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HomeMy WebLinkAboutAGENDA REPORT 1996 0814 CC SPC ITEM 03AA G E N D A R E P O R T C I T Y O F M 0 O R P A R K TO: Honorable City Council FROM: Nelson Miller, Director of Community Developmen4 Deborah S. Traffenstedt, Senior Planner DATE: August 9, 1996 (CC Meeting of 8- 14 -96) SUBJECT: CONSIDER THE SPECIAL DEVICES I ORATED (SDI) PROJECT: GENERAL PLAN AMENDMENT NO. 95 -1, ZONE CHANGE NO. 95 -3, VESTING TENTATIVE MAP NO. 5004, AND INDUSTRIAL PLANNED DEVELOPMENT (IPD) PERMIT NO. 95 -2 BACKGROUND A Planning Commission public hearing for the Draft Environmental Impact Report (EIR) and proposed Project entitlements (General Plan Amendment, Zone Change, Vesting Tentative Map, and IPD Permit) was held on June 10, 1996. At that meeting, the public hearing on the Draft EIR was closed, and the public hearing on the proposed Project was continued to July 1, 1996, and then subsequently continued (without discussion) to July 15, 1996. The Planning Commission closed the public hearing on the Project on July 15 and adopted a resolution recommending approval of the SDI Project (Attachment 1). The staff reports for the July 15 and June 10 Planning Commission meetings are attached (Attachments 2 and 3), and provide a detailed discussion of the proposed project and issues. A location map, reduced copy of the Vesting Tentative Map, reduced copy of the IPD Permit Site Plan, and full -size Vesting Tentative Map, Site Plan, Elevations, and Conceptual Landscape Plan exhibits are also attached to this staff report (Attachments 4 through 10). DISCUSSION Since the Planning Commission's July 15 meeting, the Vesting Tentative Map has been corrected to include the topography for the c: \1- m \sdi \cc8- 1496.sdi Special Devices Incorporated To: Honorable City Council August 9, 1996 Page 2 flag area of Lot 3, and the street section for "A" Street is now consistent with the conditions of approval, as shown on the attached Vesting Tentative Map (Attachment 7). Minor revisions to the draft conditions of approval, attached to the Planning Commission's Resolution, are recommended, as identified below with legislative format (strikeout and shading). Vesting Tentative Map No. 5004 21. The draft CC &R's shall be submitted to the Director of Community Development and the City Attorney for review and approval prior to approval of the first phase of the Final Map by the City Council, and the Subdivider shall be required to pay all costs associated with such review. All applicable conditions of approval shall be highlighted in the copies of the CC &R's submitted for City review. Prior to sale of any lots, the CC &R' s shall be appreved by State Departfaent a= Real Bstate —and then recorded. Approval by the City shall not be construed to mean that the City has any obligation to enforce CC &R's. -- ----- - - - - -- - -- - -- - -- -- -- - 83. The Subdivider shall submit to the City of Moorpark for review and approval, detailed Geotechnical Engineering and Engineering Geology Reports certified by a California C: \1- m \sdi \cc8- 1496.sdi Special Devices Incorporated To: Honorable City Council August 9, 1996 Page 3 Registered Civil Engineer and Geologist. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The report shall also discuss 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 and engineering geology reports, by the City's Geologist and Geotechnical Engineer, shall be required. The Subdivider shall reimburse the City for all costs including the City's administrative fee for this review. 104. Prior to approval of the Final Map, a Master Drainage and Flood Control Improvement Plan shall be prepared which identifies all required drainage and flood control improvements necessary to implement the proposed project. This plan shall be prepared in consultation with the Moorpark City Engineer and the Ventura County Flood Control District to facilitate required interagency coordination. The plan shall identify all major improvements and typical drainage facilities for all developable lots and all maintenance area lots included within the Vesting Map boundary. The capacity, location, and size of all culverts, storm drains, collection devices, energy dissipaters, and related improvements shall be designed to the satisfaction of the City Engineer and Flood Control District. Capacity details for the construction of any on -site detention features shall be included in the Master 3ntt. 4 3, Improvement Plan. All necessary permits required to implement the Improvement Plan shall be obtained from the County Flood Control District prior to City issuance of a permit for rough grading. Their Tit Plan shall identify what improvements must be completed coincident with the initiation of rough grading. C: \1- m \sdi \cc8- 1496.sdi Special Devices Incorporated To: Honorable City Council August 9, 1996 Page 4 105. if deemed necessary by the City Engineer Mi ..,9.. .. !T,upon review of final grading and /or building plans, a Bank Protection Plan shall be prepared to address potential direct and indirect flooding related hazards to Lots B, C, 3 and 4 and the aeeess ±-ead 4ink4ng the flay This Plan shall be prepared after review and approval of the Master Drainage and Flood Control Improvement Plan (i t n.t — meaeu e ' a' eve) . The bank protection devices incorporated into this Plan shall, to the degree feasible, emphasize the use of "soft" surface improvements (such as gabions, erosion control matting, buried retention features such as subsurface retaining walls, and similar devices) to minimize modifications to the existing channel. Potential locations for hazard remediation shall be identified in the Plan. Modifications to the Plan required by the City Engineer or the Ventura County Flood Control District shall be made as requested. The Bank Protection Plan shall also be reviewed by the Department of Fish and Game for compliance with 1603 Permit requirements. An approved Bank Protection Plan shall be completed prior to issuance of rough grading permits or any building permits for commercial or manufacturing structures. Construction of any required bank protection along the Arroyo Simi must be completed before issuance of Building Permits or occupancy approval. 118. (Delete italic type font.) C: \1- m \sdi \cc8- 1496.sdi Special Devices Incorporated To: Honorable City Council August 9, 1996 Page 5 A, i:�l °,♦�15"i fit§ ti jl3 ;.. E,(j E a € t sd � , "�'s^ - j�€sc €ij € € i.i.?�£1 r�„L�r,EEtd d.a ,., ,. .,'.x €. n�. .. ...�. 3..... E., .a.. ,,$�s££YPe;I1 €(t€.....:i.... .. 139. All diesel engines used in construction equipment-a shall use reformulated diesel fuel aid 180. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1994 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 3,500 gallons per minute at 20 psi. The Subdivider shall verify that the water purveyor can provide the required volume at the project. 195. During all grading and site clearance activities, earth moving equipment shall be equipped with spark arrestors and at least C: \1- m \sdi \cc8- 1496.sdi Special Devices Incorporated To: Honorable City Council August 9, 1996 Page 6 two portable fire extinguishers per vehicle. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Protection District IPD Permit No. 95 -2 112. The SR -23/� ,j�jLos Angeles Avenue interchange and adjacent improvements shall have been ba' constructed to the satisfaction of the City and Caltrans. The existing interchange will improved to provide new traffic signals at the terminus of the north and southbound SR -23 off ramps and an access extension of,,;Los Angeles Avenue easterly into the SDI project. Widening of the existing road improvements within the interchange area shall also by accomplished. 114. (Delete italic type font.) C: \1- m \sdi \CC8- 1496.sdi Special Devices Incorporated To: Honorable City Council August 9, 1996 Page 7 122. All diesel engines used in construction equipments shall use reformulated diesel fuel 4' �qp 161. An alarm system shall be installed and shall be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made, 186. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1994 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 3,500 gallons per minute at 20 psi. The Subdivider shall verify that the water purveyor can provide the required volume at the project. C: \1- m \sdi \cc8- 1496.sdi Special Devices Incorporated To: Honorable City Council August 9, 1996 Page 8 191. W01KIN iM .:!:.: E E.fpAW� . �E€ 13u 11 a 1 ng plans of all A and H occupancies shall be submitted to the Fire District for plan check. 201. During all grading and site clearance activities, earth moving equipment shall be equipped with spark arrestors and at least two portable fire extinguishers per vehicle. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Protection District' Final Environmental Impact Report The City Council was previously provided a copy of the Draft Environmental Impact Report (EIR) for the SDI Project at the beginning of the 45 -day public review period, which ended on July 8, 1996. Given the City Council's direction to expedite the processing of the SDI Project, the Planning Commission has provided a recommendation on the requested project entitlements, based on the Draft EIR, prior to completion of the Final EIR. The California Environmental Quality Act (CEQA) and the City's CEQA Procedures allow the Planning Commission to make recommendations on a project based on the Draft EIR. The Final EIR is required to be presented to the decision - making body for certification prior to approving the project. The Final EIR, including Responses to Comments received on the Draft EIR, is currently under preparation. Staff is recommending C: \1- m \sdi \cc8- 1496.sdi Special Devices Incorporated To: Honorable City Council August 9, 1996 Page 9 continuance of the public hearing to August 21, 1996, to allow completion of the Final EIR and distribution of Responses to Comments, and completion of the Mitigation Monitoring Program, EIR Findings, and Statement of Overriding Considerations. STAFF RECOMMENDATION 1. Open the public hearing and take public testimony on the proposed Project. 2. Direct staff to prepare the Final EIR (including Responses to Comments), Mitigation Monitoring Program, EIR Findings, and Statement of Overriding Considerations; 3. Direct staff to prepare a draft approval resolution and zone change ordinance; 4. Continue the public hearing to August 21, 1996. Attachments: 1. Planning Commission Resolution No. PC -96 -322 A. Draft Vesting Tentative Map No. 5004 Conditions B. Draft IPD Permit No. 95 -2 Conditions 2. Planning Commission 7 -15 -96 Staff Report (no attachments) 3. Planning Commission 6 -10 -96 Staff Report (no attachments) 4. Zoning Map Showing Project Location 5. Reduced (8 %1' x 1111) Sheet 1 of Vesting Tentative Map 6. Reduced (8 %11 x 1111) Site Plan 7. Vesting Tentative Map (two sheets) 8. Site Plan 9. Elevations (two sheets) 10. Conceptual Landscape Plan C: \1- m \sdi \ccB- 1496.sdi RESOLUTION NO. PC -96 -322 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT NO. 95 -1, ZONE CHANGE NO. 95 -3, VESTING TENTATIVE MAP NO. 5004, AND INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2, ON THE APPLICATION OF SPECIAL DEVICES INCORPORATED WHEREAS, at a duly noticed public hearing on June 10, 1996, and continued public hearings on July 1, and July 15, 1996, the Planning Commission considered the application filed by Special Devices Incorporated, consisting of General Plan Amendment No. 95- 1, Zone Change No. 95 -3, Vesting Tentative Tract Map No. 5004, and Industrial Planned Development (RPD) Permit No. 95 -2 for a 297.92 - acre site located within the Moorpark Area of Interest in Ventura County and the City of Moorpark, directly east of the State Route 23 and New Los Angeles Avenue interchange (Assessor Parcel No(s): 500 -0- 350 -145 and 513 -0- 050 -085); and WHEREAS, at its meetings of June 10, July 1, and July 15, 1996, the Planning Commission took testimony from all those wishing to testify on the project, closed the public hearing on the Draft Environmental Impact Report on June 10, closed the public hearing on the project on July 15, and reached its decision on the matter on July 15; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the project information presented to the Planning Commission, including but not limited to, the Draft EIR and technical appendices, staff reports, and staff and public testimony, the Planning Commission hereby makes the following findings: General Plan Amendment Finding The approval of General Plan Amendment No. 95 -1 is consistent with the goals and policies of the Land Use Element, as well as consistent with the other elements of the City's General Plan. Zone Change Finding Subject to approval of General Plan Amendment No. 95 -1, the approval of Zone Change No. 95 -1 is consistent with the City's General Plan. ATTACHMENT 1 Resolution No. PC -96 -322 Page 2 Subdivision Map Act Findings The Planning Commission finds that the Tentative Vesting Map, with imposition of the attached conditions of approval, meets the requirements of the Government Code Sections 66412.3, 66473.1, 66473.5, 66474, 66474.6, and 66478.1 et sect, and the City's Subdivision Ordinance, as follows: 1. The proposed Vesting Tentative Map is consistent with the intent and provisions of the City's General Plan. 2. The design and improvements of the proposed subdivision are consistent with the General Plan. 3. The project site is physically suitable for the type of development proposed. 4. The project site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, with incorporation of EIR mitigation measures. (Adoption of a Statement of Overriding Considerations is required.) 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 7. The design of the subdivision and the type of improvements would not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. B. Discharge of waste from the proposed subdivision into the existing community sewer system would not result in violation of existing water control requirements under California Water Code Section 13000 et seq. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. 10. The design of the subdivision provides to the extent feasible, future passive or natural heating or cooling opportunities. Resolution No. PC -96 -322 Page 3 11. The effect of this action upon the housing needs of the region has been considered and balanced against the public service needs of City residents and available fiscal and environmental resources. Industrial Planned Development Permit Findings 1. The proposed industrial project is consistent with the intent and provisions of the City's General Plan and Zoning Code. 2. The proposed industrial project is compatible with the character of surrounding development. 3. The proposed industrial project would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4. The proposed industrial project would not be detrimental to the public interest, health, safety, convenience, or welfare. 5. The proposed industrial project is compatible with existing and planned land uses in the general area where the development is to be located. 6. The proposed industrial project is compatible with the scale, visual character and design of the surrounding properties, is designed so as to enhance the physical and visual quality of the community, the proposed structures will have design features which provide visual relief, and open space has been incorporated to provide separation between land uses of conflicting character. 7. The Planning Director has recommended approval of the proposed maximum building height of 41 feet. SECTION 2. The Planning Commission hereby recommends approval of General Plan Amendment No. 95 -1, to revise the land use designation for proposed Lots 1 and 2 from Open Space 2 to General Commercial; for Lot 3 from Open Space 2 to Medium Industrial; for Lot 4 from Open Space 2 to Open Space 1; and for the approximately 56.82 acres of Lot A, that is proposed for a Sphere of Influence amendment and annexation from the County, to show a land use designation of Open Space 2 on the City's General Plan land use map. SECTION 3. The Planning Commission hereby recommends approval of Zone Change No. 95 -3, to revise the zoning for proposed Lots 1 and 2 from Open Space -40 Acres to Commercial Planned Development (CPD); for Lot 3 from Open Space -40 Acres to Limited Industrial (M- 2); for Lot 4 from Open Space -40 Acres to Open Space -20 Acres; and for the approximately 56.82 acres of Lot A, that is proposed for a Resolution No. PC -96 -322 Page 4 Sphere of Influence amendment and annexation from the County, to pre -zone the area as Open Space -40 Acres. SECTION 4. The Planning Commission hereby recommends that the City Council conditionally approve Vesting Tentative Map No. 5004, subject to compliance with all of the conditions attached hereto as Attachment A, including mitigation measures identified in the Final Environmental Impact Report. SECTION 5. The Planning Commission hereby recommends that the City Council conditionally approve IPD Permit No. 95 -2, subject to compliance with all of the conditions attached hereto as Attachment B, including mitigation measures identified in the Final Environmental Impact Report. The action with the foregoing direction was approved by the following roll call vote: AYES: Commissioners Miller, Acosta, Martens, and Chairman Torres NOES: ABSENT: ABSTAIN: Commissioner May PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF JULY, 1996. John Torres, Chairman ATTEST: Celia La Fleur Secretary Attachments: A. Vesting Tentative Map No. 5004 Draft Conditions of Approval B. IPD Permit No. 95 -2 Draft Conditions of Approval VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 VESTING TENTATIVE MAP NO. 5004 CONDITIONS OF APPROVAL (Mitigation measures are identified by italic type in the following conditions.) I. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS Permitted Uses 1. Vesting Tentative Map No. 5004 is approved for the land and project identified as Special Devices Incorporated: General Plan Amendment No. 95- 1, Zone Change No. 95 -3, and Industrial Planned Development Permit No. 95- 2. The location and design of all site improvements shall be as shown or described in the application (including technical reports), on the approved Vesting Tentative Map (Sheets 1 and 2, dated 1996), except or unless indicated otherwise herein in the following conditions, including mitigation measures. No development, including any grading, building, or other use, shall be allowed for the northeast portion of Lot 3 (flag area) until additional environmental review has been completed and a new Industrial Planned Development (IPD) Permit has been approved by the City. City Regulations 2. The conditions of approval of Vesting Tentative Map 5004 and all provisions of the Subdivision Map Act, City of Moorpark Zoning Code and adopted City policies, procedures, and standards supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. Other Agency Regulations 3. All applicable requirements of any law or agency of the State, County, and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 4. No condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules, standards, or guidelines apply, the stricter standard shall take precedence. Acceptance of Conditions 5. Recordation of this subdivision shall be deemed to be acceptance by the Subdivider, and his heirs, assigns, and successors of the conditions of this Map. Reference Conditions of Approval on Final Map_ DST:c: \1- M \sdi \pc- cond.vtm 1 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 6. A notation which references approved Conditions of Approval shall be included on all phases of any Final Map in a format acceptable to the Director of Community Development. Severability 7. If any of the conditions or limitations of this subdivision are held to be invalid by a court of competent jurisdiction, that holding shall render this Vesting Tentative Map null and void at the discretion of the City. Expiration of Vesting Tentative Map B. This Tentative Map shall expire three (3) years from the date of its approval. Upon application of the Subdivider, filed at least 30 -days prior to the expiration of the conditionally approved Tentative Map, the City Council may, at its discretion, extend the Tentative Map for a period or periods not exceeding a total of three (3) years, if there have been non - significant changes to adjacent land uses and if the Subdivider can document that due diligence has been extended towards completion of map recordation during the initial 3 year period of map approval. Subdivider Defense Costs 9. The Subdivider agrees as a condition of issuance and use of this permit to 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 IPD Permit, which claim, action or proceeding is brought within the time period provided therefore by the Government Code Section 66499.37. The Subdivider 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 any obligation under this condition. Title Report 10. The Subdivider shall submit to the Department of Community Development and the City Engineer for review and approval a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. Sphere of Influence Amendment and Annexation 11. Prior to Final Map approval, the Subdivider shall process and receive approval of a Sphere of Influence amendment and annexation, from the Local Agency Formation Commission (LAFCO), for the approximately 56.84 -acre DST:c: \1- M \sdi \pc- cond.vtm 2 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 portion of Lot A that is within the unincorporated area of Ventura County. This requirement shall be waived, if LAFCO determines that the adjustment to the City's jurisdictional boundary can be made as a correction, without requiring Sphere of Influence amendment and annexation approvals. Image Conversion 12. Upon recordation and prior to the first occupancy for each phase, the Subdivider shall provide to the City an image conversion of Final Map No. 5004 any associated building, grading, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. Outstanding City Case Processing Costs 13. The Subdivider shall pay all outstanding City case processing and environmental impact report related costs, prior to initiation of condition compliance review for approval of a grading permit, Final Map, or Zoning Clearance for any phase, and prior to submission of any plans for Building Inspector or City Engineer plan check. Zoning Clearance 14. Prior to submittal of construction plans for plan check or initiation of any grading or other construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. The request for Zoning Clearance shall be accompanied by three complete sets of all applicable construction plans. Hold Harmless Agreement 15. Prior to Zoning Clearance approval, construction plans may be submitted to the Building and Safety Department and City Engineer for plan check with a City approved Hold Harmless Agreement. Modifications 16. Any changes to the Vesting Tentative Map, including but not limited to phasing, lot sizes or dimensions, street layout, and areas to be graded, shall require the filing of an application for Modification. The type of Modification permit shall be determined by the Director of Community Development pursuant to the criteria established in the Zoning Code and Subdivision Ordinance. Vehicle and Municipal Code Enforcement for Private Streets 17. Prior to opening the private streets for public use, the Subdivider shall request the City to adopt a resolution authorizing enforcement of applicable provisions of the California Vehicle Code and Moorpark Municipal Code. Irrevocable Offer of an Easement for Landscaping Maintenance DST:c: \1- M \sdi \pc- cond.vtm 3 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 18. Prior to Final Map approval for any phase, the Subdivider shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping and related drainage improvements for all areas adjacent to private roadways and slopes facing State Route 23 that are required to be landscaped. The Subdivider shall also offer to dedicate access easements to the City of Moorpark over all private streets to provide access for maintenance of landscaping and drainage improvements. Should the Owner's Association fail to maintain the street and parkway landscaping, including landscaping on all manufactured slope areas adjacent to private streets and facing State Route 23, and any associated drainage, in a satisfactory manner, these areas, or portion thereof, shall be placed, at the City's option, in a City assessment district. The total cost of formation of an assessment district or annexation to an existing assessment district and the maintenance provided by the assessment district for the areas described above, including the cost of converting irrigation systems or other required work, shall be borne by the property owners within the entire Vesting Map No. 5004 area, as determined by the City. The Subdivider shall record a covenant to inform the purchasers of all of the affected lots of this potential action. Conditions, Covenants and Restrictions (CC &R's) 19. Covenants, Conditions and Restrictions (CC &R's) and By -laws establishing an Owner's Association shall be prepared. The CC &R's for the Owner's Association shall identify all Common Maintenance Areas within the boundaries of Vesting Map No. 5004, including maintenance of private streets, street and parkway landscaping, all manufactured slope areas adjacent to private streets and facing State Route 23, any slope directly affecting drainage or street facilities, any common- shared driveways, all storm drains, and any fencing or walls within common areas. CC &R's to Include Applicable Conditions of Approval 20. The CC &R's shall also include all Vesting Tentative Map and IPD Permit conditions of approval, that have been identified by the Director of Community Development for inclusion. Review of Draft CC &R's 21. The draft CC &R's shall be submitted to the Director of Community Development and the City Attorney for review and approval prior to approval of the first phase of the Final Map by the City Council, and the Subdivider shall be required to pay all costs associated with such review. All applicable conditions of approval shall be highlighted in the copies of the CC &R's submitted for City review. Prior to sale of any lots, the CC &R's shall be approved by the State Department of Real Estate and then recorded. Approval by the City shall not be construed to mean that the City has any obligation to enforce CC &R's. Modification of CC &R's DST:c: \1- M \sdi \pc- cond.vtm 4 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 22. The Owner's Association may modify the CC &R's only to the extent that they do not conflict with the terms of approval of the Vesting Tentative Map No. 5004, and IPD Permit No. 95 -2. Sixty (60) days notice must be given to the City of the intent to modify CC &R's. Further, it is the sole responsibility of the Owner's Association to enforce the CC &R's. Owner's Association Responsibility for "Common Maintenance Areas" 23. Maintenance responsibility for the "Common Maintenance Areas ", including but not limited to, the private "A" Street improvements, landscaping improvements in the parkway, storm drains, any slope directly affecting drainage, and any other items deemed necessary by the City, shall be provided by an Owner's Association. The total cost of the maintenance provided by the Owner's Association shall be borne by the property owners of Lots 1, 2, and 3 of Vesting Map No. 5004. The Subdivider shall be responsible for installing all required Common Maintenance Area improvements and maintaining such Common Maintenance Area improvements, to the City's specifications and satisfaction, until acceptance by the City for inclusion in the Owner's Association. County of Ventura Computer -Aided Mapping System 24. The Final Map, including phased tract maps, 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." Condition Compliance and Environmental Quality Assurance Program Costs 25. Prior to rough grading permit approval, and approval of a Final Map for any phase, the Subdivider shall submit a deposit for condition compliance review and mitigation monitoring. The mitigation monitoring program shall be enforced through implementation of an Environmental Quality Assurance Program (EQAP) as recommended in the approved mitigation monitoring program. The EQAP shall be implemented through the City; at the City's option, contract specialists shall be retained to monitor construction and mitigation compliance. The Subdivider shall pay to the City 100 percent of all City and consultant costs for condition compliance review and mitigation monitoring. Contour Grading 26. Final fine grading plans must conform with the principles of contour grading. Manufactured landforms shall be contoured and daylight grading techniques shall be used to provide a smooth and gradual transition of graded and natural slopes, while preserving the basic character of the surrounding ridgelines of the site. Rough and fine grading plans for lots shall be reviewed for compliance with these principles by the Director of Community Development and the City Engineer. Also, the grading plans DST:c: \1- M \sdi \pc- cond.vtm 5 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. Aesthetic Treatment of Manufactured Slopes 27. Suitable quantities of trees massed near the landform crest and shrubs of varying sizes on graded slopes shall be used to screen structures and to soften the visual appearance of the graded slopes. Temporary Irrigation for Erosion Control Landscaping 28. Temporary irrigation shall be provided for all non - permanent erosion control landscaping, until it is replaced with permanent irrigation, unless otherwise approved by the Director of Community Development. Temporary irrigation must be replaced with permanent irrigation prior to issuance of a Zoning Clearance for the first building, unless drought tolerant plants selected do not require permanent irrigation. Drainage Between Lots 29. Cross lot drainage shall not be allowed; all lots shall drain directly to an approved drainage system. Drainage Structures 30. Concrete drainage structures shall be tan colored concrete and, to the extent possible, shall incorporate natural structure (such as rock elements) and landscape to reduce their visibility. Surety for Rough Grading 31. A rough grading permit shall not be approved until: 1) the Final Map has been recorded; and 2) the City Engineer and the Director of Community Development approve the acceptance of a Performance Bond to guarantee implementation of the erosion control plan and completion of the rough grading; construction of "A" Street and all related improvements including landscaping; construction of water and sewer line extensions; construction of all required drainage improvements; and implementation and maintenance of habitat restoration (as required by the mitigation monitoring program). In the case of failure to comply with this condition, the City Council may by resolution declare the surety forfeited. Upon completion of rough grading and erosion control plan compliance to the satisfaction of the City, and following recordation of all phases of the Final Vesting Map, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for a minimum of one year following rough grading to ensure adequate erosion control and revegetation. Tree Report 32. Prior to approval of a rough grading permit for the northeast portion of Lot 3, a Tree Report for that area shall be completed to determine the DST:c: \1- M \sdi \pc- cond.vtm 6 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 health and replacement value for all mature trees and oak trees as required by the City Municipal Code and to clearly identify the location of trees that will be impacted and any that can be saved. Landscaping Requirements 33. Prior to rough grading permit approval, complete landscaping and irrigation plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect for the Common Maintenance Areas and habitat replacement areas. All landscaping and irrigation plans shall be 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. The Subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. All tree replacement, Common Maintenance Area landscaping, and permanent erosion control landscaping shall be installed and receive final inspection prior to issuance of the first occupancy approval. Planting and irrigation specifications shall be included for all manufactured slopes over three (3) feet in height, all Common Maintenance Areas proposed to be maintained by the Owner's Association, and the habitat restoration areas. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, and replace mature trees lost as a result of construction. The Landscaping and Irrigation Plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. Irrigation: Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The Subdivider shall be responsible for maintaining the irrigation system and all landscaping until such time as an Owner's Association, assessment district, or similar entity approved by the City, accepts the responsibility. b. Tree Report: The information contained in the Final Vesting Map No. 5004 Tree Report, regarding which trees are to be saved or retained on the site, shall be noted on the landscape plan. c. Tree Replacement: The landscape plan shall specify how trees removed during the rough and fine grading phases of the project will be replaced in accordance with Municipal Code requirements. d. Streetscape Elements: The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. DST:c: \1- M \sdi \pc- cond.vtm 7 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 e. Dominant Street Tree: A coordinated tree planting program shall be developed which will provide a dominant street tree within the components of the proposed development. This shall be coordinated with the Oak Woodland Restoration Program and shall use trees compatible with this restoration. f. Tree Planting: A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. Planting shall be planned to achieve shade and screening in a three (3) to five (5) year time period. The size of the trees to be planted shall be subject to approval of the Director of Community Development. g. Landscaping Near Intersections: Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. h. Trees Prohibited Under Street Lights: Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. i. Equipment Screening: Backflow 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. j. Maintenance and Replacement: Until one year after the first occupancy approval, the Subdivider shall be responsible for maintenance of the Common Maintenance Areas. Prior to Owner's Association, assessment district, or similar entity's acceptance of responsibility for the landscaping, the Subdivider shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the subdivision. k. Native and /or Drought Tolerant Plantings: The use of native and /or drought - tolerant shrubs and trees shall be utilized for landscaping purposes in order to stabilize graded slopes and encourage the return of some wildlife species displaced from the project site as a result of grading activities. Any turf plantings shall also be drought tolerant, low water -using varieties. Parking lot trees and landscaping should also emphasize native or similar trees and shrubs to be compatible with slope planting and restoration areas. 1. Exotic Plants Prohibited: Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. M. Oak Woodland Restoration: To the degree feasible and permitted by geotechnical constraints, the northern perimeter of the project adjacent to the Arroyo Simi shall be designed to provide a 50 -foot setback from the escarpment above the Arroyo Simi. An oak woodland DST:c: \1- M \sdi \pc- cond.vtm 8 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 restoration zone shall be provided on the edge and side slope of this re- graded escarpment. The entire areas of visible surface of the fill slopes proposed along the northern side of the development shall be planted and screened with native woodland tree species common in oak woodland habitats. The ridge system demarcating the northern perimeter of the project shall, to the extent feasible, be restored to native woodland conditions. Landscaping around the escarpment system, once it is stabilized after rough grading, shall emphasize reestablishment of existing native habitat. The landscaping program around the escarpment boundary shall emphasize the use of tiered, tree lined buttress fills, which shall be set back in segments to prevent highly visible buttress or crib walls. n. Hillside Grading Ordinance Requirements: Landscape elements such as clustering of trees and shrubs typical of concentration found in nature, incorporation of rock elements into culverts and downdrains, and berming and tree massing near the landform crest shall be used to blend in with the natural landforms and to screen views of the structures from lower lying areas, consistent with Hillside Grading Ordinance requirements. Lot 3 along the western perimeter of the project shall incorporate the use of a berm and extensive tree and shrub native landscaping to minimize the visibility of the manufacturing facilities. Landscapina and Sianaae at Entrancewa 34. The entranceway to the proposed project and driveways for Lots 1, 2, and 3 shall incorporate coordinated landscaping and signage. An orderly and consistent street tree planting program shall be required from the New Los Angeles Avenue underpass into the parking area for Lot 3 to guide visitors to the building entrance. The project entry shall receive enhanced landscape accent treatments. Construction Noise 35. No exceptions shall be permitted to construction activity limitations in City Noise Ordinances in effect at the time individual lots of the Vesting Tentative Map are developed. 36. 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 residential neighborhoods situated north of the project site across the Arroyo Simi. Impulse Noise Associated with Manufacturing Activities 37. All manufacturing processes and testing with sustained noise sources in excess of 65 dBA shall be contained indoors within the plant facility. No un- contained detonations shall be permitted. Compliance with this requirement may be achieved by a variety of means including undergrounding DST:c: \1- M \sdi \pc- cond.vtm 9 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 facilities for impulse tests, providing noise absorbing above ground structures, or by other means devised by a certified acoustical consultant. No single event testing shall be exempt from this requirement. The tolerated noise generation for the project at the property line for Lot 3 shall not exceed 65 dBA from 7 a.m. to 10 p.m. and 60 dBA from 10 p.m. to 7 a.m. or CNEL values shall not exceed 65 dBA, whichever standard is more restrictive. If ambient noise levels exceed these restrictions due to the proximity of State Route 23, the ambient noise level shall be the standard that shall not be exceeded at the property line of Lot 3. 38. The City shall require annual noise monitoring and reporting for any sustained noise generating activity. The Industrial Planned Development Permit for any project constructed on Lot 3 shall be subject to this requirement. If Lots 1 or 2 are converted from anticipated commercial to manufacturing uses, noise monitoring and reporting requirements shall also apply to these lots as well. The City shall, in the conditions for the Industrial Planned Development Permits associated with the project, reserve the right to require additional noise mitigation if monitoring data indicates such mitigation is advisable. Street Lighting Standards 39. The lowest intensity adequate night lighting shall be required within the private road streetscape; however, at the New Los Angeles Avenue intersection, brighter lighting complying with County and City intersection safety standards shall be required. Asbestos Use Prohibited 40. No asbestos pipe or construction materials shall be used within this subdivision. Calleguas Municipal Water District 41. Prior to approval of each phase of the Final Vesting Map, the Subdivider shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made. The Subdivider shall comply with Ventura County Waterworks District No. 1 Rules and Regulations, including payment of all applicable fees for domestic water sources. Waterworks District No. 1 42. Prior to recordation of any Phase of the Final Vesting Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City DST:c: \1- M \sdi \pc- cond.vtm 10 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate water or sewer service. Cross Connection Control Devices 43. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. Television Cable Service 44. Television cable service shall be provided to Lots 1, 2, and 3, consistent with City cable system requirements. Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of structures. Undergroundina of Utilities 45. Prior to approval of any phase of the Final Vesting Map, the Subdivider shall post sufficient surety to assure that all proposed utility lines designed to serve the proposed project, both within and immediately adjacent to the project site, 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 KV or larger power lines. This requirement for undergrounding includes all above- ground power poles on the project site. The Subdivider shall indicate in writing how this condition will be satisfied. Declaration of Public Nuisance 46. The continued maintenance of the Common Maintenance Areas shall be subject to periodic inspection by the City. The Subdivider or responsible Owner's Association, or similar maintenance entity, shall be required to remedy any defects in landscape maintenance, as indicated in writing by the City, within five (5) days after notification. The Director of Community Development may declare a development project or individual property that is not in compliance with the Conditions of Approval, or for some other just cause, a "public nuisance ". The Subdivider, Owner's Association, or each individual property owner, as applicable, 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. The City may enact special assessment proceedings against the parcel of land upon which the nuisance existed to pay all City costs related to abatement of the nuisance (Municipal Code Section 1.12.080). DST:c: \1- M \sdi \pc- cond.vtm 11 VESTING TENTATIVE MAP N0. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 Biological Resource Preservation 47. Prior to initiation of rough grading or approval of the Final Vesting Map, a proposed Habitat Restoration Plan shall be prepared by a qualified landscape architect with the assistance of a native plant ecologist to assure compensation for the loss of native habitats that will occur as a result of project development; this plan shall be reviewed and approved by the City Director of Community Development prior to issuance of building permits. The habitat restoration plan shall emphasize the selective use of native grasses, shrubs, trees, and plants in areas of landscaping within the project boundary and in the Caltrans interchange improvement area. The plan shall also require project perimeter planting and landscaping of selected areas with the native plants common to the native ecological communities on the site (e.g., Salvia apiana, Salvia leucophylla, Artemisia californica, Rhus integrifolia, Eriogonum fasciculatum, Encelia californica, Calochortus catalinae, Calochortus clavatus, Juncus textilis, Opuntia basilaris, Mucronea californica, Anemopsis californica). 48. The Subdivider shall fund a program to plant and /or restore acreage equal to the amount of damaged or destroyed oak woodland. To properly implement this program, an Oak Woodland Restoration and Reforestation Plan shall be prepared by a qualified landscape architect and arborist; this plan shall be reviewed and approved by the City Director of Community Development prior to issuance of building permits. The precise number of trees, replanting specifications, tree sizes and locations and related details shall be enumerated in the plan once a final grading plan is prepared for the project. The intent of this program is to provide 3:1 replacement of oak trees that are removed during grading and also replacement of lost habitat. The Plan shall require the 100 foot fill slope along the northern perimeter of Lot 3 to be fully restored with oak woodland. The Subdivider shall be responsible for maintaining the restored oak woodlands (estimated to be a period of five years) until the native trees and associated understory plants are successfully established and the City's Director of Community Development has approved in writing that maintenance can be discontinued without resulting in plant mortality. 49. Prior to initiation of rough grading or approval of the Final Map, the site plan shall be revised, to the extent feasible, to provide for preservation of riparian habitats situated on the north side of the property bordering the Arroyo Simi and floodway easement area. In addition, a riparian restoration and enhancement area shall be set aside within the portion of Lot 4 that is situated inside the 100 year flood limit line. 50. Native plants shall be used in the restoration of areas disturbed by the construction of the project. The City and Ventura County Fire Protection District shall monitor the use of native plants through review and approval of all project landscape plans. Native plants acceptable to the County Fire Protection District shall be used in fuel modification zones. To facilitate recovery of native plants in non -fuel management areas, DST:c: \1- M \sdi \pc- cond.vtm 12 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 topsoil shall be cleared, removed, stockpiled, and then, at the conclusion of grading, redistributed on cut and fill slopes. Replaced topsoil shall be stabilized to prevent erosion. 51. No Zoning Clearance shall be issued for construction on Lots 1, 2, and 3 of the Vesting Map, until any open space easements for Lots A, B, and C have been transferred, dedicated or otherwise secured from the Applicant /Developer. Verification of Open Space or Conservation Easement dedications shall be provided with the application for Zoning Clearance. No recordation of any lots shall occur until the completion of Caltrans right -of -way land exchanges have been documented (if such exchanges are still a component of the Subdivider's program for land acquisition and transfer). Evidence of the successful exchange of right -of -way shall be provided in the form of recorded easement or ownership documents prior to the approval or recordation of any Phase of the Vesting Tentative Map. 52. The development or physical improvement of Lot A is prohibited. This lot may be conveyed to an appropriate public or land conservation entity at the developer's /Subdivider's discretion or the lot may be held in fee by the Subdivider. An irrevocable dedication of all development, agricultural, grazing, mineral, and extraction rights and a Conservation or Open Space Easement prohibiting all forms of development (other than minor drainage control or conveyance devices) shall be placed on this lot at the time of recordation. Further, at the time of recordation, a note shall also be made on the Final Map that future development is unconditionally prohibited on Lot A (with the noted exceptions). 53. Lot B shall either (1) be retained in applicant ownership, (2) conveyed either to the City of Moorpark or (3) conveyed to the Ventura County Flood Control District with deed restrictions prohibiting the construction of environmentally destructive drainage conveyance or management devices. At the time of recordation, a note shall be made on the Final Map that future development is unconditionally prohibited on Lot B. 54. The development or physical improvement of Lot C shall be prohibited by deed restriction with the exception of the installation drainage conveyance devices. An irrevocable dedication of all development rights and deed restriction prohibiting all forms of development (other than minor drainage control or conveyance devices and necessary environmental restoration) shall be placed on this lot at the time of recordation. Further, at the time of recordation, a note shall be made on the Final Map that future development is unconditionally prohibited on Lot C (with the noted exceptions). 55. An updated tree report shall be prepared once the required final geotechnical analysis of the project is complete and final site design and grading evaluation has been completed. Any additional trees to be impacted by the project, not included in the original assessment, shall be incorporated into the tree report mitigation statistics (replacement value, etc.). To the degree feasible, mature trees and native oak trees located at the margins of grading activity, shall be preserved. As DST:c: \1- M \sdi \pc- cond.vtm 13 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 required by City Municipal Code, the value of all mature trees and oak trees to be removed as a result of project grading and construction shall be applied to upgrading the size of tree plantings associated with the project. The required Habitat Restoration Plan shall identify the appraisal value of native oak trees and mature trees to be removed and the upgrading of size of tree plantings proposed in compliance with City Municipal Code requirements. 56. Prior to approval of the Final Map and /or issuance of rough grading permits, the two stands of Lyon's Pentachaeta, located on Lot A, shall be precisely mapped and preserved. The Subdivider shall fund all City costs, including administration and overhead to monitor the mapped sensitive habitat areas during construction. 57. Prior to issuance of building permits for either commercial or manufacturing facilities, the removal and modification of habitat within and adjacent to the riparian corridor shall be compensated by the restoration of Valley Oak woodland and native riparian tree canopy within the 100 year flood limit line of Lot 4 adjacent to the Arroyo Simi. Mitigation shall require successful establishment of the following species and plant quantities: Species Ouan ti ty Populus fremontii (Cottonwood) 10 Alnus rhombifolia (Alder) 8 Acer negundo Subsp. (Box Elder) 8 Platanus racemosa (Sycamore) 20 Sambucus mexicana (Elderberry) 10 Juglans californicus (walnut) 10 Quercus lobata (Valley Oak) 20 Quercus agrifolia (Live Oak) 20 Trees shall at a minimum be 5 gallon container specimens (except for willows which can be 1 gallon in size) or bare root at the time of planting with a height of 7 feet from the root crown to the top branch. A long term supply of fresh (or reclaimed) water shall be provided to assure the perpetuity of the plants. Adequate root guard protection shall be provided to reduce mortality from rodent activity. Department of Fish and Game 1603 Compliance procedures shall govern the implementation of this restoration program and a permit shall be obtained from this agency prior to initiating rough grading activities. Restoration areas shall be incorporated into the project Habitat Management Plan. 58. The Habitat Management Plan shall require the removal of the noxious giant reed (Arundo donax) from the Arroyo Simi adjacent to the proposed project once every three years or less frequently if warranted. The landscape maintenance program to be coordinated for slope maintenance areas shall also address, to the degree feasible, long term removal of this species from the portion of the Arroyo adjacent to Lots 1 and 3. Recommendations to minimize regrowth of this plant shall be identified in the Habitat Management Plan. DST: c: \I-M\sdi\pc-cond.vtm 14 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 59. Prior to the first occupancy approval, perimeter fencing shall be provided in areas where employees or visitors could obtain access to surrounding conservation easement lands and maintenance areas which can be used for native plant restoration. No fencing that is likely to preclude the use of this property as a wildlife corridor shall be placed around the perimeter of the property, and all efforts to facilitate the use of this property as a wildlife corridor shall be made by the Subdivider under the guidance of the City. 60. Off road vehicle (ORV) use on property within the project boundary shall be prohibited. Prior to rough grading permit approval, signage shall be placed on the property indicating that ORV use is prohibited. 61. The Subdivider shall pay a one -time $35,000 fee for a sensitive species mitigation program to be managed by the City. The purposes of this program include: (1) studying the location and distribution of sensitive species, (2) restoring marginal habitats within proposed onsite conservation easement areas or within permanent public open space or right -of -way, (3) contributing to the purchase of endangered habitats on private land within the City. Cultural Resource Mitigation Planning 62. A Cultural Resource Monitoring Program shall be instituted during the initial vegetation clearance for the project. The purpose of this monitoring program is to determine if any significant deposits not identified during the Phase I and II survey exist within the project boundary. The monitoring shall be limited to the initial vegetation clearance phase of the grading program. if cultural deposits meeting the significance criteria defined in CEQA Guidelines are encountered, limited data recovery shall be conducted. The costs of this data recovery shall be limited as defined in Appendices to CEQA Guidelines. A Chumash representative shall be actively involved in the monitoring and any subsequent phases of the project mitigation program. Participation shall include monitoring of archaeological investigations, construction monitoring, and data analysis. 63. Prior to initiation of rough grading, the surface artifacts situated within archaeology site Ven -898 shall be mapped, recorded, and collected and this data, together with previously collected Phase II subsurface testing information, shall be incorporated into a cultural resource mitigation document for the project. This report shall also address the results of any investigation related to monitoring of initial grading activities. Paleontological Data Recovery 64. A Paleontological Mitigation Plan outlining procedures for paleontological data recovery shall be prepared and submitted to the Director of Community Development for review and approval prior to the initiation of mass DST:c: \1- M \sdi \pc- cond.vtm 15 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 grading. The development and implementation of this program shall include consultations with the Subdivider's engineering geologist. The monitoring and data recovery shall be performed by a qualified paleontologist. The data recovery shall include periodic inspections of excavations and, if necessary, fossil data recovery shall be performed to recover exposed fossil material. The costs of this data recovery shall be limited to the recovery of a reasonable sample of available material. The interpretation of reasonableness shall rest with the Director of Community Development. The costs of this Paleontological Mitigation Plan shall not exceed the financial limitations set forth in CEQA Appendix K Guidelines. State Department of Fish and Game Notice of Determination Filing Fee 65. Within two days after the City Council adoption of a resolution approving General Plan Amendment No. 95 -1, Vesting Tentative Map No. 5004, and IPD Permit No. 95 -2, the Subdivider shall submit to the City of Moorpark a check for $875.00, payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of statewide fish and wildlife trust resources. Pursuant to Public Resources Code section 21089 (b) and Fish and Game Code section 711.4 (c), the project is not operative, vested or final until the filing fees are paid. II. CITY ENGINEER CONDITIONS OF APPROVAL PRIOR TO FINAL MAP APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED: General Requirements 66. All open space or other similar areas, including those to be commonly maintained by a maintenance district, property owners association, or similar mechanism, shall be designated as separate lettered lots on the final subdivision map. Grading 67. The Subdivider shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Vesting Tentative Map, prepared by a Registered Civil Engineer. The Subdivider shall enter into an agreement with the City of Moorpark to complete the improvements and shall post sufficient surety guaranteeing completion. 68. Upon approval of the Final Map, requests for rough grading permits will be granted in accordance with the approved of Vesting Tentative Map No. 5004, as required of these conditions and local ordinance. 69. The grading plan shall provide that graded slopes be hydroseeded or permanently landscaped within thirty (30) days of completion of rough grading. The City may specify alternate deadlines for completion of all hydroseeding and /or erosion control measures, based on the grading schedule and installation of permanent landscaping, as approved by the City Engineer and Director of Community Development. DST:c: \1- M \sdi \pc- cond.vtm 16 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 70. All off -site import /export operations requiring an excess of 10 total truck loads and any staged grading, shall require Council approval prior to the issuance of a grading permit. 71. The grading plan shall indicate the locations of all existing habitat and other sensitive areas required to be protected during grading of the proposed development. A note shall appear on the grading plan indicating where these areas are within the development and where grading or stockpiling is prohibited. 72. All areas where grading is not allowed shall be clearly shown on the grading plans (all sheets) . On site haul routes shall be limited to graded areas only and shall be discussed at the on -site pre - grading meeting and delineated on the phased grading plan. 73. The Subdivider 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 with Reuse Permit procedures administered by the County Water Resources Development Department. 74. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist and a contoured appearance can still be provided. In the case of special circumstances where steeper slopes are warranted, the grading plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. 75. New slopes adjacent to roadways and development areas shall be graded in such a way that a natural contoured appearance in the graded plane shall be provided. Contour grading of all slopes shall be provided as a design element of the grading plan to the satisfaction of the Director of Community Development and the City Engineer. 76. No grading activities shall take place within at least 100 feet along the perimeter of blue line stream channels before giving proper notification to the California Department of Fish and Game, Ventura County Flood Control District and the U.S. Army Corps of Engineers. 77. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with ground cover, trees and shrubs that will stabilize slopes and minimize erosion. Interim borrow sites are to be hydroseeded within 30 days of completion of grading, shall include temporary irrigation until ground cover is established, and shall minimize rectilinear form. DST; c: \1- M \sdi \pc- cond.vtm 17 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 78. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first. 79. All development areas and lots shall be designed so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. 80. Manufactured slopes which are greater than ten (10) feet in height shall be rounded at the top and at the toe of slope to simulate natural topography. At the discretion of the Director of Community Development, side slopes may be exempt from this provision if the height of slope does not exceed 15 percent of the width of the lot and has a slope height slope of less than ten (10) feet. 81. The grading plans shall depict the methods used during grading operations which minimizes, to the extent possible, impacts or disruptions to trees which must be protected as identified in the approved oak tree or other applicable tree reports. a. Grading and /or the placement of structures shall be prohibited within the dripline or three feet from the trunks of the tree, whichever is greater. Grading and trenching within this area is to be prohibited. No fill material shall be placed within this area. b. No type of surface, either pervious or impervious, shall be placed within a six -foot radius of tree trunks. These areas shall remain uncovered and natural. C. Alternative pervious types of paving such as gravel, redwood chips, porous brick with sand joints, etc. shall be utilized. d. Retaining walls shall be used to protect existing grades within the driplines of trees. However, these walls shall not alter drainage from around trees. e. Drainage shall be directed away from tree trunks to ensure that water will not stand at the crown. To avoid drowning trees, water shall not be allowed to pond or collect within the dripline. During Construction: i. Trees within a construction area shall be protected from damage by equipment by installing temporary barriers such as fencing at the dripline. DST:c: \1- M \9di \pc- cond.vtm 18 VESTING TENTATIVE MAP N0. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 ii. Equipment, debris, building materials and /or excess soil shall not be stored within the dripline. iii. Trenches for utilities or irrigation shall be routed around the dripline where possible, as determined by the City Engineer, and shall include: (1) When not restricted by building codes only one trench shall be dug to accommodate all utilities for lots. Where necessary, the roots shall be carefully pruned by a specialist in proportion to the total amount of root zone lost. The boring of a conduit for underground utilities shall be used where possible. (2) The operation of heavy construction equipment shall avoid the driplines of trees where possible. 82. To reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The Subdivider shall use the City's standard wall detail during design and construction. All material for the construction of the wall shall be approved by the City Engineer and Director of Community Development. No retaining wall greater than 18 inches in height shall be approved immediately adjacent to a sidewalk. A minimum 2 -foot wide planting area shall be established between the back of sidewalk and any retaining or other property walls. All slough walls shall be shown as part of the approved landscape plan. Geotechnical /Geology Review 83. The Subdivider shall submit to the City of Moorpark for review and approval, detailed Geotechnical Engineering and Engineering Geology Reports certified by a California Registered Civil Engineer and Geologist. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The report shall also discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. In addition the engineering soils report shall discuss the contents of the soils and presence or absence of any hazardous waste or other contaminants. Note: Review of the geotechnical engineering and engineering geology reports, by the City's Geologist and Geotechnical Engineer, shall be required. The Subdivider shall reimburse the City for all costs including the City's administrative fee for this review. 84. All recommendations included in the approved geotechnical engineering and engineering geology reports shall be implemented during project design, DST:c: \1- M \sdi \pc- cond.vtm 19 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 grading, and construction in accordance with the approved Project. The City Engineer shall review all plans for conformance with the geologist's and soils engineer's recommendations. 85. Unless subsequent geotechnical studies direct otherwise, landslides shall be removed and recompacted during grading. Alternatively, in some instances, landslides or unstable slopes can potentially be stabilized by constructing buttress or stabilization fill slopes to reduce their potential for future down slope movement. All cut and fill slopes, foundations and structures shall be designed and constructed to comply with Appendix 33 of the 1994 Uniform Building Code (UBC) and applicable City and /or County Grading Ordinances. Modifications to these standards shall be permitted only with the written concurrence of the City Engineer and the City's consulting geologist and geotechnical engineer. 86. Prior to issuance of any grading permits, the Subdivider or subsequent developers shall contract with an engineering geologist and geotechnical engineer to study potential liquefaction related effects for Lots 1 through 3, Lots B and C, and the access road linking the northeast portion of Lot 3 (flag area) with the southeast portion of Lot 3. No structure shall be placed within 50 feet of any adopted setback for minimizing the consequences of liquefaction related failure. No development on the flag area portion of Lot 3 shall be permitted until secondary access is provided over the Arroyo Simi (or by other routes to the south) and the access road between the two potential development areas of Lot 3 is designed and built to standards that will permit the road to remain in place without significant failure in the event of an earthquake. 87. The Subdivider shall develop a master agreement among all owners of commercial and manufacturing developments within the tentative map boundary which shall provide for a Slope Maintenance Program designed to ensure that risks of slope failure are minimized. This slope maintenance program shall address recommendations contained in the project geotechnical report. The Slope Maintenance Program document shall be reviewed and approved by the City Geologist, City Engineer, and Director of Community Development prior to issuance of permits for rough grading. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist and geotechnical engineer. 88. The Subdivider's engineering geologist and geotechnical engineering consultant shall prepare a written review of detailed grading plans (1" =40' scale) . This written review is required to assure that all geotechnical recommendations have been incorporated into project plans and specifications. Supplemental recommendations shall be made on a lot by lot basis as necessary and any additional testing shall be completed prior to submission of grading plans. The grading plan review by the Subdivider's consultant may also include a recommendation to conduct additional subsurface investigation, if necessary. At the time of grading plan submittal, the Subdivider shall submit this written review to the City Engineer and consulting City geologist and geotechnical engineer for review and approval. DST:c: \1- M \sdi \pc- cond.vtm 2 0 VESTING TENTATIVE MAP N0. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 Storm Water Runoff and Flood Control Planning 89. The Subdivider 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 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; 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. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. DST:c: \1- M \sdi \pc- cond.vtm 2 1 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 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 Homeowners' Association, City assessment district, or golf course operator, unless otherwise approved by the City Council. 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. 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. n. A hydraulic /hydrology study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Subdivider shall be responsible for obtaining Ventura County Flood Control District approval of the analysis of this system, as it relates to the downstream capacity, and shall make any downstream improvements, required by Ventura County Flood Control and City of Moorpark, to support the proposed development of Tract No. 5004. 90. The Subdivider shall demonstrate for each building pad within the Final Vesting Map area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: 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. 91. The Subdivider 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." 92. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of the watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the revised flood plain locations following development. This DST:c: \1- M \sdi \pc- cond.vtm 22 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. If updates to the flood zone have been made a conditional letter of map revision shall be provided to the City prior to issuance of a zone clearance for occupancy of the first residential unit. The Subdivider will be responsible for all costs charged by the FEMA and the City's administrative costs. 93. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 94. The Subdivider 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 in the EIR or subsequently required studies and 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 Flood Control District. 95. Any lot to lot drainage easements and secondary drainage easements shall be delineated on the final map. Assurance in the form of an agreement shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. The agreement shall be submitted to the City Engineer for review and approval, and shall include provisions for the Owner's Association to maintain any private storm drainage systems not maintained by the City or a City assessment district, and shall be binding upon future property owners. 96. All runoff from man made impervious surfaces such as parking lots shall be filtered through grease /oil traps before discharge into drainage facilities leading offsite to minimize surface runoff of potential water contaminants. The contents of the traps shall be disposed per local and State regulations. 97. Concurrent with submittal of the rough grading plan an Erosion, Debris, and Sediment Control Plan (EDSCP) shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for hydroseeding and temporary irrigation on all graded slopes within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Waterworks District No. 1 at the time of grading permit approval. 98. To comply with NPDES requirements, the Subdivider shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the project. This Plan shall be reviewed and approved by the City Engineer prior to the issuance of permits for rough grading. This plan shall define how the receiving water bodies (the Arroyo Simi) shall be protected from degradation. DST:c: \1- M \sdi \pc- cond.vtm 2 3 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 The developer for each lot shall be required to file a Notice of Intent to meet State requirements regarding runoff associated with construction activity. 99. The EDSCP shall address construction impacts and long term operational effects on downstream environments and watersheds. This plan shall be prepared by a California registered Civil Engineer. Proposed management efforts shall include (but not be limited to) construction of debris and detention basins as necessary, provisions for the use of vegetative filtering devices, preparation of detailed erosion /sediment control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant National Pollutant Discharge Elimination System (NPDES) requirements and recommendations for the use of best available technology. The EDSCP shall be reviewed and approved by the City Engineer prior to the issuance of grading permits for rough grading. 100. The EDSCP shall provide that 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 Erosion and Sediment Control Plan. The following water quality assurance techniques shall be included as necessary: Minimize removal of existing vegetation. Provide temporary soil cover, such as hydroseeding, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. Rough grade contours to reduce flow concentrations and velocities. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. Phase grading to minimize soil exposure during the October through April storm period. Install sediment traps or basins. Maintain and monitor erosion /sediment controls. The developer (or successors of interest) will ensure that construction activities include proper management and disposal of concrete and other masonry wastes, paint solvents and rinse wastes, vehicle fuel and maintenance wastes (including oil), and other construction debris. This will minimize exposure of these materials to storm water and transport to the drainage system. DST:c: \1- M \sdi \pc- cond.vtm 24 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 101. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project grading plan to the degree determined necessary by the project civil engineer. The City Engineer shall review and approve the grading plan to verify implementation of the following water quality enhancement features including: drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps; check dams to reduce flow velocities; permanent desilting basins; permanent vegetation, including grass -lined swales; design of drainage courses and storm drain outlets to reduce scour. 102. Runoff from developed areas shall be diverted to detention basins and then to underground first flush filters, or other Best Management Practices, as determined by the City Engineer. These devices shall be designed by a registered civil engineer as part of the drainage improvement plans for the project. The basins and traps would require periodic maintenance by the property owner, commercial and manufacturing property owners association, or other entities. Provisions shall be made by the Subdivider to provide for maintenance of these structures in perpetuity prior to Final Vesting Map approval. 103. Prior to undertaking any bank stabilization or remedial work in the Arroyo Simi, the Subdivider shall obtain a Section 404 permit from the Army Corps of Engineers. 104. Prior to approval of the Final Map, a Master Drainage and Flood Control Improvement Plan shall be prepared which identifies all required drainage and flood control improvements necessary to implement the proposed project. This plan shall be prepared in consultation with the Moorpark City Engineer and the Ventura County Flood Control District to facilitate required interagency coordination. The plan shall identify all major improvements and typical drainage facilities for all developable lots and all maintenance area lots included within the Vesting Map boundary. The capacity, location, and size of all culverts, storm drains, collection devices, energy dissipaters, and related improvements shall be designed to the satisfaction of the City Engineer and Flood Control District. Capacity details for the construction of any on -site detention features shall be included in the Master Improvement Plan. All necessary permits required to implement the Improvement Plan shall be obtained from the County Flood Control District prior to City issuance of a permit for rough grading. The Master Plan shall identify what improvements must be completed coincident with the initiation of rough grading. DST:c: \1- M \sdi \pc- cond.vtm 2S VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 105. If deemed necessary by the City Engineer upon review of final grading and /or building plans, a Bank Protection Plan shall be prepared to address potential direct and indirect flooding related hazards to Lots B, C, 3 and 4 and the access road linking the flag area portion of Lot 3 to the main building pad of Lot 3. This Plan shall be prepared after review and approval of the Master Drainage and Flood Control Improvement Plan (Mitigation Measure 1 above). The bank protection devices incorporated into this Plan shall, to the degree feasible, emphasize the use of "soft" surface improvements (such as gabions, erosion control matting, buried retention features such as subsurface retaining walls, and similar devices) to minimize modifications to the existing channel. Potential locations for hazard remediation shall be identified in the Plan. Modifications to the Plan required by the City Engineer or the Ventura County Flood Control District shall be made as requested. The Bank Protection Plan shall also be reviewed by the Department of Fish and Game for compliance with 1603 Permit requirements. An approved Bank Protection Plan shall be completed prior to issuance of rough grading permits or any building permits for commercial or manufacturing structures. Construction of any required bank protection along the Arroyo Simi must be completed before issuance of Building Permits or occupancy approval. 106. Sediment yields in the watersheds within the project boundary shall be computed for pre - development and post - development conditions in accord with methods outlined in Erosion and Sediment Yields in the Transverse Ranges, Southern California (United States Geological Survey, 1978). These estimates of sediment yield shall be completed prior to approval of the grading plan. 107. Improvements related to sediment management shall be made which will be sufficient to reduce estimated sediment generation to pre - development levels. These improvements shall be made in conjunction with commencement of rough grading operations for the proposed developable lots. The design of debris or sediment retention facilities shall be reviewed and approved by the Ventura County Flood Control District and the City Engineer. All improvements related to debris management shall be completed prior to the first rainy season to occur after rough grading has commenced. Maintenance of any debris or sediment control facilities shall be provided under an agreement satisfactory to the Flood Control District and the Moorpark City Engineer. An improvement and maintenance cost agreement enforceable upon the future owners of the developable lots shall be required prior to the approval of the Final Vesting Map. Street Improvement Requirements 108. The Subdivider shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; 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. DST:c: \1- M \sdi \pc- cond.vtm 26 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 109. The street improvements shall include concrete curb and gutter, sidewalk, parkways, median(s), street lights, traffic signals, striping and signing, traffic control, paving, and any necessary transitions to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The Subdivider shall dedicate the necessary right -of -way to make all of the required improvements. Subdivider shall also make an irrevocable offer of dedication for private street from SR -23 interchange to northeast corner (flag area) of Lot 3 for possible future acceptance by the City. SR -23 /Los Angeles Ave. Interchange: 110. Design of the SR -23 /Los Angeles Avenue interchange improvements shall be coordinated with and approved by Caltrans. The existing interchange will be improved to provide new traffic signals at the terminus of the north and southbound SR -23 off ramps and an access extension of Los Angeles Avenue easterly into the SDI project. Widening of the existing road improvements within the interchange area shall also accomplished. All transitions onto New Los Angeles Avenue and into the SDI property shall be approved by the City Engineer. All plan check and inspection costs incurred by the City for these interchange improvements and transitions shall be paid by the developer. Private Interior Street: 111. The private street, extending from the SR -23 /Los Angeles Avenue interchange to the Lot 3 driveway, shall be constructed and shall have a minimum width of 63 feet and conform to cross section "A" as depicted on Sheet 1 of the approved tentative map. The cross section shall also provide for a five (5) foot sidewalk adjacent to and extending between Lots 1 and 3, and a five (5) foot parkway along both sides of the street. Between Lots 1 and 3, the parkway shall be located between the curb and the sidewalk. The portion of the private street between the SR -23 /Los Angeles Avenue interchange to the Lot 3 driveway shall provide two (2) travel lanes in each direction. A turnaround built to City of Moorpark and Fire Protection District approved standards shall also be provided at the Lot 3 driveway. 112. Any future cul -de -sacs, having a sump drainage configuration, shall provide alternate escape routes for water without creating any adverse impact to private property. 113. The secondary access driveway connecting the SR -23 freeway and serving Lot 3 shall be designed to all applicable City of Moorpark and Ventura County Fire Department standards. All surface treatments and access gate systems shall also be approved by the City and Fire Protection District. Other Private Street Improvements: DST:c: \1- M \sdi \pc- cond.vtm 27 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 114. The Subdivider shall include bus stop turnouts in the final street improvement plans for "A" Street and provide for their construction, to service the project. The final location of the bus stop turnouts, and any shelters, shall be approved by the Director of Community Development. 115. Street lights shall be provided per Ventura County Standards and as approved by the City Engineer. 116. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Director of Community Development. Other Fees and Improvement Design Requirements 117. Where roads are to be built requiring 4 or more inches of pavement, the Subdivider shall construct the required street section minus 1 -1/2 inches of paving as an interim condition until all utility cuts or trenching is completed and the City Engineer grants approval to accomplish this task. In areas of longitudinal trenching, paving fabric shall be used to prevent reflective cracking. 118. In accordance with Business and Professions Code 8771 the street improvement plans shall, provide for a surveyors statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. 119. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Subdivider at his expense. 120. The Subdivider shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. 121. Special intersection treatment designs involving variations in paving material, where major pedestrian and vehicular circulation elements intersect, shall be approved by the Director of Public Works and Director of Community Development. Where a special intersection treatment is used, all maintenance for the special pavement treatment (i.e. stamped concrete, cobble stone, etc.) shall be borne by the Owners' Association, or similar entity. 122. The Subdivider shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvements, signalization, storm drain improvements, sewer improvements, landscaping, parks, fencing, bridges, etc.) or which require removal (i.e., accessways, temporary debris basins, etc.) in a form acceptable to the City. The subdivision surety agreement shall include provisions for all site improvements within Tract 5004 and other offsite improvements required by the conditions as described herein and as required by the mitigation measures of the approved EIR. DST:c: \1- M \sdi \pc- cond.vtm 2 8 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 123. The Subdivider shall demonstrate legal access to all parcels to the satisfaction of the City Engineer. 124. If applicable, the Subdivider shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 125. Prior to final map approval, the Subdivider shall pay the Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at 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 Subdivider would not have to pay the AOC fee. 126. The Subdivider 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. 127. The Subdivider shall make a special contribution to the City representing the pro -rata share of the costs of the improvements to the following intersections as follows: Los Angeles Avenue /Spring Road $24,000 Los Angeles Avenue /Moorpark Avenue $24,000 The actual contributions are based upon the additional traffic added to each intersection (16 percent) per the approved traffic study for the industrial development. Utilities 128. Utilities, facilities and services for the project area will be extended and /or constructed in conjunction with any phased development by the master developer as the project proceeds. a. The Subdivider will be responsible for the construction of all onsite and offsite water and sanitary sewer facilities to serve the project. The Subdivider shall enter into an agreement with Ventura County Waterworks District No. 1 (VCWWD) to construct the improvements and the system will be dedicated to VCWWD No. 1 for maintenance. b. Provisions for electrical, natural gas, telephone and solid waste collection services and cable television to the Project Area will be made prior to development of the project area. All services can be extended by each respective company to meet future demands of the DST:c: \1- M \sdi \pc- cond.vtm 29 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 Project Area. Natural gas service will be provided by Southern California Gas. Electric service will be provided by Southern California Edison. Telephone service will be provided by Pacific Bell. Solid waste collection will be provided by private companies as regulated by the City. These services will be phased in conjunction with development of the project area. Acquisition of Easements and Right of Wa 129. If any of the improvements which the Subdivider is required to construct or install is to be constructed or installed upon land in which the Subdivider does not have title or interest sufficient for such purposes, the Subdivider 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 Subdivider 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, and (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 Subdivider will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. Surety. Bonding Conveyance of Title and Legal Actions 130. The Subdivider shall offer to dedicate to the City of Moorpark public service easements as required by the City. 131. The Subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets, driveways, and lots to provide access for all governmental agencies providing public safety, health and welfare. 132. 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 Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. DST:c: \1- M \sdi \pc- cond.vtm 3 0 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY: 133. Grading may occur during the rainy season from October 15 to April 15 if approved by the City of Moorpark and subject to installation of debris and erosion control facilities. 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 30 days of completion of grading. 134. Prior to any work being conducted within the State, County, or City right of way, the Subdivider shall obtain all necessary encroachment permits from the appropriate Agencies. 135. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering with reclaimed water, if available, paving construction roads and other dust prevention measures. The Subdivider shall submit a dust control plan, acceptable to the city, concurrently with submittal of the rough (as opposed to the fine) grading plan. This plan shall include, but is not be limited to the following measures: a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two 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 Dust Control Plan shall indicate the number of water trucks which will 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 20 mph averaged over one hour) or anytime wind speeds are such as to blow excessive dust offsite. The contractor shall maintain contact with the Air Pollution Control District (APCD) meterologist 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. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent excessive amounts of dust. e. Keep all grading and construction equipment on or near the site, until these activities are completed. f. Face masks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of DST:c: \1- M \sdi \pc- cond.vtm 31 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 dust which may contain the fungus which causes San Joaquin Valley Fever. g. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. h. Wash off heavy -duty construction vehicles before they leave the site. 136. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following procedures: a. Apply non - hazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing, soil- binding plant to reduce wind erosion and its contribution to local particulate levels. b. All active portion of the construction site shall be watered sufficiently to suppress excess dust generation. 137. At all times, dust emissions shall be controlled using the following procedures: a. On -site vehicle speed shall be limited to 15 mph. b. All areas experiencing vehicle traffic (e.g. parking areas, dirt roads linking different construction areas, etc.) shall be sufficiently watered or treated with environmentally -safe dust suppressants as often as necessary to prevent excessive amounts of dust. C. Periodically 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. 138. All diesel engines used in construction equipments shall use high pressure injectors. 139. All diesel engines used in construction equipments shall use reformulated diesel fuel. 140. 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. DST:c: \1- M \sdi \pc- cond.vtm 32 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 141. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 142. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require 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 is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 143. Truck noise from hauling operations shall be minimized through establish- ing hauling routes which avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and approved by the City Engineer. 144. The Subdivider shall ensure that construction equipment is fitted with modern sound - reduction equipment. 145. Equipment not in use for more than ten minutes shall be turned off. 146. 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 Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 147. The Subdivider 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. 148. 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 residential neighborhoods situated north of the project site across the Arroyo Simi. 149. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 150. During smog season (May through October), the construction period shall be lengthened to minimize the number of vehicles and equipment operating at the same time. 151. Construction activities shall utilize new technologies to control ozone precursor emissions as they become available and feasible. DST:c: \1- M \sdi \pc- cond.vtm 33 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 152. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 153. The Subdivider shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 154. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 155. Sufficient surety in a form acceptable to the City guaranteeing the public improvements pertinent to each phase shall be provided. 156. All surety guaranteeing the public improvements shall remain in place for one year following acceptance 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. 157. Original "as built" plans will be certified by the Subdivider'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 3611, 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 builts" plans is required before a final inspection will be scheduled. PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 158. Construction of the SR -23 /Los Angeles Avenue interchange shall be completed to the satisfaction of the City Of Moorpark and Caltrans. III. CITY OF MOORPARK POLICE DEPARTMENT CONDITIONS 159. A licensed security guard is required during the construction phase, unless a 6 -foot high chain link fence is erected around the construction site. 160. Construction equipment, tools, etc., shall be properly secured during non- working hours. IV. VENTURA COUNTY FIRE PROTECTION DISTRICT CONDITIONS DST:c: \1- M \sdi \pc- cond.vtm 34 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 Fire Hazard Reduction Program 161. Prior to approval of the Final Vesting Map or issuance of building permits for any lot, the Subdivider shall retain a certified fire management professional and a landscape architect, with native plant experience, to prepare a Fire Hazard Reduction Program; this program shall be prepared in consultation with the Ventura County Fire Protection District and shall be approved by the Director of Community Development. The certified fire management professional shall be familiar with the objectives of fuel management in wildland -urban interface. The program shall apply to all lands within 200 feet of the developed portion of the project (or as amended by the certified fire professional). Fuel modification zones are proposed to be retained in as natural a state as safety and fire regulations will permit. The zone will be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built environment and natural open space. 162. within the fuel modification zone, native and non - native high -fuel vegetation will be removed and replaced with low -fuel vegetation. The height of plant materials will be kept to a minimum. Planting requirements shall include a combination of trees, shrubs, and groundcover. Irrigation should not be provided unless necessitated by the plant materials selected. 163. The vegetation management requirements of the Fire Hazard Reduction Program shall be clearly defined. The proposed Owners' Association shall be responsible for implementing this Program in perpetuity. Road and Driveway Requirements 164. A minimum street width of 36 feet shall be proved for access roads. 165. A minimum street width of 30 feet shall be provided around all structures. 166. A minimum street width of 30 feet shall be provided where parking lot access is used as second access. 167. Prior to construction, the Subdivider shall submit two (2) site plans to the Fire District for approval of the location of 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. 168. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 -ton Fire District vehicle shall be installed. 169. The access roadway(s) shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. 170. Access roads shall not exceed 15 percent grade. DST:c: \1- M \sdi \pc- cond.vtm 3 5 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 171. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). 172. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District Private Road Guidelines. Complete access shall be submitted prior to approval of this project by the Fire District. The need for adequate all- weather, second access to Lots 1 and 2 shall be determined at the time of future submittals for Commercial Planned Development Permits for Lots 1 and 2. An acceptable primary and dual access plan for the northeast portion of Lot 3 shall be prepared and approved by the City Engineer, City Geologist, and County Fire Protection District prior to approval of a grading permit, IPD Permit, and building permit for that portion of Lot 3. 173. Prior to construction, the Subdivider shall submit two street improvement plans to the Fire District for review and approval of all access gates and the roadway approach to all gates. 174. Any gates to control vehicle access are to be located so as to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the Fire Protection Division. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox system shall be installed. Gate plan details shall be submitted to the Fire District for approval prior to recordation. 175. Prior to recordation of the Final Map, proposed street names shall be submitted to the Fire District's Communications Center for review and comment. 176. 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. Fire Hydrant /Fire Flow Requirements 177. Prior to recordation of the Final Map and the issuance of building permits, the Subdivider shall provide verification that the water purveyor can provide the required volume /fire flow for the project. 178. Prior to construction, the Subdivider shall submit plans to the Fire District for approval of the location of hydrants. On plans, show existing hydrants within 300 feet of the development. 179. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Waterworks Manual. a. Each hydrant shall be a 6 -inch wet barrel design and shall have two 4 inch and one 2 M -inch outlet(s). DST:c: \1- M \sdi \pc- cond.vtm 36 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 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. 180. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1994 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 3500 gallons per minute at 20 psi. The Subdivider shall verify that the water purveyor can provide the required volume at the project. Building and Construction Reauirements 181. Address numbers, a minimum of 6 inches (611) high, 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 (2501) from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 182. A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 183. All buildings shall be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, and approval to the Fire District. 184. 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 #14. 185. Building plans of all A and H occupancies shall be submitted to the Fire District for plan check. 186. Plans for any fire alarm system shall be submitted to the Fire District for plan check and approval. 187. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet #10. The placement of extinguishers shall be subject to review by the Fire District. 188. Plans for the installation of an automatic fire extinguishing system (such as halon or dry chemical) shall be submitted to the Fire District for plan check. DST:c: \1- M \sdi \pc- cond.vtm 37 VESTING TENTATIVE MAP N0. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 189. A certification shall be submitted to the Fire District by a qualified specialist or engineer that the fire safety properties and the facilities and appurtenances situated thereon meet the prescribed criteria of recommended good practice. 190. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 200 feet from structures, as described in the EIR. 191. 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.) 192. Subdivider shall obtain VCFD Form #126 "Requirements For Construction" prior to obtaining a building permit for any new structures or additions to existing structures. 193. Subdivider shall submit a phasing plan to the Fire Department for review and approval prior to construction. 194. This application is incomplete. Subdivider shall submit to the Fire District the following information: Actual building diagrams, including proposed and future structures, completed infrastructure including verification of water and actual street alignments. Provide the type, quantity, storage, and use practices of the "volatile liquid storage" buildings. 195. During all grading and site clearance activities, earth moving equipment shall be equipped with spark sarrestors and at least two portable fire extinguishers per vehicle. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Protection District. 196. All equipment and material staging activities shall be coordinated with the County Fire Protection District. Notification of staging locations and equipment storage areas shall be provided to the District and a location acceptable to the District shall be designated. Fire prone construction activities (initial vegetation clearance, hauling and stockpiling of vegetation, or any construction activity involving concentrated sources of heat) shall be prohibited during "Santa Ana" wind conditions. V. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS 197. Prior to issuance of a Zoning Clearance for a building permit, the applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" and any subsequent additions or DST:c: \1- M \sdi \pc- c0nd.vtm 3 8 VESTING TENTATIVE MAP NO. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 revisions thereto. Ultra low plumbing fixtures are required in all new construction. Any requirements by the Fire Protection District, that are greater than Waterworks District No. 1 existing facilities are the responsibility of the Subdivider. 198. The Subdivider shall be responsible to construct and pay for the required in -tract and off -site water, and sewer improvements necessary to serve the property. 199. Subdivider shall be required to pay all applicable water capital improvement fees and sewer connection fees in accordance with the District's Rules and Regulations. 200. Prior to approval of the Final Vesting Map, the entire property encompassed by Tract 5004 shall be annexed into the Waterworks District No. 1 service area. The pressure zone to which the project will be assigned shall be identified and the feasibility of providing the required domestic, landscaping, and fire flow supplies to all four proposed developable lots on the Vesting Map without on -site reservoir storage shall be documented. The infrastructure plan for the project shall be designed to address the details for the placement of all required water and sewer conveyance facilities in appropriate alignments. No alignments shall be approved by the City Engineer that pass through areas with potential landslide or liquefaction hazards. The Subdivider shall obtain all necessary right -of -way and easements to install the required infrastructure in said alignments. The City, at its discretion, may assist with the acquisition of such easements. 201. Prior to approval of the Final Vesting Map, the proposed infrastructure plan for the project shall be designed to address unresolved questions regarding the capacity of and need for on -site storage, provision of adequate fire flows, the sizing of all required mains and distribution lines, and related pump station planning. The Subdivider shall obtain all necessary right -of -way and easements to install the required infrastructure. The final infrastructure plan shall be approved by Waterworks District No. 1, by the City Engineer, and by the Fire Protection District, prior to approval of the Vesting Map. 202. Prior to approval of the Final Vesting Map, the proposed wastewater treatment conveyance facility plans for the project shall be designed to address unresolved questions regarding the capacity of adjacent sewer mainlines, the ability of the project effluent to be accommodated, and the sizing of all required mains and distribution lines, and related pump station planning. The Subdivider shall obtain all necessary right -of -way and easements to install the required infrastructure. The final wastewater treatment conveyance line plan shall be approved by Waterworks District No. 1 and by the City Engineer prior to approval of the Final Vesting Map. VIII. ENVIRONMENTAL MITIGATION MEASURES APPLICABLE TO ALL PHASES OF THE FINAL VESTING MAP DST:c: \1- M \sdi \pc- cond.vtm 39 VESTING TENTATIVE MAP N0. 5004 APPLICANT: Special Devices Incorporated July 15, 1996 203. The approved Mitigation Monitoring Program to be included as Attachment _ to City Council Resolution No. 96- , and all applicable mitigation measures are requirements of the Vesting Tentative Map, as shown by italic type in the preceding conditions of approval. In cases where a mitigation measure is a duplicate of a standard condition of approval, italic type is not shown. In cases where a mitigation measure has slightly different wording from a condition of approval, the language in the condition of approval shall be controlling. DST:c: \1- M \sdi \pc- c0nd.vtm 40 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 CONDITIONS OF APPROVAL (Mitigation measures are identified by italic type in the following conditions.) I. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS 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. No development, including any grading, building, or other use, shall be allowed for the northeast portion of Lot 3 (flag area) until additional environmental review has been completed and a new Industrial Planned Development (IPD) Permit has been approved by the City. Other Regulations 2. The development is subject to all applicable regulations of the M -2 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. Discontinuance of Use 3. The Industrial Planned Development Permit shall expire when the use for which it is granted is discontinued for a period of 180 or more consecutive days. Use Inauguration 4. 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 one (1) year extension for project inauguration if there have been no changes in the adjacent areas and if Applicant /Developer can document that he has diligently worked towards DST: c: \1- M \sdi \pc- cond.ipd 1 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 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. Other Regulations 5. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. Severability 6. If any of the conditions or limitations of this permit are held to be invalid by a court of competent jurisdiction, that holding shall render this Industrial Planned Development Permit null and void at the discretion of the City. Applicant /Developer Defense Costs 7. The Applicant /Developer agrees as a condition of issuance and use of this permit to 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 IPD Permit, which claim, action or proceeding is brought within the time period provided therefore by the Government Code. The Applicant /Developer 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 any obligation under this condition. Image Conversion 8. Prior to occupancy approval for any building, the Applicant /Developer shall provide to the City an image conversion of any associated building, grading, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. National Pollutant Discharge Elimination Standards 9. Prior to issuance of a Zoning Clearance for a Building Permit, the Applicant /Developer must have submitted construction plans which indicate how the project will comply with the National Pollutant Discharge Elimination Standards (NPDES). DST: c: \1- M \sdi \pc- cond.ipd 2 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 Zoning Clearance Prior to Building Permit 10. 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 /Developer 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 11. 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 12. 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 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 13. If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall 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 M -2 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 14. The permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. Comvliance with Air Pollution Control District (APCD) Trip Reduction Rule 15. The project tenant (employer) is required to comply with any APCD Rule that requires the employer to develop and implement a trip reduction plan for employees. DST: c: \1- M \sdi \pc- cond.ipd 3 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 Air Quality Education Program 16. 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). Occupancy Final Inspection Approval Requirement 17. No Final Inspection approval for occupancy shall be granted until all required improvements specified in this permit have been completed. The City may authorize deferral of items such as landscaping, perimeter and retaining walls, and other improvements not related to grading or required for public health and safety reasons, subject to the provision of a faithful performance bond. Said deferred improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with 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 City, the City Council may reduce the amount of the surety; however, the surety must be kept in full force and effect for one year after initial occupancy to ensure adequate installation and maintenance. Change of Tenant 18. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for a Zoning Clearance from the Community Development Department. The purpose of the zoning clearance shall be to determine if the proposed uses(s) are compatible with the zoning and terms and conditions of the permit. Utilities Assessment District 19. The Applicant /Developer agrees not to protest the formation of an underground utility assessment district. Prohibition of Outside or Truck Storage 20. No outside storage of any materials is permitted. No overnight parking of any semi - trucks or truck trailers beyond the loading zones shall be permitted. Repair or Maintenance of Trucks 21. No repair or maintenance of trucks or any other vehicles shall occur outside of the industrial buildings. DST:c: \1- M \sdi \pc- c0nd.ipd 4 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 Loading and Unloading iterations 22. Loading and unloading operations shall not be conducted between the hours of 10:00 p.m. and 6:00 a.m. unless approved in writing by the Director of Community Development. Noxious Odors 23. No noxious odors shall be generated from any use on the subject site. Uses and Activities to be Conducted Inside 24. All uses and activities shall be conducted inside the buildings. Conditions Covenants and Restrictions (CC &R's) 25. A condition of the Vesting Tentative Map No. 5004, associated with this IPD Permit, requires that Covenants, Conditions and Restrictions (CC &R's) and By -laws establishing an Owner's Association shall be prepared. The CC &R's for the Owner's Association are required to identify all Common Maintenance Areas within the boundaries of Vesting Map No. 5004, including maintenance of private streets, street and parkway landscaping, all manufactured slope areas adjacent to private streets and facing State Route 23, any slope directly affecting drainage or street facilities, any common - shared driveways, all storm drains, and any fencing or walls within common areas. Prior to Final Map approval for any phase, the Subdivider is required to: provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping and related drainage improvements for all areas adjacent to private roadways and slopes facing State Route 23 that are required to be landscaped; and offer to dedicate access easements to the City of Moorpark over all private streets to provide access for maintenance of landscaping and drainage improvements. Should the Owner's Association fail to maintain the street and parkway landscaping, including landscaping on all manufactured slope areas adjacent to private streets and facing State Route 23, and any associated drainage, in a satisfactory manner, these areas, or portion thereof, shall be placed, at the City's option, in a City assessment district. The total cost of formation of an assessment district or annexation to an existing assessment district and the maintenance provided by the assessment district for the areas described above, including the cost of converting irrigation systems or other required work, shall be borne by the property owners within the entire Vesting Map No. 5004 area, as determined by the City. The Subdivider is also required to record a covenant to inform the purchasers of all of the affected lots of this potential action. CC &R's to Include Applicable Conditions of Approval DST: c: \1- M \sdi \pc- cond.ipd 5 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 26. The CC &R's are also required to include all Vesting Tentative Map and IPD Permit conditions of approval, that have been identified by the Director of Community Development for inclusion. Landscaping Submittal of Landscape Plans: 27. Prior to rough grading permit approval, complete landscaping and irrigation plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect for the Common Maintenance Areas and habitat replacement areas. All landscaping and irrigation plans shall be 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. The subdivider shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. All tree replacement, Common Maintenance Area landscaping, and permanent erosion control landscaping shall be installed and receive final inspection prior to issuance of the first occupancy approval. Planting and irrigation specifications shall be included for all manufactured slopes over three (3) feet in height, all Common Maintenance Areas proposed to be maintained by the Owner's Association (including but not limited to design of the parkways, sidewalks, barrier walls, and other streetscape elements), and the habitat restoration areas. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, and replace mature trees lost as a result of construction. The Landscaping and Irrigation Plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. Conformance with Conceptual Landscape Plan: The final landscape plans shall be in substantial conformance with the conceptual landscape plan submitted with the application, with the exception of modifications required to achieve consistency with mitigation measures and the Hillside Grading Ordinance. b. Irrigation: Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The Applicant /Developer shall be responsible for maintaining the irrigation system and all landscaping until such time as an Owner's Association, assessment district, or similar entity approved by the City, accepts the responsibility. The Applicant /Developer shall replace any dead plants and make any necessary repairs to the DST: c: \1- M \sdi \pc- cond.ipd 6 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 irrigation system consistent with the landscape plan approved for the development. C. Tree Report: The information contained in the Final Vesting Map No. 5004 Tree Report, regarding which trees are to be saved or retained on the site, shall be noted on the landscape plan. d. Tree Replacement: The landscape plan shall specify how trees removed during the rough and fine grading phases of the project will be replaced in accordance with Municipal Code requirements. e. Dominant Street Tree: A coordinated tree planting program shall be developed which will provide a dominant street tree within the components of the proposed development. This shall be coordinated with the Oak Woodland Restoration Program and shall use trees compatible with this restoration. f. Tree Planting: A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. Planting shall be planned to achieve shade and screening in a three (3) to five (5) year time period. The size of the trees to be planted shall be subject to approval of the Director of Community Development. g. Landscaping Near Intersections: Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. h. Trees Prohibited Under Street Lights: Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. i. Equipment Screening: Backflow 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. j. Maintenance and Replacement: Until such time that an Owners' Association is established, or one year after the first occupancy approval if an Owners' Association has already been established, the Applicant /Developer shall be responsible for maintenance of the Common Maintenance Areas defined by the conditions of approval for Vesting Tentative Map No. 5004. Prior to Owner's Association, assessment district, or similar entity's acceptance of responsibility for the landscaping, the Applicant /Developer shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the approved landscape plan. DST: c: \1- M \sdi \pc- cond.ipd 7 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 k. Native and /or Drought Tolerant Plantings: The use of native and /or drought - tolerant shrubs and trees shall be utilized for landscaping purposes in order to stabilize graded slopes and encourage the return of some wildlife species displaced from the project site as a result of grading activities. Any turf plantings shall also be drought tolerant, low water -using varieties. Parking lot trees and landscaping should also emphasize native or similar trees and shrubs to be compatible with slope planting and restoration areas. 1. Exotic Plants Prohibited: Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. M. Shade Coverage in Parking Areas: 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. n. Raised Planters: Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. o. Screen Views of Parked Vehicles: Earthen berms and /or low walls shall be provided to screen views of parked vehicles from access roads. p. Maintain View of Exterior Doors and Windows: Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. q. Oak Woodland Restoration: To the degree feasible and permitted by geotechnical constraints, the northern perimeter of the project adjacent to the Arroyo Simi shall be designed to provide a 50 -foot setback from the escarpment above the Arroyo Simi. An oak woodland restoration zone shall be provided on the edge and side slope of this re- graded escarpment. The entire areas of visible surface of the fill slopes proposed along the northern side of the development shall be planted and screened with native woodland tree species common in oak woodland habitats. The ridge system demarcating the northern perimeter of the project shall, to the extent feasible, be restored to native woodland conditions. Landscaping around the escarpment system, once it is stabilized after rough grading, shall emphasize reestablishment of existing native habitat. The landscaping program around the escarpment boundary shall emphasize the use of tiered, tree lined buttress fills, which shall be set back in segments to prevent highly visible buttress or crib walls. DST: c: \1- M \sdi \pc- cond.ipd 8 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 r. Hillside Grading ordinance Requirements: Landscape elements such as clustering of trees and shrubs typical of concentration found in nature, incorporation of rock elements into culverts and downdrains, and berming and tree massing near the landform crest shall be used to blend in with the natural landforms and to screen views of the structures from lower lying areas, consistent with Hillside Grading Ordinance requirements. Lot 3 along the western perimeter of the project shall incorporate the use of a berm and extensive tree and shrub native landscaping to minimize the visibility of the manufacturing facilities. S. Loading Area Screening: A dense landscaping screen or masonry wall shall be constructed along the west side of the loading area to screen views of this area. t. Building Screening: Additional tree and shrub planting shall be incorporated around the north and east sides of the main building. Foundation groundcover, shrub and tree planting shall be provided so that grass does not directly abut the building. Landscaping and Signage at Entranceway 28. The entranceway to the proposed project and driveways for Lots 1, 2, and 3 shall incorporate coordinated landscaping and signage. An orderly and consistent street tree planting program shall be required from the New Los Angeles Avenue underpass into the parking area for Lot 3 to guide visitors to the building entrance. The project entry shall receive enhanced landscape accent treatments. Case Processing Costs 29. The Applicant /Developer shall pay all outstanding case processing (planning and Engineering), environmental impact report preparation, and City legal service fees prior to initiation of condition compliance review. Park Fee 30. The Applicant /Developer shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area to support the City's current and future park system. Citywide Traffic Mitigation Fee 31. Prior to Zoning Clearance approval for a building permit, the Applicant /Developer shall pay a Citywide Traffic Mitigation fee totaling $65,600, calculated at $.50 per square foot of building area. DST: c: \1- M \sdi \pc- cond.ipd 9 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 Air Quality Mitigation Fee 32. The total air quality mitigation fee for the Phase 1 development totaling 131,200 square feet shall be $19,680 (based on $.15 per square foot of building area), to be paid in three equal annual installments without interest, commencing with the first payment prior to Zoning Clearance approval for a building permit. School Assessment Fee 33. Prior to building permit approval, the Applicant /Developer shall pay all school assessment fees levied by the Moorpark Unified School District. Calleguas Municipal Water District Fee 34. Prior to issuance of a Zoning Clearance for 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 /Developer shall be required to comply with Ventura County waterworks Rules and Regulations, including payment of all applicable fees. Ordinance 102 Requirement 35. Prior to issuance of a Zoning Clearance for a building permit, the Applicant /Developer shall pay a fee established pursuant to Ordinance 102 in the amount of $.05 per square foot of building area 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. Zoning Enforcement /Public Nuisance Abatement Costs 36. The continued maintenance of the project site and associated Common Maintenance Areas for Tract 5004 shall be subject to periodic inspection by the City. The Applicant /Developer or responsible Owner's Association, or similar maintenance entity, shall be required to remedy any defects in landscape maintenance and graffiti removal, as indicated in writing by the City, within five (5) days after notification. The Director of Community Development may declare a development project or individual property that is not in compliance with the Conditions of Approval, or for some other just cause, a "public nuisance ". The Applicant /Developer, Owner's Association, or each individual property owner, as applicable, 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. The City may enact DST: c: \1- M \sdi \pc- cond.ipd 10 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 special assessment proceedings against the parcel of land upon which the nuisance existed to pay all City costs related to abatement of the nuisance (Municipal Code Section 1.12.080). Condition Compliance and Environmental Quality Assurance Program Costs 37. Prior to rough grading permit approval, and approval of a Zoning Clearance for a building permit, the Applicant /Developer shall submit a deposit for condition compliance review and mitigation monitoring. The mitigation monitoring program shall be enforced through implementation of an Environmental Quality Assurance Program (EQAP) as recommended in the approved mitigation monitoring program. The EQAP shall be implemented through the City; at the City's option, contract specialists shall be retained to monitor construction and mitigation compliance. The Applicant /Developer shall pay to the City 100 percent of all City and consultant costs for condition compliance review and mitigation monitoring, including City overhead and administrative costs. Sign Program 38. Prior to the issuance of a Zoning Clearance, a comprehensive sign program for the entire project site shall be submitted along with the construction plans for review and approval of the Department of Community Development. The sign program shall be designed to provide for a uniform on -site sign arrangement and design. a. A sign permit is required for all on -site signs. b. 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. C. No off -site signs are permitted. Revision of Plot Plan 39. 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. Utility Room 40. 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 DST:c: \1- M \sdi \pc- cond.ipd 11 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 41. No asbestos pipe or construction materials shall be used. Utility Lines 42. 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 KV or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site. 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. Television Cable Service 43. Television cable service shall be provided, consistent with City cable system requirements. Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of structures. Roof Mounted Equipment 44. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) shall not extend above the height of the parapet wall. The parapet height shall be sufficient so as to fully screen any roof equipment without any future need for additional screening, but at a minimum, shall be at least 18 inches in height. Plot Plan Requirements 45. The following shall be depicted on the final plot plans and shall be subject to approval by the Director of Community Development prior to Zoning Clearance approval for a building permit: 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 and motorcycle parking shall be provided on -site, consistent with Zoning Code requirements. d. The required loading area(s) 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. DST: c: \1- M \sdi \pc- cond.ipd 12 INDUSTRIAL PLANNED DEVELOPMENT PERMIT N0. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 e. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. Lighting Plan 46. 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 to avoid excessive illumination; provide structures which are compatible with the total design of the proposed facility and minimize 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 (20) feet, unless otherwise approved by the Director of Community Development. C. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at 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 resistant covers. DST: c:\1- M\sdi\pc- cond.ipd 13 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 i. Lighting at all exterior doors shall be lighted with a minimum maintained two foot candles at ground level. j. A photometric plan shall be prepared which shall have, as a primary design objective, creating a low intensity night lighting solution to development of Lot 3. All lighting within 200 feet of the Arroyo Simi shall be shielded and directed away from the Arroyo. Building lighting restrictions shall be included in the project CC &R's and Planned Development Permit conditions for all developable lots. Location of Property Line Walls 47. All property line walls shall be no further than one inch from the property line. Downspouts 48. No downspouts shall be permitted on the exterior of the building. Exterior Ground Level Equipment 49. 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 50. All exterior building materials and paint colors shall be approved by the Director of Community Development to ensure compatibility with adjacent development and the Hillside Grading Ordinance. Skylights 51. 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. Parking Overhang 52. Parking overhangs shall be limited to 24 inches maximum. No vehicles shall be allowed to encroach onto or into the required landscape setback along roadways. Parking Size Requirements DST:c: \1-M\sdi \pc-cond. ipd 14 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 53. The site plan shall be revised to provide that all handicapped parking spaces and other parking spaces adjacent to pedestrian walkways shall be a minimum of 20 feet in length. Compact parking spaces shall not exceed 10 percent of the total parking spaces provided. Parking Space and Loading Zone Striping 54. The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. Parking Lot Surface 55. 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. Driveway Modification 56. The width of the driveway shall be expanded to a minimum of 45 feet, and two turn lanes in and out shall be provided. Waste Management Education Program 57. 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 Ventura County Solid Waste Management Department. Employment or Disposal of Hazardous Materials 58. Prior to any occupancy by any tenant or subsequent owner whose business would employ or dispose of hazardous materials, a Major Modification application shall be filed with the Department of Community Development and approved by the City. Solid Waste Facilities and Planning 59. Prior to approval of the issuance of a Zoning Clearance for a building permit, a Solid and Hazardous Waste Management Plan shall be prepared and submitted to the City Director of Community Development for review and approval. This plan shall include specific measures to reduce the amount of refuse generated by the proposed project and shall be developed in consultation with the City of Moorpark Solid Waste Coordinator to meet waste reduction requirements established by the California Integrated Waste Management Act of 1989. The plan shall also include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. DST: c: \1- M \sdi \pc- cond.ipd 15 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 60. The Solid and Hazardous Waste Management Plan shall include provisions for the recycling of manufacturing or commercial facility waste products suitable for reuse programs. A green waste reduction program for landscaping maintenance shall be included in this Plan. Provisions for on -site source separation and recycling shall be incorporated into the building plans for any buildings or facilities constructed on Lots 1, 2, and 3. 61. The Solid Waste Mitigation Plan shall require the integration of waste reduction and hazardous waste management concepts into the project CC &R's for the lots included within the Vesting Map. 62. Where feasible, the use of recycled building materials shall be included in the construction of both the manufacturing and commercial components of the project. Language shall be included in the CC &R's to encourage such use. 63. Any on -site commercial cafeteria(s) shall include "built -in" recycling and trash separation areas. 64. Designated recycling areas with appropriate bins shall be provided for on- site source separation. Bins shall also be provided for greenwaste and related recyclable material. Specific solid waste source separation areas shall be provided for all lots. Rubbish and Recycling Space Requirements Requirement for Franchise Hauler Usage Form 65. 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. Pipe guards shall be eliminated around typical trash enclosures. 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 /Developer 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 box /bin solid waste collection services. The Applicant /Developer must specify which franchised hauler is to be contracted for ongoing or temporary solid waste collection services for DST: c:\1- M\sdi \pc- cond.ipd 16 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 this project. The form is available at the Community Development Department and the form contains a listing of the City's franchised haulers. Disposal Areas on Plot Plan 66. 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) or industrial developments, space allotment for 2 three cubic yard bins (107" x 84 or 168" x 53.511), or a space allotment for one 40 cubic yard bin (288" x 12011) and one 3 cubic yard bin (84" x 53.5). The intended use for this space is to hold two side -by -side 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. DST: c: \1- M \sdi \pc- cond.ipd 17 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 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 enclosure shall be subject to the approval of the Director of Community Development, prior to the issuance of a zoning clearance. All rubbish disposal 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 shall be designed with cane bolts to secure the gates when in the open position. 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 access way for pedestrians, which does not require doors or gates. Unconditional Will -Serve Letter 67. 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 68. 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 69. 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 DST: c: \1- M \sdi \pc- cond.ipd 18 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 70. 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 Specifications 71. Prior to issuance of a building permit, the Building and Safety Department shall insure that the construction plans incorporate the requirements of the Building Security Specifications of the Moorpark Police Department. Enforcement of Vehicle Codes 72. Prior to Occupancy, the Applicant /Developer shall request the City to enforce appropriate vehicle codes on subject property, including the private access roads and parking lot, as permitted by Vehicle Code Section 21107.7. Construction Noise 73. No exceptions shall be permitted to construction activity limitations in City Noise Ordinances in effect at the time individual lots of the Vesting Tentative Map are developed. 74. 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 residential neighborhoods situated north of the project site across the Arroyo Simi. Impulse Noise Associated with Manufacturing Activities 75. All manufacturing processes and testing with sustained noise sources in excess of 65 dBA shall be contained indoors within the plant facility. No un- contained detonations shall be permitted. Compliance with this requirement may be achieved by a variety of means including undergrounding facilities for impulse tests, providing noise absorbing above ground structures, or by other means devised by a certified acoustical consultant. No single event testing shall be exempt from this requirement. The tolerated noise generation for the project at the property line for Lot 3 shall not exceed 65 dBA from 7 a.m. to 10 p.m. and 60 dBA from 10 p.m. to 7 a.m. or CNEL values shall not exceed 65 dBA, whichever standard is more restrictive. If ambient noise levels exceed these restrictions due to the proximity of State Route 23, the ambient noise level shall be the standard that shall not be exceeded at the property line of Lot 3. DST: c: \1- M \sdi \pc- cond.ipd 19 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 76. The City shall require annual noise monitoring and reporting for any sustained noise generating activity. The industrial Planned Development Permit for any project constructed on Lot 3 shall be subject to this requirement. If Lots 1 or 2 are converted from anticipated commercial to manufacturing uses, noise monitoring and reporting requirements shall also apply to these lots. The City shall, in the conditions for the Industrial Planned Development Permits associated with the project, reserve the right to require additional noise mitigation if monitoring data indicates such mitigation is advisable. Biological Resource Preservation 77. Prior to initiation of rough grading or approval of the Final Vesting Map, a proposed Habitat Restoration Plan shall be prepared by a qualified landscape architect with the assistance of a native plant ecologist to assure compensation for the loss of native habitats that will occur as a result of project development; this plan shall be reviewed and approved by the City Director of Community Development prior to issuance of building permits. The habitat restoration plan shall emphasize the selective use of native grasses, shrubs, trees, and plants in areas of landscaping within the project boundary and in the Caltrans interchange improvement area. The plan shall also require project perimeter planting and landscaping of selected areas with the native plants common to the native ecological communities on the site (e.g., Salvia apiana, Salvia leucophylla, Artemisia californica, Rhus integrifolia, Eriogonum fasciculatum, Encelia californica, Calochortus catalinae, Calochortus clavatus, Juncus textilis, Opuntia basilaris, Mucronea californica, Anemopsis californica). 76. The Applicant /Developer shall fund a program to plant and /or restore acreage equal to the amount of damaged or destroyed oak woodland. To properly implement this program, an Oak woodland Restoration and Reforestation Plan shall be prepared by a qualified landscape architect and arborist prior to initiation of rough grading. This plan shall be reviewed and approved by the City Director of Community Development prior to issuance of building permits. The precise number of trees, replanting specifications, tree sizes and locations and related details shall be enumerated in the plan once a final grading plan is prepared for the project. The intent of this program is to provide 3:1 replacement of oak trees that are removed during grading and also replacement of lost habitat. The Plan shall require the 100 foot fill slope along the northern perimeter of Lot 3 to be fully restored with oak woodland. The Applicant /Developer shall be responsible for maintaining the restored oak woodlands (estimated to be a period of five years) until the native trees and associated understory plants are successfully established and the City's Director of Community Development has approved in writing that maintenance can be discontinued without resulting in plant mortality. DST: c: \1 -M1sdi \pc- cond.ipd 20 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 79. Prior to initiation of rough grading or approval of the Final Map, the site plan shall be revised, to the extent feasible, to provide for preservation of riparian habitats situated on the north side of the property bordering the Arroyo Simi and floodway easement area. In addition, a riparian restoration and enhancement area shall be set aside within the portion of Lot 4 that is situated inside the 100 year flood limit line. 80. Native plants shall be used in the restoration of areas disturbed by the construction of the project. The City and Ventura County Fire Protection District shall monitor the use of native plants through review and approval of all project landscape plans. Native plants acceptable to the County Fire Protection District shall be used in fuel modification zones. To facilitate recovery of native plants in non -fuel management areas, topsoil shall be cleared, removed, stockpiled, and then, at the conclusion of grading, redistributed on cut and fill slopes that are not proposed to be planted with ornamental landscaping. Replaced topsoil shall be stabilized to prevent erosion. 81. No Zoning Clearance shall be issued for construction on Lots 1, 2, and 3 of the Vesting Map, until Open Space Lots A, B, and C have been recorded and any associated open space easements have been transferred, dedicated or otherwise secured from developer. Verification of Open Space or Conservation Easement dedications shall be provided with the application for Zone Clearance. No recordation of any lots shall occur until the completion of Caltrans right -of -way land exchanges have been documented (if such exchanges are still a component of the Applicant /Developer's program for land acquisition and transfer). Evidence of the successful exchange of right -of -way shall be provided in the form of recorded easement or ownership documents prior to the approval or recordation of any Phase of the Vesting Tentative Map. 82. An updated tree report shall be prepared once the required final geotechnical analysis of the project is complete and final site design and grading evaluation has been completed. Any additional trees to be impacted by the project, not included in the original assessment, shall be incorporated into the tree report mitigation statistics (replacement value, etc.). To the degree feasible, mature trees and native oak trees located at the margins of grading activity, shall be preserved. As required by City Municipal Code, the value of all mature trees and oak trees to be removed as a result of project grading and construction shall be applied to upgrading the size of tree plantings associated with the project. The required Habitat Restoration Plan shall identify the appraisal value of native oak trees and mature trees to be removed and the upgrading of size of tree plantings proposed in compliance with City Municipal Code requirements. DST: c:\1- M�sdi\pc- cond.ipd 21 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 83. Prior to approval of the Final Map and /or issuance of a rough grading permit, the two stands of Lyon's Pentachaeta, located on Lot A, shall be precisely mapped and preserved. The Applicant /Developer shall fund all City costs, including administrative and overhead, to monitor the mapped sensitive habitat areas during construction. 84. Prior to issuance of a building permit for either commercial or manufacturing facilities, the removal and modification of habitat within and adjacent to the riparian corridor shall be compensated by the restoration of Valley Oak Woodland and native riparian tree canopy within the 100 year flood limit line of Lot 4 adjacent to the Arroyo Simi. Mitigation shall require successful establishment of the following species and plant quantities: Species OuantitX Populus fremontii (Cottonwood) 10 Alnus rhombifolia (Alder) 8 Acer negundo Subsp. (Box Elder) 8 Platanus racemosa (Sycamore) 20 Sambucus mexicana (Elderberry) 10 Juglans californicus (Walnut) 10 Quercus lobata (valley Oak) 20 Quercus agrifolia (Live Oak) 20 Trees shall at a minimum be 5 gallon container specimens (except for willows which can be 1 gallon in size) or bare root at the time of planting with a height of 7 feet from the root crown to the top branch. A long term supply of fresh (or reclaimed) water shall be provided to assure the perpetuity of the plants. Adequate root guard protection shall be provided to reduce mortality from rodent activity. Department of Fish and Game 1603 Compliance procedures shall govern the implementation of this restoration program and a permit shall be obtained from this agency prior to initiating rough grading activities. Restoration areas shall be incorporated into the project Habitat Management Plan. 85. The Habitat Management Plan shall require the removal of the noxious giant reed (Arundo donax) from the Arroyo Simi adjacent to the proposed project once every three years or less frequently if warranted. The landscape maintenance program to be coordinated for slope maintenance areas shall also address, to the degree feasible, long term removal of this species from the portion of the Arroyo within the project limits. Recommendations to minimize regrowth of this plant shall be identified in the Habitat Management Plan. 86. Prior to the first occupancy approval, perimeter fencing shall be provided in areas where employees or visitors could obtain access to surrounding conservation easement lands and maintenance areas which can be used for native plant restoration. No fencing that is likely to preclude the use of DST: c: \1- M \sdi \pc- cond.ipd 22 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 this property as a wildlife corridor shall be placed around the perimeter of the property, and all efforts to facilitate the use of this property as a wildlife corridor shall be made by the Applicant /Developer under the guidance of the City. 87. Off road vehicle (ORV) use on property within the project boundary shall be prohibited. Prior to rough grading permit approval, signage shall be placed on the property indicating that ORV use is prohibited. 88. Prior to rough grading permit or Final Map approval, the Applicant /Developer shall pay a one -time fee of $35,000 for a sensitive species mitigation program to be managed by the City. The purposes of this program include (1) studying the location and distribution of sensitive species, (2) restoring marginal habitats within proposed onsite conservation easement areas or within permanent public open space or right -of -way, (3) contributing to the purchase of endangered habitats on private land within the City. Cultural Resource Mitigation Planning 89. A Cultural Resource Monitoring Program shall be instituted during the initial vegetation clearance for the project. The purpose of this monitoring program is to determine if any significant deposits not identified during the Phase I and II survey exist within the project boundary. The monitoring shall be limited to the initial vegetation clearance phase of the grading program. If cultural deposits meeting the significance criteria defined in CEQA Guidelines are encountered, limited data recovery shall be conducted. The costs of this data recovery shall be limited as defined in Appendices to CEQA Guidelines. A Chumash representative shall be actively involved in the monitoring and any subsequent phases of the project mitigation program. Participation shall include monitoring of archaeological investigations, construction monitoring, and data analysis. 90. Prior to initiation of rough grading, the surface artifacts situated within archaeology site Ven -898 shall be mapped, recorded, and collected and this data, together with previously collected Phase II subsurface testing information, shall be incorporated into a cultural resource mitigation document for the project. This report shall also address the results of any investigation related to monitoring of initial grading activities. Paleontological Data Recovery 91. A Paleontological Mitigation Plan outlining procedures for paleontological data recovery shall be prepared and submitted to the Director of Community Development for review and approval prior to the initiation of mass grading. The development and implementation of this program shall include DST: c: \I- M \sdi \pc- cond.ipd 23 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 consultations with the Applicant /Developer's engineering geologist. The monitoring and data recovery shall be performed by a qualified paleontologist. The data recovery shall include periodic inspections of excavations and, if necessary, fossil data recovery shall be performed to recover exposed fossil material. The costs of this data recovery shall be limited to the recovery of a reasonable sample of available material. The interpretation of reasonableness shall rest with the Director of Community Development. The costs of this Paleontological Mitigation Plan shall not exceed the financial limitations set forth in CEQA Appendix K Guidelines. Fish and Game Requirement 92. The day following second reading of an ordinance amending the zoning for the Project site, the applicant shall submit to the City of Moorpark a check for $875.00, payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of statewide fish and wildlife trust resources. Pursuant to Public Resources Code section 21089 (b) and Fish and Game Code section 711.4 (c), the project is not operative, vested, or final until the filing fees are paid. Surety for Rough Grading 93. A rough grading permit shall not be approved until: 1) Final Map No. 5004 has been recorded; and 2) the City Engineer and the Director of Community Development approve the acceptance of a Performance Bond to guarantee implementation of the erosion control plan and completion of the rough grading; construction of "A" Street and all related improvements including landscaping; construction of water and sewer line extensions; construction of all required drainage improvements; and implementation and maintenance of habitat restoration (as required by the mitigation monitoring program) . In the case of failure to comply with this condition, the City Council may by resolution declare the surety forfeited. Upon completion of rough grading and erosion control plan compliance to the satisfaction of the City, and following recordation of all phases of the Final Vesting Map, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for a minimum of one year following rough grading to ensure adequate erosion control and revegetation. II. CITY ENGINEER CONDITIONS PRIOR TO ISSUANCE OF A GRADING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: General Requirements DST: c: \1- M \sdi \pc- cond.ipd 24 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 94. The Applicant /Developer shall obtain City Council approval of a Final Map. Issuance of permits may follow in accordance with these and subsequent conditions of approval for any IPD or CPD. 95. The applicants for each lot shall be required to file a Notice of Intent to meet State requirements regarding runoff associated with construction activity (NPDES Permit). 96. To comply with NPDES requirements, the Applicant /Developer for Lot 3 shall prepare a Storm Water Pollution Prevention Plan (SWPPP) for the project; this Plan shall be reviewed and approved by the City Engineer prior to the issuance of permits for rough grading. This plan shall define how the receiving water bodies (the Arroyo Simi) shall be protected from degradation. 97. (As part of the NPDES Permit) The grading permits issued for the development shall require maintenance schedules for earthmoving equipment and documentation of proper disposal of used oil and other lubricants. The Applicant /Developer shall obtain all necessary NPDES related permits prior to City issuance of the initial grading permit for the project. 98. The Applicant /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 with Reuse Permit procedures administered by the County Water Resources Development Department. 99. The Applicant /Developer shall comply with all pertinent County of Ventura Public Works Department connection regulations. These measures shall be implemented by the County of Ventura Public Works Department (Flood Control and Waterworks District No. 1) . Private systems serving industrial or commercial sites shall be reviewed by the City Building Department, subject to County of Ventura Public Works and Uniform Building Code Standards, as required and approved by the City Engineer. Geotechnical /Geology 100. Prior to issuance of any grading permits, the Applicant /Developer or subsequent developers shall contract with an engineering geologist and geotechnical engineer to study potential liquefaction related effects for Lots 1 through 3, Lots B and C, and the access road linking the northeast portion of Lot 3 (flag area) with the southeast portion of Lot 3. No structure shall be placed within 50 feet of any adopted setback for minimizing the consequences of liquefaction related failure. No development on the flag area portion of Lot 3 shall be permitted until DST:c: \1- M \sdi \pc- cond.ipd 25 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 secondary access is provided over the Arroyo Simi (or by other routes to the south) and the access road between the two potential development areas of Lot 3 is designed and built to standards that will permit the road to remain in place without significant failure in the event of an earthquake. 101. The Applicant /Developer shall develop a master agreement among all owners of commercial and manufacturing developments within the tentative map boundary which shall provide for a Slope Maintenance Program designed to ensure that risks of slope failure are minimized. This Slope Maintenance Program shall address recommendations contained in the project geotechnical report. The Slope Maintenance Program document shall be reviewed and approved by the City Geologist, City Engineer, and Director of Community Development prior to issuance of permits for rough grading. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist and geotechnical engineer. 102. The applicant's engineering geologist and geotechnical engineering consultant shall prepare a written review of detailed grading plans (1" =40' scale) . This written review is required to assure that all geotechnical recommendations have been incorporated into project plans and specifications. Supplemental recommendations shall be made on a lot by lot basis as necessary and any additional testing shall be completed prior to submission of grading plans. The grading plan review by the applicant's consultant may also include a recommendation to conduct additional subsurface investigation, if necessary. At the time of grading plan submittal, the Applicant /Developer shall submit this written review to the City Engineer and consulting City geologist and geotechnical engineer for review and approval. 103. Prior to undertaking any bank stabilization or remedial work in the Arroyo Simi, the Applicant /Developer shall obtain a Section 404 permit from the Army Corps of Engineers. PRIOR TO ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 104. All habitable structures shall be designed according to the most recent UBC requirements to accommodate structural impacts from ground acceleration and maximum credible earthquake event. 105. The Applicant /Developer or subsequent developers shall contract with an engineering geologist to study any unanticipated faults exposed during grading to detect any evidence of possible recent activity. No structure shall be placed within 50 feet of any fault trace which is classified as active by definition of the State Geologist. Final grading requirements shall be defined by an engineering geologist. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist and geotechnical engineer. DST: c: \1- M \sdi \pc- cond.ipd 26 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 106. All habitable structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. 107. An approved Bank Protection Plan shall be completed prior to issuance of rough grading permits or any building permits for commercial or manufacturing structures. PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR OCCUPANCY FOR THE FIRST INDUSTRIAL UNIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Storm Water Runoff and Flood Control Planninv 108. Construction of any required bank protection along the Arroyo Simi must be completed before occupancy approval. Street Improvement Re it ents Interior Streets: Private: 109. The private street, extending from the SR -23 /Los Angeles Avenue interchange to the Lot 3 driveway, shall be constructed and shall have a minimum width of 63 feet and conform to cross section "Al' as depicted on Sheet 1 of the approved tentative map. The cross section shall also provide for a five (5) foot sidewalk adjacent to and extending between Lots 1 and 3, and a five (5) foot parkway along both sides of the street. Between Lots 1 and 3, the parkway shall be located between the curb and the sidewalk. The portion of the private street betweem the SR -23 /Los Angeles Avenue interchange to the Lot 3 driveway shall provide two (2) travel lanes in each direction. A turnaround built to City of Moorpark and Fire Protection District approved standards shall also be provided at the Lot 3 driveway. 110. The slope maintenance road abutting Lot 3 (extending east of the Lot 3 driveway access) shall be completed. The access road surface type shall be reviewed and approved by the Fire Protection District and City Engineer. In addition, the Applicant /Developer shall construct a Fire Protection District approved gate to prohibit public access to this slope maintenance road. 111. The secondary access driveway connecting the SR -23 freeway and serving Lot 3 shall be designed to all applicable City of Moorpark and Ventura County Fire Protection District standards. All surface treatments and access DST: c: \1- M \sdi \pc- cond.ipd 27 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 gate systems shall also be approved by the City and Fire Protection District. Other Street Improvements: 112. The SR -23 /Los Angeles Avenue interchange and adjacent improvements shall have been constructed to the satisfaction of the City and Caltrans. The existing interchange will be improved to provide new traffic signals at the terminus of the north and southbound SR -23 off ramps and an access extension of Los Angeles Avenue easterly into the SDI project. Widening of the existing road improvements within the interchange area shall also accomplished. All transitions onto New Los Angeles Avenue and into the SDI property shall be approved by the City Engineer. All plan check and inspection costs incurred by the City for these interchange improvements and transitions shall be paid by the developer. 113. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Director of Community Development. 114. In accordance with Business and Professions Code 8771 the street improvement plans shall, provide for a surveyors statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. 115. Street signs consistent with County Road and Fire District Standards shall be installed prior to occupancy. DURING GRADING AND CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 116. Grading may occur during the rainy season from October 15 to April 15 if approved by the City of Moorpark and subject to installation of debris and erosion control facilities. 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 30 days of completion of grading. 117. That prior to any work being conducted within the State, County, or City right of way, the subdivider shall obtain all necessary encroachment permits from the appropriate Agencies. 118. During clearing, grading, earth moving or excavation operations, dust emissions shall be controlled by regular watering with reclaimed water, if available, paving construction roads and other dust prevention measures. The Applicant /Developer shall submit a dust control plan, acceptable to DST: c: \1- M\sdi \pc- cond.ipd 28 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 the city, concurrently with submittal of the rough (as opposed to the fine) grading plan. This plan shall include, but is not be limited to the following measures: a. Water all site access roads and material excavated or graded on or offsite to prevent excessive amounts of dust. Watering shall occur a minimum of at least two 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 Dust Control Plan shall indicate the number of water trucks which will 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 20 mph averaged over one hour) or anytime wind speeds are such as to blow excessive dust offsite. The contractor shall maintain contact with the Air Pollution Control District (APCD) meterologist 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. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent excessive amounts of dust. e. Keep all grading and construction equipment on or near the site, until these activities are completed. f. Face masks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. g. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. h. Wash off heavy -duty construction vehicles before they leave the site. 119. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following procedures: a. Apply non - hazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing, soil- binding plant to reduce wind erosion and its contribution to local particulate levels. DST: c: \1- M \sdi \pc- cond.ipd 29 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 b. All active portion of the construction site shall be sufficiently watered or treated with environmentally -safe dust suppressants as often as necessary to prevent excessive amounts of dust. 120. At all times, fugitive dust emissions shall be controlled using the following procedures: a. On -site vehicle speed shall be limited to 15 mph. b. All areas experiencing vehicle traffic (e.g. parking areas, dirt roads linking different construction areas, etc.) shall be watered periodically. C. Periodically 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. 121. All diesel engines used in construction equipments shall use high pressure injectors. 122. All diesel engines used in construction equipments shall use reformulated diesel fuel. 123. 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. 124. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 125. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require 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 is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 126. Truck noise from hauling operations shall be minimized through establish- ing hauling routes which avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and approved by the City Engineer. DST: c: \1- M \sdi \pc- cond.ipd 30 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 127. The Applicant /Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 128. Equipment not in use for more than ten minutes shall be turned off. 129. 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 Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 130. The subdivider 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. 131. 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 residential neighborhoods situated north of the project site across the Arroyo Simi. 132. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 133. During smog season (May through October), the construction period shall be lengthened to minimize the number of vehicles and equipment operating at the same time. 134. Construction activities shall utilize new technologies to control ozone precursor emissions as they become available and feasible. 135. Improvements related to sediment management shall be made which will be sufficient to reduce estimated sediment generation to pre - development levels. These improvements shall be made in conjunction with commencement of rough grading operations for the proposed developable lots. All improvements related to debris management shall be completed prior to the first rainy season to occur after rough grading has commenced. 136. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of the watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the revised flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review DST: c: \1- M \sdi \pc- cond.ipd 31 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 and updating of the National Flood Insurance Program maps. If updates to the flood zone have been made a conditional letter of map revision shall be provided to the City prior to issuance of a zone clearance for occupancy of the first residential unit. The subdivider will be responsible for all costs charged by the FEMA and the City's administrative costs. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 137. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 138. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 139. Sufficient surety in a form acceptable to the City guaranteeing the public improvements shall be provided. 140. All surety guaranteeing the public improvements shall remain in place for one year following acceptance 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. 141. 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 3611, 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 builts" plans is required before a final inspection will be scheduled. PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED 142. Construction of the SR -23 /Los Angeles Avenue interchange shall be completed to the satisfaction of the City Of Moorpark and Caltrans. 143. The Applicant /Developer shall have recorded Tract No. 5004 and shall have complied with the conditions of approval for that Tract. III. COUNTY OF VENTURA ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS Project Description Questionnaire DST:c: \1- M \sdi \pc- cond.ipd 32 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 144. Prior to issuance of a Zoning Clearance for tenant occupancy (new or changed uses), a detailed project description questionnaire shall be submitted to the Ventura County Environmental Health Department for review and approval. Hazardous Waste Permit 145. 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. Hazardous Materials Handling 146. Prior to the issuance storage, handling and future tenants shall regulations. of a Zoning Clearance for tenant occupancy, the disposal of potentially hazardous materials from ,e in compliance with applicable State and local Hazardous Waste Minimization Plan 147. Prior to the issuance of a Zoning Clearance for tenant occupancy, the proposed use shall be approved and approved (in writing) by the Ventura County Environmental Health Department to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of hazardous materials, and that any required permits have been obtained. If required by the Environmental Health Department, the Applicant /Developer shall prepare a Hazardous Waste Minimization Plan, and shall obtain a Hazardous Waste Generator Permit if required. A copy of all Hazardous Waste Generator Permits shall be forwarded to the City of Moorpark Department of Community Development by certified mail to be placed in the project file. IV. CITY OF MOORPARK POLICE DEPARTMENT CONDITIONS CONSTRUCTION SITE SECURITY DURING GRADING OPERATIONS AND DURING CONSTRUCTION: 148. A licensed security guard is required during the construction phase, unless a 6 -foot high chain link fence is erected around the construction site. 149. Construction equipment, tools, etc., shall be properly secured during non- working hours. DST: c: \1- M \sdi \pc- cond.ipd 33 INDUSTRIAL PLANNED DEVELOPMENT PERMIT N0. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 150. All appliances and office equipment shall be properly secured prior to installation during non - working hours. All serial numbers shall be recorded for identification purposes. 151. Contractors and sub - contractors shall contact the Moorpark Police Department for "Tailgate" meetings regarding loss prevention on the work site. PRIOR TO ZONING CLEARANCE /BUILDING PERMIT: 152. Lighting plans showing the type and location of all lighting devices shall be submitted to the Police Department for review and approval. 153. Parking lots shall have a minimum maintained one foot candle of lighting at ground level. All lights shall be shielded to prevent light and glare impacts to adjacent residents. 154. Lighting devices shall be protected against the elements and constructed of vandal resistant materials. 155. Lighting devices shall be high enough so as to prevent anyone on the ground from tampering with them. 156. Front door entrances shall be visible from the street or parking areas. PRIOR TO ISSUANCE OF AN OCCUPANCY PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Address 157. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. The numbers shall be a minimum of 6 inches in height and illuminated during the hours of darkness. 158. Address numbers will be placed on all buildings, in an obvious sequenced pattern, to be reviewed by the Police Department prior to designation. 159. 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. This will assist the Ventura County Sheriffs Air Unit in identifying these buildings from the air in the event of an emergency. Security 160. The Applicant /Developer shall prepare and submit to the Community Development Department Director for review and approval a security plan. This plan shall be oriented to reducing potential service demands on DST: c: \1- M \sdi \pc- cond.ipd 34 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 police. The plan shall be approved prior to the issuance of a zoning Clearance for the building permit. 161. An alarm system shall be installed and shall be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. 162. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1 -inch deadbolt. 163. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 164. Prior to issuance of building permits for either the manufacturing (Lot 3) or commercial (Lots 1 and 2) components of the project, the Moorpark Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. To the degree feasible, public safety planning recommendations shall be incorporated into project plans. The Applicant /Developer shall prepare a list of project features and design components that demonstrate responsiveness to defensible space design concepts. The City Director of Community Development shall be responsible for review and approval of all defensible space design features incorporated into both manufacturing and commercial projects. This review shall occur prior to initiation of plan check for either manufacturing or commercial buildings. 165. The Applicant /Developer (or future applicants) shall prepare and submit to the City Director of Community Development for review and approval Security Plans for Commercial Developments situated on Lots 1 or 2. These plans will be reviewed and approved through the Commercial Planned Development permit process. A security plan shall also be provided for manufacturing facilities situated on Lot 3. SDI (or other manufacturing facility developers) shall provide a private security program to assure the safety of all explosive and /or hazardous materials used in present or future manufacturing operations. These plans shall be prepared to assure reduction of potential service demands on police or emergency service providers. The plan shall be approved prior to the issuance of building permits for construction on any developable lots. V. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS Fire Hazard Reduction Program 166. Prior to approval of the Final Vesting Map or issuance of building permits for any lot, the Applicant /Developer shall retain a certified fire management professional and a landscape architect, with native plant experience, to prepare a Fire Hazard Reduction Program; this program shall DST: c: \1- M \sdi \pc- cond.ipd 35 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 be prepared in consultation with the Ventura County Fire Protection District and shall be approved by the Director of Community Development. The certified fire management professional shall be familiar with the objectives of fuel management in wildland -urban interface. The program shall apply to all lands within 200 feet of the developed portion of the project (or as amended by the certified fire professional). Fuel modification zones are proposed to be retained in as natural a state as safety and fire regulations will permit. The zone will be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built environment and natural open space. 167. within the fuel modification zone, native and non - native high -fuel vegetation will be removed and replaced with low -fuel vegetation. The height of plant materials will be kept to a minimum. Planting requirements shall include a combination of trees, shrubs, and groundcover. Irrigation shall not be provided unless necessitated by the plant materials selected. 168. The vegetation management requirements of the Fire Hazard Reduction Program shall be clearly defined. The proposed Owners' Association and property owners, as applicable, shall be responsible for implementing this Program in perpetuity. 169. All structures adjacent to open space and structures with blow -out walls shall be designed to satisfy fire retarding architectural and building code requirements of the City and the County Fire Protection District. Road and Driveway Reauirements 170. A minimum street width of 36 feet shall be proved for access roads. 171. A minimum street width of 30 feet shall be provided around all structures. 172. A minimum street width of 30 feet shall be provided where parking lot access is used as second access. 173. Prior to construction, the Applicant /Developer shall submit two (2) site plans to the Fire District for approval of the location of 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. 174. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 -ton Fire District vehicle shall be installed. DST: c: \1- M \sdi \pc- cond.ipd 36 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 175. The access roadway(s) shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. 176. Access roads shall not exceed 15 percent grade. 177. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6") . 178. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District Private Road Guidelines. Complete access shall be submitted prior to approval of this project by the Fire District. An acceptable primary and secondary access plan for the northeast portion of Lot 3 shall be prepared and approved by the City Engineer, City Geologist, and County Fire Protection District prior to approval of a grading permit, IPD Permit, and building permit for that portion of Lot 3. 179. Prior to construction, the Applicant /Developer shall submit two street improvement plans to the Fire District for review and approval of all access gates and the roadway approach to all gates. 180. Any gates to control vehicle access are to be located so as to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the Fire Protection District. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox system shall be installed. Gate plan details shall be submitted to the Fire District for approval prior to recordation. 181. Prior to recordation of the Final Map, proposed street names shall be submitted to the Fire District's Communications Center for review and comment. 182. 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. Fire Hydrant /Fire Flow Reauirements 183. Prior to recordation of the Final Map and the issuance of building permits, the Applicant /Developer shall provide verification that the water purveyor can provide the required volume /fire flow for the project. 184. Prior to construction, the Applicant /Developer shall submit plans to the Fire District for approval of the location of hydrants. On plans, show existing hydrants within 300 feet of the development. DST: c: \1-M\sdi\pc-cond.ipd 37 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 185. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Waterworks Manual. a. Each hydrant shall be a 6 -inch wet barrel design and shall have two 4 -inch and one 2 % -inch 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. 186. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1994 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 3500 gallons per minute at 20 psi. The Applicant /Developer shall verify that the water purveyor can provide the required volume at the project. Building and Construction Requirements 187. Address numbers, a minimum of 6 inches (611) high, 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 (2501) from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 188. A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 189. All buildings shall be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, and approval to the Fire District. 190. 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 #14. 191. Building plans of all A and H occupancies shall be submitted to the Fire District for plan check. DST: c: \1- M \sdi \pc- cond.ipd 38 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 192. Plans for any fire alarm system shall be submitted to the Fire District for plan check and approval. 193. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet #10. The placement of extinguishers shall be subject to review by the Fire District. 194. Plans for the installation of an automatic fire extinguishing system (such as halon or dry chemical) shall be submitted to the Fire District for plan check. 195. A certification shall be submitted to the Fire District by a qualified specialist or engineer that the fire safety properties and the facilities and appurtenances situated thereon meet the prescribed criteria of recommended good practice. 196. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 200 feet from structures, as described in the EIR. 197. 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.) 198. Applicant /Developer shall obtain VCFD Form #126 "Requirements For Construction" prior to obtaining a building permit for any new structures or additions to existing structures. 199. Applicant /Developer shall submit a phasing plan to the Fire Department for review and approval prior to construction. 200. Prior to Zoning Clearance approval for a building permit, the Applicant /Developer shall submit to the Fire District the following information: Actual building diagrams, including proposed and future structures, completed infrastructure including verification of water and actual street alignments, and the type, quantity, storage, and use practices of the "volatile liquid storage" buildings. 201. During all grading and site clearance activities, earth moving equipment shall be equipped with spark arrestors and at least two portable fire extinguishers per vehicle. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Protection District. DST: c: \1- M \sdi \pc- cond.ipd 39 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 202. All equipment and material staging activities shall be coordinated with the County Fire Protection District. Notification of staging locations and equipment storage areas shall be provided to the District and a location acceptable to the District shall be designated. Fire prone construction activities (initial vegetation clearance, hauling and stockpiling of vegetation, or any construction activity involving concentrated sources of heat) shall be prohibited during "Santa Ana" wind conditions. Risk Management Emergency Response and Hazards Materials Management Plans 203. For any lots developed with manufacturing uses, the Applicant /Developer shall prepare a Risk Management Plan, Emergency Response Plan, and Hazards Materials Management Plans acceptable to the City and the County Fire Protection District. These plans shall be reviewed and approved by the City Director of Community Development prior to issuance of an occupancy approval. VI. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS 204. Prior to issuance of a Zoning Clearance for a building permit, the applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" and any subsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new construction. Any requirements by the Fire Protection District, that are greater than Waterworks District No. 1 existing facilities are the responsibility of the Applicant /Developer. 205. The Applicant /Developer shall be responsible to construct and pay for the required in -tract and off -site water, and sewer improvements necessary to serve the property. 206. Applicant /Developer shall be required to pay all applicable water capital improvement fees and sewer connection fees in accordance with the District's Rules and Regulations. 207. Prior to Zoning Clearance approval for a building permit, the entire property encompassed by Tract 5004 shall be annexed into the Waterworks District No. 1 service area. The pressure zone to which the project will be assigned shall be identified and the feasibility of providing the required domestic, landscaping, and fire flow supplies to all four proposed developable lots on the Vesting Map without on -site reservoir storage shall be documented. The infrastructure plan for the project shall be designed to address the details for the placement of all required water and sewer conveyance facilities in appropriate alignments. No alignments shall be approved by the City Engineer that pass through areas with potential landslide or liquefaction hazards. The Subdivider shall DST: c: \1- M \sdi\pc- cond.ipd 40 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 95 -2 APPLICANT: SPECIAL DEVICES INCORPORATED July 15, 1996 obtain all necessary right -of -way and easements to install the required infrastructure in said alignments. The City, at its discretion, may assist with the acquisition of such easements. 208. Prior to Zoning Clearance approval for a building permit, the proposed infrastructure plan for the project shall be designed to address unresolved questions regarding the capacity of and need for on -site storage, provision of adequate fire flows, the sizing of all required mains and distribution lines, and related pump station planning. The Applicant /Developer shall obtain all necessary right -of -way and easements to install the required infrastructure. The final infrastructure plan shall be approved by Waterworks District No. 1, by the City Engineer, and by the Fire Protection District, prior to approval of the Vesting Map. 209. Prior to Zoning Clearance approval for a building permit, the proposed wastewater treatment conveyance facility plans for the project shall be designed to address unresolved questions regarding the capacity of adjacent sewer mainlines, the ability of the project effluent to be accommodated, and the sizing of all required mains and distribution lines, and related pump station planning. The Applicant /Developer shall obtain all necessary right -of -way and easements to install the required infrastructure. The final wastewater treatment conveyance line plan shall be approved by Waterworks District No. 1 and by the City Engineer prior to approval of the Final Vesting Map. VII. ENVIRONMENTAL MITIGATION MEASURES APPLICABLE TO ALL PHASES OF THE FINAL VESTING MAP 210. The approved Mitigation Monitoring Program to be included as Attachment _ to City Council Resolution No. 96- and all applicable mitigation measures are requirements of the Industrial Planned Development Permit No. 95 -2, as shown by italic type in the preceding conditions of approval. In cases where a mitigation measure is a duplicate of a standard condition of approval, italic type is not shown. In cases where a mitigation measure has slightly different wording from a condition of approval, the language in the condition of approval shall be controlling. DST: c: \1- M \sdi \pc- cond.ipd 41 A G E N D A R E P O R T C I T Y O F M O O R P A R K, TO: The Planning Commission / FROM: Nelson Miller, Director of Community Developmeri /j� ` — Deborah S. Traffenstedt, Senior Planner SST DATE: July 10, 1996 (PC Meeting of 7- 15 -96) SUBJECT: CONSIDER ADOPTION OF A RESOLUTION RECOMMENDING APPROVAL, OF THE SPECIAL DEVICES INCORPORATED PROJECT: GENERAL PLAN AMENDMENT NO. 95 -11 ZONE CHANGE NO. 95 -3, VESTING TENTATIVE MAP NO. 5004, AND INDUSTRIAL PLANNED DEVELOPMENT ( IPD) PERMIT NO. 95 -2 BACKGROUND A prior public hearing for the Draft Environmental Impact Report (EIR) and proposed project entitlements was held on June 10, 1996. At that meeting, the public hearing on the Draft EIR was closed, and the public hearing on the requested project entitlements was continued to July 1, 1996, and then subsequently continued (without discussion) to July 15, 1996. The staff report for the June 10 meeting contained a detailed discussion of the proposed project and issues. The intent of this report is to describe revisions made to the Vesting Tentative Map and IPD Permit exhibits since the June 10 meeting, identify required findings, and to transmit a draft resolution (Attachment 1) and draft conditions of approva (Attachments 2 and 3) for the Vesting Tentative Map and IPD Permit• DISCUSSION Proiect Revisions Since the June 10 Planning Commission public hearing, a revised Vesting Tentative Map (Attachment 4) and IPD Permit exhibits (Attachment 5 - Site Plan, and Attachment 6 - Elevations) have been submitted. A set of colored elevations and the matching paint sample colors have also been submitted, which will be available for review at the July 1 meeting. The revised Vesting Tentative Map and IPD Permit exhibits substantially comply with the comments addressed in Attachment 8 to the staff report for the Commission's June 10 meeting. One revision to the Vesting Tentative Map, that will need to be completed prior to City Council action, is the ATTACHMENT 2 The Planning Commission July 10, 1996 Page 2 inclusion of topography for all of Lot 3 (the northeast portion). Following is a summary of the revisions made to the Vesting Tentative Map and IPD Permit exhibits. Vesting Tentative Map Revisions made to the Vesting Tentative Map include, but are not' limited to, the following: The number of lots has been reduced from 10 to 7. Undevelopable lots now have an alphabetical designation. Former Lots 3 and 4 have been combined into Lot 3. Former Lot 5 is now shown as Lot A. Former Lot 6 is now shown as Lot 4. Former Lot 7 is now shown as Lot B. Former Lots 8 and 9 have been combined into Lot C. A portion of former Lot 10 is now shown as a private road easement, the remainder has been incorporated into Lot 3. Existing and proposed easements are now shown The acreage of the unincorporated area of Lot A is now shown. The private road ( "A" Street) has been modified to provide four travel lanes between the intersection with New Los Angeles Avenue and the Lot 3 driveway. "A" Street now terminates approximately 1,000 feet east of the driveway location for the Lot 3, Phase 1, development. (The road cannot be terminated at the driveway, because the paving is required for benching purposes, to provide stability for the manufactured slope.) Staff still has concerns regarding development of the northeast portion (flag area) o$ Lot 3, and language has been included in the draft conditions of approval and should be included in the Development Agreement to clearly indicate that any development of that area will require a new IPD Permit and additional environmental review. Also, no development of the flag area of Lot 3 shall be permitted until secondary access is provided over the Arroyo Simi (or by other routes to the south) and the access road between the two potential development areas of Lot 3 is designed and built to standards that will permit the road to remain in place without significant failure in the event of an earthquake. Another correction to the Vesting Tentative Map that will be done prior to City Council approval is the addition of topography for the flag area of Lot 3. The Planning Commission July 10, 1996 Page 3 Industrial Planned Development (IPD) Permit Elevations: The elevations have been revised to achieve greater compliance with the Hillside Grading Ordinance requirements. Colors have been revised to emphasize blending with the surrounding natural- terrain. The roof line now includes more variation and is slightly higher overall, with the highest point being 41 feet. A terraced planter has been added along the north elevation. (A set of colored elevations and the sample paint colors will be available for review at the July 1 hearing.) The proposed beige and blue colors are intended to blend with the hillside and the sky. The previously proposed white (building) and gold (door) colors have been deleted. Site Plan: The site plan has been revised to show more clearly the parking area dimensions, handicapped parking, type of parking and driveway area surfacing, and bicycle parking and motorcycle parking locations. A wider driveway has also been provided to allow two turn lanes in and out. The site plan shows compact parking spaces totaling 60 of 732 spaces. The Zoning Code provides that not more than ten percent of the total parking in industrial zones may be authorized for compact parking spaces, and that the minimum size of a compact parking space shall be seven and one -half feet by fifteen and one -half feet. The project is consistent with these requirements; however, the site plan does nLaed to be revised to remove compact parking spaces adjacent to pedestrian walkways. A draft condition of approval has been added for the IPD Permit that requires that all handicapped parking spaces and other parking spaces adjacent to pedestrian walkways shall be a minimum of 20 feet in length. Final Environmental Impact Re ort The public review period for the Draft Environmental Impact Report (EIR) for the SDI Project ended on July 8, 1996, and the Final EIR (which will include the Responses to Comments) is currently under preparation. Neither the California Environmental Quality Act (CEQA) nor the City's CEQA Procedures require the Planning Commission to review the Final EIR and recommend certification. The Final EIR is required to be presented to the decision - making body for certification prior to approving the project.) Given the City Council's direction to expedite the processing of the SDI The Planning Commission July 10, 1996 Page 4 Project, the Planning Commission is being asked to provide a recommendation on the requested project entitlements (General Plan Amendment, Zone Change, Vesting Tentative Map, and IPD Permit), based on the Draft EIR, which is allowed under CEQA, prior to completion of the Final EIR. Findings Based upon the project information presented to the Planning Commission, including but not limited to, the EIR and technical appendices, staff reports, and staff and public testimony, the Planning Commission may use the following findings to recommend approval of the project to the City Council. General Plan Amendment Finding The approval of General Plan Amendment No. 95 -1 is consistent with the goals and policies of the Land Use Element, as well as consistent with the other elements of the City's General Plan. Zone Change Finding Subject to approval of General Plan Amendment No. 95 -1, the approval of Zone Change No. 95 -1 is consistent with the City's General Plan. Subdivision Map Act Findings The Planning Commission finds that the Tentative Vesting Map, with imposition of the attached conditions of approval, meets the requirementb of the Government Code Sections 66412.3, 66473.1, 66473.5, 66474, 66474.6, and 66478.1 et sea, and the City's Subdivision Ordinance, as follows: 1. The proposed Vesting Tentative Map is consistent with the intent and provisions of the City's General Plan. 2. The design and improvements of the proposed subdivision are consistent with the General Plan. 3. The project site is physically suitable for the type of development proposed. 4. The project site is physically suitable for the proposed density of development. The Planning Commission July 10, 1996 Page 5 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, with incorporation of EIR mitigation measures. (Adoption of a Statement of Overriding Considerations is required.) 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 7. The design of the subdivision and the type of improvements would not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. 8. Discharge of waste from the proposed subdivision into the existing community sewer system would not result in violation of existing water control requirements under California Water Code Section 13000 et seq. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. (The definition of public waterway does not apply to the Arroyo Simi.) 10. The design of the subdivision provides to the extent feasible, future passive or natural heating or cooling opportunities. 11. The effect ?f this action upon the housing needs of the region has been considered and balanced against the public service needs of City residents and available fiscal and environmental resources. Industrial Planned Development Permit Findings 1. The proposed industrial project is consistent with the intent and provisions of the City's General Plan and Zoning Code. 2. The proposed industrial project is compatible with the character of surrounding development. 3. The proposed industrial project would not be obnoxious or harmful, or impair the utility of neighboring property or uses. The Planning Commission July 10, 1996 Page 6 4. The proposed industrial project would not be detrimental to the public interest, health, safety, convenience, or welfare. 5. The proposed industrial project is compatible with existing and planned land uses in the general area where - the development is to be located. 6. The proposed industrial project is compatible with the scale, visual character and design of the surrounding properties, is designed so as to enhance the physical and visual quality of the community, the proposed structures will have design features which provide visual relief, and open space has been incorporated to provide separation between land uses of conflicting character. 7. The Planning Director has recommended approval of the proposed maximum building height of 41 feet. STAFF RECQKENDATION Adopt a resolution recommending approval of General Plan Amendment No. 95 -1 and Zone Change No. 95 -3, and conditional approval of Vesting Tentative Map No. 5004 and Industrial Planned Development Permit No. 95 -2. Attachments: 1. Draft Resolution 2. Draft Vesting Tentative Map No. 5004 Conditions 3. Draft IPD Permitt No. 95 -2 Conditions 4. Vesting Tentative Map (two sheets) 5. Site Plan 6. Elevations (two sheets) 7. Zoning Map Showing Project Location 8. Reduced (8 1/2" x 11 ") Sheet 1 of Vesting Tentative Map 9. Reduced (8 1/2" x 11 ") Site Plan MOORPARK 1 j Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 CITY OF MOORPARK PLANNING COMMISSION STAFF REPORT - JUNE 10, 1996 SECTION I - GENERAL INFORMATION A. HEARING DATE: June 10, 1996 B. HEARING TIME: 7:00 p.m. C. HEARING LOCATION: Moorpark City Hall City Council Chambers 799 Moorpark Avenue Moorpark, California 93021 D: PROJECT NAME AND CASE NUMBERS: E. STAFF CONTACT: Special Devices Incorporated Regional Headquarters, Manufacturing Plant Facilities, and Commercial Development Plan Vesting Tentative Tract No. 5004 Industrial Planned Development Permit No. 95 -2 General Plan Amendment No. 95 -1 Zone Change No. 95 -3 : Development Agreement Application Pp (not filed) Annexation to Waterworks District No. 1 Annexation to the City of Moorpark (a portion of Lot 5) Deborah Traffenstedt, Senior Planner �D ST F. APPLICANT: Special Devices, Incorporated 16830 W. Placenta Canyon Rd. Newhall, CA, 91321 (805) 259 -0753 Assessor's Parcel Numbers: 500- 350 -145 513 - 050 -085 ATTACHMENT 3 PAUL W. LAWRASON JR. JOHN E. WOZNIAK ELOISE BROWN PATRICK HUNTER Mayor Mayor Pro Tem BERNARDO M. PEREZ Y CouncilmemhPr r.,. 1.,,.0..,,.— - - The Planning Commission June 10, 1996 Page 2 H. PURPOSES OF THE PUBLIC HEARING: 1. The City's California Environmental Quality Act (CEQA) procedures (City Council Resolution No. 92 -872) require that a Planning Commission public hearing be scheduled for consideration of public comments on a Draft EIR during the public review period. The intent of the public hearing is to provide for direct communication between reviewers and the Lead Agency (the City) and to provide an opportunity for members of the public to learn the concerns of other people testifying about the potential environmental impacts of the project. Comments regarding the adequacy, completeness, and accuracy of the DRAFT EIR will be considered in finalizing the environmental document for the project. 2. The City is also soliciting comments on the $roposed project itself. Areas of potential public concern include the appropriateness of the proposed land use, the effects of the project on the quality of life and character of the community, and potential adverse and beneficial effects of the project on the City's environment. Other appropriate domains of public comment include the economic and social effects of the project and its impacts on area roadways, schools, public services, and related municipal infrastructure. I. LOCATION: The approximately 285 acre project site is situated in the eastern portion of Moorpark, immediately east of the intersection of Highway 23 and New Los Angeles Avenue. The Planning Commission June 10, 1996 Page 3 J. REQUESTED ACTION AND STAFF RECOMMENDATION: 1. Open the public hearing on the DRAFT EIR and the Project and accept public comments and testimony; and 2. Close the public hearing on the DRAFT EIR, discuss project issues and continue the Project public hearing to a Special Meeting scheduled for July 1, 1996. SECTION II - PROJECT BACKGROUND K. APPLICATION HISTORY, COMPLETION, AND PROCESSING TIME LIMITS: Project Application History In mid - summer of 1994, Special Devices Incorporated (abbreviated SDI) , a company that primarily manufactures automobile safety related equipment (primarily air bag initiators, an essential small part of the air bag assembly which is installed in new automobiles), embarked on a site selection effort to determine where to relocate and consolidate facilities in the Southern California area. The company has an existing assembly operation in Placerita Canyon in the Newhall area but the County of Los Angeles has declined to permit expansion at this location; in addition, the constraints of the present Newhall site require expansion and consolidation at a new facility. The company's site selection process was governed in part by a a very rapid growth in the demand for initiators in response to both market demand and regulatory requirements that gradually are requiring the incorporation of air bags into new cars manufactured not only in North America but in Europe and Asia as well. SDI undertook an area -wide search for development sites with a particular emphasis on the Ventura County region. This process was facilitated with the participation of the County of Ventura Business Ombudsman's Office and the Director of the Resource Management Agency, the County Public Works Agency and the Fire Marshall. Several cities in the County prepared and submitted proposals for SDI relocation and, after an extensive review process, the City Of Moorpark was selected as the optimal location for the new, consolidated manufacturing facility. In mid - summer of 1994, SDI tentatively selected a piece of property situated immediately adjacent to the State Route 23 /New Los Angeles Avenue Interchange owned by Carlsberg Financial Corporation as the optimal site for the relocation. This decision was governed by a number of factors including the proximity of the site to transportation routes, its central location in the eastern Ventura County area, the suitability of the site for the proposed use and lack of incompatibility with surrounding uses and properties, the suitability of housing and labor markets, and the minimization of relocation disruption that would result. In response to this decision, the City and SDI engaged in a series of meetings and negotiations with both County and State The Planning Commission June 10, 1996 Page 4 participation. State involvement primarily was designed to facilitate the process of upgrading and improving the New Los Angeles Avenue Interchange situated adjacent to the selected site. Agreement to Process the Application and City Incentives In December of 1994, the Moorpark City Council agreed to process a General Plan Amendment, Zone Change, and other related entitlement requests to permit development of the proposed uses. As part of the relocation planning undertaken by SDI, the company attempted to arrange for incentives by County, State, and City jurisdictions. The rationale for these requested incentives was based on the economic value (primarily job formation) that would result from the relocation. In response to these requests, the County agreed to expedite processing of any relevant permits, the state agreed to manage and facilitate a "fast- track" Caltrans review process for interchange modifications, and the City agreed to several � incentives which are memorialized in a letter from the City Manager dated December 21, 1994. The agreed upon incentive program involved the following: (1) an agreement to expedite processing the applications and the DRAFT EIR for the project to the degree feasible; (2) City support for SDI's efforts to obtain State tax credits and City participation in a cooperative agreement with Caltrans if required for interchange reconstruction; (3) the City agreed to waive the Arts in Public Places fee ($15,000) and the landscape fee ($7,500); (4) the City agreed to assess an estimated total of $225,785 for the Los Angeles Area of Contribution (AOC) and Citywide Traffic Mitigation Fee. The Citywide Mitigation Fee was to be calculated at $.50 per square foot for 150,000 square feet of building area. The AOC fee was to be calculated based on the actual size and type of development but was capped at $150,785; exceeding this cap would require City Council approval. (5) The City further agreed to support fee deferrals with fixed simple interest terms for certain fees such as air quality. Clverall, the agreed upon fee reduction and deferment package resulted in an estimate of $500,000 savings for SDI; most of this reduction was attributable to traffic mitigation fee modifications permitted by the City. The Planning Commission June 10, 1996 Page 5 Application Complete Status and Initial Research Concerning the Selected Property After City action in December of 1994 agreeing to accept applications for a General Plan Amendment, Zone Change, and related entitlements, six months later, in June of 1995, the applicant formally submitted a series of correlative entitlement requests including: Vesting Tentative Tract No. 5004 Industrial Planned Development Permit No. 95 -2 General Plan Amendment No. 95 -1 Zone Change No. 95 -3 No formal application has been filed (as of June 5, 1996) for a development agreement; however, the agreement and the agreement will be required to satisfy a request to develop a project not in conformance with the City's Hillside Management Ordinance. Staff's understanding is that a development agreement application will be filed within approximately two weeks. In July 1995, City staff determined that the application submittals were incomplete, and the City requested additional information about the project from the applicant and applicant's engineer. Between July 1995 and March of 1996, preliminary hydrologic, geologic, drainage, and infrastructure planning was completed A series of environmental reports addressing environmental resources within the subject property were also completed between June of 1995 and March of 1996. In tandem with the environmental research and infrastructure planning performed for the property, the City, SDI, state representatives, Caltrans staff, and the EIR consultant completed coordinated planning, permitting, and expediting of funding for the improvement to the New Los Angeles Avenue Interchange. This work included projecting ultimate buildout for the SDI project and cumulative development in the region and designing modifications to the ramp system serving the interchange. A Notice of Preparation (NOP), Initial Study, Project Description, and EIR scope of work were released for public review in June of 1995. Comments received by the public were considered in preparing a scope of work for the DRAFT EIR. Copies of the NOP, Initial Study, NOP responses, project applications, and related materials are included in Appendix 1 of the DRAFT EIR. The Vesting Tentative Map and IPD Permit related applications for this project have yet to be determined to be complete (as of June 5, 1996) . Staff is currently working with the applicant to finish all required submittals which will enable a determination of application complete. Staff is also working with the applicant to amend the proposed Vesting Tentative Map to address a variety of concerns about the project design, engineering, and environmental constraints. Applications will be complete prior to the July 1, meeting. 1996 special The Planning Commission June 10, 1996 Page 6 SECTION III - PROJECT DESCRIPTION L. PROJECT DESCRIPTION AND ENTITLEMENT APPLICATIONS Special Devices Incorporated Special Devices Incorporated was established as a Southern California aerospace based firm about 30 years ago. Since 1960, the company's administrative headquarters and manufacturing, research, and assembly operations have been situated in Newhall, California, in a facility permitted by the County of Los Angeles in Placerita Canyon. For approximately 30 years, the company specialized in creating, manufacturing, and distributing pyrotechnic and explosive ordnance products for the Department of Defense. SDI provided essential parts for a variety of weapons systems; sales to major defense contractors (such as Lockheed, TRW, MCDbnnell Douglas, Martin Marietta) were relatively stable for 30 years. Through 1990, peak employment was about 175 people and the majority of all sales were in defense and armament related products. In 1989, the company began developing an application for military technology to civilian uses. This modification of applied defense technology resulted in dramatic growth for the company with the development of the "air bag initiator ". Shortly after this transfer of technology, the company began reframing their manufacturing processes and developed a facility for the manufacture of air bag initiators in Mesa, Arizona, and began the process of converting the Newhall facility, at least in part, to air bag initiator assembly. At the two existing facilities in Arizona and California, production of the automotive initiator is done combining the work effort and technology of human labor at manual work stations and semiautomatic and automatic equipment, The primary air bag initiator facility is in Mesa, Arizona, approximately 40 miles outside of Phoenix. In 1993, the Mesa plant experienced a significant volume growth. Since 1991, in a period of approximately 4 years, employment and sales volumes increased by more than 3006. The need for the SDI relocation, expansion, and consolidation has been largely driven by the very rapidly expanded national and international demand for their products and by the need to have large enough facilities to permit automation of many functions. In addition to the automobile products division, SDI continues to research, design, and manufacture high - reliability pyrotechnic devices used primarily in tactical missile systems. The division's principal products are state- of -the- art initiators and arm -fire devices, each of which are components in a larger customer product. Each of these products, all of which may be manufactured at the SDI facility, are described below. The Planning Commission June 10, 1996 Page 7 Project Objectives The applicants objectives are: (1) to relocate and consolidate corporate offices, manufacturing, shipping, and storage facilities in a single location; (2) to provide ample manufacturing space for planned expansion in response to market demands; (3) to complete a subdivision of a parcel of land into four parcels, two of which would be sold to other parties interested in freeway oriented commercial development; and (4) to obtain required entitlements to achieve these objectives. Entitlements Requested 1. Vesting Tentative Tract Map No. 5004 The applicant is proposing to record a ten lot vesting tentative map. The vesting map has been selected by the applicant to assure that the rights to construct on the four proposed developable lots included on the map are vested irrevocably. The use of the vesting map will also establish and limit the fees, exactions, and future mitigation requirements for buildout of the developable lots through time. The configuration of lots on the proposed Vesting map are displayed in Attachment 1 (Vesting Tentative Map reduction) and Attachment 2 (full size blue line copy). Lots 1 and 2 are proposed to be developed with commercial uses by developers with an interest in major freeway oriented commercial uses. While no specific uses are proposed at this time, consideration has been given to development of a major hotel, freeway oriented "big box" commercial use, and other general commercial uses. Lots 3 and 4 would be committed to manufacturing uses and are proposed to be retained under the control of SDI rather than other developers. The primary facility to be constructed at this time is proposed to be situated on Lot 3; expansion of future facilities are proposed on Lot 4. Total developable square footage proposed under the Vesting Map (as studied in the DRAFT EIR) are outlined in Table 1 of the staff report. Lots 5 through 9 of the Map are reserved to open space uses (conservation easements, maintenance areas) and the access road linking Lots 3 and 4 will be situated in Lot 10. 2. General Plan Amendment 95 -1 and Zone Change 95 -3 The applicant's goal is to obtain entitlement permits necessary to develop two manufacturing facilities and two commercial facilities. These types of uses are presently not permitted by existing land use and zoning designations. Therefore, modifications will need to be made in the land use designations for the project. The Planning Commission June 10, 1996 Page 8 Implementation of the proposed project cannot be accomplished under the existing Zoning or General Plan Land Use Designations and therefore approval of the project will require a General Plan Amendment and Zoning Designation change. The Alternatives Chapter of the DRAFT EIR (Chapter 20) contains a discussion of the financial and physical feasibility of developing a project conforming with present designations; the discussion also contains a comparison of the environmental effects of developing the project as proposed or implementing a project consistent with the existing General Plan Designation. Table 1 Projected Total Square Feet of Building Area Associated with Developable Lots on Vesting Map 5004 t Under existing T Zoning and General Plan designations, OS -40 acre (open space uses permitted with a residential density of 1 dwelling unit per 40 acres) and OS -2 (Open Space 2 - -1 dwelling unit per 40 acre minimum) , the 285 acre property could be developed with approximately 7 residential units (theoretical maximum) . The OS -2 General Plan designation is intended to define areas of permanent open space which function to preserve visual resources and natural areas, to buffer the community from surrounding developable acreage, and to provide relief from the noise and crowding of urban development. This designation is also applied to areas with significant environmental hazards. If the SDI property is redesignated as proposed, about 4.6 percent of the inventory of land within the City designated as OS -2 would be eliminated; however, 231.22 acres of the total 284.80 acre site would be preserved as open space. Based on the Land Use Element of the General Plan, the appropriate designations for the properties included within the Vesting Map boundary are summarized in Table 2 of the staff report (Proposed Land Use Designations) . The appropriate General Plan Land Use designations for the two commercial lots (Lots 1 and 2) would be C -2 (General Commercial) with a zoning designation of CPD (Commercial Planned Development). The Planning Commission June 10, 1996 Page 9 The C -2 designation is reserved for general commercial uses (with a F1oor:Area ratio of .25) ; the uses proposed by SDI at this time for these two Lots are appropriate for the C -2 attributes contained in the Land Use Element.' For the manufacturing uses planned by SDI, the appropriate General Plan designation would b2 I -2 (Medium Industrial) and the companion appropriate zoning would be M -2. The distribution of proposed land uses and requested General Plan and Zoning Designations are illustrated on the Vesting Tentative Map for the project (Attachment 1); development statistics, related permit requirements, project phasing, attribution of square footage to various phases, floor area ratios, and net developable acreage on Lots 1 through 4 are summarized in Chapter 4 of the DRAFT EIR and in Tables 3 and 4 of the staff report. 3. Industrial Planned Development Permit No. 95 -3 t At this time, the applicant is only requesting an Industrial Planned Development Permit (IPD) for Lot 3 Phase 1 development (131,000 square feet). Subsequent applications for Phase 2 development on Lot 3 and a related permit for Lot 4 will be submitted in the future. Details concerning the project (parking supply, architecture, building detailing, landscaping, and related matters are summarized in the DRAFT EIR Project Synopsis (Section 4.6 of Chapter 4). The main manufacturing facility covered by this IPD is proposed to be located on a 30 acre pad next to the future commercial development to be placed on Lot 2. The SDI corporate headquarters and office will be located on the same pad as the main manufacturing facility. The manufacturing plant will include facilities for both the automotive products division and the smaller aerospace division of the company. The relationships between various project components are illustrated in Attachment 3; building elevations covered by the IPD application are presented in Attachment 4 and the Landscape Plan for this portion of the development is presented in Attachment 5. The grading plan that has been proposed to modify landforms to enable construction of the project is illustrated in Attachment 6. f The Land Use Element states: 'This designation provides for commercial areas with a wide range of retail and service activities (6 -20 acres). Intended uses include community shopping centers, department stores, restaurants, automotive uses, office and Professional services, and business support services. This designation encourages the grouping of commercial outlets into consolidated centers with direct access to major roads, arterials and/or freeways." 2 The Land Use Element states: "This designation is intended to provide for intensive industrial uses including light manufacturing, processing, fabrication, and other non - hazardous industrial uses. The M -2, Medium Industrial Zone, as identified in the City's Zoning Ordinance, is consistent with the 1 -2 designation." The text of the Land Use Element distinguishes between light and medium industrial uses and the SDI project does not conform with the general intent of the 1 -1 light industrial designation which states: 'This designation is intended to provide for a variety of industrial uses within the City. Suitable uses include light industrial service, technical research and business office use in a business park context." The SDI project involves manufacturing primarily and is not a research or business office facility. The Planning Commission June 10, 1996 Page 10 Table 2 Vesting Tentative Map Land Use Designations Developed Gross Proposed Proposed Lot Number Acreage (Acres) Area (Acres) Zoning General Plan Designation 1 (Commercial) 8.72 8.72 CPD C -2 2 (Commercial) 2.44 2.44 CPD C -2 3 (Manufacturing) 26.50 30.25 M -2 1 -2 4 (Manufacturing) Unknown 7.81 M -2 1 -2 5 (Open Space) 183.90 OS OS -2 6 (Open Space) 21.43 OS OS -2 7 (Open Space) 10.58 OS OS -2 8 (Open Space) 1.37 OS OS -2 9 (Open Space) 13.94 OS OS -2 10 (Open Space) 4.36 OS -2 OS -2 Total Acreage 284.80 Total Open Space 231.22 In addition to the manufacturing facilities, approximately ten acres of -Commercial development (170,000 square foot) on Lots 1 and 2 is planned at the site. The pads for this proposed commercial development is located immediately adjacent to Highway 23; Lot 1 and has been previously graded by Caltrans as a part of the Highway's construction and Lot 2 will be graded at the time the project access road and Lot 3 are created. The precise nature of the planned commercial development has not yet been determined. SDI intends to sell these lots in the future for commercial development. The Planning Commission June 10, 1996 Page 11 Grades Proposed to Implement the IPD Permit The proposed grading plan which will result in the construction of Phase 1 and 2 development on Lot 3 and future development of Lots 1 and 2 with commercial uses will involve moving approximately 1,400,000 cubic yards of earth; cut and fill will be balanced on site. The ridge located in the center of the 30 acre pad for Lot 3 would be leveled and used to fill the drainages and swales in terrain surrounding this ridge. The high perimeter ridgelines surrounding the manufacturing facilities would be preserved without modification. Grading impacts are described in detail in Chapter 6 (Geologic Hazards) and in Chapter 16 (Aesthetics and Visual Resources) of the Draft EIR. The Planning Commission June 10, 1996 Page 12 Proposed Road Improvements Ingress and egress to the project site would be provided via a proposed modification of the offramp at the intersection of Highway 23 and New Los Angeles Avenue. Road segment and intersection capacity improvements will be required for this project. In addition, construction of approximately 2000 feet of a private roadway from the end of New Los Angeles Avenue to the manufacturing and commercial facilities is proposed. The scope of these improvements and alternative circulation improvement plans are described in Chapter 14 of the DRAFT EIR. Improvements to the Caltrans interchange are not described in this document (except in a schematic manner and to assure that traffic impact concerns are addressed) ; construction of the interchange improvements were determined by the State to be CEQA exempt as a minor project. Building Uses and the Manufacturing Processes Proposed for the Lot 3 IPD Five types of buildings used in various manufacturing processes will be located on Lot 3. These buildings include: (1) a building for storing and processing the raw material used to make the reactive powder; (2) another building in which the blending of the powder and quality control testing takes place; The Planning Commission June 10, 1996 Page 13 (3) a separate structure will be used for the storage of solvents; (4) magazines where the mixed and tested powder is stored will be set apart from the rest of the manufacturing plant; and (5) the remaining manufacturing, packaging and quality control operations will be housed in the largest of the structures to be constructed. This last building will also house SDI's corporate headquarters. Site utilization data concerning the planned buildings for Phase 1 and 2 of Lot 3 of the Vesting Map and the planned total area for the Lot 4 expanded manufacturing project are presented in Table 4. It is important to stress that the present applications being considered by thr City are only for IPD clearance related to Phase 1 of the project, the initial 131,200 square feet of manufacturing and office facilities proposed for Lot 3. Information about the proposed Phase 2 development of Lot 3 and Phase 3 on Lot 4 is provided for informational purposes only and should not be construed as an analysis of any entitlement to construct these future phases. Supplemental information about the breakdown of projected interior building uses allocated at this time to Phase 1 and 2 of development on Lot 3 is provided in the DRAFT EIR (Tables 4 -5 and 4 -6 in Chapter 4). Additional information about the IPD permit, and allocation of square footage is provided in Attachment 7. Volatile and Potentially Hazardous Raw Materials and Chemical Processing A description of the operating procedures, manufacturing and shipping specifications, and a description of potential hazards associated with the manufacturing operations proposed on Lots 3 and 4 are summarized below. Additional discussion of the potentially hazardous nature of these materials can be found in Chapter 12 of the DRAFT EIR. The following discussion of chemical processes used in the manufacturing plants to be constructed on Lots 3 and 4 is based on detailed City and consultant review of written records of manufacturing operations, interviews with SDI engineers and safety technicians, and observation of plant operations in Mesa, Arizona. The primary volatile and potentially hazardous raw chemical materials used in the manufacturing process are Zirconium, Potassium Perchlorate, and Potassium Nitrate. Enough raw materials will be kept on site for three weeks of manufacturing. Deliveries of raw materials are made every three weeks. The Paw materials are collected and dried in one building. The waste water from the collection process is then filtered and the filters subsequently are burned through incineration in a small hazardous waste incinerator which is on -site (location D -1 on the IPD Site Plan exhibit). Approximately five pounds of filters and clean -up paper are expected to be burned every day. This activity requires state, county and federal permits. All other flammable and solid waste will be shipped off site. Zirconium and the Potassium compounds are wet -mixed in a building set well away from the manufacturing facility. Building clearance distances are set by license and permit requirements implemented by both federal and state The Planning Commission June 10, 1996 Page 14 authorities. The mixing takes place in bays with walls that are designed to detach from the building in the event of a sudden increase in pressure (blow- out walls) . There will be a berm behind the building designed to catch debris from any such an occurrence. The mixing is automated and will take place in a room that is controlled from the outside by a trained technician. This building is humidity controlled and every object in the building is grounded. Each batch of ignitor compound produced will be tested in the quality assurance laboratory after wet mixing. The solvents to be used in the wet mixing process are stored in separate magazines. These solvents (acetone and heptane) are evaporated from the mixed ignitor. After mixing and testing, the ignitor material will be transported on a special cart by a technician to magazines for storage. The proposed magazines are isolated from the rest of the plant and surrounded by berms. The magazines are humidity controlled and constructed of steel and cinderblock with wood interior walls to prevent sparking. �. Minute amounts of the mixed reactive ignitor are then put into the initiator casings via an elaborate manufacturing process. The casings are be tested for leaks with minute amounts of radioactive markers and visually inspected. The initiators are also subject to an augmented bomb test for quality control at this stage of manufacturing; this stage of the manufacturing process results in impulse noise that is described in Chapter 11 of the DRAFT EIR. The final product, a completed initiator, a small object about the size of a thimble with a short leash of wire, is then bulk packaged and shipped to the various buyers. The product will be shipped either in bundles or individually wrapped containers according to the buyers preference. The initiators to be manufactured at this facility will contain either 185mg or 650mg of reactive ignitor compound per initiator. Reactivity of Initiators and Hazard Conditions All the buildings in the facility except the office will be controlled for static electricity and grounding to prevent sparking and accidental ignition of the reactive ignitor compound. All buildings, and storage and processing procedures have been designed and tested for the safety both of the workers and the facility. The chemical reaction which takes place when automotive airbag initiators are activated is classified as a rapid deflagration rather than an explosion. The activation of initiators is not classified as an explosion because it does not break the speed of sound. The finished initiators are very stable and do not mass propagate, that is, if one initiator in a bundle is activated, the others in the bundle do not activate as well. The initiators to be manufactured at this facility are classified at the lowest level for explosives in the Uniform Fire Code (1.4 s class) . The initiators can be shipped via any courier. The hazard footprint for the proposed manufacturing facilities is very small, less than 300 feet and is fully contained within Lot 3. As discussed elsewhere in the DRAFT EIR (see Chapter 12), the containment features of the project devised for hazardous materials storage areas will prevent any potential contamination of either surface or groundwater. The Planning Commission June 10, 1996 Page 15 4. Development Agreement The proposed project could involve multi- faceted agreements between the City and the applicant. These agreements include hillside management ordinance considerations, timing of infrastructure improvements, environmental mitigation requirements for protection of sensitive habitat, shared responsibility over Caltrans modifications to the New Los Angeles Avenue /State Route 23 ramps, and land use issues related to uses, fees, and limitations on exactions for the commercial Lots, the structure of the owner's association for the four developable lots, and the allocation of responsibility for slope maintenance and repair on open space lots. To protect the interests of both parties, a Development Agreement needs to be prepared for this project. The preparation of this Agreement should occur prior to the final hearings for the project. Given Ahe applicant's interest in providing a Conservation Easement and Dedication of Development Rights over certain portions of the property, and further, given the requirement that such dedications be made to offset the biological impacts of the development, the City staff and consultant recommend any agreement be ratified prior to final action on the project. Such ratification also is required prior to approval because the project does not conform with the requirements of the City's recently adopted Hillside Management Ordinance (as discussed in Chapter 5 sections 5.2 and 5.3 of the Draft EIR). 5. Annexation to Waterworks District No. I The project is presently outside of the service boundary of Waterworks District No. 1 and an annexation will need to be processed to permit water and sewer service connections for the project. Based on preliminary discussions with the Waterworks District, there are no legal or physical constraints that would prevent annexation. 6. Annexation of a Portion of Lot 5 to the City of Moorpark As displayed on the Vesting Tentative Map (Attachment 1) , a portion of proposed Lot 5 (approximately 20 acres) is situated in the County of Ventura. No construction or development is proposed on the portion of this Lot outside of the City's jurisdiction. Assuming the project is approved, the applicant will process an annexation to the City once the DRAFT EIR is certified. The Vesting Tentative Map will need to be conditioned to require annexation prior to City Council approval of a Final Map. Phasing Plan After certification of the EIR and a decision on project entitlements, if approved, Phase 1 of the project would commence as permit compliance and final planning can be completed. Phase 1 of this project will involve the completion of the interchange improvements and expansion at the intersection Of Highway 23 and New Los Angeles i- ,venue. Phase 1 will also involve the grading of (1) Lot 2 (for commercial use) (2) the 30 acre Manufacturing Project 1 pad on Lot 3 and connecting access road and the construction of a The Planning Commission June 10, 1996 Page 16 portion of the access road and buildings associated with Manufacturing Project 1 on Lot 3. Phase 1 is expected to be completed nine to twelve months after the commencement of construction. Phase 2 of the project is expected to be completed in the year 2000 and will involve the fine grading and construction of the second, expansion manufacturing facility and related road extension. The time frame for the construction of the commercial project has yet to be determined. M. Existing and Surrounding Land Uses: Existing land use within the property is open space. Some grazing of cattle and horses has occurred on a portion of the property historically. Surrounding land uses are discussed in more detail in Chapter 5 (Land Use and Planning Considerations). Immediately surrounding land uses (w)ithin 1,000 feet of the proposed project) are summarized below: Land Uses: North: Residential /Equestrian Stable (across the Arroyo Simi) South: Open Space East: Open Space West: Open Space (across freeway) Buildings and Structures: (approximate distances from project site). North: 1000 feet South: 3 miles East: 2 miles West: 1/2 mile Distinctive Physical Features: North: Arroyo Simi, railroad tracks, flat land and residences South: open space /moderately sloping hillside terrain East: open space /moderately sloping hillside terrain ,lest: Route 23 Moorpark Freeway Vegetation: North: riparian woodland, chaparral South: cacti /yucca /pepper trees /chaparral East: cacti /yucca /oaks /pepper fees /chaparral ;est: chaparral, oak stands (across freeway) The Planning Commission June 10, 1996 Page 17 SECTION IV. ENVIRONMENTAL IMPACT REPORT ISSUES AND CONCERNS Summary of Siqnificant Project Specific and Cumulative Impacts The potentially significant impacts of the project have been discussed in detail in the individual chapters in the EIR and a narrative summary has been provided in Chapter 2 of the document which links each significant impact and the mitigation measures required to offset these impacts to acceptable levels. Chapter 3 of the EIR contains a summary of the entire document in table form. The significant primary environmental effects considered in the document included: (1) Geologic, Geotechnical and Seismic Hazards (2) Air Quality Impacts (3) Groundwater Supplies and Surface Water Quality Issues (4) Drainage, Hydrology, and Flood Control Planning (5) Biological Resource Effects (6) Noise Impacts (7) Fire Hazards and Risk of Upset Conditions (8) Population, Housing and Jobs:Housing Balance (9) Transportation and Circulation (10) Public Services and Private Utilities (11) Aesthetics, Visual Resources, and facility Design issues (12) Cultural Resource and Paleontological Impacts. The major obstacles to the implementation of the project are environmental constraints related to geologic conditions (described in Chapter 6 of the EIR) which include (1) the necessity to excavate and recompact very extensive areas within the property due to the presence of deep alluvial soils; (2) the requirement to perform considerable landslide stabilization and grading remediation in areas with unstable or potentially unstable soils underlying significant portions of Lot 3; (3) the need to complete expensive geologic remediation to complete an all weather geologically stable access road to link Lots 3 and 4; and (4) the requirement to fill a major canyon adjacent to the AYroyo Simi which has potential for liquefaction related slope failure. while such failure would, in the site plan currently being considered, only damage the proposed internal access road and some parking and landscaped areas, due to the absence of alternative routes of access to Lot 4 and its distance from the other lots within the proposed subdivision, it is likely that providing linkage between these two lots will ultimately be very expensive. The Planning Commission June 10, 1996 Page 18 Several additional constraints will require further engineering analysis of the property will be required to determine whether full development of all four lots is possible without very extensive infrastructure improvements. These constraints include a lack of refinement in present understanding of fire flow requirements; it is uncertain whether on -site fire flow storage will be required. If placed on the ridge (within Lot 5) above the proposed facility on Lot 3, providing for this storage has the potential to damage archaeological deposits, impact rare plant populations, disrupt view corridors, and diminish the significance of the proposed resource conservation area on Lot 5. Further complicating planning for the development of the project as proposed is the lack of dual access to Lot 4 and the failure to provide a safe, geologically stable, primary as well as secondary acce s to this Lot. At this time, no secondary access has been proposed for Lot 4' and the primary access could be damaged by a slope failure. This situation renders Lot 4 undevelopable under present conditions. Providing dual access will require infrastructure extensions and construction of a bridge over the Arroyo Simi. Development of adequate infrastructure, a bridge, and linking road work could cost more than 3.0 million dollars which may make the development of Lot 4 financially infeasible. Significant environmental resources within the project site which will be impacted by the project given the present configuration of the development include: (1) an archaeological deposit will be eliminated as a result of the required grading for the project; (2) significant habitat for special interest fauna (including three federal candidate bird species) will be eliminated; (3) the visual impacts of the project on several of the City's viewsheds will be significant. Impacted viewsheds include the New Los Angeles Avenue corridor, State Route 23, the Virginia Colony, and to a lesser extent, surrounding residential communities to the north; (4) the project has the potential to generate noise from various testing activities - -of particular concern is the potential for impact noise related to periodic planned or future testing of initiators or other products. Stringent mitigation measures are being required of the project to prevent any noise impact on the community; (5) the extensive grading program will require very substantial geologic remediation and careful planning to prevent diminishment of surface water quality flowing into the Arroyo Simi; and The Planning Commission June 10, 1996 Page 19 (6) substantial traffic mitigation planning will be necessary to offset the impacts of the project on traffic circulation. The applicant will fund a major improvement program at the State Route 23 /New Los Angeles Avenue interchange to accomodate future project related traffic. SECTION V. ALTERNATIVES ANALYSIS AND PROJECT REDESIGN CONSIDERATIONS Alternatives Analysis in the EIR The alternatives considered for the SDI project include: Alternative 1: No Project Alternative 2: Commercial Development on Lots 1 and 2 Only Alternative 3: Reduced Manufacturing Facility Size (150,000 square feet) Alternative 4: Deletion of Lot 4 and Use of Commercial Lot 2 for Manufacturing Facility Expansion (Revised Vesting Map and Modified Project Alternative) Alternative 5: Alternative Locations A brief summary of these alternatives (except alternative 5) is provided below. The No Project Alternative No Project Alternative 1• No Development of the Property The assumption that no development will occur at all within the property boundary is an unlikely outcome for the subject property. However, if no development occurs, then none of the anticipated impacts described in the EIR will occur as predicted. Impacts related to geologic hazards, mass grading, removal of vegetation, damage to one known cultural resource site, impacts to fauna, and all related resource effects would not occur since disturbances to the earth would not occur. In reality, no development of the property, given its proximity to the New Los Angeles Avenue /State Route 23 interchange, is only a short term outcome; because of the economic value of the property, which is enhanced by its location at the terminus of New Los Angeles Avenue and its proximity to a major freeway, the probability is high that investment will be made in the property to convert at least part of it to either commercial or industrial use in the near future. Therefore, the no development option is not considered a likely or even reasonable disposition of the property given its unique location along a major transportation route in the center of the City of Moorpark. The Planning Commission June 10, 1996 Page 20 No Project Alternative 2• No Amendment to Existing Designations and Buildout to Existing Land Use Designations Under existing Zoning and General Plan designations (OS -40 acre - -open space uses permitted with a residential density of 1 dwelling unit per 40 acres) and OS -2 (Open Space 2--1 dwelling unit per 40 acre minimum), the 285 acre property could be developed with approximately 7 residential units (theoretical maximum). The OS -2 General Plan designation is intended to define areas of permanent open space which function to preserve visual resources and natural areas, to buffer the community from surrounding developable acreage, and. to provide relief from the noise and crowding of urban development. A residential development outcome for this property is also considered very unlikely for a variety of reasons. First, the land is situated immediately adjacent to a major freeway and related interchang4 and the ambient noise levels on the property are very high. Second, the costs of infrastructure extensions, grading for road systems and other urban services for a minor residential subdivision could not economically be carried by this low intensity level of development unless the seven permitted lots and homes carried very high valuations. The configuration of any residential lots constructed on the property would need to be oriented to the southern and eastern ridgelines in order to maximize economic returns. These locations would, in turn, likely impact the ridgelines and associated rare plants and cultural resource sites which are, under the project as proposed, to be preserved. Third, due to the presence of difficult geologic conditions on the property, locating appropriate building sites that would not require expensive and intensive remediation is unlikely given the dispersion of geologic problems over the entire property. In summary, any residential building site would be very difficult and expensive to develop and the density permitted under the General Plan and Zoning designations would not carry the basic costs of development. Therefore, development of the property under present land use designations is unlikely to occur, appears to be economically infeasible, and could impact natural and cultural resources. Alternative 2: Buildout to Amended General Plan and Zoning Designations (Commercial Development only) If the SDI applications are not approved or are withdrawn, a likely alternative would be that the landowner would seek entitlements to develop freeway oriented commercial uses on Lots 1 and 2. Such a proposal is considered a likely outcome since: (1) Lot 1 has few significant geologic constraints and Lot 2, while in an area of deep alluvium, can be remediated at reasonable cost given its relatively small size; (2) commercial uses, particularly freeway oriented commercial "big box" type of retail outlets, are significant tax generators which will assist the City in maintaining a well supported, economically stable General Fund; (3) there is a demonstrated market for freeway commercial uses in the region (based on the amount of application activity on the part of major big box retailers in the Thousand Oaks - Calabasas- Agoura Hills corridor); (4) the existing land use designations (OS -2) on the entire property could reasonably be amended to The Planning Commission June 10, 1996 Page 21 provide intensive commercial use at the interchange while providing substantial resource protection (in what is proposed to be the Lot 3, 4, and 5 area of the present plan). This alternative provides reasonable beneficial use with minimal environmental impact and preservation of contiguous open space; very costly infrastructure extension requirements are not required; less extensive flood control and drainage infrastructure would be installed than with the combined commercial and manufacturing project proposed by the applicant; and water consumption would be less significant that the project as proposed - -other environmental benefits would accrue as well from a more limited modification of the existing General Plan and Zoning restrictions. Therefore, a likely alternative would be that the landowners would obtain a more limited modification of existing General Plan and Zoning designations to permit the development only of Lots 1 and 2 with freeway oriented commercial uses. However this alternative fails to meet any of the basic objectives of the applicant (Special Devices Incorporated) and therefore other alternatives must be examined. An existing approved business park use is proposed immediately adjacent to the proposed project (on the western side of State Route 23) and Lot 1, which is proposed to support about 133,000 square feet of commercial development, lacks the types of geological problems and environmental constraints typical of the Lot 3 and Lot 3 and 4 road connection area. Even if the development of the property is limited to the commercial portion only (Lots 1 and 2), it is likely some development of the property will occur within the next decade. The costs of infrastructure development for at least the commercial portion of the property would be very minor. Eventually, Lots 1 and 2 would likely develop with commercial uses even if no manufacturing is proposed on Lots 3 and 4. As infrastructure and geologic /geotechnical problems are solved, undoubtedly development of the remainder of the property (Lots 3 and 4) would occur consistent with or possibly more intense than the present land use designations requested by the applicant. Therefore, even with this Alternative, a minimum level of development consistent with modified General Plan and Zoning designations permitting at least commercial development is likely to occur in the future. This Alternative would not result in long term preservation of environmental resources and scenic values within the property. While superior to the project as proposed in the short term, this alternative does not provide planned or dedicated open space and would not, ultimately, serve to preserve the important attributes of the environment in the project b,oundary nor would this alternative result in any viable constraint on future development of the property with uses as intense or more intense than the project as proposed. The Planning Commission June 10, 1996 Page 22 Alternative 3: Reduced Manufacturing Facility (195,000 square feet) and Reduced Commercial Development (120,000 square feet) A reduction in environmental impacts can be achieved by diminishing the size of the proposed facilities to be developed by SDI. The initial discussions between SDI and the City of Moorpark contemplated development of a 150,000 square foot manufacturing facility. Over the year of site investigation and development that occurred between January 1995 and January 1996, the proposed size of the project requested by the applicant has increased. The original contemplated manufacturing square footage for the facility (noticed in the Notice of Preparation) was about 195,000 square feet (partitioned into two phases of development) to be distributed between Lots 3 and 4. Then, early in 1995, a modification was made to the ultimate size of the project in considering how to design the capacity of the New Los Angeles Avenue Interchange at State Route 23; ultimately, a long term buildout projection of about 300,000 square feet of manufacturing space was decided upon by the City, Caltrans, the applicant, and the EIR consultants as a reasonable long term maximum design square footage for manufacturing uses. Similarly, the original commercial use proposal for Lots 1 and 2 was about 120,000 square feet (for the purposes of Caltrans interchange design) and then in March of 1996, the applicant requested that the commercial entitlements be set at about 170,000 square feet. This square footage was studied in this EIR. While this additional square footage exceeded the traffic evaluation for the Caltrans ramps and the regional traffic evaluation for the project as proposed, the additional commercial square footage was determined to be absorbable within satisfactory levels of service (C or better) at the ramps and at intersections in the City (refer to Appendix 6 of the EIR for additional discussion and correspondence related to this concern). Therefore, since Moorpark City Council consideration of a General Plan Amendment and Rezone request by SDI in December of 1994, the size of the project proposed by the applicant has increased substantially. This set of modifications was prompted by several factors including the increasingly rapid growth of SDI, the demand for airbag initiators on the world (rather than regional or national market), and efforts to further consolidate SDI operations at a single location. Two economic considerations have also probably encouraged this centralization of facilities at the proposed Moorpark facility and the commensurate requested increase in facility size; one factor is the California labor market which is increasingly viable in comparison to other regions in the greater southwest (such as Arizona and New Mexico) where less restrictive industrial growth Policy has encouraged relocation of businesses to these areas. An indirect consequence of this relocation has been a more competitive labor market. California, however, with more restrictive industrial and manufacturing Policies, experiences more labor surpluses which stabilize (or even lower) wages and assures manufacturers of a more reliable, less transient labor force. A second factor relates to the capital intensive process of converting from manual labor to mechanical manufacturing and robotics. To convert from human to machine labor, investment costs in the short run are very high and The Planning Commission June 10, 1996 Page 23 the degree to which these costs can be spread over diverse operations (or can be shared by various divisions of a company) assists in the conversion process which ultimately makes products more competitive (and cost controlled) by minimizing human participation in manufacturing. The City could reject the applicant's request to (1) increase the originally proposed square footage of approvable manufacturing space from 150,000 to 300,000 and (2) to increase the square footage for commercial buildings from 120,000 to 170,000 square feet. Under this alternative, the project would be defined as a vesting tentative map with either three or four developable lots limited to 120,000 square feet of commercial development on Lots 1 and 2 and 190,000 square of industrial development on Lots 3 and 4 (or on Lot 3 only) . This alternative would represent about a 50,000 square foot reduction in commercial development and approximately a 136,000 reduction in manufacturing uses. There are two methods for accomplishing the objectives of this reduction from a site planning standpoint: one alternative contemplates less industrial development distributed over two lots (Lots 3 and 4) and the other option would be to expand Lot 3, delete Lot 4, and place parking, if necessary to support an expanded Lot 3 development, on adjacent Lot 2. The preferred environmental option would be to eliminate Lot 4 (placing this area into open space) and concentrate all manufacturing development on Lot 3 which could be expanded to provide ample square footage for all operations on one pad. This expansion could also occur by allocating commercial Lot 2 to parking for Lot 3 while retaining Lot 1 as a major commercial site for 120,000 square feet of development. A version of this concept which meets the 300,000 square foot applicant objective for manufacturing development is presented as Alternative 3 (section 20.6 of this chapter). Alternative 4: Industrial and Commercial square Footage Equivalent to the Proposed Project with Deletion of Lot 4 and Potential Use of Commercial Lot 2 for Manufacturing Facility Expansion (Environmentally Superior Alternative) As summarized in the introduction to the Alternatives analysis, the most significant obstacle to the implementation of the project as proposed at this time are environmental and geotechnical constraints related to geologic conditions, the need to complete expensive geologic remediation to complete an all weather geologically stable access road to link Lots 3 and 4 and the requirement to fill a major canyon adjacent to the Arroyo Simi which has considerable potential for liquefaction related slope failure. While such failure would, in the site plan currently being considered, only damage the proposed internal access road and some parking and landscaped areas, due to the absence of alternative routes of access to Lot 4 and its distance from the other lots within the proposed subdivision, it is likely that providing linkage between these two lots will ultimately be very expensive. In addition, since Lot 4 is relatively isolated from the remainder of the property and has no dual (let alone reliable primary) access, for the purposes of long term planning, this Lot may not be developable without infeasible levels of geotechnical remediation and infrastructure investment. The Planning Commission June 10, 1996 Page 24 The City's consulting engineering geologist and geotechnical engineer, Bing Yen and Associates, have reviewed the geotechnical report in detail and prepared a set of recommendations, criticisms, and suggestions. In response to this review, AGS prepared a detailed response and supplemental analysis (EIR Technical Appendix -- Memorandum /Report of February 16, 1996), An additional subsequent exchange of correspondence has occurred, as well, which is reflected in the record contained in Appendix 2 of the Draft EIR (AGS letter of March 14, 1996 and Bing Yen response of March 25). In the most recent correspondence, concern was expressed by Bing Yen regarding the stability of the road system between Lots 3 and 4 and the potential for damage to structures on Lot 3 as follows: "The reviewers acknowledge that the structural setbac)s from the fill slope at the mouth of Canyon 1 will most likely protect structures on the pad from damage due to seismically induced slope failure. However, the reviewers are concerned about the effects that a potential failure of the 100 + foot high fill slope will have on the adjacent property and building pad itself." In response, a structural setback for buildings for the area on Lot 3 subject to liquefaction and slope failure has been defined and the applicant has agreed to purchase adjacent properties that could potentially be damaged by downslope movement. SDI has also been informed of the potential for damage remediation along the road connecting Lots 3 and 4 and parking areas along the northern perimeter of the project and has acknowledged it will be their responsibility to repair any slope failures. The potential for slope failure and damage due to a reasonable design or scenario earthquake event remains a concern to the City's reviewing geologist and geotechnical engineer. This concern was articulated in the following way: "From a geotechnical standpoint, it is our recommendation that the proposed fill slope /access road and development of Lot 4 should not be approved by the City until one of the following three items is accomplished: (1) remedial mitigating measures are proposed that will preclude slope failure and loss of the access road during the design earthquake event; or (2) the area of the fill slope /access road to Lot 4 is redesigned to avoid the potentially liquefiable alluvium; or (3) a secondary access road to Lot 4 is designed." As a practical matter, none of these recommendations may be either technically or economically feasible. Designing and building a secondary access road to Lot 4 will require creating either a very long all weather access across properties to the south (an option that is expensive to construct and expensive to acquire easements to implement) or construction of a bridge over the Arroyo Simi. Given the shape and formation of the alluvium under the access road, unless alternate alignments are developed over and across Lot 5 (an area with rare plants, an archaeological deposit, and important view corridor value), option 2 may not be technically feasible. Implementing option 1 may also be so expensive to implement that it should be considered potentially economically infeasible at this time. For these reasons, as a The Planning Commission June 10, 1996 Page 25 buildable location, from the standpoint of geotechnical suitability, Lot 4 may not be able to be developed. The following alternative was designed to address this probable outcome, Description of the Alternative With this alternative, the commercial property designated as Lot 2 would be committed to parking and or manufacturing facility use. For this reason, the total square footage of commercial development that could be permitted would be restricted to about 133,000 square feet (which is still 10,000 square feet more than originally proposed at the time the application for a General Plan Amendment and zone change was submitted for processing to the City) . Lot 4 would be eliminated as a developable area since dual access may be prohibitively expensive and a safe, stable access road and infrastructure transmission line alignment to the site appears to be financially and technically infeasible to construct. The size and dimensions of Lots 2, 3, 4, and 5, would need to be adjusted to provide appropriate conservation easement areas and to achieve appropriate floor area ratios for net developable area. Lot 1 (the proposed freeway commercial site) would not be modified; this lot would still be proposed to support about 133,000 square feet of commercial development. Lot 3 would be expanded or modified to provide sufficient pad area to create a 330,000 square foot facility. There are essentially two ways to accomplish these objectives: (1) Lot 3 could be expanded to allow construction of all requested industrial square footage on this single Lot (which may require some adjustments to the location of buildings proposed for Phase I of the manufacturing program proposed by SDI to assure adequate space for development of remaining square footage or (2) Lot 2 could be used as an expansion area for manufacturing or parking. In addition, other improvements and modifications to the Tentative Map should be made including (1) deleting Lot 10 and converting the access road to an easement rather than fee interest, (2) deleting Lot 4 and combining Lots 4 and 5 into a single conservation easement area, (3) illustrating any dedications to Caltrans as Not A Part of the subdivision. Other recommended modifications and improvements to the Vesting Map that could be implemented under this alternative are summarized in Alternative 5 (Section 20.7) and Attachment 8 to this report. In summary, this alternative decreases impacts in all categories of significant environmental effect and in several other categories the alternative and the proposed project will result in comparable effects. From the standpoint of urban form, hillside protection, community planning, environmental protection, hazard reduction, and project density perception, this alternative is superior to the project as proposed. This alternative basically meets all of the applicant's objectives for manufacturing expansion and most of the applicants goals for commercial development (lot and development right sale to assist in defraying the costs of manufacturing facility development). The Planning Commission June 10, 1996 Page 26 Revised Vesting Map and Modified Project Alternative Based on the foregoing analysis of several alternatives to the project as proposed, the basic applicant objectives can probably be met without the creation of Lot 4. Just providing adequate infrastructure to Lot 4 (including a bridge over the Arroyo Simi) and hazard remediation along the access road may cost in excess of 3 million dollars. Therefore, as a practical matter, the achievement of the applicant's long term development objectives should be confined to the area included within Lots 1, 2, and 3, (as presently shown on the Vesting Tentative Map). Therefore, based on the foregoing analysis, the environmentally superior alternative was defined as a project with the following dimensions and attributes: (1) Building Square Footages and Configuration: The primary modification that this alternative would make in the site plan would be the deletion of Lot 4 and tthe creation of a consolidated, multi -level manufacturing plan on a combined Lot 2 and 3 property. The site design for the project could be modified to concentrate all developable square footage over areas on Lot 3 without deep alluvium (which is expensive to remediate) and areas without the potential for slope failure or liquefaction. This combination of facilities should be designed to place all primary manufacturing activities on Lot 3 necessary for full SDI development over the next 10 to 15 years (about 300,000 square feet). Subsoil conditions and building dimension constraints and other factors may require partitioning some uses from the main manufacturing area (e.g., a separate cafeteria and shipping and completed product storage area may be required and the hazardous materials storage areas and blending facilities would still need to be set back from manufacturing areas). (2) Lot 2 Development Options: Commercial /Office /Mixed Use Development on Lot 2: If all or nearly all manufacturing development can be accommodated on a reconfigured Lot 3, then Lot 2, which is currently proposed to be dedicated to commercial uses, could either be converted completely to parking for the facility on Lot 3 or the office functions proposed for Lot 3 could be placed on Lot 2 and the lot could be retained as a separate entity. If some functions need to be relocated from the primary manufacturing area on Lot 3, this relocation can provide opportunities. For example, the SDI offices could be placed in a separate office facility on Lot 2 (or on the Lot 2 area) which could include additional leasable office space (or even limited commercial on the lower floor below a multi -floor office building). In this way, for the costs of bridging the Arroyo Simi to Lot 4, an entire office facility with leasable space could be developed. The Planning Commission June 10, 1996 Page 27 (3) Permitted Commercial Development on Lot 1: The total allocation of commercial square footage for Lot 1 could be increased to the degree acceptable to the City. For the purposes of this analysis, the recommended square footage for Lot 1 would be about 133,000 (floor area ratio of .35) . This ratio could be somewhat increased in the entitlements without compromising good design, adequate parking, and landscaping. (4) Other Lot Reconfigurations: Lot 3 would still have an area of slope instability but no construction would be proposed in this slope area. No access road extension would be required across the unstable slope area. Construction of all basic improvements (including grading) would occur at this time rather than in two major phase . Lot 5 could be reconfigured slightly to increase pad area for Lot 3. Lot 10 should be deleted and access to revised Lots 1, 2, and 3 should be shown as an easement. (5) Lots Set Aside for Open Space and Conservation: Under this alternative, Lot 4 would be included in the conservation easement area proposed for Lot 5. Lots 4 and 5 would be combined into an open space preserve. The woodlands on Lot 4 would be designated as the oak woodland biological remediation area to compensate for the removal of significant habitat to be removed as part of Lot 1, 2, 3 construction. Discussion The alternative outlined above would meet the applicant's objectives without the development of Lot 4, an undertaking that appears to be difficult both financially and technically. This alternative would also result in impact reductions in all non - population dependent impacts (biology, cultural resources, etc.) and would represent a slight reduction over the square footage now requested by the applicant. This reduction, however, is limited to the more speculative parts of the SDI proposal (commercial facilities). The basic objectives of establishing an important entryway to the City with a potential mixed use building on the area included in Lot 2 and a major commercial facility on Lot 1 would still be accomplished. This alternative will require some analysis by the applicant to confirm the feasibility of placing about 330,000 square feet of facility on one expanded parcel. The recommended configuration of the environmentally superior alternative is illustrated in Attachment 6. In summary, this alternative decreases impacts in all categories of significant environmental effect and in several other categories the alternative and the proposed project will result in comparable effects. From the standpoint of urban form, hillside protection, community planning, environmental protection, hazard reduction, and project density perception, this alternative is superior to the project as proposed. This alternative basically meets all of the applicant's objectives for manufacturing expansion The Planning Commission June 10, 1996 Page 28 and nearly all of the applicant's goals for commercial development (lot and development right sale to assist in defraying the costs of manufacturing facility development). This alternative is environmentally superior to the project as proposed. SECTION VI. UNRESOLVED PLANNING ISSUES There are unresolved planning issues identified in the Draft EIR that will need to be addressed. Problems and potential solutions are presented below. Also, Planning and Engineering staff have recommended revisions to the Vesting Tentative Map and IPD Permit site plan and elevations (see Attachment 7), and the applicant will be submitting a revised Vesting Tentative Map and IPD Permit plans prior to the next scheduled Planning Commission hearing on July 1, 1996. Infrastructure Planning and commitments Problem: The infrastructure planning for the project needs to be completed to address flood control, on -site storm water retention and debris retention, the adequacy of proposed facilities to prevent flow or velocity increases downstream needs to be reviewed, the potential for reclaimed water use in the future should be evaluated, and the potential need for on -site water storage to satisfy fire flow demands for all four lots needs to be resolved. Solution: The applicant has obtained tentative infrastructure commitments from the County Waterworks District No. 1. The security and timing of these commitments need to be resolved. The question of whether the potential provision of reclaimed water to the site in the future is sufficiently possible, that the project infrastructure plans should be amended to require the installation of dual potable and reclaimed water in landscaped areas, needs to be resolved. The District should review the final infrastructure plans for the project and some form of short term contractual commitment should be made between the applicant and the District prior to final City action. Further, the flood control planning for the project needs to be finalized and a determination needs to be made by County Flood Control regarding the acceptability of the proposed flood control facility plan for the project. The sufficiency of the potential on -site retention facilities needs to be verified mathematically and an appropriate hydrological analysis needs to be completed. Finally, the sufficiency of the water supply system to meet fire flow requirements needs to be evaluated and a determination needs to be made if an on -site water storage system, which would need to be situated on Lot 5, will be required to serve anticipated commercial uses (such as a hotel) . The Planning Commission June 10, 1996 Page 29 Right -of -Way Requirements and Caltrans Conditions on State Route 23 Modifications Problem: The preliminary plans for state Route 23 modifications are in the process of review and approval. Caltrans needs to review and comment upon the proposed landscape plan and entry monumentation program. Solution: The applicant should complete the preliminary landscape entrance schematic and submit the plans for review and comment to Caltrans. The need for additional right -of -way acquisition and slope or bank protection should be resolved. Any changes in right -of -way that may modify the lot configuration on the Vesting Map should be resolved. A modification to landscaping restrictions should be pursued with Caltrans if the landscape plan does not provide suitable entry monumentation, street tree treatment, and other amenities. = Restrictions and Permitted Uses Within Conservation Easement Areas Need to be Defined Problem: The proposed conservation easement terms and conditions need to be defined relative to Lot 5, the open space lot with the most resource significance (including an extensive archaeological deposit and concentrations of rare plants). Depending on the outcome of remaining civil engineering infrastructure studies, slope easements, utility easements, and a potential water reservoir site may need to be reserved out of Lot 5. This issue needs to be resolved prior to certification of the EIR. Solution: Once the engineering issues are resolved, an exhibit needs to be prepared indicating what areas within the proposed conservation easement need to be reserved for utility lines, water storage, and slope easements. A Development Agreement Needs to be Prepared for this Project Problem: The proposed project could involve multi - faceted agreements between the City and the applicant. These agreements include hillside management ordinance considerations, timing of infrastructure improvements, environmental mitigation requirements for rare and endangered species, shared responsibility oyer Caltrans modifications to the New Los Angeles Avenue ramps, land use issues related to uses, fees, and exactions for the commercial lots, and the structure of the owner's association for the four developable lots and the allocation of responsibility for slope maintenance and repair on open space lots. Solution: To protect the interests of both parties, a Development Agreement is recommended for this project. The preparation of an Agreement should occur prior to the final hearings for the project. Given the applicant's interest in providing a Conservation Easement and Dedication of Development Rights over certain portions of the property, the consultant recommends any agreement be The Planning Commission June 10, 1996 Page 30 ratified prior to final action on the project. The Agreement should also specifically address potential inconsistencies with the adopted Hillside Management Ordinance. Without such an agreement, the Hillside Ordinance restrictions would apply to the project. Required Annexations Should be Completed Problem: The project will need to be annexed to Water Works District No. 1. In addition, a small portion of Lot 5 (within the applicant proposed Conservation Easement area) will need to be annexed to the City. At this time, no improvements or infrastructure developments are being requested by the applicant for the portion of Lot 5 situated within the County. The disposition of this unincorporated area should be resolved prior to Final Map approval. solution: The applicant is processing the annexation to Water Works District No. 1. Prior to Final Map approval and after certification of the EIR, this annexation needs to be processed. Based on available information, this annexation is feasible and will be supported by the District. A LAFCO reorganization will also need to be processed for a portion of Lot 5. The Vesting Tentative Map should be conditioned to require annexation of the unincorporated portion of Lot 5 prior to Final Map approval, and the Development Agreement should also address the timing and requirement for annexation prior to Final Map approval. Federal and State Consultations for Sensitive Habitat, Rare and Endangered Species, and Riparian Restoration Problem: The effects of the proposed project on sensitive habitat, riparian habitats, and special interest species (such as the Cactus Wren) will be significant. Impacts on riparian areas and other special interest vegetation will also occur. The mitigation measures in the EIR will partially offset these impacts. However, consultations will be required to obtain permits from Trustee Agencies. Whether the mitigation plans proposed by the consultant are sufficient to complete permit consultations with these agencies have yet to be resolved. Solution: The Draft EIR will be circulated to the pertinent Trustee Agencies and field conferences will be held by the consultant (with the applicant and City staff present) to determine whether the mitigation measures proposed will satisfy permitting agencies. Some modifications to the provisions for unmodified open space within the project boundary may be required to satisfy these agencies. The Planning Commission June 10, 1996 Page 31 Road Standards, Hillside Performance Standard Conformance, and Design Modifications Problem: As presently designed, the project was conceived without reference to the Hillside Development Standards which have been adopted by the City. Applying these standards to the project to the degree feasible would render the development more consistent with the basic roadway, streetscape, bicycle circulation, landscaping, and grading requirements that the City has determined will result in optimal hillside development. Solution: To minimize any inconsistency with this Ordinance and the General Plan, the applicant's engineers should modify the project to comply, to the degree feasible, with the performance standards in the Ordinance. The Ordinance does set forth a procedure for permitting nL- complying developments to receive entitlements. This process involves the creation of a Development Agreement which assures implementation of offsets or mitigation measures which rationalize non - compliance with all aspects of the Ordinance. To minimize conflicts with the Ordinance, a Development Agreement is recommended to be prepared for this project. Industrial Planning Development Permit Design Modifications Problem: As identified in Attachment 8, the staff is working with the applicant to finalize the IPD Permit application and resolve design issues. Staff is concerned that the facility as presently designed is in conflict with Hillside Ordinance Standards that require integration of a structure with the landform upon which it is constructed. Solution: Site planning techniques listed in the Hillside Grading Ordinance that are designed to ensure integration of structures and hillside settings include: roof planes shall vary rather than be angled in one direction and building colors shall emphasize blending with the surrounding natural terrain. Although the proposed project can be exempted from the Hillside Grading Ordinance through approval of a Development Agreement, the project should be designed to comply with the objectives of the Ordinance. Staff will continue to work with the applicant to achieve more effective building- landform integration. The Planning Commission June 10, 1996 Page 32 SECTION VI. GENERAL PLAN CONSISTENCY A review of the consistency of this project with the General Plan is provided in the Draft EIR (Section 5.5, pages 5 -9 through 5 -31). SECTION VII. FINDINGS Staff will prepare a subsequent report for the July 1, 1996, continued public hearing that addresses required CEQA, Subdivision Map Act, and IPD Permit findings. SECTION VIII. CONDITIONS OF APPROVAL Staff will prepare draft conditions of approval for the July 1, 1996, continued public hearing. Staff Report Attachments 1. Vesting Map and IPD Exhibit Reductions 2. Vesting Tentative Map (2 sheets) 3. Preliminary Site Plan 4. Building Elevations 5. Conceptual Landscape Plan and typical Sections (3 sheets) 6. Preliminary Grading Plan 7. IPD Permit Submittal: Supplementary Data 8. Planning Staff Recommendations Regarding Project Modifications 148 3 -4 -92 154 11 -4 -92 155 167 6 -2 -93 T 0 h h g Qq � o 0 0 v� `b a 1 WE KAN 9 =41- PROPOSED MOORPARK FACLITY FOR Special Devices, Incorporated A OMOPLVfr OF BALL PROPERTIES "u ZZ, A=T . MOL4 MV OM SOM BAT OWNIEERING COMPANY TW AAIfI DEAN GROW. LANDSCAPE ARCWTECr8 VICWTY MAP PHASE I as t SM, BLXMA LANDSCAPE STATMITICS, PARCEL 2 ARK PARCEL dA'O'SS�ARP PAD AREA RO-LING CATE HANDICAPPED STALL V" PL 'L' GATE V1V,.V.;Z6-k PARKING t 't t," 1 kL —1,A7L LLLA7-'I s' CONCRETE CVRB 0 LANQSCAPE� LAM�,NG LOT STRIPES