) or
higher and prior to the start of and during all grading or clearing
operations until the release of grading bonds.
36. During clearing, grading, earth moving or excavation operations the
developer shall maintain regular watering operations to control dust.
Additionally, the following measures shall apply:
a. Water all site access roads and material excavated or graded on or
off -site to prevent excessive amounts of dust. Watering shall occur
o00020
Resolution No. 2008 -
Page 10
a minimum of at least two (2) times daily, preferably in the late
morning and after the completion of work for the day. Additional
watering for dust control shall occur as directed by the City. The
grading plan shall indicate the number of water trucks that shall be
available for dust control at each phase of grading.
b. Cease all clearing, grading, earth moving, or excavation operations
during periods of high winds (greater than 15 mph averaged over
one hour). The contractor shall maintain contact with the Air
Pollution Control District (APCD) meteorologist for current
information about average wind speeds.
C. Water or securely cover all material transported off -site and on -site
to prevent excessive amounts of dust.
d. Keep all grading and construction equipment on or near the site,
until these activities are completed.
e. The area disturbed by clearing, grading, earth moving, or
excavation operations shall be minimized to prevent excessive dust
generation.
f. Wash off heavy -duty construction vehicles before they leave the
site.
37. After clearing, grading, earth moving, or excavation operations, and during
construction activities, fugitive dust emissions shall be controlled using the
following procedures:
a. When directed by the City Engineer, the Developer shall take all
measures necessary to control wind erosion and its contribution to
local particulate levels.
b. Periodically, or as directed by the City Engineer, sweep public
streets in the vicinity of the site to remove silt (i.e., fine earth
material transported from the site by wind, vehicular activities,
water runoff, etc.), which may have accumulated from construction
activities.
38. During smog season (May- October) the City shall order that construction
cease during Stage III alerts to minimize the number of vehicles and
equipment operating, lower ozone levels and protect equipment operators
from excessive smog levels. The City, at its discretion, may also limit
construction during Stage II alerts.
39. Temporary erosion control measures shall be used during the construction
process to minimize water quality effects. Specific measures to be applied
shall be identified in the project storm water pollution prevention plan. The
following water quality assurance techniques shall be included, but not
limited to the following, as required by Ventura Countywide Storm Water
Quality Management Program, NPDES Permit No. CAS004002:
oO0021.
Resolution No. 2008 -
Page 11
a. Minimize removal of existing vegetation.
b. Protect exposed soil from wind and rain.
C. Incorporate silt fencing, berms, and dikes to protect storm drain
inlets and drainage courses.
d. Rough grade contours to reduce flow concentrations and velocities
to the extent possible.
e. Divert runoff from graded areas, using straw bale, earth, and
sandbag dikes.
f. Phase the grading to minimize soil exposure during the October
through April rainy season.
g. Install sediment traps or basins.
h. Maintain and monitor erosion /sediment controls.
40. To minimize the water quality effects of permanent erosion sources, the
following design features shall be incorporated into the project - grading
plan to the satisfaction of the City Engineer. The features shall comply
with Best Management Practices features including, but not limited to the
following:
a. Drainage swales, subsurface drains, slope drains, storm drain
inlet/outlet protection, and sediment traps.
b. Check dams to reduce flow velocities.
C. Temporary and permanent vegetation, including grass -lined
swales.
d. Design of drainage courses and storm drain outlets to reduce
scour.
e. Stabilized construction entrances.
f. Training in best management practices for every supervisor on the
project, including all contractors and their subcontractors.
41. The developer shall prepare a storm water pollution prevention plan to
address construction impacts from the project on downstream facilities,
environments and watersheds. A qualified Civil Engineer shall prepare this
plan. The proposed plan shall also address all relevant NPDES
requirements and recommendations for the use of best available
technology. The storm water pollution prevention plan shall be submitted
to the City Engineer for review and shall gain the City Engineer's approval
prior to issuance of grading permits for mass grading.
42. The developer shall prepare a storm water pollution prevention plan to
address long term operational impacts from the project on downstream
facilities, environments and watersheds. A qualified Civil Engineer shall
o00022
Resolution No. 2008 -
Page 12
prepare this plan. The proposed plan shall 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. The
use of permanent dense ground cover planting approved by the City
Engineer shall be required for all graded slopes. Methods of protecting the
planted slopes from damage shall be included. Proposed management
efforts during the lifetime of the project shall include best available
technology. The avoidance of the use of mechanical stormwater
treatment facilities such as clarifiers, separators, filters, absorbents,
adsorbents or similar patented devices is strongly encouraged. Should
there be no alternative to their use, the Developer shall permanently
indemnify the City from all liability or costs that it may incur through use or
maintenance failure, in a form approved by the City Attorney, City
Engineer, and City Manager at their discretion. The use of biological
filtering, bio- remediation, infiltration of prefiltered storm water 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. The storm water
pollution prevention plan shall be submitted to the City Engineer for review
and shall gain the City Engineer's approval prior to issuance of grading
permits for mass grading.
43. The following mitigation measures shall be implemented during all
construction activities throughout build out of the project to minimize the
impacts of project - related noise in the vicinity of the proposed project site:
a. Construction activities shall be limited to between the following
hours: a) 7:00 a.m. to 7:00 p.m. Monday through Friday, and b)
9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays
shall require pre- approval by the City Engineer and payment of a
premium for City inspection services and may be further restricted
or prohibited should the City receive complaints from adjacent
property owners. No construction work shall be done on Sundays
and City observed holidays pursuant to Section 15.26.010 of the
Municipal Code.
b. Truck noise from hauling operations shall be minimized through
establishing hauling routes that avoid residential areas and
requiring that "Jake Brakes" not be used along the haul route within
the City. The hauling plan shall be identified as part of the grading
plan and shall be approved by the City Engineer.
C. The Developer shall ensure that construction equipment is fitted
with modern sound - reduction equipment.
f :00023
Resolution No. 2008 -
Page 13
d. Stationary noise sources that exceed 70 dBA of continuous noise
generation (at 50 feet) shall be shielded with temporary barriers if
existing residences are within 350 (350') feet of the noise source.
e. Designated parking areas for construction worker vehicles and for
materials storage and assembly shall be provided. These areas
shall be set back as far as possible from or otherwise shielded from
existing surrounding residential neighborhoods.
f. Property owners and residents located within 600 (600') feet of the
project site shall be notified in writing on a monthly basis of
construction schedules involving major grading, including when
clearing and grading is to begin. The project developer shall notify
adjacent residents and property owners by Certified Mail- Return
Receipt Requested of the starting date for removal of vegetation
and commencement of site grading. The content of this required
communication shall be approved by the City Engineer in advance
of its mailing and the return receipts, evidencing United States mail
delivery, shall be provided to the Engineering Department.
44. The Developer shall submit to the City of Moorpark for review and
approval, a rough grading plan, consistent with the approved tentative
map, prepared by a California Registered Civil Engineer, shall enter into
an agreement with the City of Moorpark to complete all on -site and off -site
public improvements and shall post sufficient surety guaranteeing the
construction of all public improvements.
45. The final grading plan shall meet all Uniform Building Code (UBC) and
City of Moorpark standards including slope setback requirements at lot
lines, streets and adjacent to offsite lots.
46. Concurrent with submittal of the rough grading plan a Storm Water
Pollution Prevention Plan shall be submitted to the City for review and
approval by the City Engineer. The design shall include measures for
irrigation and hydroseeding on all graded areas when required by the City
Engineer. Reclaimed water shall be used for dust control during grading,
if available from Ventura County Waterworks District No. 1.
47. The entire site shall be graded to within 0.25 feet of ultimate grade at the
same time. Pads shall be graded, planted and landscaped to the
satisfaction of the Planning Director and City Engineer.
48. The maximum gradient for any slope shall not exceed a 2:1 slope.
49. All permanently graded slopes shall be planted with groundcover, trees
and shrubs that shall stabilize slopes and minimize erosion or alternative
measures to the satisfaction of the Planning Director and the City
Engineer.
000024
Resolution No. 2008 -
Page 14
50. So as to reduce debris from entering sidewalk and streets, the approved
grading plan shall show a slough wall, approximately eighteen (18 ") inches
high, with curb outlet drainage to be constructed behind the back of the
sidewalk where slopes exceeding four (4') feet in height are adjacent to
sidewalk. The Developer shall use the City's standard slough wall detail
during the design and construction. The City Engineer and Planning
Director shall approve all material for the construction of the wall.
51. Backfill of any pipe or conduit shall be in four -inch (4 ") fully compacted
layers unless otherwise specified by the City Engineer.
52. Soil testing for trench compaction shall be performed on all trenching and
shall be done not less than once every two (2') feet of lift and 100 lineal
feet of trench excavation.
53. Observe a 15 -mile per hour speed limit for the construction area
54. Developer shall obtain approval from the Planning and Engineering
Department for all structures and walls in excess of six (6) feet in height.
55. The Developer shall post sufficient surety guaranteeing completion of all
improvements (i.e., grading, street improvements, storm drain
improvements, landscaping, fencing, bridges, etc.) or which require
removal (i.e., access ways, temporary debris basins, etc.) in a form
acceptable to the City. The surety shall include provisions for all site
improvements within the development and other off -site improvements
required by the conditions as described herein.
GEOTECHNICAUGEOLOGY CONDITIONS
56. The Developer shall submit to the City of Moorpark for review and
approval, a detailed Geotechnical Engineering report certified by a
California Registered Civil Engineer. The geotechnical engineering report
shall include an investigation with regard to liquefaction, expansive soils,
and seismic safety. The Developer shall also provide a report that
discusses the contents of the soils as to the presence or absence of any
hazardous waste or other contaminants in the soils. Note: Review of the
geotechnical engineering report(s) by the City's Geotechnical Engineer
shall be required. The Developer shall reimburse the City for all costs
including the City's administrative fee for this review.
57. All recommendations included in the approved geotechnical engineering
report shall be implemented during project design, grading, and
construction in accordance with the approved project. The City's
geotechnical consultant shall review all plans for conformance with the
soils engineer's recommendations. Prior to the commencement of grading
plan check, the Developer's geotechnical engineer shall sign the plans
confirming that the grading plans incorporate the recommendations of the
approved soils report(s).
000025
Resolution No. 2008-.
Page 15
IMPROVEMENTS
58. The Developer shall submit to the City of Moorpark for review and
approval, plans for street improvements as shown on the tentative map
and those required by these conditions. A California Registered Civil
Engineer shall prepare the street improvement plans and the Developer
shall enter into an agreement with the City of Moorpark to complete public
improvements and shall post sufficient surety guaranteeing the
construction of all improvements. All streets shall conform to City of
Moorpark requirements or the County of Ventura Standards as deemed
applicable and including all applicable Americans with Disability Act (ADA)
requirements.
59. The street right -of -way improvements shall include adequate pavement for
vehicle turnouts into the project, controlled access exiting the project, in
addition to concrete curb and gutter, parkways, new streetlights and street
signing to the satisfaction of the City Engineer. The City Engineer and the
Planning Director shall approve all driveway sizes, locations and
configurations. The Developer shall acquire and dedicate any additional
right -of -way necessary to make all of the required improvements.
60. All Streets shall be designed to the satisfaction of the City Engineer and
include the following:
a. The structural section for public streets shall be designed for a 50-
year life and private streets for 20 years.
b. The top asphalt course of all newly constructed public and private
streets shall consist of no less than 1Y2 inch of asphalt rubber hot
mix, which shall not be included when computing the required
structural section.
C. The Developer's geotechnical engineer shall review the need for
subsurface drainage systems to prevent saturation of the pavement
structural section or underlying foundation materials and shall
consider conditions throughout the design life of all pavement
structural sections. The provisions of the Caltrans "Design Manual"
relating to subsurface drainage shall be implemented in the design
of all streets. Subsurface drainage systems shall be marked with
detectable underground utility marking tape buried six (6 ") inches
above the pipe. The ends of the marking tape shall be accessible at
each surface feature of the subsurface drainage system.
61. Streetlights shall be provided on the improvement plans per Ventura
County Standards and as approved by the City Engineer. The Developer
shall pay all energy costs associated with public street lighting for a period
of one year from the acceptance of the street improvements.
62. In accordance with Business and Professions Code 8771, the street
improvement plans shall provide for a surveyors statement on the plans
o00026
Resolution No. 2008 -
Page 16
certifying that all recorded monuments in the construction area have been
located and tied out or shall be protected in place during construction.
63. The Developer shall submit final wall and landscaping plans showing that
provisions have been taken to provide for and maintain proper sight
distances. The plans shall be required with the site grading plans for the
review by, and to the satisfaction of the City Engineer.
64. Monuments shall meet the City of Moorpark and County of Ventura
Standards and shall be to the satisfaction of the City Engineer. All street
centerline intersections, lot lines and tract boundaries shall be
monumented.
65. Pedestrian facilities shall meet all City and ADA requirements, and shall
be safe and visible from vehicular and pedestrian traffic along all streets.
Line of site easements shall be shown on the Final Map and restrict
construction or planting within those areas as needed.
66. Prior to recordation of the Final Map, proposed street names shall be
submitted to the Fire District's Communications Center for review and
approval. Street name signs shall be installed in conjunction with the road
improvements. The type of sign shall be in accordance with Plate F -4 of
the Ventura County Road Standards.
67. As a condition of the issuance of a building permit for any
(commercial /industrial) use, the developer shall be required to pay City the
Tierra Rejada /Spring Road Area of Contribution (AOC) Fee. The AOC
Fee shall be the dollar amount in effect at the time of the payment of the
fee.
68. The Developer shall submit to the City of Moorpark for review and
approval, drainage plans, hydrologic and hydraulic calculations prepared
by a California Registered Civil Engineer; shall enter into an agreement
with the City of Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all improvements. The
plans shall depict all on -site and off -site drainage structures required by
the City. The drainage plans and calculations shall demonstrate that the
following conditions shall be satisfied before and after development:
a. Quantities of water, water flow rates, major watercourses, drainage
areas and patterns, diversions, collection systems, flood hazard
areas, sumps, sump locations, detention facilities, and drainage
courses. Hydrology shall be per the current Ventura County Flood
Control Standards except as follows:
All storm drains shall carry a 50 -year frequency storm;
ii. All catch basins shall carry a 50 -year storm,
000027
Resolution No. 2008 -
Page 17
iii. All catch basins in a sump condition shall be sized such that
depth of water at intake shall equal the depth of the
approach flows;
iv. All culverts shall carry a 100 -year frequency storm.
b. "Passive" Best Management Practices drainage facilities shall be
provided such that surface flows are intercepted and treated on the
surface over biofilters (grassy swales), infiltration areas and other
similar solutions. Should there be no feasible alternative to the use
of mechanical treatment facilities, Developer shall provide a vehicle
to permanently indemnify the City from all liability or costs that it
may incur through use or maintenance failure.
C. Under a 50 -year frequency storm collector streets shall have a
minimum of one dry travel lane in each direction.
d. Drainage to adjacent parcels or the Public Right -of -Way shall not
be increased or concentrated by this development. All drainage
measures necessary to mitigate storm water flows including onsite
detention shall be provided to the satisfaction of the City Engineer.
e. Drainage grates shall not be used in any public right -of -way, private
right -of -way or in any location accessible to pedestrians.
f. All flows that have gone through flow attenuation and clarification
by use of acceptable Best Management Practice (BMP) systems
and are flowing within brow ditches, ribbon gutters, storm drain
channels, area drains and similar devices shall be deposited
directly into the storm drain system and shall be restricted from
entering streets. If necessary, the storm drain system shall be
extended to accept these flows. Both storm drains and easements
outside the public right -of -way shall be privately maintained, unless
determined otherwise by the City Engineer. Drainage for the
development shall be designed and installed with all necessary
appurtenances to safely contain and convey storm flows to their
final point of discharge, subject to review and approval of the City
Engineer. Downstream storm drain systems may lack capacity.
Developer shall demonstrate, to the satisfaction of the City
Engineer, downstream facilities shall not be adversely impacted.
g. Developer shall demonstrate that developed storm water runoff
shall not exceed pre - developed runoff.
69. The Developer shall demonstrate for each building pad area that the
following restrictions and protections shall be put in place to the
satisfaction of the City Engineer:
a. Adequate protection from a 100 -year frequency storm.
b. Feasible access during a 50 -year frequency storm.
4)00028
Resolution No. 2008 -
Page 18
C. Hydrology calculations shall be per current Ventura County Flood
Control Standards.
70. Development shall be undertaken in accordance with conditions and
requirements of the Ventura Countywide Storm water Quality
Management Program, NPDES Permit No. CAS004002.
71. Landscaped areas shall 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 Practices
landscaped areas for infiltration and biological remediation or approved
equals, shall be installed to intercept and effectively prohibit pollutants
from discharging to the storm drain system. The design shall be submitted
to the City Engineer for review and approval prior to the issuance of a
building permit.
72. All structures proposed within the 100 -year flood zone shall be elevated at
least one foot above the 100 -year flood level.
73. The Developer shall provide for all necessary on -site and off -site storm
drain facilities required by the City to accommodate upstream and on -site
flows. Facilities, as conceptually approved by the City, shall be delineated
on the final drainage plans. Either on -site detention basins or storm water
acceptance deeds from off -site property owners shall be specified and
provided on the plans.
74. The Developer shall demonstrate and certify to the satisfaction of the City
Engineer that all existing storm drain culverts within the site shall perform
in an acceptable manner based on their intended design and the proposed
increase /decrease of loading conditions, introduction of surface water
within subsurface areas that may affect the culvert and proposed
construction. This especially includes cast -in -place concrete pipe (CIPP).
75. The Developer shall provide engineering reports that existing detention
and other storm drain facilities that were previously designed to include
this site meet current requirements.
76. Prior to approval of plans for NPDES Facilities, the Developer shall
provide to the satisfaction of the City Engineer, engineering and
geotechnical reports to prove that all NPDES facilities meet their intended
use and design. These facilities shall meet the minimum requirements
relating to water retention and clarification.
77. The design of the storm drain system shall provide for adequate width
easements for future maintenance and reconstruction of facilities
particularly those facilities that are deeper than eight (8') feet. In addition
all facilities shall have all- weather vehicular access. This design shall be to
the satisfaction of the City Engineer.
000029
Resolution No. 2008 -
Page 19
78. As- Graded geotechnical report and rough grading certification shall be
submitted to and approved by the City Engineer and Geotechnical
Engineer.
79. A final grading certification shall be submitted to and approved by the City
Engineer.
80. All permanent NPDES Best Management Practices facilities shall be
operational.
81. Prior to acceptance of public improvements and bond exoneration
conditions reproducible centerline tie sheets shall be submitted to the City
Engineer's office.
82. The Developer shall file for a time extension with the City Engineer's office
at least six (6) weeks in advance of expiration of the agreement to
construct subdivision improvements. The fees required shall be in
conformance with the applicable ordinance section.
83. All surety guaranteeing the public improvements shall remain in place for
one year following acceptance by the City. Any surety that is in effect
three years after Zoning Clearance approval or issuance of the first
building permit shall be increased an amount equal to or greater than the
consumers price index (Los Angeles /Long Beach SMSA) for a period
since original issuance of the surety and shall be increased in like manner
each year thereafter.
84. Original "as built" plans shall be certified by the Developer's civil engineer
and submitted with two (2) sets of blue prints to the City Engineer's office.
Although grading plans may have been submitted for checking and
construction on sheets larger than 22" X 36 ", they must be resubmitted as
"as built" in a series of 22" X 36" mylars (made with proper overlaps) with
a title block on each sheet. Submission of "as built" plans is required
before a final inspection shall be scheduled. Electronic files shall be
submitted for all improvement plans in a format to the satisfaction of the
City Engineer. In addition, Developer shall provide an electronic file
update on the City's Master Base Map electronic file, incorporating all
storm drainage, water and sewer mains, lines and appurtenances and any
other utility facility available for this project.
85. The Developer shall certify to the satisfaction of the City Engineer that the
recommendations in the reports are adhered to prior to the issuance of a
grading permit.
86. Prior to Zoning Clearance and /or occupancy, the City Engineer shall
indicate to the Planning Director that all Engineering conditions have been
satisfied.
87. The following shall be included in the requirements for the permitted use
of the property. The City shall periodically review the site for conformance.
000030
Resolution No. 2008 -
Page 20
Repeated violations of these requirements shall be cause of revocation of
the permit use.
a. All property areas shall be maintained free of litter /debris.
b. All on -site storm drains shall be cleaned at least twice a year, once
immediately prior to October 1st (the rainy season) and once in
January. Additional cleaning may be required by the City Engineer.
C. Parking lots and drive - throughs shall be maintained free of
litter /debris. Sidewalks, parking lots and drive - troughs shall be
swept regularly to prevent the accumulation of litter and debris.
When swept or washed, debris shall be trapped and collected to
prevent entry to the storm drain system. No cleaning agent shall be
discharged to the storm drain. If any cleaning agent or degreaser is
used, wash water shall not discharge to the storm drains; wash
water shall be collected and discharged to the sanitary sewer.
Discharges to the sanitary sewer are subject to the review,
approval, and conditions of the wastewater treatment plant
receiving the discharge.
d. All exterior metal building surfaces, including roofing, shall be
coated or sealed with rust inhibitive paint to prevent corrosion and
release of metal contaminants into the storm drain system.
e. Landscaping shall be properly maintained with efficient irrigation to
reduce runoff and promote surface filtration and minimize the use of
fertilizers and pesticides that can contribute to urban runoff
pollution.
f. Trash enclosures and /or recycling area(s) shall be covered. All
litter /waste material shall be kept in leak proof containers. The area
shall be paved with impermeable material. No other area shall drain
onto these areas including rainwater. There shall be no drain
connected from the trash enclosure area to the storm drain system.
However, the drain from the trash enclosure shall be connected to
the sanitary sewer and have an automatic seal that shall preclude
any escape of gases or liquids from the sewer connection.
88. On -site private streets, aisles, parking areas, curb, gutter sidewalk,
drainage facilities and all other civil facilities shall be designed and
constructed in accordance with the requirements for public streets and
public facilities.
89. No clearing, grading, erosion control or installation of temporary or
permanent irrigation, landscape, hardscape or related structures or
construction of improvements of sewer, water, storm drain, streets, or dry
utilities shall occur until the City Engineer and the Planning Director
provide written concurrence that all requirements have been fulfilled for
the phase of construction under consideration.
o00031.
Resolution No. 2008 -
Page 21
90. Developer shall pay all plan check and inspection fees, case processing
fees and deposits per the City's fee /deposit schedule in effect at the time
that review is provided by the City. Developer shall also process and
obtain City, County, State and all other public or private agency approvals
and permits for any work to be performed within their respective properties
or areas of interest. City approval of the Plans does not warrant that other
public agency requirements or standards have been met. It is the
Developer's responsibility to satisfy all requirements of, and to obtain the
written approval for each phase from all public agencies having jurisdiction
and to provide verification to the City Engineer and the Planning Director
of such prior to commencement of the work allowed by these conditions.
91. All the Improvements shall be constructed in accordance with the Plans as
noted previously on these conditions, all applicable City standards and
regulations, all applicable conditions required for TTM No. 5869 and all
accepted construction practices, as determined by the City Engineer,
without exception. Developer warrants that the Plans, as originally
submitted by Developer, accomplish the work covered by these
conditions. Developer shall complete all work performed under these
conditions in accordance with the Plans.
92. Should the Plans prove to be inadequate in any respect, as determined by
City in its sole discretion, then Developer shall make such changes as are
necessary to ensure, to the satisfaction of the City Engineer, that such
Improvements are performed in accordance with said City standards and
regulations in effect at the time of construction of the improvements of
TTM No. 5869, said accepted construction practices, and approved
conditions of TTM No. 5869.
93. Prior to commencement of any phase of work, Developer shall furnish to
City valid and sufficient bonds, executed by a corporation authorized to
transact business in the State of California on forms approved by City and
with Developer as principal, for the completion and maintenance of the
Improvements in accordance with these conditions. The Developer shall
file with the City, security for the faithful performance of the Improvements
to be constructed by Developer and separate security (except for grading
and monuments) for payment of laborers and materialsmen who furnish
labor or materials to those improvements. Each security shall be good
and sufficient on forms approved by the City. Should any surety become
insufficient in the opinion of the City, Developer shall increase said surety,
in an amount satisfactory to City, within ten (10) days after receiving
written notice from City, which notice can be given at any time by City.
94. Without notice and until exonerated by the City Council, each surety shall
be renewed on a yearly basis and shall be increased in an amount .
equivalent to the increase, if any, in the Consumer Price Index — All Urban
Consumers — Greater Los Angeles Area for the twelve (12) months that
#)00032
Resolution No. 2008 -
Page 22
end three (3) months prior to the month in which the bond is renewed. All
of the obligations of Developer under these conditions shall be met to the
satisfaction of City prior to exoneration of all of the bonds. All premiums
and costs related to provision of the bonds required by these conditions
shall be the responsibility of Developer.
95. All Improvements shall be completed to City's satisfaction prior to City
acceptance and reduction /exoneration of sureties. All Improvements shall
be completed to the City's satisfaction prior to City acceptance and
reduction /exoneration of sureties.
96. The City Engineer or his /her duly authorized representative, upon request
of Developer, shall inspect the Improvements. As the City determines
Improvements have been constructed in accordance with these
conditions, City shall accept the Improvements as complete.
97. Developer agrees to pay for all inspection services performed on behalf of
City and for the consulting soils engineer and geologist hired by the City.
Developer agrees that no final inspection will be made by the City
Engineer until City receives full payment for all related City inspection
services, consulting soils engineer and geologist services together with
the cost of the time incurred by the City Engineer, City Attorney, Public
Works Director, and other City staff in connection therewith.
98. At all times during the construction of Improvements, Developer shall take
all such precautions as may be necessary to limit access to the site to
authorized persons only and to protect the site from all members of the
public and protect all public and adjacent private property from debris and
damage.
99. Developer shall guarantee against defective plans, labor and materials for
a period of one year following City acceptance of the Improvements as
complete.
100. In the event any of the Improvements are determined to be defective
within the time provided herein, Developer shall repair, replace, or
reconstruct the defect without delay and without cost or expense to City
and shall pay all City costs for plan check, inspection and the City's
Administrative Costs related to this requirement within thirty (30) days
after receipt of City's invoice. Should Developer fail to act promptly or in
accordance with the requirements of this paragraph, or should the
exigencies of the situation require that repair, replacement or
reconstruction work be performed before Developer can be notified, City
may, at its option, make or cause to be made the necessary repair,
replacement or reconstruction. Developer and its surety shall be obligated
to pay City for the actual cost of such work together with the City's
Administrative Costs.
000033
Resolution No. 2008 -
Page 23
101. Developer shall keep accurate records on a set of blue lined prints of all
City approved additions to and deletions from the work, and of all changes
in location, elevation and character of the work, not otherwise shown or
noted on the Plan. Prior to the City's inspection and acceptance of the
Improvements, Developer shall transfer this information to a final set of
record drawings and deliver them to the City Engineer for final approval
and retention.
102. Prior to commencement of any work under these conditions, Developer
shall file with the City Engineer a written statement signed by the
Developer and each public utility serving TTM No. 5869 stating that the
Developer has made all arrangements required and necessary to provide
the public utility service to TTM No. 5869. For purposes of this paragraph,
the term "public utility" shall include, but not necessarily be limited to, a
company providing natural gas, water, sewer, electricity, telephone and
cable television.
103. In the event that the Developer fails to perform any obligations hereunder,
Developer agrees to pay all costs and expenses incurred by City in
securing performance of such obligations, in addition to cost of any
resulting legal action and reasonable attorney's fees.
104. City may serve written notice upon Developer and Developer's surety of
any breach of any portion of these Conditions of Approval for this tract
map regarding grading and construction of improvements prior to
recording a Final Map for this tract and the default of Developer if any of
the following occur:
a. Developer refuses or fails to prosecute the Work, or any severable
part thereof, with such diligence as will insure its completion within
the time specified.
b. Developer fails to complete said work within the required time.
C. Developer is adjudged as bankrupt.
d. Developer makes a general assignment for the benefit of
Developer's creditors.
e. A receiver is appointed in the event of Developer's insolvency.
f. Developer or any of Developer's officers, agents, servants or
employees violates any of the provisions of these conditions.
105. In the event notice is given as specified within these conditions regarding
grading and construction of improvements prior to recording a Final Map
for this tract, Developer's surety shall have the duty to take over and
complete the Improvements in accordance with all of the provisions of
these conditions; provided, however, that if the surety, within five (5) days
after delivery to of such notice, does not give City written notice of its
intention to so take over and complete the Improvements or does not
!)0003,
Resolution No. 2008 -
Page 24
commence the performance thereof within twenty (20) days after notice to
City of such election, City may take over the Work and prosecute the
Improvements to completion, by contract or by any other method City may
deem advisable. In such event, City, without any liability for so doing, may
take possession of, and utilize in completing the Improvements, such
materials, tools, equipment and other property belonging to Developer as
may be on the site of the Work necessary therefore. Developer and its
surety shall be obligated to pay City the actual cost of such work together
with the City's Administrative Costs. The rights of City provided by this
paragraph are in addition to and cumulative to any and all other rights of
City as provided by law or equity, and any election by City to proceed
pursuant to the provisions noted within these conditions herein shall not
be construed as being in lieu of any other such rights.
106. No waiver of any provision of the Conditions of Approval regarding grading
and construction of improvements prior to recording a Final Map for this
tract shall be deemed, or shall constitute, a waiver of any other provision,
whether or not similar; nor shall any such waiver constitute a continuing or
subsequent waiver of the same provision. No waiver shall be binding,
unless executed in writing by the party making the waiver.
107. Unless otherwise changed, notices required to be given to Surety
Company shall be addressed to the Surety on file with the City at the time
they are accepted by the City.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES)
REQUIREMENTS
108. Prior to the issuance of any construction /grading permit and /or the
commencement of any clearing, grading or excavation, the Developer
shall submit a Storm Water Pollution Control Plan ( SWPCP) to the
satisfaction of the City Engineer.
109. The SWPCP shall be developed and implemented in accordance with
requirements of the Ventura Countywide Storm Water Quality
Management Program, NPDES Permit No. CAS004002.
110. The SWPCP shall identify potential pollutant sources that may affect the
quality of discharges to storm water and shall include the design and
placement of recommended Best Management Practices (BMPs) to
effectively prohibit the entry of pollutants from the construction site into the
storm drain system.
111. Improvement plans shall note that the contractor shall comply with the
Technical Guidance Manual for Stormwater Quality Control Measures"
and best engineering practices.
112. Prior to the issuance of any construction /grading permit and /or the
commencement of any clearing, grading or excavation, the Developer
shall also submit a Notice of Intent (NO[) to the California State Water
o00035
Resolution No. 2008 -
Page 25
Resources Control Board, Storm Water Permit Unit in accordance with the
NPDES Construction General Permit (No. CASQ00002): Waste Discharge
Requirements for Discharges of Storm Water Runoff Associated with
Construction Activities). The Developer shall comply with all requirements
of this General Permit including preparation of a Storm Water Pollution
Prevention Plan (SWPPP).
113. The Developer shall obtain a permit from the State Water Resources
Control Board for "All storm water discharges associated with a
construction activity where clearing, grading, and excavation results in
land disturbances of five or more acres." The Developer shall submit a
copy of the Notice of Intent (NOI) to the City Engineers office as proof of
permit application.
114. Prior to Final Map approval, Developer shall provide facilities to comply
with NPDES requirements. Runoff from developed areas shall be diverted
to detention basins, "passive- devices" or other passive Best Management
Practices (BMP's) to the satisfaction of the City Engineer. A California
registered civil engineer shall propose and design these devices as part of
the drainage improvement plans for the project. Provisions shall be made
by the Developer to provide for secured program of maintenance in
perpetuity.
115. Prior to City issuance of the initial grading permit, the Developer shall
obtain all necessary NPDES related permits. The grading permits issued
for the development shall require Developer to provide schedules and
procedures for onsite maintenance of earthmoving and other heavy
equipment and documentation of proper disposal of used oil and other
lubricants. The onsite maintenance of all equipment that can be
performed offsite shall not be allowed.
116. The project construction plans shall state that the Developer shall comply
with the ( "California Storm Water Best Management Practice Handbooks ")
- Best Management Practices (BMPs) applicable to the development and
to the satisfaction of the City Engineer. Said requirements shall include
the following:
a. All onsite storm drain inlets shall be labeled "Don't Dump Drains to
Arroyo."
b. No outdoor vehicle maintenance shall be allowed.
C. The entire project site and any off -site improvement areas shall be
maintenance free of litter and debris.
d. All onsite storm drains shall be cleaned, using approved methods,
at least twice a year, once immediately prior to October 1, the rainy
season, and once in January. Water flushing is not an approved
method for cleaning.
o0003b
Resolution No. 2008-.
Page 26
e. All sidewalks, walkways, and parking areas shall be swept regularly
to prevent the accumulation of litter and debris from entering the
storm drain. No cleaning agent shall be discharged into a storm
drain system. If any cleaning agent or degreaser is used, wash
water shall not be discharged to the storm drain but shall be
discharged to the sanitary sewer. Discharges to the sanitary sewer
are subject to the review and approval of the County Waterworks
District No. 1.
UTILITIES
117. All existing, relocated and new utilities shall be placed underground.
ACQUISITION OF EASEMENTS AND RIGHT OF WAY
118. Any right -of -way acquisition necessary to complete the required
improvements shall be acquired by the Developer at his /her expense. If
any of the improvements which the Developer is required to construct or
install are to be constructed or installed upon land in which the Developer
does not have title or interest sufficient for such purposes, the Developer
shall do all of the following at least 60 days prior to the filing of any Phase
of the Final Map for approval pursuant to Governmental Code Section
66457.
a. Notify the City of Moorpark (hereinafter "City ") in writing that the
Developer wishes the City to acquire an interest in the land, which
is sufficient for the purposes as provided in Governmental Code
Section 66462.5.
b. Upon written direction of the City supply the City with:
i. A legal description of the interest to be acquired.
ii. A map or diagram of the interest to be acquired sufficient to
satisfy the requirements of subdivision (e) of Section
1250.310 of the Code of Civil procedure.
iii. A current appraisal report prepared by an appraiser
approved by the City which expresses an opinion as to the
fair market value of the interest to be acquired.
iv. A current Litigation Guarantee Report.
C. Enter into an agreement with the City, guaranteed by such cash
deposits or other security as the City may require, pursuant to
which the Developer shall pay all of the City's cost (including,
without limitation, attorney's fees and overhead expenses) of
acquiring such an interest in the land.
o0003`i
Resolution No. 2008-.
Page 27
PLEASE CONTACT THE FIRE DEPARTMENT REGARDING THE
FOLLOWING CONDITIONS:
119. Prior to recordation of any Final Maps, including Final Map waivers, the
Permittee shall submit two (2) copies of the map to the Fire Prevention
District for approval.
120. A copy of all recorded maps shall be provided to the Fire Prevention
District within seven (7) days of recordation of said map.
Please contact the county of VENTURA COUNTY WATERWORKS DISTRICT
1 regarding the following condition:
121. The Permittee shall comply with the standard procedures for obtaining
domestic water and sewer services for Permittee's projects within the
District and comply with the applicable provisions of the District Rules and
Regulations.
-END -
! 0003-8