HomeMy WebLinkAboutAGENDA REPORT 1995 1101 CC REG ITEM 09ATO: The Honorable City Council
FROM: Jaime Aguilera, Director of Community Development
Paul Porter, Senior Planner
DATE: September 29, 1995 (CC meeting of October 18, 1995)
SUBJECT: CONSIDER APPROVAL OF MAJOR MODIFICATION NO. 1 TO CPD 90 -2
ON THE APPLICATION OF AMERICAN STORES PROPERTIES, INC.
Background
Due to a lack of quorum, the above captioned project was continued
to November 1, 1995.
Discussion
On October 18, 1995, staff discussed the time expiration dates for
which to approve or deny this project with the City Attorney as the
law is vague when reusing a previously approved Mitigated Negative
Declaration. Although the law does not adequately address the
issue of a reuse of a previous Mitigated Negative Declaration, the
City Attorney agreed with staff that perhaps a conservative
approach to the issue would be more prudent. Therefore, the City
Council would have three months from the date of completeness in
which to render a final decision for approval or denial of this
project. In this case, staff deemed the project complete on August
9, 1995. Therefore, the City Council should render it's decision
to approve or deny the project no later than November 9, 1995,
unless the applicant agrees to a 90 day extension.
All of the recommended conditions of approval changes and or
additions expressed in the City Council staff report dated
September 29, 1995 have been incorporated into the attached
Resolution. Any City Council changes to the Resolution, will be
incorporated into the Resolution prior to the Mayor's signature.
Recommendations:
1. Open the hearing and accept public testimony.
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2. Prior to making a decision on this project make a
determination that:
a. The effects of the proposed project were analyzed in the
Mitigated Negative Declaration, Initial Study, and
Mitigation Monitoring Program prepared for CPD 90 -2; and
b. There will not be a significant effect in this case
because Major Modification No. 1 is for a reduction in
size from the originally approved project of 122,400 sq.
ft. to 118,873 sq. ft., and that the mitigation measures
applied to CPD 90 -2 have been incorporated into Major
Modification No. 1.
3. Make the appropriate findings (Exhibit No. 1 in Planning
Commission Staff Report dated August 28, 1995).
4. Adopt the attached resolution approving Major Modification No.
1 to CPD 90 -2 and rescinding Resolution No. 90 -729 with any
City Council directed changes.
Attachment: City Council Resolution approving Major
Modification No. 1 to Commercial Planned
Development Permit No. 90 -2 and rescinding
Resolution No. 90 -729
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RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING MAJOR MODIFICATION NO. 1 TO
COMMERCIAL PLANNED DEVELOPMENT NO. 90 -2 AND RESCINDING
RESOLUTION NO. 90 -729
Whereas, at a duly noticed hearing on September 11, 1995, the
Planning Commission held a public hearing, considered the
application for Major Modification No. 1 to Commercial Planned
Development Permit No. 90 -2 and recommended to the City Council
approval of the project; and
Whereas, at a duly noticed public hearing on November 1, 1995,
the City Council considered the application filed by American
Stores Properties, Inc. requesting approval of Major Modification
No 1 to Commercial Planned Development Permit 90 -2 for a proposal
to modify the previously approved Neighborhood Commercial Shopping
Center which consisted of a 45,000 sq. ft. market, 60,400 sq. ft.
retail, 5,000 sq. ft. medical office and 12,000 sq. ft. of
restaurant uses for a total of 122,400 sq. ft. to the following:
Major Modification No. 1 to CPD 90 -2 consists of a
Neighborhood shopping Center consisting of 15,000 s.f. retail,
63,300 s.f. market, 16,503 s.f. shop space, two pads of 3,000
and 4,500 s.f. and a drug store consisting of 16,480 s.f. for
a total of 118,873 s.f.; and
Whereas, the City Council reviewed and considered the
information within the staff report dated September 29, 1995 and
October 19, 1995 and has found that the effects of the proposed
project were adequately analyzed in the Mitigated Negative
Declaration, Initial study, and Mitigation Monitoring Program
prepared for CPD 90 -2; and
Whereas, the City Council has found that there will not be a
significant effect on the environment in this case because Major
Modification No. 1 is for a reduction in size from the originally
approved project of 122,400 s.f. to 118,873.ft, and the appropriate
mitigation measures applied to CPD 90 -2 have been incorporated into
Major Modification No. 1; and
Whereas, the City Council
the information contained in the
has reached a decision on this
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after review and consideration of
staff reports and public testimony
matter.
1
Whereas, at its meeting of November 1, 1996, the City Council
opened the public hearing, took testimony of all those wishing to
testify, closed the public hearing, and adopted the following
findings:
C.E.O.A. Finding
That pursuant to California State law, an evaluation has been
conducted to determine if the proposed project could
significantly affect the environment. The effects of the
proposed project were adequately analyzed in the Mitigated
Negative Declaration, Initial study, and Mitigation Monitoring
Program prepared for CPD 90 -2. There will not be a
significant effect in this case because Major Modification No.
1 is for a reduction in size from the originally approved
project of 122,400 s.f. to 118,873.ft, and the appropriate
mitigation measures applied to CPD 90 -2 have been incorporated
into Major Modification No. 1. Therefore, the proposed
project will have no adverse impacts.
Commercial Planned Development Permit Findings
Based upon the information set forth above, it is determined
that this application with the attached conditions, meets the
requirements of the City of Moorpark Ordinance Code Section
17.44.030 (A)(2) in that:
1. The proposed use would be consistent with the purpose,
intent, guidelines, standards, policies, and provisions
of the City's General Plan and the Specific Plan in which
this project is located;
2. The proposed use would not impair the integrity and
character of the zone in which it is to be located;
3. The proposed use would be compatible with land uses
permitted within the General Plan land use designations
and the zone in the general area where the use is to be
located;
4. The proposed use would not be obnoxious or harmful or
impair the utility of the property itself or neighboring
property or uses;
5. The proposed uses would not be detrimental to the public
interest, health, safety, convenience, or welfare; and
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6. The project is compatible with the scale, visual
character and design of the surrounding properties,
designed so as to enhance the physical and visual quality
of the community, and the structures have design features
which provide visual relief and separation between land
uses of conflicting character.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
Section 1. The City Council approves Major Modification No. 1
to CPD 90 -2 with the following Conditions of Approval:
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
General Requirements
Permitted Uses
1. The permit is granted for the land and project as identified
on the entitlement application form and as shown on the
approved plot plans and elevations. The location and design of
all site improvements shall be as shown on the approved plot
plans and elevations except or unless indicated otherwise
herein in the following conditions. All proposed uses of
these buildings shall be required to receive a Zoning
Clearance from the Department of Community Development. The
Department may determine that certain uses will require other
types of entitlements or environmental assessment.
Minor Modification Requirement for Pad Buildings and Construction
of Market Without Other Attached Buildings
2. The Pad Buildings /or construction of the Market as a stand
alone building shall require approval of a Minor Modification
to the Permit prior to issuance of a Zoning Clearance for
Construction.
Other Regulations
3. The development is subject to all applicable regulations of
the CPD Zone, and all requirements and enactments of Federal,
State, Ventura County, the City authorities and any other
governmental entities, and all such requirements and
enactments shall, by reference, become conditions of this
permit.
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Discontinuance of Use
4. The Commercial Planned Development Permit shall expire when
the use for which it is granted is discontinued for a period
of 180 or more consecutive days.
Submittal of Plans to Department of Community Development
5. All final construction working drawings, grading and drainage
plans, plot plans, final parcel map (if requested by the
Director of Community Development), sign programs, and
landscaping and irrigation plans (three full sets) shall be
submitted to the Director of Community Development for review
and approval.
Use Inauguration
6. That unless the project is inaugurated (building foundation
slab in place and substantial work in progress) not later than
two (2) years after this permit is granted, this permit shall
automatically expire on that date. The Director of Community
Development may, at his discretion, grant up to one (1)
additional year extension for project inauguration if there
have been no changes in the adjacent areas and if applicant
can document that he has diligently worked towards
inauguration of the project during the initial two year
period. The request for extension of this entitlement shall
be made in writing, at least 30 -days prior to the expiration
date of the permit.
Hours of Operation
7. That the hours of operation for the shopping center be from
6:00 a.m. to 10:00 p.m. Further requests to the extend the
hours of operation shall require public notification to
property owners within 1,000 feet of the site.
Disallowance of Drive -thru Access for Restaurants
8. Drive -thru access
allowed.
Abandonment of Use
9. Upon expiration of
premises shall be
existing prior to
practicable.
Other Regulations
for fast food restaurants shall not be
this permit, or abandonment of the use, the
restored by the permittee to the conditions
the issuance of the permit, as nearly as
10. No conditions of this entitlement shall be interpreted as
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permitting or requiring any violation of law or any unlawful
rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter ones shall take precedence.
Severability
11. If any of the conditions or limitations of this permit are
held to be invalid, that holding shall not invalidate any of
the remaining conditions or limitations set forth.
Permittee Defense Costs
12. The permittee agrees as a condition of issuance and use of
this permit to defend, at his sole expense, any action brought
against the City because of issuance (or renewal) of this
permit or in the alternative to relinquish this permit.
Permittee will reimburse the City for any court costs and /or
attorney's fees which the City may be required by the court to
pay as a result of any such action. The City may, at its sole
discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his
obligation under this condition.
National Pollutant Discharge Elimination Standards
13. Prior to issuance of a Zoning Clearance for a Building Permit,
the applicant must have submitted construction plans which
indicate how the project will comply with the National
Pollutant Discharge Elimination Standards (NPDES).
Zoning Clearance prior to Building Permit
14. Prior to approval of construction plans for plan check or
initiation of any construction activity, a Zoning Clearance
shall be obtained from the Department of Community
Development. If a applicant desires, construction plans may
be submitted to the Building and Safety Department prior to
approval of this Development Permit with a City approved Hold
Harmless Agreement.
Business Registration
15. Prior to the issuance of a Zoning Clearance for tenant
occupancy, the prospective tenant shall obtain a Business
Registration Permit from the City.
Change of Ownership Notice
16. No later than ten (10) days after any change of property
ownership or change of lessee(s) or operator(s) of the subject
building, there shall be filed with the Director of Community
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Development the name(s) and address(es) of the new owner(s),
lessee(s) or operator(s) together with a letter from any such
person(s) acknowledging and agreeing with all conditions of
this permit.
Other Uses
17. If in the future, any use or uses are contemplated on the site
differing from that specified in the zoning clearance approved
for the occupancy, either the permittee, owner, or each
prospective tenant shall file a project description prior to
the initiation of the use. A review by the Director of
Community Development will be conducted to determine if the
proposed use is compatible with the CPD Zone and the terms and
conditions of this permit. Said review will be conducted at
no charge and an approval letter sent, unless a minor or major
modification to the Planned Development is required, in which
case all applicable fees and procedures shall apply.
Acceptance of Conditions
18. The permittee's acceptance of this permit and /or commencement
of construction and/ or operations under this permit shall be
deemed to be acceptance of all conditions of this permit.
Compliance with Rule 210 and Transportation Demand Management
19. The project tenant (employer) will be required to comply with
APCD Rule 210, the District's trip reduction measure. This
rule requires that the employer develop and implement a trip
reduction plan containing strategies to reduce the number of
solo drivers commuting to the work site. The target is to
meet a specific average vehicle ridership (AVR) of 1.35. This
will be increased to 1.5 after 1997. In order to comply with
APCD Rule 210, the project applicant (site employer) must
notify the Transportation Program Administrator at APCD, by
mail, that the firm is to begin operation. After occupancy of
the building, the APCD will contact the applicant and work
with them to complete and implement their plan. Increased AVR
may be achieved by, but not limited to, the following
reduction measures.
a. Direct financial incentives for employees who carpool,
vanpool, buspool, or use public facilities.
b. Use of fleet vehicles for ridesharing employees for
personal errands.
C. Preferential parking for ridesharing employees.
d. Facility improvements which provide preferential access
and /or egress for ridesharing vehicles.
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e. personal rideshare matching and /or active use of
computerized rideshare matching service such as Commuter
Computer.
f. A guaranteed- ride -home program for ridesharing employees
in emergency situations.
g. An on -site day care facility.
h. Facility improvements to encourage bicycling and walking
(showers, bicycle racks or lockers, etc.)
i. Flexible work schedules to transit users, bicyclists, and
pedestrians.
j. Compressed work weeks such as 4/40 or a 9/80 or a 3/35
work schedule where employees report to work fewer days
during a two week period, but no longer work shifts, than
employees who work five 8 -hour days per week.
k. Telecommunicating ( ie . , working at home) one or more days
per week.
In addition, the applicant is required to comply with Chapter
17.48 of the Municipal Code entitled "Transportation Demand
Management ".
Provision for Image Conversion of Plans into Optical Format
20. Prior to issuance of the first Certificate of Occupancy, the
builder shall provide to the City an image conversion of
building, landscape, public improvement and site plans into an
optical format acceptable to the City Clerk.
Drain for Grocery Cart Cleaning
21. The applicant shall provide an area with a drain at the rear
of the market for the purpose of cleaning grocery carts. Cart
cleaning shall only take place in this designated area.
Employee Parking
22. Employees shall be required to use the parking located to the
rear of the shopping center.
On -site Improvements
23. No Zoning Clearance may be issued for construction until all
on -site improvements specified in this permit have been
provided or the Director of Community Development approves the
acceptance of a Performance Bond to guarantee the construction
and maintenance of exterior improvements including, but not
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limited to perimeter tract walls (including stucco treatment),
fences, slope planting or other landscape improvements not
related to grading, private recreational facilities, etc.
Said on -site improvements shall be completed within 120 days
of issuance of a Certificate of Occupancy. In case of failure
to comply with any term or provision of this condition, the
City Council may by resolution declare the surety forfeited.
Upon completion of the required improvements to the
satisfaction of the City, the City Council may reduce the
amount of the bond; however, the bond must be kept in full
effect for one year after the last occupancy to guarantee that
items such as perimeter tract walls, including stucco
treatment; landscaping; fences; slope planting or other
landscape improvements not related to grading; private
recreational facilities, etc. are maintained.
Tenant Occupancy
24. Prior to the issuance of a zoning clearance for tenant
occupancy, the proposed use shall be reviewed and approved by
the Ventura County Environmental Health Division to ensure
that the proposal will comply with all applicable State and
local regulations related to storage, handling, and disposal
of potentially hazardous materials, and that any required
permits have been obtained. If required by the County
Environmental Health Division, the applicant shall prepare a
hazardous waste minimization plan.
Utilities Assessment District
25. The applicant agrees not to protest the formation of an
underground utility assessment district.
Certificate of Occupancy Requirement
26. No use for which this permit is granted shall be commenced
until a Certificate of Occupancy has been issued by the
building and safety division. In addition, no Certificate of
Occupancy may be issued until all on -site improvements
specified in this permit have been completed or the applicant
has provided a faithful performance bond. Said on -site
improvements shall be completed within 120 days of issuance of
the Certificate of Occupancy. In case of failure to comply wit
any term or provision of this agreement, the city council may
by resolution declare the surety forfeited. Upon completion
of the required improvements to the satisfaction of the
director of community development, the surety may be
exonerated by action of the Director of Community Development.
Change of Tenant
27. Prior to initial occupancy or any subsequent change of tenant
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occupancy, the owner
representative shall
Community Development
clearance shall be t
compatible with the
permit.
Continued Maintenance
of the subject building, or the owners
apply for a zoning clearance from the
Department. The purpose of the zoning
o determine if the proposed uses(s) are
zoning and terms and conditions of the
28. The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
permittee shall be required to remedy any defects in ground or
building maintenance, as indicated by the Code Enforcement
Officer within thirty (5) days after notification.
Prohibition of Outside or Truck Storage
29. No outside storage of any materials or overnight parking of
any semi - trucks or truck trailers shall be permitted between
10pm and lam.
Offer of Dedication
30. Prior to issuance of a Zoning Clearance for construction, the
applicant shall provide an irrevocable offer of an easement to
the City for the purpose of maintaining all landscaping of the
slopes on the north and west property lines (adjacent to
residential lots) of the site and the areas adjacent to Tierra
Rejada Road and Mountain Trail Street. The area referred to
shall be all landscaped portions of the required setback area
adjacent to the public right -of -way on Tierra Rejada Road and
Mountain Trail Street. The applicant shall be responsible for
maintenance of the aforementioned area as well as the
landscaping within the public right -of -way adjacent to the
project. If the City at the it's sole discretion determines
the landscape maintenance is determined to be unsatisfactory
in any of the aforementioned areas, the City may invoke the
offer of dedication and assume responsibility at the owner's
expense for any or all of the aforementioned areas. The total
cost of maintenance for the areas noted above shall be borne
by the applicant. The City may at its sole discretion place
the aforementioned areas in a landscape maintenance assessment
district. The applicant shall record a covenant to this
effect. The applicant shall maintain the right to protest the
amount and spread of any proposed assessment, but not the
formation of, or annexation to a maintenance assessment
district.
Repair or Maintenance of Trucks
31. No repair or maintenance of trucks or any other vehicle shall
occur on site.
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Loading and Unloading Operations
32. Loading and unloading operations shall not be conducted
between the hours of 9:00 p.m. and 7:00 a.m. unless approved
by the Director of Community Development.
Noxious Odors
33. No noxious odors shall be generated from any use on the
subject site.
Uses and Activities to be Conducted Inside
34. All uses and activities shall be conducted inside the
building(s) unless otherwise authorized by the Director of
Community Development.
Graffiti Removal
35. The applicant and his successors, heirs, and assigns shall
remove any graffiti within five (5) days from written
notification by the City of Moorpark. All such graffiti
removal shall be accomplished to the satisfaction of the
Director of Community Development.
APCD On -site Building Manager
36. The on -site building manager or designee will conduct an
annual air quality education program on -site to alert
employees to any new developments in air quality information.
This measure shall be coordinated through the Air Pollution
Control District (APCD).
Landscaping
Submittal of Landscape Plans
37. Prior to issuance of a Zoning Clearance, a complete landscape
plan ( 3 sets) , together with specifications shall be submitted
to the Director of Community Development.
a. A maintenance program shall be prepared by a State
Licensed Landscape Architect, generally in accordance
with the Ventura County Guide to Landscape Plans, and
shall be submitted to the Director of Community
Development for review and approval prior to issuance of
a grading permit.
b. The landscape plan shall include planting and irrigation
specifications for manufactured slopes and all common
areas proposed to be maintained by the Owners'
Association.
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C. Earthen berms shall be provided (with concurrence with
the Director of Community Development) to screen views of
parked vehicles from Tierra Rejada Road and Mountain
Trail Street.
d. In the area of future buildings not under construction,
turf and irrigation shall be installed.
e. The final landscape plans shall be in substantial
conformance with the conceptual landscape plan submitted
with the application.
f. The applicant shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation
system, and of final landscape inspection.
g. The landscaping and planting plan submitted for review
and approval shall be accompanied by a deposit as
specified by the City of Moorpark. Additional funds may
subsequently need to be deposited to cover all landscape
plan check and inspection fees.
h. The landscaping shall be approved by the Director of
Community Development and in place and receive final
inspection prior to recordation of the map or occupancy
as determined by the Director of Community Development.
i. The City's landscape architect shall certify in writing
that the landscape and irrigation system was installed in
accordance with the approved Landscape and Irrigation
Plans.
j. The final landscape plans shall include landscaping
specifications, planting details, and design
specifications consistent with the following
requirements:
i. The landscape plan shall include the final design
of all sidewalks, barrier walls, streetscape
elements, urban landscaping and pedestrian paths
within the project limits.
ii. (a) A 50 percent shade coverage shall be
provided within all open parking areas.
Shade coverage is described as the
maximum mid -day shaded area defined by a
selected specimen tree at 50 percent
maturity.
iii. All plant species utilized shall be drought
tolerant, low water using variety.
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iv. Landscaping at site entrances and exits and any
intersection within the parking lot shall not block
or screen the view of a seated driver from another
moving vehicle or pedestrian (PD).
V. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six -
inch high concrete curbs.
vi. Landscaping shall be designed so as to not obstruct
the view of any exterior door or window from the
street (PD).
vii. Trees shall not be placed directly under any
overhead lighting which could cause a loss of light
at ground level (PD).
viii. Earthen berms and /or low walls shall be
provided to screen views of parked vehicles
from access roads.
ix. Backf low preventers, transformers, or other exposed
above grade utilities shall be shown on the
landscape plan(s) and shall be screened with
landscaping and /or a wall.
x. A sufficiently dense tree planting plan emphasizing
tall growing trees and /or shrubs shall be designed.
The size of trees shall be as follows: 40% - 15
gallon, 30% - 24 inch box, and 30% - 36 inch box
size.
xi. A coordinated tree planting program shall be
developed which will provide a dominant street tree
within the components of the proposed development.
xii. Irrigation shall be provided for all permanent
landscaping, as identified in the approved
landscape plan. The applicant shall be responsible
for maintaining the irrigation system and all
landscaping. The applicant shall replace any dead
plants and make any necessary repairs to the
irrigation system consistent with the landscape
plan approved for the development.
xiii. Exotic plants which are known to spread beyond
their original plantings and invade native
habitats such as Pampus Grass, Spanish Broom,
and Tamarisk shall not be used.
xiv. Landscaping shall not cover any exterior door or
window. (PD)
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xv. Landscaping at entrances /exits or at any
intersection within the parking lot shall not block
or screen the view of a seated driver from another
moving vehicle or pedestrian. (PD)
xvi. Prior to final inspection of the buildings,
permanent irrigation shall be provided for all
permanent landscaping (tree replacement, common
area landscaping, and erosion control landscaping).
The applicant shall be responsible for maintaining
any irrigation system and all landscaping. The
applicant shall replace any dead plants and make
any necessary repairs to the irrigation system
consistent with the landscape plan approved for the
project.
FEES
Case Processing Costs
38. The applicant shall pay all outstanding case processing
(planning and engineering), and all City legal service fees
prior to issuance of a Zoning Clearance.
Current and Future Park System Contribution
39. The applicant shall contribute to the City of Moorpark an
amount of $.25 per square foot of gross floor area for the
portion of the buildings sited on the approximate four (4)
acre property redesignated from Community Focus Area to
Neighborhood Commercial by Major Modification No. 3 to Planned
Community No. 3. The funds shall be used to support the
City's current and future park system.
Art and Public Places Contribution
40. The applicant shall contribute to the City of Moorpark's Art
in Public Places Fund, an amount of $.10 per each square foot
of building area. The applicant may create a public art
project on or off -site in lieu of paying the Art in Public
Places fee. The art work must have a value corresponding to
the fee and must receive approval from the City Council.
Traffic System Management Contribution
41. The permittee shall make a total contribution to the Moorpark
Traffic Systems Management Fund (TSM) of $496,738.03 as a
mitigation measure to fully mitigate the significant impact to
fund TSM programs or clean -fuel vehicles programs as
determined by the City and to meet the Mitigation Monitoring
Program. This may be paid prior to the issuance of a Zoning
Clearance for construction of each building in the amount of
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$4.1787 per square foot of building area.
Covenant Requirement
42. The applicant shall execute a covenant running with the land
on behalf of itself and its successors, heirs, and assigns
agreeing to participate in the formation of an assessment
district or other financing technique including, but not
limited to, street and sewer improvements necessitated by this
project and other projects within the assessment district, as
approved by the City Engineer. The subdivider shall retain
the right to protest the amount and the spread of any proposed
assessment.
Calleguas Municipal Water District Release
43. Prior to issuance of a Building Permit, the developer shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
project have been made. Applicant shall be required to comply
with Ventura County Waterworks Rules and Regulations,
including payment of all applicable fees.
School Assessment Fees
44. Prior to the issuance of a Building Permit, the applicant
shall pay all school assessment fees levied by the Moorpark
Unified School District, if applicable.
Citywide Traffic Mitigation Fee
45. The applicant shall execute a covenant running with the land
(or pay a traffic mitigation fee) on the behalf of itself and
its successors, heirs, and assigns agreeing to participate in
the formation of an assessment district or other financing
technique including, but not limited to, the payment of
traffic mitigation fees, which the City may implement or
adopt, to fund public street and traffic improvements directly
or indirectly affected by the development.
Code Enforcement Costs
46. The Director of Community Development may declare a
development project that is not in compliance with the
Conditions of Approval or for some other just cause, 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
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land upon which the nuisance existed (Municipal Code Section
1.12.080).
Ordinance 102 Requirement
47. The applicant shall pay a fee established pursuant to
Ordinance 102 in the amount of $ .05 per sq. ft. to be used to
install, maintain and replace landscape work on public
property for the purpose of mitigating the removal of the
natural landscape from the property of the new development.
Note: Other fees may be found in the City Engineer's Conditions of
Approval.
Architecture
48. All entrance /exit driveways shall be a minimum of 30 feet in
width. (PD)
Sign Program
49. Prior to the issuance of a Zoning Clearance, a comprehensive
sign program for the entire project site shall be submitted
for approval of the Director of Community Development. The
sign program shall be designed to provide for a uniform on-
site sign arrangement and design.
a. All proposed signs shall conform to the approved sign
program, prior to issuance of a sign permit by the
Director of Community Development or his designee.
b. No off -site signs are permitted.
C. The approved sign program for the location shall
supersede the City's Zoning Ordinance.
Revisions to Plot Plan
50. The plot plan shall not be revised to reflect any requirements
for right -of -way dedications, unless an appropriate
modification is approved by the City.
51. The pedestrian access from the rear of the site from the
terminus of Sagewood Drive shall be eliminated.
52. The drug store at the corner of Tierra Rejada and Mountain
Trail shall be relocated to the area of the proposed market.
53. The existing 16,480 sq. ft. corner pad designated for the
proposed drug store shall be redesigned to allow for two pads
of 5,500 sq. ft. each to be used for separate buildings as
proposed for the originally approved site plan.
PP10:19:95 19:46amA: \CC.RSS 15
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54. The truck entrance from Mountain Trail located by the drug
store pad shall be eliminated.
55. Pad B shall be set back from the right of way a minimum of 30
feet with a minimum of 20 feet of landscaping from property
line.
Truck Traffic
56. Truck traffic to and from the site
Rejada Road from State Route 23 to
Violations of this condition will
issued to the business owner which
truck service.
Utility Room
shall not utilize Tierra
or from the project site.
result in citations being
was the recipient of the
57. A utility room with common access to house all meters and the
roof access ladder shall be provided. No exterior access
ladder of any kind shall be permitted.
Use of Asbestos
58. No asbestos pipe or construction materials shall be used.
Utilitv Lines
59. All proposed utility lines within and immediately adjacent to
the project site (as determined by the Director of Community
Development) shall be placed underground to the nearest off -
site utility pole. All existing utilities shall also be
undergrounded to the nearest off -site utility pole with the
exception of 66 KVA or larger power lines. This requirement
for undergrounding includes all above - ground power poles on
the project site as well as those along the frontage of the
site in the Poindexter Avenue right -of -way. The developer
shall indicate in writing how this condition will be
satisfied. Any above grade utility fixtures shall be placed
adjacent to landscaped areas and screened on three sides.
Address Numbers
60. Addresses numbers a minimum of 6 inches in height, shall be
installed prior to occupancy, shall be of contrasting color to
the background, and shall be readily visible at night. Where
structures are set back more than 250 feet from the street,
larger numbers will be required so that they are
distinguishable from the street.
61. Address numbers will be placed on all buildings, in an obvious
sequenced pattern, to be reviewed by the Police Department
prior to installation (PD).
PPIO :19:95 19:46amA:\CC.RES
E�:7
62. If required by the Moorpark Police Department, addresses shall
also be displayed on the roof in florescent orange with the
numbers and street in letters a minimum of three feet in
height. (PD).
Exterior Access
63. There shall not be any easy exterior access to the roof area,
i.e. ladders, trees, high walls, etc (PD).
Plot Plan Requirements
64. The following shall be depicted on the plot plans and shall be
subject to approval by the Director of Community Development:
a. The transformer and cross connection water control
devices shall be shown on the plot plan and landscaping
and irrigation plan and screened from street view with
masonry wall or landscaping.
b. All fences and walls shall be shown on the plot plan and
landscaping and irrigation plan.
C. Bicycle racks or storage facilities shall be provided on-
site.
d. All required loading areas and turning radii shall be
depicted on the plot plan. A 45 foot turning radius
shall be provided for loading zones consistent with the
AASHO WB -50 design vehicle.
e. Elevations of proposed hardscape treatment (such as the
building entrance, window and door treatment) shall be
submitted with the final construction plans.
Parapet Wall Requirement
65. Roof design and construction shall include a minimum 18 -inch
extension of the parapet wall above the highest point of the
flat roof area.
Lighting Plan
66. For all exterior lighting, a lighting plan shall be prepared
by an electrical engineer registered in the State of
California and submitted to the Department of Community
Development for review and approval. The lighting plan shall
achieve the following objectives: Avoid interferences with
reasonable use of adjoining properties; minimize on -site and
off -site glare; provide adequate on -site lighting; limit
electroliers height; provide structures which are compatible
with the total design of the proposed facility and minimize
PP10:19:95 19:46amA:\CC.RES
17
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energy consumption.
The lighting plan shall include the following:
a. A photometric plan showing a point -by -point foot candle
layout to extend a minimum of twenty (20) feet outside
the property lines. Layout plan to be based on a ten (10 )
foot grid center. Down lighting and accent landscape and
building lighting shall be employed throughout the
project.
b. Maximum overall height of fixtures shall be twenty five
(25) feet in the main parking area and twenty (20) feet
in the rear parking area..
C. Fixtures must possess sharp cut -off qualities with a
maximum of one foot candle illumination at or beyond
property lines.
d. Energy efficient lighting devices shall be provided.
e. A minimum of one, and a maximum of two foot candle
illumination with a 1.5 foot candle average, or as
otherwise approved by the Director of Community
Development.
f. No light shall be emitted above the 90 degree or
horizontal plane. No direct light source shall be
visible from the street.
g. Lighting devices in the parking lot shall be shielded and
directed downward to avoid light and glare on neighboring
properties.
h. Lighting devices shall be high enough as to prohibit
anyone on the ground from tampering with them unless
tamper proof fixtures are approved by the Director of
Community Development. All exterior lighting devices
shall be protected by weather and breakage resistent
covers (PD).
i. Lighting at all exterior doors shall be lighted with a
minimum maintained two foot candles at ground level.
j . The design of the light and light poles shall be of a
Mission style. The design as which is subject to the
review and approval of the Director of Community
Development.
67. A copy of the lighting plans shall also be submitted to the
Police for approval.
PP10:19:9519:46amA:\CC.RES
Location of Property Line Walls
68. All property line walls shall be no further than one inch from
the property line.
Downspouts
69. No downspouts shall be permitted on the exterior of the
building.
Roof Mounted Equipment
70. All roof mounted equipment (vents, stacks, blowers, air
conditioning equipment, etc.) that may extend above any
parapet wall shall be enclosed on all four sides by view
obscuring material. Prior to the issuance of a Zoning
Clearance, the final design and materials for the roof screen
and location of any roof mounted equipment must be approved by
the Director of Community Development. All screening shall be
tall enough to block all views of equipment and shall be
maintained during the life of the permit. Construction
material shall match the color and material used in the
construction of the buildings. Colors, materials and building
appendages ( such as mechanical equipment on the roof, etc.) of
the proposed building shall be compatible with the existing
building and adjacent development and non - reflective in
nature.
Exterior Ground Level Equipment
71. Any outdoor ground level equipment and storage (such as
loading docks, shelter docks, cooling towers, generators,
etc.) shall be screened from view by a masonry wall, the
design of which shall be approved by the Director of Community
development or his designee. The wall shall be constructed of
materials and colors consistent with the main building.
Building Materials and Colors
72. All exterior building materials and paint colors shall be as
submitted.
Skylights
73. If skylights are proposed, the specific type and model must be
approved by the Director of Community Development to ensure
that they shall be of an opaque type to minimize evening
illumination as viewed from the exterior.
Noise Generation Sources
74. All roof mounted equipment and other noise generation sources
PP10:19:95 19:46aM: \CC.RES 19
on -site shall be attenuated to 45 dBA at the property line, or
to the ambient noise level at the property line measured at
the time of the occupant request. Prior to the issuance of a
zoning clearance for initial occupancy or any subsequent
occupancy, the Director of Community Development may request
that a noise study be submitted for review and approval which
demonstrates that all on -site noise generation sources would
be mitigated to the required level. The noise study must be
prepared by a licensed acoustical engineer in accordance with
accepted engineering standards.
Energy Saving Devices
75. The building shall be constructed
These shall include those device
Administrative Code, Title 24.
Parkins
Striping of Spaces
using energy saving devices.
s required by the California
76. The striping for parking spaces and loading bays shall be
maintained so that it remains clearly visible.
Parking Lot Surface
77. All parking areas shall be surfaced with asphalt or concrete
and shall include adequate provisions for drainage, striping
and appropriate wheel blocks, curbs, or posts in parking areas
adjacent to landscaped areas.
Rubbish and Recycling Space Requirements
Requirement for Franchise Hauler Usage Form
78. All trash disposal areas shall be provided in a location which
will not interfere with circulation, parking or access to the
building, and shall be screened with a six foot high, solid
wall enclosure with metal gates. The final design of the
trash enclosures shall be subject to approval of the Director
of Community Development prior to the issuance of a Zoning
Clearance. Trash areas and recycling bins shall be depicted
on the final construction plans, the size of which shall be
approved by the Director of Community Development and the City
employee responsible for recycling /solid waste management
programs.
Prior to issuance of a Zoning Clearance, the Franchise Hauler
Usage Form must be submitted by the Applicant to the Community
Development Department. The Moorpark Municipal Code Section
8.36.080 requires that only the City's franchised or permitted
haulers provide residential, commercial, and temporary drop
PP10:19:95 19:46amA:\CC.RES
20
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box /bin solid waste collection services. The applicant must
specify which franchised hauler is to be contracted for
ongoing or temporary solid waste collection services for this
project. The form is available at the Community Development
Department and the form contains a listing of the City's
franchised haulers.
Recvclina Plan
79. Prior to issuance of an Occupancy Permit, a Waste reduction
and recycling plan shall be submitted to the City of Moorpark
Department of Community Development prior to occupancy of the
building. The plan shall include a designated building
manager, who is responsible for in- _tiating on -site waste
materials recycling programs. This shall include the
acquiring of storage bins for the separation of recycling
programs. This shall include the acquiring of storage bins
for the separation of recyclable materials and coordination
and maintenance of a curbside pick -up schedule.
Waste Manaaement Education Proaram
80. The on -site building manager or designee will conduct a
routine waste management education program on -site to alert
employees to any new developments or requirements for solid
waste management. This measure shall be coordinated through
the City's Solid Waste Management Department.
Disposal Areas on Plot Plan
81. Rubbish and recycling disposal areas shall be depicted on the
final construction plans. The number and size of the bins
required, and the space allocation for areas of disposal with
enclosures shall be approved by the Director of Community
Development and the City employee responsible for
recycling /solid waste management programs.
a. Rubbish disposal areas shall include adequate, accessible
and convenient areas for collecting and loading
recyclable materials. The dimensions of the recycling
area shall accommodate containers consistent with current
methods of collection in the area in which the project is
located.
b. Adequate number of bins or containers shall be provided
to allow for the collection and loading a recyclable
materials generated by the development. For commercial
(general, office, or retail), developments, space
allotment for 2 three cubic yard bins (107" x 84 or 168"
x 53.5 "), or a space allotment for one 40 cubic yard bin
(288" x 120 ") and one 3 cubic yard bin (84" x 53.5). The
intended use for this space is to hold two side -by -side
PP10:19:95 19:46amA:\CC.RBS 21
ul
3 cubic yard containers (one for refuse, one for
recyclables) , or one 40 cubic yard bin for refuse and one
3 cubic yard for recyclables.
C. The design of the refuse disposal areas shall be
compatible in design with the development and the
surrounding area.
d. Disposal areas shall be protected from weather conditions
which might render collected recyclable materials
unmarketable.
e. Driveways or travel aisles shall provide unobstructed
access for collection vehicles and personnel, and provide
the minimum vertical clearance of 30 feet, or other
specified clearance required by the collection methods
and vehicles utilized by the hauler.
f. A sign, approved by the Director of Community
Development, clearly identifying all recycling and solid
waste collection and loading areas, and the materials
accepted therein shall be posted adjacent to all points
of access to the recycling areas.
g. Refuse disposal areas shall not be located in any area
required by the Municipal Code to be constructed or
maintained as unencumbered, according to fire and other
applicable building and /or public safety laws.
h. Recycling area (s) shall be located so they are
convenient and adjacent to regular refuse collection
areas.
i. Enclosure. The design of the refuse and recycling
enclosures shall be subject to the approval of the
Director of Community Development, prior to the issuance
of a zoning clearance. All rubbish disposal areas and
recycling areas shall be screened with a six foot high,
solid wall enclosure with metal gates.
i. In cases where space for 2 three cubic yard bins is
required (107" x 84 or 168" x 53.511), the opening
of any bin enclosure must be at least 84 inches
(the size of a three cubic yard bin). This
requirement applies to the amount of space exposed
when the gate is fully opened.
ii. Each refuse \recycling enclosure shall have gates
and should be designed with cane bolts to secure
the gates when in the open position.
PP10:19:9519:46amA:\CC.RES 22
6., o- , Mgt
O'L "-W e
iii. Space allocation for rubbish and recycling
enclosures shall be designed in a manner that
complies with the equal access requirements of
Title 24 and the American with Disabilities Act.
iv. The enclosure shall have a separate indirect
pedestrian access way which does not require doors
or gates.
Building and Safety
Unconditional Will -Serve Letter
82. Prior to the issuance of a Building Permit, an "Unconditional
Will Serve Letter" for water and sewer service will be
obtained from the Ventura County Waterworks District No. 1.
Water Service Connection
83. At the time water service connection is made for each project,
cross connection control devices shall be installed for the
water system in accordance with the requirements of the
Ventura County Environmental Health Department.
Waterline Requirement
84. Developer shall be required to install 8 inch waterline within
"A" Court to provide domestic water services for each building
and also to provide fire protection for the development.
APCD Review of Uses
85. Prior to occupancy, Ventura County APCD Air Pollution Control
District (APCD) shall review all uses to ensure compliance
with the California Health and Safety Code ( Section 65850.5 et
seq.) regarding the use, storage and disposition of hazardous
materials. Final Certificate of Occupancies shall be withheld
until compliance with these provisions from the Ventura County
APCD is provided.
Building Security Ordinance
86. All aspects of building design shall conform to standards set
forth in the City's "Building Security Regulations" (PD).
Construction Security Guard
87. During construction, the construction site shall be properly
secured through the use of a perimeter chain link fence as
specified by the Moorpark Police Department. (PD)
PP10:I9:95 19:46amA:\CC.RES 23
Equipment Secured
88. During construction, equipment, tools, etc., shall be properly
secured during non - working hours. (PD)
Secured Appliances
89. All appliances (microwave ovens, dishwashers, trash
compactors, etc.) will be properly secured to prevent theft
prior to installation during non - working hours. All serial
numbers will be recorded for identification purposes (PD).
Enforcement of Vehicle Codes
90. Prior to Occupancy, the applicant shall request the City to
enforce appropriate vehicle codes on subject property as
permitted by Vehicle Code Section 21107.7.
CITY ENGINEER CONDITIONS
PRIOR TO ISSUANCE OF A ZONE CLEARANCE, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
GRADING
91. The applicant shall submit to the City of Moorpark for review
and approval, a grading plan that is consistent with the
approved conceptual grading /drainage plan of CPD 90 -2 Major
Mod. #1; shall enter into an agreement with the City of
Moorpark to complete the improvements; and shall post
sufficient surety guaranteeing completion. The grading plan
shall be prepared by a California Registered Civil Engineer.
92. An erosion control plan shall be submitted for review and
approval along with the grading plan. Erosion control
measures shall be in place and functional between October 15th
and April 15th. Along with the erosion control measures,
hydroseeding of all graded slopes shall be required within 60
days of completion of grading.
93. The applicant shall submit to the City of Moorpark for review
and approval, a detailed Soils Report certified by a
Registered Civil Engineer in the State of California. The
report shall include a Geotechnical investigation with regard
to liquefaction, expansive soils, and seismic safety.
In addition, the soils report shall discuss the contents of
the soils as to the presence or absence of any hazardous waste
or other contaminants in the soils.
The report shall also address repairs completed on the
northerly and westerly property line slopes of the site.
PP10:19:95 19:46amA:\CC.RES 24
€' 'n9
The grading plan shall incorporate the recommendations of the
approved Soils Report. Note: Review of the soils report by
the City's consultant may be required by the City Engineer.
If so, the applicant shall reimburse the City for all costs
including the City's administrative and overhead costs.
94. An 18" slough wall shall be constructed directly behind the
back of the sidewalk where slopes over 4' are adjacent to
sidewalk so as to reduce debris from entering streets.
STORM RUN -OFF
95. The applicant shall demonstrate for each building pad, to the
satisfaction of the City Engineer, as follows:
a. Adequate protection from a 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura
County Standards.
d. The grading plan shall show contours indicating the 50,
100 & 500 year flood levels.
96. The applicant 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 drainage plans and calculations shall
indicate the following conditions before and after
development:
a. Quantities of water, water flow rates, major water
courses, 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
Standards except as follows:
b. All storm drains shall carry a 50 -year frequency storm;
C. All catch basins shall carry a 50 -year storm;
d. 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;
e. All culverts shall carry a 100 -year frequency storm;
PP10:19:95 19:46amA:\CC.RES 25
f. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
g. Under a 50 -year frequency storm, all streets shall be
provided with a minimum of one travel lane in each
direction with a goal that local, residential and private
streets shall have one dry travel lane available in each
direction;
h. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the subdivider;
i. All drainage grates shall be designed and constructed
with provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer;
j. If the land to be occupied is in an area of special flood
hazard, the subdivider shall notify all potential buyers
in writing of this hazard condition;
k. All flows from brow ditches, ribbon gutters and similar
devices shall be deposited into the storm drain system
prior to entering streets. If necessary, the storm drain
shall be extended beyond the public right -of -way through
easements to eliminate surface flow between parcels. Both
storm drain and easements outside the right -of -way are to
be maintained by the Property - Owners' Association as
required by the City Engineer;
M. 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.
97. The applicant 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
approved by the City, shall be delineated on the final
drainage plans. Either on -site retention basins or storm
water acceptance deeds from off -site property owners must be
specified. These facilities must also be acceptable to the
Ventura County Public Works Agency.
98. The applicant shall construct all necessary drainage
facilities, including brow ditch and slope bench drainage
channels, with a permanent earth tone color so as to minimize
visual impacts. Said color shall be submitted to and approved
by the Director of Community Development and the City Engineer
PP10 :19:9519:46amA: \CC.RSS 26
as part of the grading plans.
99. Sufficient surety, as specified by the City Engineer,
guaranteeing the public improvements shall be provided. The
surety shall remain in place for one year following acceptance
of the public improvements by the City.
STREET IMPROVEMENTS
100. The applicant shall submit to the City of Moorpark for review
and approval, revised street improvement plans prepared by a
Registered Civil Engineer conforming to City Drawing # 91 -ML
10442; shall enter into an agreement with the City of Moorpark
to complete the improvements; and shall post sufficient surety
guaranteeing the construction of the improvements.
The improvements shall include concrete curb and gutter,
sidewalk, street lights, traffic signal modifications,
striping and signing, paving and any necessary transitions to
the satisfaction of the City Engineer. All driveway locations
shall be as shown on the approved site plan for CPD 90 -2 Major
Mod #1 and as approved by the City Engineer and Director of
Community Development.
101. Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the subdivider at
his expense.
102. Publicly dedicated streets shall conform to the design
requirements of the Ventura County Road Standards (most recent
revision) except as follows.
a. Sidewalk crossfall shall not exceed 2 %.
b. Sidewalks to provide a minimum clear width of five
feet for pedestrians.
103. The applicant shall provide a warrant study for the
intersection of Cedar Springs Street and Mountain Meadow Drive
to determine the need for a signal and the timing of its
installation at a point in time to be determined by the City
Engineer. The applicant shall pay the cost of the warrant
study prior to the issuance of a building permit and if a
signal is determined necessary, install it or provide surety
in a form and amount approved by the City Engineer.
104. The applicant shall deposit with the City of Moorpark a
contribution for the Tierra Rejada /Moorpark Road Area of
Contribution (AOC).
The actual deposit shall be the then current Tierra
Rejada /Moorpark Road Area of Contribution rate, applicable at
27
vu
the time of payment. If previous payment of this contribution
can be demonstrated, to the City's satisfaction upon
concurrence of the City Manager, the applicant would not have
to pay the Area of Contribution fee.
105. The applicant shall also submit wall and landscaping plans and
a copy of the CC &R's showing that provisions have been taken
to provide for and maintain proper sight distances.
106. The applicant shall demonstrate legal access to all parcels to
the satisfaction of the City Engineer.
107. The subdivider shall pay all energy costs associated with
street lighting for a period of one year from the acceptance
of the street improvements.
DURING THE GRADING /CONSTRUCTION OPERATIONS, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
108. Construction activities shall be limited to between the
following hours: a) 7:00 a.m. and 7:00 p.m. Monday through
Friday, b) 9:00 a.m. to 5:00 p.m. Saturday. No work to be
accomplished on Sunday pursuant to Ord. #149. Truck noise
shall be minimized by the requirement that "Jake Brakes" shall
not be used along the haul route within the City.
109. Construction equipment shall be fitted with modern sound
reduction devices. The contractor shall insure proper
maintenance and operation of all construction equipment.
Direct injection diesel or gasoline powered engines shall be
used if feasible.
110. During the smog season (May - October) the developer 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 a Stage II smog alert.
111. A regular watering program to reduce dust shall be
implemented. In an effort to reduce water consumption, the
grading contractor shall use reclaimed water for dust control
on site, when available and as approved by the City Engineer.
Water shall be applied to the graded portions of the project
site as determined by the City Engineer. This is estimated to
reduce the amount of dust generated by up to 50 percent.
a. All active portions of construction site shall be watered
sufficiently to prevent excessive amounts of dust. Non -
potable water shall be used if determined feasible by the
Director of Community Development, the City Engineer and
the applicant. Complete coverage watering shall occur at
PPI0:19:95 19:46amA:\CC.RES 28
least twice daily, preferable in the late morning and
after work is done for the day.
b. All material excavation or grading shall be
sufficiently watered to prevent excessive
amounts of dust.
C. All trucks importing or exporting fill to or
from the Tract shall use tarpaulins to cover
the load.
d. All clearing, grading, earth moving, or excavation
activities shall cease during periods of high
winds greater than 20 miles per hour (mph)
averaged over one hour.
e. All unimproved areas with vehicle traffic shall be
watered periodically and the vehicle speed shall be
limited to 15 mph.
f. Streets and private parking adjacent to the area being
graded shall be swept as needed to remove silt which may
have accumulated from construction activities so as to
prevent excessive amounts of dust.
g. The area disturbed by clearing, grading, earth moving, or
excavation operations shall be minimized at all times.
112. Advise, in writing, all employees involved in grading
operations to wear face masks during all periods of grading to
reduce inhalation of dust which may contain the fungus which
causes the San Joaquin Valley Fever.
113. Remove silt, dust or other construction materials, as directed
by the City Engineer, which may have accumulated from
construction activities along the streets or on private
property in the vicinity of the site. Periodically sweep
streets and parking areas, as per the City Engineer in the
vicinity of the site to remove silt (i.e., fine earth material
transported from the site by wind, vehicular activities, water
run -off, etc.) which may have accumulated from the
construction project.
114. Geometric improvements and traffic control measures approved
by the City Engineer, or associated Traffic Studies must be
included on the grading plan.
115. 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, and the City
Construction Observer shall be notified immediately. Work
shall not proceed until clearance has been issued by all of
29
these agencies. Contaminated and hazardous soil as defined by
Department of Health Services may not be used for on -site soil
fill or roadway subgrade unless the Department of Health
Services determines in writing that said material has been
treated to a level that is no longer considered a public
health risk or requires public discloser by the Department of
Real Estate. Any contaminated or hazardous soil shall be
removed to be approved landfill.
116. Backfill of any pipe or conduit shall be in 4" fully compacted
layers unless otherwise specified by the City Engineer.
117. Soil testing for compaction is to be performed on all pipe or
conduit placement. The interval of testing shall be less than
once every 4 feet of lift and 100 lineal feet of pipe or
conduit placed.
118. Where roads requiring four or more inches of pavement are to
be built, the applicant shall construct the required street
section minus one -tenth of a foot of paving as an interim
condition until all utility cuts or trenching are completed.
The final one -tenth of a foot cap of asphalt shall be placed
after all necessary trenching is completed.
119. That prior to any work being conducted within the State or
City right -of -way, the applicant shall obtain an Encroachment
Permit from the appropriate agency.
120. If necessary, the applicant shall obtain a Ventura County
Flood Control District Watercourse Encroachment Permit.
PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
121. If the land is in a special flood hazard area, the applicant
shall notify all potential buyers of this condition.
122. Construction of the second westbound left turn lane at the
intersection of Tierra Rejada Road /Mountain Trail Street and
associated traffic signal modification by the applicant must
be completed and fully operational prior to any occupancy of
this project.
All costs to redesign and install the modifications for the
following intersections as a result of this application shall
be borne by the applicant at its sole expense and not eligible
for AOC reimbursement or credit:
A. Tierra Rejada Road at Mountain Trail Street.
B. Tierra Rejada Road at High School (North Center
entrance {formerly Brookwood }).
C. Tierra Rejada Road at Countrywood.
PP10:19:95 19:46aM:\CC.RES 30
123. An 18" slough wall shall be constructed directly behind the
back of the sidewalk where slopes over 4' are adjacent to
sidewalk so as to reduce debris from entering streets.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
124. All surety guaranteeing tl
in place for one year
improvements by the City.
three years after final ma
building permit shall be
greater than the consumers
SMSA) for a period since
shall be increased in lik(
ie public improvements shall remain
following acceptance of the
Any surety bonds that are in effect
p approval or issuance of the first
increased an amount equal to of
price index (Los Angeles /Long Beach
original issuance of the surety and
manner each year thereafter.
125. All utilities are required to be underground to the nearest
off -site utility pole except through transmission lines.
Prior to the issuance of a zoning clearance, the applicant
shall submit a plan for review and approval to the Director of
Community Development which identifies how compliance with the
undergrounding requirement will be met.
126. An "Unconditional Will Serve Letter" for water and sewer
service will be obtained from the Ventura County Waterworks
District No. 1.
127. If any archaeological or historical finds are uncovered during
excavation operations, the permittee shall assure the
preservation of the site; shall obtain the services of a
qualified archaeologist to recommend disposition of the site;
and shall obtain the Director of Community Development's
written concurrence of the recommended disposition before
resuming development.
PRIOR TO THE ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND
EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
128. Original "as- built" plans will be certified by the applicant's
civil engineer and submitted with two sets of blue prints to
the City Engineer's office. Although grading plans may have
been submitted for checking and construction on sheets larger
than 22" X 36 ", they must be resubmitted as "As- Builts" in a
series of 22" X 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "As- Built" plans are
required before a final inspection will be scheduled.
129. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
130. The applicant shall file for a time extension with the City
Engineer's office at least six weeks in advance of the
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a 4 Bpi
expiration of the agreement to construct subdivision
improvements. The fees required will be in conformance with
the applicable ordinance section.
131. All surety guaranteeing the public improvements shall remain
in place for one year following acceptance of the
improvements by the City. Any surety bonds that are in effect
three years after final map 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.
FIRE DEPARTMENT CONDITIONS
132. Where two way traffic and parallel parking on one side and
off - street parking on one side occurs, a 30 -foot street width
shall be provided (FD).
133. Where two way traffic and off - street parking on both sides
occur, a 25 -foot street width shall be provided (FD).
Submission of Plans
134. Prior to construction, the applicant shall submit two site
plans to the Fire District for approval of the location of the
fire lanes. The fire lanes shall be posted in accordance with
California Vehicle Code, Section 22500.1 and Article 10 of the
Uniform Fire Code prior to occupancy (FD).
135. A plan shall be submitted to the Fire District for review
indicating the method in which buildings are to be identified
by address numbers (FD).
136. Prior to construction, the applicant shall submit plans to the
Fire District for approval of the hydrants. On plans, show
existing hydrants within 300 feet of the development (FD).
137. Plans for any fire alarm system shall be submitted to the Fire
District for plan check (FD).
138. Building plans for all A,E, and H occupancies shall be
submitted to the Fire District for plan check (FD).
Brush Removal
139. All grass or brush exposing any structure (s) yo fire hazards
shall be cleared for a distance of 100 feet prior to framing,
according to the Ventura County Fire Protection District (FD).
32,.,�-
Trash Containers
140. Commercial trash dumpsters and containers with an individual
capacity of 1.5 cubic yards or greater shall not be stored or
placed within 5 feet of openings, combustible walls, or
combustible roof eave lines unless protected by approved
automatic fire sprinklers (Uniform Fire Code, Article 11)
(FD).
141. Applicant shall obtain VCFD Form No. 126 "Requirements for
Construction" prior to obtaining a building permit for any new
structures or additions to existing structures (FD).
Fire Hydrants
142. Fire hydrants shall be installed and in service prior to
combustible construction and shall conform to the minimum
standard of the Moorpark Waterworks Manual (FD).
a. Each hydrant shall be a 6 inch wet barrel design and
shall have two 4 inch and one 2 1/2 in outlet(s).
b. The required fire flow shall be achieved at no less than
20 psi residual pressure.
C. Fire hydrants shall be spaced 300 feet on center and so
located that no structure will be farther than 150 feet
from any one hydrant.
d. Fire hydrants shall be set back in from the curb face 24
inches on center.
Reauired Fire Flow
143. The minimum fire flow shall be determined by the type of
building construction, proximity to other structures, fire
walls, and fire protection devices provided, as specified by
the 1991 Uniform Fire Code Appendix III -A and adopted
amendments. Given the present plans and information, the
required fire flow is approximately 2,300 gallons per minute
at 20 psi. The applicant shall verify that the water purveyor
can provide the required volume to the project (FD).
,144. Fire flow is based on Type V construction. New hydrant
locations shall be completed for this site (FD).
Sprinkler System
145. Buildings protected by an automatic sprinkler system, shall
submit plans, with payment for plan check, to the Fire
District for review (FD).
PP10:19:9519:46amA:\CC.RES 33
146. Any structure greater than 5,000 square feet in area and /or 5
miles from a fire station shall be provided with an automatic
fire sprinkler system in accordance with Ventura County
Ordinance No. 14.
All Weather Access
147. Prior to combustible construction, all weather access
road /driveway suitable for use by a 20 -ton Fire District
vehicle shall be installed.
Vertical Clearance
148. All driveways shall have a minimum vertical clearance of 13
feet 6 inches.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITION
149. The applicant for service shall comply with the Ventura County
Waterworks District No. 1 "Rules and Regulations" including
all provisions of, or relating to the existing industrial
waste discharge requirements and subsequent additions or
revisions thereto.
SECTION 2. The City Council hereby rescinds Resolution No. 90-
729 approving CPD 90 -2.
PASSED, APPROVED AND ADOPTED THIS 1ST DAY OF NOVEMBER, 1995.
Mayor of the City of Moorpark
ATTEST:
City Clerk
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