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AGENDA REPORT 1998 1216 CC REG ITEM 09B
AGENDA REPORT CITY OF MOORPARK TO: The Honorable City Council ITEM CITY Or m(ioRrmRT{, CALTFORM of ACT-?-)'-- CD�i%�/1NCd TD 3-3' !9 L� 1•'ri1 �O U b (�'G h L� N l� i ✓i [1 019 r1 _ a D;Af. 4n5F R DG FROM: Nelson Miller, Director of Community Developme jt ?\ Prepared by Paul Porter, Principal Planner DATE: December 4, 1998 (CC meeting of December 16, 1998) SUBJECT: CONSIDER REQUEST ON THE APPLICATION OF PACIFIC COMMUNITIES TO APPROVE: 1) GENERAL PLAN AMENDMENT NO. 96 -1 FOR A CHANGE IN THE LAND USE DESIGNATION OF THE LAND USE ELEMENT OF THE GENERAL PLAN FROM HIGH (H) (HIGH DENSITY RESIDENTIAL 7 DU /ACRE MAXIMUM) AND VERY HIGH (VH) (15DU /ACRE MAXIMUM) TO HIGH DENSITY RESIDENTIAL (H); 2) VESTING TENTATIVE TRACT MAP NO 5053 FOR 303 NUMBERED AND 6 LETTERED LOTS; 3) RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 96 -1 FOR 303 RESIDENTIAL UNITS; 4) DEVELOPMENT AGREEMENT NO. 98 -2; AND 5) ZONE CHANGE NO. 96 -2 FOR A CHANGE IN THE ZONING DESIGNATION ON THE PROPERTY FROM RPD 13 and RPD 5.3 (RESIDENTIAL PLANNED DEVELOPMENT PERMIT) 13 AND 5.3 UNITS PER ACRE RESPECTIVELY TO RPD 8.7, ON 35.23 ACRES ON THE SOUTH SIDE OF LOS ANGELES AVENUE IN THE VICINITY OF MAUREEN LANE AND GOLDMAN AVENUE (ASSESSOR PARCEL NOS.: 506 -0 -03 -135, 145, 155, 165 AND 185) (Public hearing open) BACKGROUND: On December 2, 1998, the City Council opened the public hearing on this item and continued the public hearing to December 16, 1998. At the hearing on December 2, the Council had questions regarding: a) interface of the proposed project in relation to the existing residences along Maureen Lane, b) the location of the school bus turn -out along Los Angeles Avenue, c) adequacy of parking in the area of the recreation center, d) the size and amenities of the recreational areas, and e) a report on the logistics of the traffic signals at Maureen Lane and Shasta Avenue will be addressed by the City Engineer under a separate agenda item. 000004 City Council Staff Report December 16, 1998 Page No. 2 DISCUSSION: Attachment 5 is the Staff Report for the City Council meeting of December 2, 1998. This report included a brief overview of the proposed project and Development Agreement along with the project exhibits and Planning Commission Report which contains further discussion of project issues. The following responses to the questions asked by the City Council at the meeting of December 2, 1998, are offered: A. INTERFACE OF THE PROPOSED PROJECT IN RELATION TO THE EXISTING RESIDENCES ALONG MAUREEN LANE A majority of the residential units adjacent to Maureen Lane are either Plan 14 or 15, both of which have back yards that abut the rear yards of Maureen Lane residences. Plan No. 14 has no windows on the second floor on the rear elevation. Plan No. 15 has three windows located on the second floor, two of which are bathroom windows and the third window is a bedroom window. The rear yard setback of the proposed residences from the proposed property line will range from a minimum of 15 feet to approximately 30 feet and will include an 8 foot high block wall measured from the highest side to be located along the westerly property line of the project. In addition to the minimum 15 foot buffer, the developer has offered to grant 5 feet of the subject property to the property owners along Maureen Lane, increasing the minimum buffer to 20 feet from the rear of the proposed residential structures. Within the 15 foot buffer located on the east side of the project 8 foot wall, the developer has been conditioned to provide dense landscaping, including Brisbane Box trees to further buffer the Maureen Lane homes and proposed residences from each other. The following conditions of approval serve to provide assurance that there is an adequate interface between the properties to the west and the proposed development: • A perimeter, and privacy fencing plan (complete with related landscaping details) identifying the materials to be used and proposed wall heights and locations shall be submitted to and approved by the Director of Community Development. The approved 000005 City Council Staff Report December 16, 1998 Page No. 3 fencing and wall plan shall be incorporated into the CC &R's. All fencing along lot boundaries shall be in place prior to occupancy. The proposed 8 foot high screen wall fence along the western property boundary adjacent to Maureen Lane shall be completed in its entirety prior to occupancy of any unit and as a minimum shall be constructed of decorative block or other materials as approved. • The Homeowners' Association may modify the CC &R's only to the extent that they do not conflict with the terms of approval of the Tentative Map. Further, the Homeowners' Association shall enforce the CC &R's. • Prior to Final Map approval, a ten foot permanent landscaping easement shall be designated on the map along the western property line of the proposed project to act as a buffer for adjacent development along Maureen Lane. The easement shall include restrictions to require that this area be used exclusively for landscaping. A maximum of 5 feet of this buffer area may be transferred in ownership through the Lot line Adjustment procedure to adjacent individual owners of lots which have frontage on Maureen Lane. The five (5) foot buffer area which remains within the lot line of RPD 96 -1 will be landscaped with trees and will be maintained by the Homeowners Association. B. LOCATION OF THE SCHOOL BUS TURNOUT ALONG LOS ANGELES AVENUE There was concern by the Planning Commission as to the safest location of a proposed school bus turn -out. As a result, the applicant consulted with the Moorpark Unified School District who indicated their desire to have the bus turnout located at Shasta and Los Angeles Avenue. The school district states that although Los Angeles Avenue is heavily used by vehicular traffic, the District's transportation Department, in conjunction with the California Highway Patrol, have determined that this is the safest location for a bus turnout. A bus turnout already exists just east of the intersection of Moorpark Avenue and Los Angeles Avenues and the school district has not encountered problems with that location. It is highly visible by pedestrian and vehicular traffic. By placing bus turnouts off of a main street or highway, it provides safer ingress for the buses and therefore protects the student passengers. 00GO06 City Council Staff Report December 16, 1998 Page No. 4 C. AVAILABILITY OF PARKING IN THE AREA OF THE RECREATION CENTER The Planning Commission suggested that approximately four (4) off - street parking spaces be provided at the main recreational area. The applicant submitted an exhibit for Commission review which incorporated on -site parking as suggested. The design of this parking area adheres to City standards, however, it removed valuable recreation area. Although pedestrian access from various locations within this project to the main recreation facility is not ideal, the distance from the farthest residence is approximately 1/3 of a mile. Parking on at least a restricted basis for loading and handicapped access should be provided. The lack of parking will encourage residents to walk or bicycle to the facility which is a reasonable solution based upon the maximum distance of 1/3 mile to the most distant residence in this proposed project. If parking is provided, it should be restricted to loading and handicapped and be arranged in a parking bay parallel to the main roadway (North Street). D. SIZE AND AMENITIES OF THE RECREATIONAL AREAS As a result of Planning Commission's concern relative to recreational facilities, the applicant provided a second recreation area consisting of a tot lot approximately 6,000 square feet in size. The type of equipment proposed will be items such as a swing, slide, climber and sandbox. The final type of equipment to be used will be determined at the time construction drawings are reviewed by the City. In order to accommodate the additional recreation area, the applicant deleted two units at the southwest corner of the project adjacent to the south loop street. In addition, the size of the pool at the main recreation area was increased in size from 25' x 60' to 40' x 751. Previous discussion by the Planning Commission on the recreation and open space issue has related to the adequacy of the facilities, primarily the size of the swimming pool to serve 305 dwelling units (303 dwelling units after tot lot was included) which will result in approximately 1,000 residents based upon the average household size in the City. In an effort to address this issue, staff reviewed the standards 000007 City Council Staff Report December 16, 1998 Page No. 5 published by the National Parks and Recreation Association and have referenced their publication titled Park and Open Space Standards (1983). The referenced publication includes standards for swimming pools to be placed in public parks and similar public use settings. The standards call for facilities that serve 3 -5% of the population which for this project is 50 persons (5% X 1,000) with 27 square feet of pool surface area for each user (50 X 27) resulting in a water surface area of 1,350 square feet. Applicant has proposed a pool 40' by 75' in size, which is equal to 3,000 square feet of water surface area. Standards for tot lots were also reviewed in this publication, which recommends that .25 to .50 acre of land per 1,000 persons be established. Applicant has proposed that approximately 6,000 square feet or .14 of an acre be designated for the tot lot, which may be adequate considering the close proximity to Arroyo Vista Community Park and Villa Campensina Park. In comparison, Tract 3963 (Griffin Homes), which is a single family residential project has 484 homes and is generally located north and northwest of Moorpark College. This project has three recreational areas. One of the recreational areas contains a tot lot. The second and third contains a recreational building, pool, spa, tot lot, recreational court, and picnic tables. E. LOGISTICS OF TRAFFIC SIGNALS AT MAUREEN LANE AND SHASTA AVENUE Refer to report by City Engineer as separate item on this agenda. F. DEVELOPMENT AGREEMENT At the City Council meeting on October 21, 1998, the Council directed staff to schedule the Development Agreement for consideration by the Planning Commission at a public hearing on November 9, 1998. The Planning Commission held a public hearing on the Development Agreement on November 9, but continued the hearing to November 23, due to a 2 -2 split vote regarding its recommendation. A separate report will be provided with Planning Commission recommendations from the meeting of November 23, 1998. The Developer has agreed to provide eleven homes for sale to very low income buyers, thirty -five homes for sale to low income buyers, and one hundred homes for sale to moderate income buyers. Section 6 of the Development Agreement specifies the Affordable Housing 000008 City Council Staff Report December 16, 1998 Page No. 6 provisions and other Developer Agreement items such as financial contributions to the City. Section 6.19 specifies that an Affordable Housing Implementation and Resale Restriction Plan further delineating the affordable housing provisions shall be approved by the City prior to approval of the Final Tract Map. The provisions concerning contributions to infrastructure and services is of great significance since these provisions are intended to offset any potential net fiscal impact upon the public facilities and services that may result from this project. Section 7 specifies the City agreements. Other sections are general provisions similar to those included in the Development Agreement for Hidden Creek Ranch (Specific Plan No. 8). The Council received a memorandum from Councilmember Evans on the December 2, 1998 Council meeting. Councilmember Evans indicated he had met with representatives from Pacific Communities, and as a result, he is recommending the Council the following two revisions to the proposed Development Agreement: • The first requested revision would be an addition to Section 6.6 of the Development Agreement. This proposed addition would escalate payment of the project's Citywide Traffic Fee, if necessary to help fund the proposed underground rail crossing west of Gabbert Road. • The second proposed revision would be to Section 6.12 of the Development Agreement and provides funding to help expedite design and Caltrans approval of widening Los Angeles Avenue between Moorpark Avenue and Spring Road. G. CONDITION FOR CROSSING GUARD A condition of approval has been added to both the Tentative Tract Map (Condition 11A) and the Residential Planned Development Permit (Condition 47A) requiring the applicant to pay an amount to cover the costs associated with a crossing guard for five years at the then current rate when paid, plus the pro -rata cost of direct supervision for one crossing guard location and staff's administrative costs (calculated at fifteen percent of the above costs). The fee is to be paid prior to the first occupancy. Recommendations: 1. Accept public testimony and close the public hearing. U00009 City Council Staff Report December 16, 1998 Page No. 7 2. Review, consider, and approve the Mitigated Negative Declaration and Mitigation Monitoring Program. 3. Adopt Resolution No. 98- ,approving General Plan Amendment No. 96 -1 (Pacific Communities) and General Plan Amendment No. 97 -2 (A -B Properties) and Southern California Edison Company). 4. Introduce Ordinance No. approving Zone Change No. 96 -2 for first reading. 5. Introduce Ordinance No. approving the Development Agreement between the City and Pacific Communities for first reading. 6. Adopt Resolution No. 98- , approving Residential Planned Development No. 96 -1 and Vesting Tentative Tract Map No. 5053 Attachments: 1. Draft Resolution approving General Plan Amendment 2. Draft Ordinance approving Zone Change No. 96 -2 3. Draft Ordinance approving Development Agreement No. 98 -2 between the City and Pacific Communities 4. Draft Resolution approving Residential Planned Development Permit No. 96 -1 and Vesting Tentative Tract Map No. 5053 5. City Council Staff Report dated 12/2/98 6. General Plan Map 7. Zoning Map B. Planning Commission Staff Reports Dated April June8,1998, Mitigated Negative Declaration /Initial Mitigation Monitoring Program. 9. Project Exhibits 13, and Study and 000010 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENTS AS FOLLOWS: A) GENERAL PLAN AMENDMENT NO. 96 -1 FOR A CHANGE IN THE LAND USE DESIGNATION OF THE GENERAL PLAN FROM HIGH (H) DENSITY RESIDENTIAL, 7 DU /ACRE MAXIMUM, AND VERY HIGH (VH), 15DU /ACRE MAXIMUM, TO HIGH DENSITY RESIDENTIAL (H) ON APPROXIMATELY 35.23 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF LOS ANGELES AVENUE, OPPOSITE SHASTA AND GOLDMAN AVENUES (APN. 506 -0 -03 -135, 145, 155, 165 AND 185) ON THE APPLICATION OF PACIFIC COMMUNITIES; AND GENERAL PLAN AMENDMENT NO. 97 -2 FOR A CHANGE IN THE LAND USE DESIGNATION OF THE GENERAL PLAN FROM AGRICULTURAL (AG -1) 1DU. /10 -40 ACRES TO MEDIUM INDUSTRIAL (I -2)ON APPROXIMATELY 43 ACRES OF UNDEVELOPED LAND WEST OF GABBERT ROAD, NORTH OF THE SOUTHERN PACIFIC RAILROAD (APN. 500- 0 -34 -22 AND -23) ON THE APPLICATION OF A -B PROPERTIES AND SOUTHERN CALIFORNIA EDISON COMPANY) WHEREAS, at a duly noticed public hearing held on December 2, and continued to December 16 1998, the City Council considered the application filed by Pacific Communities for approval of General Plan Amendment No. 96 -1 for a change in Designation of the Land Use Element of the General Plan from High (H) Density Residential 7 DU /Acre maximum, and Very High (VH), 15DU /Acre Maximum, to High Density Residential (H); and WHEREAS, the City Council opened General Plan Amendment 96 -1 on December testimony from those wishing to testify hearing on December 16, 1998; and ATTACHMENT 1 the public 2, 1998 to and closed hearing for take public the public +AOCU11 City Council Resolution General Plan Amendment Nos. 96 -2 and 97 -2 Page No. 2 WHEREAS, at a duly noticed public hearing on September 2, 1998 and continued to September 16, October 21, November 18, and December 2, 1998 the City Council considered the application filed by A -B Properties and Southern California Edison Company for approval of General Plan Amendment No. 97 -2 for a change in the Land Use Designation of the General Plan from Agricultural (AG -1) ldu /10 -40 acres, to Medium Industrial (I -2); and WHEREAS, the City Council opened the public hearing for General Plan Amendment No. 97 -2 on September 2, 1998, took testimony from all those wishing to testify, and on December 2, 1998 closed the public hearing; and WHEREAS, the City Council, after review and consideration of the information contained in the staff reports and testimony for General Plan Amendment Nos. 96 -1 and 97 -2, has made a decision in these matters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council determines that the Mitigated Negative Declaration/ Initial Study prepared for the General Plan Amendment No. 96 -1 and the Negative Declaration prepared for General Plan Amendment No. 97 -2 is complete, has been prepared in compliance with CEQA, and City policy, and the contents in the Mitigated Negative Declaration /Initial Study have been considered in the various decisions on the proposed General Plan Amendments. SECTION 2. In order to reduce the potential for adverse impacts, mitigation measures discussed in the Mitigation Monitoring Program for General Plan Amendment No. 96 -1 have been imposed as conditions of project approval. SECTION 3. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding General Plan Amendment 96 -1. 00ouz City Council Resolution General Plan Amendment Nos. 96 -2 and 97 -2 Page No. 3 SECTION 4. The City Council adopts: a) the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for General Plan Amendment 96 -1 and b) the Negative Declaration for General Plan Amendment 97 -2. SECTION 5. The City Council determined that the impacts for the proposed General Plan Amendment No. 96 -1 and 97 -2 would not have a significant adverse effect on the environment. SECTION 6. The City Council hereby approves a change in Land Use Designation for General Plan Amendment 96 -1 to High Density Residential (H), 7 du /ac maximum, on 35.23 acres located on the south side of Los Angeles Avenue, opposite Shasta and Goldman Avenues (APN. 506 -0 -035, 145, 155, 165 and 185). SECTION 7. The City Council hereby approves a change in Land Use Designation for General Plan Amendment No. 97 -2 to Medium Industrial (I -2), with the exception of the area west of the Gabbert Flood Control Channel and an area 120 foot wide located generally along the northerly boundary and 100 feet wide along the east edge of the easements for the Gabbert Flood Control Channel designated as a future transportation corridor which shall remain Agricultural (AG -1) . PASSED AND ADOPTED THIS DAY OF DECEMBER, 1998. ATTEST: Deborah S. Traffenstedt City Clerk Exhibits: 1. General Plan Amendment 96 -2 2. General Plan Amendment 97 -2 Patrick Hunter, Mayor 60601,3 t t t i t a A LOS ANGELES AVENUE GENERAL PLAN AMENDMENT 96 -2 EXHIBIT 1 DEEDED UT OT T�`ELc0 000014 , RH � _---��--_--_ -� - -`-- - I o- Mm= LOS ANGELES AVE a Mk LL lion I'm GENERAL PLAN AMENDMENT 97-2 EXHIBIT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO.96 -2 TO CHANGE THE ZONING DESIGNATION ON UNDEVELOPED LAND LOCATED ON THE SOUTH SIDE OF LOS ANGELES AVENUE, OPPOSITE SHASTA AND GOLDMAN AVENUES (APN. 506 -0 -03 -135, 145, 155, 165 AND 185) FROM RESIDENTIAL PLANNED DEVELOPMENT (RPD) 13 AND 5.3 UNITS PER ACRE TO RPD 8.7 UNITS PER ACRE ON THE APPLICATION OF PACIFIC COMMUNITIES WHEREAS, at a duly noticed public hearing on December 2, 1998, which was continued to December 16, 1998 the City Council considered the application filed by Pacific Communities for approval of Zone Change No. 96 -2 for a change in the zoning designation on the property from Residential Planned Development (RPD) 13 and 5.3 units per acre to RPD 8.7 units per acre; and WHEREAS, at its meeting of December 2 and 16, 1998, the City Council opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing on December 16, 1998; and WHEREAS, the City Council, after review and consideration of the information contained in the staff reports dated December 2 and 16, 1998, and testimony, has made a decision in the matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council determines the Mitigated Negative Declaration /Initial Study for the Zone Change is complete, has been prepared in compliance in CEQA and City policy, and the contents in the Mitigated Negative Declaration /Initial Study have been considered in the decisions on the proposed Zone Change. SECTION 2. In order to reduce the potential for adverse impacts, mitigation measures discussed in the Mitigation Monitoring Program have been imposed as conditions of project approval. SECTION 3. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding the proposed Zone Change. ATTACHMENT 2 ( -UG01G ordinance for Zone Change No. 96 -2 Page No. 2 SECTION 4. The City Council adopts the Mitigated Negative Declaration and Mitigation Monitoring Program. SECTION 5. The City Council determined that the impacts for the proposed Zone Change would not have a significant adverse effect on the environment. SECTION 6. The City Council hereby finds that the proposed Zone Change will be in conformance with the City's General Plan with the adoption of a Resolution approving General Plan Amendment 96 -1 and City Municipal Code, including Title 17, Zoning. SECTION 7. The City Council hereby finds that approval of this Zone Change request is in accord with public necessity, convenience, general welfare, and good zoning practice and that for those reasons it is appropriate to reclassify the property to RPD 8.7 as it would provide a suitable location for single- family residential dwellings. SECTION 8. The City Council hereby approves Zone Change No. 96 -2 changing the zoning designation on the property from RPD 13 and 5.3 units per acre to RPD 8.7 units per acre. SECTION 9. The City Council hereby directs staff to amend the City Zoning Map to reflect the approved Zone Change consistent with attached Exhibit "A ". SECTION 10. This Ordinance shall not become effective until the date that the ordinance adopting a Development Agreement between the City and the Developer shall become effective. SECTION 11. That if any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 12. This Ordinance shall become effective thirty (30) days after its passage and adoption. 000017 Ordinance for Zone Change No. 96 -2 Page No. 3 SECTION 13. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star, a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this day of , 1998. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk Attachment: Exhibit A 000018 LUS ANGELES AVENUE 7VE EST VE RPD 5.3u AND RPD 13U I TO RPD 8.7u z w w cr D < > DEEb �UT E :�--NOT ED 7!Rj4VELD a cr 34 vi �rGR ETT-A-7, -r — — — — — — — — - - : A 77-7--' --------------------- ZONE CHANGE 96-2 ir EXHIBIT A I -Wools ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND PACIFIC COMMUNITIES WHEREAS, at a duly noticed public hearing on December 2 and 16 1998, the City Council considered the application filed by Pacific Communities for the following projects on land located on the south side of Los Angeles Avenue, opposite Shasta and Goldman Avenues, (Assessor Parcel Nos. 506 -0 -03 -135, 145, 155, 165 and 185): General Plan Amendment No. 96 -1 - for a change in the Land Use Designation of the Land Use Element of the General Plan from High (H) Density Residential, 7 DU /Acre maximum and Very High (VH), 15DU /Acre Maximum, to High Density Residential (H). Zone Change No. 96 -2 - for a change in the zoning designation on the property from Residential Planned Development (RPD) 13u and 5.3u to RPD 8.7u. Vesting Tentative Tract Map No. 5053 - for a subdivision of an existing 35.23 gross acres into 303 numbered lots and 6 lettered lots. Residential Planned Development Permit No. 96 -1 - for approval of a Residential Planned Development Permit consisting of 303 residential dwelling units. Development Agreement No. 98 -2 - The Development Agreement provides a provision for the Developer to provide eleven homes for sale to very low income buyers, thirty -five homes for sale to low income buyers, and one hundred homes for sale to moderate income buyers. The Development Agreement also specifies the Affordable Housing provisions and other Developer Agreement items such as financial contributions to the City; and WHEREAS, The City Council on December 16, 1998 determined that since the proposed Development Agreement relates to and would provide for financing and construction of various improvements and facilities relating to the project area, the potential environmental impacts relating to this project have already been addressed by the Mitigated Negative Declaration, Initial Study and Mitigation Monitoring Program prepared for General Plan Amendment 96 -1, Zone Change 96 -2, Vesting Tentative Tract Map 5053 and Residential Planned Development Permit No. 96 -1. ATTACHMENT 3 000020 Ordinance for Development Agreement 98 -2 Page No. 2 NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Findings: (1) Government Code Section 65864 of the State Planning and Zoning Law provides that cities may enter into development agreements with persons having equitable interest in real property for development of that property. (2) The owner of the property covered by General Plan Amendment No. 96 -1, Zone Change No. 96 -2, Vesting Tentative Tract Map No. 5053, and Residential Planned Development Permit No. 96 -1 have applied to the City of Moorpark to seek a Development Agreement between the City and said owner pursuant to Chapter 15.40 of the Moorpark Municipal Code. (3) The Planning Commission of the City of Moorpark at a duly noticed public hearing on November 16, 1998 reviewed the Development Agreement at the request of the City Council, and has made recommendations in Resolution PC -98 -361 to the City Council pertaining to the approval of the Development Agreement. (4) The City Council has received Planning Commission Resolution PC -98 -361 and has considered the Planning Commission evaluation and recommendations for approval of the Development Agreement between the City and Pacific Communities. (5) A duly noticed public hearing was conducted by the City Council on December 2 and 16, 1998 to consider the Development Agreements and to accept public testimony related thereto. (6) The City Council has considered all points of public testimony relevant to the Development Agreement and has given careful consideration to the content of the Development Agreement. (7) The Development Agreement is consistent with the General Plan. (8) The Development Agreement addresses the period of development, public facilities and infrastructure development and financing for these improvements and sets forth reasonable mitigation fees to defer the cost of development to minimize impacts to the City. 1J0U021 Ordinance for Development Agreement 98 -2 Page No. 3 (10) The City Council has determined that since the proposed Development Agreement relates to and would provide for financing and construction of various improvements and facilities relating to the project area and affordable housing to families of low - moderate income, the potential environmental impacts relating to this project have already been addressed by the Mitigated Negative Declaration, Initial Study and Mitigation Monitoring Program prepared for General Plan Amendment No. 96 -1, Zone Change No. 96 -2, Vesting Tentative Tract Map 5053, and Residential Planned Development Permit No. 96 -1. SECTION 2. Adoption (1) The City Council of the City of Moorpark hereby approves the Development Agreement attached hereto as Attachment "A" and incorporated by reference, between the City of Moorpark and Pacific Communities. (2) The Mayor and City Manager are authorized to execute and sign the final Development Agreement and any covenants necessary to effect the agreement. (3) Upon execution, the Development Agreement shall be recorded within the Office of the County Recorder, County of Ventura, as a covenant running with all the lands comprising General Plan Amendment 96 -1, Zone Change No. 96 -2, Vesting Tentative Tract Map No. 5053 and Residential Planned Development Permit No. 96 -1. (4) The Agreement shall become operative and run for the term specified within the agreement. SECTION 3. That if any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4. This Ordinance shall become effective thirty (30) days after its passage and adoption. 000022 Ordinance for Development Agreement No. 98 -2 Page No. 4 SECTION S. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star, a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this day of , 1998. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk Attachments: A. Development Agreement between the City and Pacific Communities 000023 Recording Requested By And When Recorded Return to: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Citymgs \PACC0NM.2.4 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND MP GROUP, LLC RELATING TO CORTE BELLO THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 ..* ATTACHMENT A 006024 Pn. Zopm.l .4 DEVELOPMENT AGREEMENT This Development Agreement ( "the Agreement ") is made and entered into by and between the CITY OF MOORPARK, a municipal corporation, (referred to hereinafter as "City ") and MP GROUP, LLC, a California Limited Liability Company (referred to hereinafter as "Developer ") . City and Developer are referred to hereinafter individually as "Party" and collectively as "Parties." In consideration of the mutual covenants and agreement's contained in this Agreement, City and Developer agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties: 1.1. Pursuant to Government Code section 65864 et se q. and Moorpark Municipal Code chapter 15.407 City is authorized to enter into a binding contractual agreement with any person having a legal or equitable interest in real property within the City in order to establish certainty in the development process. 1.2. [INTENTIONALLY LEFT BLANK] 1.3. Developer is owner in fee simple of certain real property in the City of Moorpark, consisting of approximately thirty -five (35) acres located at 850 Los Angeles Avenue, just west of Liberty Bell Road, as more specifically described by the legal description set forth in Exhibit A, which exhibit is attached hereto and incorporated herein by this reference (the "Property "). 1.4. City has approved, or is in the process of approving, General Plan Amendment No. 96 -1 ( "GP "), Zone Change No. 96 -2 ("ZC"), Vesting Tentative Tract Map No. 5053 ("VTTM"), and Residential Planned Development Permit No. 96 -1 ("RPD"). Implementation of these land use entitlements is subject to a mitigation monitoring program that was approved by City on (the "Mitigation Monitoring Program "). (The GP, ZC, VTTM, RPD and Mitigation Monitoring Program are collectively referred to as the "Project Approvals ".) The Project Approvals authorize a residential development commonly known as "Corte Bello ", consisting of 303 detached clustered dwelling units on the Property (the "Project "). 1.5. [INTENTIONALLY LEFT BLANK] V. IV Q000215 PACCOMOA.3.4 1.6. By this Agreement, City desires to obtain the binding agreement of Developer to develop the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this,Agreement. 1.7. By this Agreement, Developer desires to obtain the binding agreement of City to permit the development of the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, Developer agrees to waive its rights to legally challenge the limitations and exactions imposed upon the development of the Property pursuant to the Project Approvals and this Agreement and to provide the public benefits and improvements specified in this Agreement. 1.8. City and Developer acknowledge and agree that the consideration that is to be exchanged pursuant to this Agreement is fair, just and reasonable and that this Agreement is consistent with the General Plan of City as amended by General Plan Amendment No. 96 -1. 1.9. On , the Planning Commission of City commenced a duly noticed public hearing on this Agreement and at the conclusion of the hearing recommended approval of the Agreement. 1.10. On , the City Council of City ( "City Council ") commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing approved the Agreement by Ordinance No. ( "the Enabling Ordinance "). 2. Property Subject To This Agreement. All of the Property shall be subject to this Agreement. The Property may be referred to hereinafter as "the site" or "the Project area ". 3. Binding Effect. The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to, each Party and each successive successor in interest thereto and constitute covenants that run with the Property. Whenever the terms "City" and "Developer" are used herein, such terms shall include every successive successor in interest thereto, except that the term "Developer" shall not include the purchaser or transferee of any lot within the Project area that has been fully developed in accordance with the Project Approvals and this Agreement. 9-9, 000026 3.1. Constructive Notice and Acceptance. Every person who acquires any right, title or interest in or to any portion of the Property in which the Developer has a legal interest is, and shall be, conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not any reference to the Agreement is contained in the instrument by which such person acquired such right, title or interest. 3.2. Release Upon Transfer. Upon the sale or transfer of the Developer's interest in any portion of the Property, that Developer shall be released from its obligations with respect to the portion so sold or transferred subsequent to the effective date of the sale or transfer, provided that the Developer (i) was not in breach of this Agreement at the time of the sale or transfer and (ii) prior to the sale or transfer, delivers to City a written assumption agreement, duly executed by the purchaser or transferee and notarized by a notary public, whereby the purchaser or transferee expressly assumes the obligations of Developer under this Agreement with respect to the sold or transferred portion of the Property. Failure to provide a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of the purchaser or transferee pursuant to this Agreement. Nothing contained herein shall be deemed to grant to City discretion to approve or deny any such sale or transfer, except as otherwise expressly provided in this Agreement. 4. Development of the Property. The following provisions shall govern the subdivision, development and use of the Property. 4.1. Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are allowed by the Project Approvals and this Agreement. 4.2. Development Standards. All design and development standards, including but not limited to density or intensity of use and maximum height and size of buildings, that shall be applicable to the Property are set forth in the Project Approvals and this Agreement. 4.3. Building Standards. All construction on the Property shall adhere to the Uniform Building Code, including the Fire Resistive Design Manual, the National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Code for Building Conservation and the Uniform ;n.._JMDA.3.4 -4- 000027 PACCOMDA.2.4 Administrative Code in effect at the time the plan check or permit is approved and to any federal or state building requirements that are then in effect (collectively "the Building Codes "). 4.4. Reservations and Dedications. All reservations and dedications of land for public purposes that are applicable to the Property are set forth in the Project Approvals and this Agreement. 5. Vesting of Development Rights. 5.1. Timing of Development. In Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 4 55 (1984), the California Supreme Court held that the failure of the parties therein to provide for the timing or rate of development resulted in a later- adopted initiative restricting the rate of development to prevail against the parties' agreement. City and Developer intend to avoid the result in Pardee by acknowledging and providing that Developer shall have the right, without obligation, to develop the Property in such order and at such rate and times as Developer deems appropriate within the exercise of its subjective business judgment. In furtherance of the Parties' intent, as set forth in this section, no future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property. In particular, but without limiting any of the foregoing, no numerical restriction shall be placed on the number of dwellings units that can be built each year within the Project Area. However, nothing in this section shall be construed to limit City's right to insure that Developer timely provides all infrastructure required by the Project Approvals and this Agreement. 5.2. Amendment of Project Approvals. No amendment of any of The Project Approvals, whether adopted or approved by the City Council or through the initiative or referendum process, shall apply to any portion of the Property, unless the Developer has agreed in writing to the amendment. 5.3. Issuance of Subsequent Approvals. Applications for land use approvals, entitlements and permits, including *.,r -5- OOGO %8 .-_,MDA. 2 . without limitation subdivision maps other than Vesting Tentative Tract Map N0. 5053 (e.g. tentative, vesting tentative, parcel, vesting parcel, and final maps) , subdivision improvement agreements and other agreements relating to the Project, lot line adjustments, preliminary and final planned development permits, use permits, design review approvals (e.g. site plans, architectural plans and landscaping plans), encroachment permits, and sewer and water connections that are necessary to or desirable for the development of the Project (collectively "the Subsequent Approvals "; individually "a Subsequent Approval ") shall be consistent with the Project Approvals and this Agreement. For purposes of this Agreement, Subsequent Approvals do not include building permits. The term of any Subsequent Approval, except a tentative map, shall be one year; provided that the term may be extended by the decision maker for two (2) additional one (1) year periods upon application of the Developer holding the Subsequent Approval filed with City's Department of Community Development prior to the expiration of that Approval. Each such Subsequent Approval shall be deemed inaugurated, and no extension shall be necessary, if a building permit was issued and the foundation received final inspection by City's Building Inspector prior to the expiration of that Approval. It is understood by City and Developer that certain Subsequent Approvals may not remain valid for the term of this Agreement. Accordingly, throughout the term of this Agreement, the Developer shall have the right, at its election, to apply for a new permit to replace a permit that has expired or is about to expire. Subsequent Approvals shall be governed by the Project Approvals and by the applicable provisions of the Moorpark General Plan, the Moorpark Municipal Code and other City ordinances, resolutions, rules, regulations, policies, standards and requirements as most recently adopted or approved by the City Council or through the initiative or referendum process and in effect at the time that the application for the Subsequent Approval is deemed complete by City (collectively "City Laws "), except City Laws that: (a) change any permitted or conditional permitted uses of the Property from what is allowed by the Project Approvals; -6- 600029 PACCOMDA.7.4 (b) limit or reduce the density or intensity of the Project, or any part thereof, or otherwise require any reduction in the square footage or number of proposed buildings or other improvements from what is allowed by the Project Approvals; (c) limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project in any manner, provided that all infrastructure required by the Project Approvals to serve the portion of the Property covered by the Subsequent Approval is in place or is scheduled to be in place prior to completion of construction; (d) are not uniformly applied on a City -wide basis to all substantially similar types of development projects or to all properties with similar land use designations; (e) control residential or commercial rents; or (f) modifies the land use from what is permitted by the General Plan Land Use Element at the date the Enabling Ordinance is adopted or that prohibits or restricts the establishment or expansion of urban services including but not limited to community sewer systems to the Project. 5.4. Modification Of Approvals. Throughout the term of this Agreement, the Developer shall have the right, at its election and without risk to any right that is vested in it pursuant to this section, to apply to City for minor modifications to Project Approvals and Subsequent Approvals. The approval or conditional approval of any such minor modification shall not require an amendment to this Agreement, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement. 5.5. Issuance of Building Permits. No building permit, final inspection or certificate of occupancy will be unreasonably withheld from the Developer if all infrastructure required by Project Approvals to serve the portion of the Property covered by the building permit is in place or is scheduled to be in place prior to completion of construction and all of the other relevant provisions of the Project Approvals, Subsequent Approvals and this Agreement have been 4W• -7- 000030 PA- MDA.2.4 satisfied. In no event shall building permits be allocated on any annual numerical basis or on any arbitrary allocation basis. 5.6. Moratorium on Development. Nothing in this Agreement shall prevent City, whether by the City Council or through the initiative or referendum process, from adopting or imposing a moratorium on the processing and issuance of Subsequent Approvals and building permits and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (i) on a City -wide basis to all substantially similar types of development projects and properties with similar land use designations and (ii) as a result of a utility shortage or a reasonably foreseeable utility shortage, including without limitation a shortage of water, sewer treatment capacity, electricity or natural gas. 6. Developer Agreements. 6.1. The Developer shall comply with (i) this Agreement, (ii) the Project Approvals, and (iii) all Subsequent Approvals for which it was the applicant or a successor in interest to the applicant. 6.2. (INTENTIONALLY LEFT BLANK) 6.3. (INTENTIONALLY LEFT BLANK] 6.4. The fee in lieu of park land dedication pursuant to the City's Subdivision Ordinance requirements (adopted by Ordinance No. 6) shall be paid prior to the recordation of each phase of the final tract map. The fee shall be calculated pursuant to the City's Subdivision Ordinance requirements but shall be no less than twenty five hundred dollars ($2,500.00) for each residential lot for all lots including those designated for Affordable Housing Units. 6.5. As a condition of the issuance of a building permit for each dwelling unit (except for thirty -five (35) Low and eleven (11) Very -Low Income Affordable Housing Units within the boundaries of the Property, Developer shall pay City a development fee as described herein (the "Development Fee "). The Development Fee may be expended by City in its sole and unfettered discretion. On the operative date of this Agreement, the amount of the Development Fee shall be two thousand five hundred dollars ($2,500.00). The fee shall be adjusted annually (commencing one (1) year after the first residential building permit is issued within the IPW -8- 000031. PACCOMCA.2.4 Project) by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month which is foµr (4) months prior to the month in which the Development Agreement is approved by the City Council (e.g., if approval occurs in June, then the month of February is used to calculate the increase). 6.6. As a condition of the issuance of a building permit for each residential unit, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by the City in its sole and unfettered discretion. On the effective date of this Agreement, the amount of the Citywide Traffic Fee shall be $3,000 per dwelling unit. Commencing January 1, 2000, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6.7. On the operative date of this Agreement Developer shall pay all outstanding City processing and environmental processing costs related to the project and preparation of this Agreement. 6.8. Developer hereby waives any right it may have under California Government Code Section 65915 et. Seq., or any successor thereto, or any provision of federal, State, or City laws or regulations for application or use of any density bonus that would increase the number of dwelling units approved for this project. 6.9. Developer agrees to cast affirmative ballots for the formation of an assessment district and levying of assessments, for the maintenance of parkway landscaping, street lighting, and if requested by the City Council, parks for the provision of special benefits conferred by same, upon properties within the Project. Developer further agrees to obligate the property owners association to provide for maintenance -9- 000032 PAC:GMDA.7.4 of parkway landscaping and street lighting in the event the aforementioned assessment district is dissolved or altered in any way or assessments are reduced or limited in any way by a ballot election of property owners, or if the assessment district is invalidated by court action. 6.10. Developer, in consideration for obtaining a density through the Project Approvals which is greater than that which would have otherwise been available, agrees to provide eleven (11) Very Low Income Affordable Housing Units, with seven (7) three (3) bedroom units at 966 square feet and four (4) four (4) bedroom units at 1,015 square feet, thirty -five (35) Low Income Affordable Housing Units, with twenty four (24) three (3) bedroom units at 966 square feet and eleven (11) four (4) bedroom units at 1,015 squre feet and one hundred (100) Moderate Income Affordable Housing Units. The initial sales price, buyer eligibility, resale restrictions, respective role of City and Developer, and any other item determined necessary by the City shall be set forth in the Affordable Housing Implementation and Resale Restriction Plan, which shall be approved by the City Council in its sole and unfettered discretion prior to recordation of the first final Tract Map for this project. 6.11. In addition to fees specifically mentioned in this Agreement, Developer agrees to pay all City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all fees imposed by City at the operative date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. Developer further agrees to not protest these fees as may be authorized by Section 66000, et. Seq. of the California Government Code or any other applicable state or federal law. 7. City Agreements. 7.1. City shall process in an expedited manner to the extent possible all plan checking, excavation, grading, building, encroachment and street improvement permits, certificates of occupancy, utility connection authorizations, and other ministerial permits or approvals necessary, convenient or appropriate for the grading, excavation, construction, development, improvement, use and occupancy of the Project. .* -10- COCO33 MCCONOII. l .l 7.2. City agrees that units reserved for and sold to very - low and low income buyers shall not be subject to air quality (Traffic System Management) fees. 7.3 City agrees to condition Vesting Tentative Tract Map No. 5053 to expire ten (10) years after its approval or conditional approval, or upon expiration or eariler termination of this Agreement, whichever occurs first. 7.4. The City Manager is authorized to sign an early grading agreement on behalf of City to allow rough grading the Project prior to City Council approval of a final subdivision map. Said early grading agreement shall be consistent with the conditions of the approved tentative map and contingent on City Engineer and Director of Community Development acceptance of a Performance Bond in a form and amount satisfactory to them to guarantee implementation of the erosion control plan and completion of the rough grading. 7.5. City shall allow construction of one or more model homes prior to City Council approval of a final subdivision map for the VTTM. 7.6. City shall allow recordation of final maps for the VTTM in phases. 8. Supersession of Agreement by Change of Law. In the event that any state or federal law or regulation enacted after the date the Enabling Ordinance was adopted by the City Council prevents or precludes compliance with any provision of the Agreement, such provision shall be deemed modified or suspended to comply with such state or federal law or regulation, as reasonably determined necessary by City. 9. Demonstration of Good Faith Compliance. In order to ascertain compliance by the Developer with the provisions of this Agreement, the Agreement shall be reviewed annually in accordance with Moorpark Municipal Code chapter 15.40. of City or any successor thereof then in effect. The failure of City to conduct any such annual review shall not, in any manner, constitute a breach of this Agreement by City, diminish, impede, or abrogate the obligations of the Developer hereunder or render this Agreement invalid or void. 10. Authorized Delays. Performance by any Party of its obligations hereunder, other than payment of fees, shall be excused during any period of "Excusable Delay ", as hereinafter defined, provided that the Party claiming the delay gives notice of the delay to the other Parties as soon as possible after- the same has been ascertained. For purposes hereof, !Ir -11- 000034 MCCOMDA.2.4 Excusable Delay shall mean delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay, including without limitation: (a) act of God; (b) civil commotion; (c) riot; (d) strike, picketing or other labor dispute; (e) shortage of materials or supplies; (e) damage to work in progress by reason of fire, flood, earthquake or other casualty; (f) failure, delay or inability of City to provide adequate levels of public services, facilities or infrastructure to the Property including, by way of example only, the lack of water to serve any portion of the Property due to drought; (g) delay caused by a restriction imposed or mandated by a governmental entity other than City; or (h) litigation brought by a third party attacking the validity of this Agreement, a Project Approval, a Subsequent Approval or any other action necessary for development of the Property. 11. Default Provisions. 11.1. Default by Developer. The Developer shall be deemed to Have breached this Agreement if it: (a) practices, or attempts to practice, any fraud or deceit upon City; or (b) willfully violates any order, ruling or decision of any regulatory or judicial body having jurisdiction over the Property or the Project, provided that Developer may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no breach of this Agreement shall be deemed to have occurred unless and until there is a final adjudication adverse to Developer; or (c) fails to make any payments required under this Agreement; or (d) materially breaches any of the other provisions of the Agreement and the same is not cured within the time set forth in a written notice of violation from City to Developer, which period of time shall not be less than ten (10) days from the date that the notice is deemed received, provided if Developer cannot reasonably cure the breach within the time set forth in the notice, Developer fails to commence to cure the breach within such time limit and diligently effect such cure thereafter. 11.2. Default by City. City shall be deemed in breach of this Agreement if it: (a) materially breaches any of the provisions of the Agreement and the same is not cure within the time set -12- ()00035 forth in a written notice of violation from Developer to City, which period shall not be less than ten (10) days from the date the notice is deemed received, provided if City cannot reasonably cure the breach within the time set forth in the notice, City fails to commence to cure the breach within such time limit and diligently effect such cure thereafter. 11.3. Content of Notice of Violation. Every notice of violation shall state with specificity that it is given pursuant to this section of the Agreement, the nature of the alleged breach, and the manner in which the breach may be satisfactorily cured. The notice shall be deemed given on the date that it is personally delivered or on the third day following the day after it is deposited in the United States mail, in accordance with Section 20 hereof. 11.4. Remedies for Breach. The Parties acknowledge that remedies at law, including without limitation money damages, would be inadequate for breach of this Agreement by any Party due to the size, nature and scope of the Project. The Parties also acknowledge that it would not be feasible or possible to restore the Property to its natural condition once implementation of the Agreement has begun. Therefore, the Parties agree that the remedies for breach of the Agreement shall be limited to the remedies expressly set forth in this subsection. The remedies for breach of the Agreement by City shall be injunctive relief and /or specific performance. The remedies for breach of the Agreement by the Developer shall be injunctive relief and /or specific performance. In addition, and notwithstanding any other language of this Agreement, if the breach is of Subsection 6.9 or 6.10 of this Agreement, City shall have the right to withhold the issuance of building permits from the date that the notice of violation was given pursuant to Subsection 11.3 hereof until the date that the breach is cured as provided in the notice of violation. Nothing in this subsection shall be deemed to preclude City from prosecuting a criminal action against the Developer if it violates any City ordinance or state statute. 12. Mortgage Protection. At the same time that City gives notice to the Developer of a breach, City shall send a copy of the notice to each holder of record of any deed of trust on the PACCOMOA.2.4 -13- 000036 ?ACCOMDA.3.4 portion of the Property in which Developer has a legal interest ( "Financier "), provided that the Financier has given prior written notice of its name and mailing address to City and the notice makes specific reference to this section. The copies shall be sent by United States mail, registered or certified, postage prepaid, return receipt requested, and shall be deemed received upon the third (3rd) day after deposit. Each Financier that has given prior notice to City pursuant to this section shall have the right, at its option and insofar as the rights of City are concerned, to cure any such breach within fifteen (15) days after the receipt of the notice from City. If such breach cannot be cured within such time period, the Financier shall have such additional period as may be reasonably required to cure the same, provided that the Financier gives notice to City of its intention to cure and commences the cure within fifteen (15) days after receipt of the notice from City and thereafter diligently prosecutes the same to completion. City shall not commence legal action against Developer by reason of Developer's breach without allowing the Financier to cure the same as specified herein. Notwithstanding any cure by Financier, this Agreement shall be binding and effective against the Financier and every owner of the Property, or part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise. 13. Estoppel Certificate. At any time and from time to time, any Developer may deliver written notice to City and City may deliver written notice to the Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended, or if amended, the identity of each amendment, and (iii) the requesting Party is not in breach of this Agreement, or if in breach, a description of each such breach. The Party receiving such a request shall execute and return the certificate within thirty (30) days following receipt of the notice. City acknowledges that a certificate may be relied upon by successors in interest to the Developer who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Developer has a legal interest. 14. Administration of Agreement. Any decision by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith may be appealed by the Developer to the City Council, provided that any such appeal shall be filed with the City Clerk of City within ten (10) days after the affected Developer receives notice of the staff decision. The City V. • -14- O00037 PACCOMDA.2.4 Council shall render its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. The Developer shall not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this section. 15. Amendment or Termination by Mutual Consent. In accordance with the provisions of 'Ordinance No. 59 of City or any successor thereof then in effect, this Agreement may be amended or terminated, in whole or in part by mutual consent of City and the Developer. 16. Indemnification. The Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way from, the Developers performance pursuant to this Agreement. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any action or proceeding to attack, review, set aside, void or annul this Agreement or any provision thereof, or the Project Approvals, or any Subsequent Approvals. 17. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 18. Operative Date. This Agreement shall become operative on the date the Enabling Ordinance becomes effective pursuant to Government Code Section 36937. 19. Term. This Agreement shall remain in full force and effect for a term of twenty (20) years commencing on its operative date or until the close of escrow on the initial sale of the last Affordable Housing Unit, whichever occurs last, unless said term is amended or the Agreement is sooner terminated as otherwise provided herein. Expiration of the term or earlier termination of this Agreement shall not automatically affect any Project Approval or Subsequent Approval that has been granted or any right or obligation arising independently from such Project Approval or Subsequent Approval. Upon expiration of the term or earlier termination of this Agreement, the Parties shall execute any document reasonably requested by any Party to remove this Agreement from the public records as to the Property, and every portion thereof, to the extent permitted by applicable laws. ..• -15- a� Wcoas 20. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed received when personally delivered or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the addresses, set forth in Exhibit "C" attached hereto and incorporated herein. Any Party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. 21. Entire Agreement. This Agreement contains the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 24. Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of the other Party in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and Developer, jointly or severally. 25. No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest. No other person shall have any right of action based upon any provision of this Agreement. 26. Recordation of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Ventura by the City Clerk of City PACCOMDA.2.4 -16 - WOWS PACCOMOA.1.4 within the period required by Ordinance No. 59 of City or any successor thereof then in effect. 27. Cooperation Between City and Developers. City and each Developer shall execute and deliver to the other all such other and further instruments and documents as may be necessary to carry out the,purposes of this Agreement. 28. Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose or affect interpretation of the Agreement. Should any provision of this Agreement be found to be in conflict with any provision of the Project Approvals or the Subsequent Approvals, the provision of this Agreement shall prevail. 29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally by the Parties, and it shall not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared. 30. Governing Law and Venue. This Agreement is made, entered into, and executed in the County of Ventura, California, and the laws of the State of California shall govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement shall be filed in the appropriate court having jurisdiction in the County of Ventura. 31. Attorneys' Fees. In the event any action, suit or proceeding is brought for the enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged breach of, this Agreement, the prevailing Party shall be entitled to its reasonable attorneys' fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. Attorneys' fees under this section shall include attorneys' fees on any appeal and any post - judgment proceedings to enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. .* -17- GOCO4O ?ACCOMDA.1.6 32. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. IN WITNESS WHEREOF, MP Group, LLC and City of Moorpark have executed this Development Agreement on .* -18- CITY OF MOORPARK By: Patrick Hunter Mayor ATTEST Deborah S. Traffenstedt City Clerk MP GROUP, LLC By: Nelson Chung President 000041 0 h r +" ' ►wu may or may not be survey of the lano .; You :;hcwld not rely upon it for any purpose other il,c';r; ore, . the general 100fitin of the parcel or parcels depicted AmEYiC.rn elcpressly disclaims any liability for alleged loss, or "h'rt may result from reliance upon this map. � —04, -03 z POR. TRACT L RANCHO SIMI Q Tax Role Are° 506 —C Bk. 0: z a 6704 511 > �j v C � 10007 S N• Ciro '� � -i - - - -� I.1 IOI fr t .y - -�JWN roe�� - - -- JIP. •)' P �. jo Nr CM 1 I lel ■ J l0/ M tro •lr°� � I w I It a wa 1 IaS4c S ti Qsy 311 ws•fs� r Q1 AYAc K 0 38 39 40 1 41 42 I 43 ��J Per I Ire , r.J I I Ac � W wis r nP"ba � i �i6J I S SISlJw �;(6 •w Slr CO ti0 /� 5NO wN 1 Iv 6S 70" Sus O 7? AM WAU*EEN LAIVE W e.e. ser1!'w Not �� « yes' p •.r Ji'Ofr / \ n_ co l� e, u JJ / � 1 .as n so srcor 1 !!o :L V LINE LOT $♦ ! RMl1f Parcel Mop P M Bk 17 P" 88 r. Lot K bo�ndexler §ub. R. M. Bk.5 ^L5 Po Fremont Tract, P 014- 8111- J. Pq. 39 4,1-, hn r"n; p AA Rif A Pn 7 OI Mewooe Eosemen► �, Ir• /KORAwN w Is el CITY OF MOORPARK 00 � .,c.,+..,. co+t.,•u,l . haw �o,s / Assessors Mop Bk.506-Pq.03 County of Wnturo, Culif Norf - Assesso,•s Bloc% Our bons SAo•r ,n rl/,ps•s 11"rVil IS sN qrr, ft ns EXHIBIT A LEGAL DESCRIPTION Identified as Assessor's Parcel Nos. 506- 030 -135, -145, -155, -165, and -180. The land referred to in this Report is situated in the State of California, County of Ventura, and is described as follows: PARCEL 1: That portion of Lot K, Tract L, Rancho Simi, in the City of Moorpark, County of Ventura, State of California, according to the map recorded in Book 5, page 5 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point in the centerline of Los Angeles Avenue, 60 feet wide, being also the Northerly line of said Lot K, distant along said centerline Wes,. 1164.74 feet from the Northeasterly corner of said Lot R, at the Northwesterly corner of the land described in the deed to Apolonio R. Coronado and wife, recorded October 29, 1954 in Book 1230, page 465 of Official Records; thence along said centerline, 1st: West 526.46 feet; thence parallel with the Westerly line of said land of Apolonio R. Coronado and the Southerly prolongation thereof, 2nd: South 1278.52 feet to the Southeasterly line of said Lot K; thence along the Southeasterly and Southerly line of said Lot K by the following two courses, 3rd: North 24o 00, East 571.36 feet to an angle point; thence, 4th: East 294.07 feet to the Southwesterly corner of said land of Apolonio R. Coronado; thence along the Westerly line of said last mentioned land, 5th: North 756.55 feet to the point of beginning. EXCEPT the interest in that portion thereof lying within Los Angeles Avenue, as conveyed to Ventura County, by deed dated April 6, 1889, recorded in Book 28, page 190 of Deeds. ALSO EXCEPT 50 percent of all oil, gas and mineral rights, as reserved by Apolonio R. Coronado, et al., in deed recorded December 8, 1955 in Book 1358, page 533 of Official Records. PARCEL 2: That portion of Lot K, Tract L, Rancho Simi, in the City of Moorpark, County of Ventura, State of California, according to the map recorded in the office of the County Recorder of said County, in Book 5, page 5 of Maps, described as follows: 000043 Beginning at a point in the centerline of Los Angeles Avenue, 60 feet wide, being also the Northerly line of said Lot K, distant along said centerline West 1164.74 feet from the Northeasterly corner of said Lot K, at the Northwesterly corner of the land described in the deed to Apolonio R. Coronado and wife, recorded October 29, 1954 in Book 1239, page 465 of Official Records; thence along said centerline, 1st: East 115.15 feet; thence parallel with the Westerly line of said land of Apolonio R. Coronado, 2nd: South 756.55 feet to the Southerly line of said Lot K; thence along said South line, 3rd: West 115.15 feet to the Southwesterly corner of said land of Apolonio R. Coronado; thence along the Westerly line of said last mentioned land, 4th: North 756.55 feet to the point of beginning. EXCEPT the interest in that portion thereof lying within Los Angeles Avenue, as conveyed to Ventura County by deed dated April 6, 1889, recorded in Book 28, page 190 of Deeds. ALSO EXCEPT the interest in said land excepted in the following deeds: Deed from Apolonio R. Coronado and Ladislada Coronado, husband and wife, recorded November 23, 1955 in Book 1354, page 450 of Official Records, which excepts 50% of all oil, gas, mineral and other hydrocarbon substances. Deed from Neil A. Mahony and Mary L. Mahony, husband and wife, recorded April 21, 1960 as Document No. 17841, which excepts 50% of all oil, gas, mineral and other hydrocarbon substances. -'PARCEL 3: A portion of Lot K, Tract L, Rancho Simi, in the City of Moorpark, County of Ventura, State of California, as per map recorded in Book 5, page 5 of Maps, in the office of the County Recorder of said County, described as follows: �- Beginning at a pbint on the centerline of Los Angeles Avenue, 40 feet wide, distant West 415 feet measured along said centerline from the Northeast corner of sad Lot K; thence, t-�St: South 833.21 feet to a 1 -inch iron pipe on the Southerly line of said Lot K; thence along said Southerly line, Jind: North 660 00, West 188.46 feet to an angle point therein; thence, 000044 3rd: 'west 462.42 feet, more or less, to the Southeast corner of the land described in deed to Neil A. Mahony and wife, recorded in Book 1354, page 450 of Official Records; thence along the East line of said land of Mahony, 4th: North 756.55 feet to a point in the centerline of Los Angeles Avenue; thence along said centerline, 5th: East 634.59 feet to the point of beginning. EXCEPT the interest in that portion thereof lying within Los Angeles Avenue, as conveyed to Ventura County by deed recorded in Book 28, page 190 of Deeds. ALSO EXCEPT from the remainder, one -half of all oil, gas, minerals and other hydrocarbon substances, but without the right of surface entry above a depth of 500 feet below the surface of said land, as reserved by Apolonio R. Coronado and Ladislada T. Coronado, in deed recorded May 11, 1954 in 3ook 2538, page 353 of Official Records. PARCEL 4: That portion of Lot K, Tract L, Rancho Simi, in the City of Moorpark, _County of Ventura, State of California, as per map recorded in Book 5, page 5 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point in the centerline of Los Angeles Avenue, 60 feet -wide, at the Northwesterly corner of said Lot K; thence along said centerline, 1st: East 306.62 feet to the Northwest corner of the land described in the deed to Arthur Baron and wife, recorded December 8, 1953 in Book `-"1358, page 533 of Official Records; thence along the West line of said land of Baron, 2nd: South 1278.52 feet to the Southeasterly line of said Lot K, -shown on said map as "North 24 East 11.32 "; thence along said Southeasterly line, 3rd: South 24 West 176.17 feet to the Southwesterly terminus of `,said Southeasterly line; thence along a southerly line of said Lot K, shown on said Map "East 3.56 ", �h: West 234.96 feet to the Southwesterly corner of said Lot K; thence along the Westerly line of said Lot K, -5th: North 1439.46 feet to the point of beginning. 000045 EXCEPT that portion thereof lying Southerly and Southeasterly of the , Southeasterly line of that certain easement 160 feet wide as described ./in the deed to the Ventura County Flood Control District, recorded March 30, 1956 in Book 1392, page 456 of Official Records. ALSO EXCEPT the interest in and to that portion thereof lying within Los Angeles Avenue, 60 feet wide, as conveyed to Ventura County, as a Public Highway, by deed dated April 6, 1889, recorded in Book 28,page 190 of Deeds. PARCEL 5: That portion of Subdivision "M" of the Rancho Simi, in the City of Moorpark, County of Ventura, State of California, as per map thereof recorded in Book 3, page 7 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the intersection of the Northwesterly line of said Subdivision "M ", with the centerline of the strip of land, 160 feet vide, described in the easement from Liberty Bell Ranch to Ventura ✓County Flood Control District, recorded in Book 1392, page 391 of Official Records, in the office of the County Recorder of said County; thence, Lst: North 240 00' East 471.37 feet along said Northwesterly line 'to an angle point therein; thence continuing along a Northerly line, 2nd: East 409.22 feet to the Southeast corner of the land described in the deed to Neil A. Mahony and Mary L. Mahony, recorded in Book ,,/1354, page 450 of Official Records, in the office of the County Recorder of said County; thence along the Southerly prolongation of the Easterly line of said last mentioned deed, 3rd: South 150.91 feet to the curved centerline of said strip of jand, a radial line bears North 180 14' 55" West; thence along said centerline, being a curve concave Southerly having a radius of 1000 feet, `4th: Westerly 129.83 feet through a central angle of 7o 26' 20 "; thence tangent to said curve, nth: I South 640 18' 45" West 533.33 feet to the point of beginning. 000046 EXHIBIT C To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn. City Manager To Developer: MP Group LLC c/o Pacific Communities Builder, Inc. 1000 Dove Street, Suite 100 Newport Beach, CA 92660 Attn. Nelson Chung C -1 _• 000047 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 5053 FOR 303 NUMBERED AND 6 LETTERED LOTS, AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 96 -1 FOR 303 RESIDENTIAL UNITS ON 35.23 GROSS ACRES OF LAND ON THE SOUTH SIDE OF LOS ANGELES AVENUE IN THE VICINITY OF SHASTA AND GOLDMAN AVENUES ON THE APPLICATION OF PACIFIC COMMUNITIES (ASSESSOR'S PARCEL NOS. 506 -0 -03 -135, 145, 155, 165 AND 185) WHEREAS, at a duly noticed public hearing on December 2, 1998, the City Council considered the application filed by Pacific Communities for approval of the following: Vesting Tentative Tract Map No. 5053 - for a subdivision of an existing 35.23 gross acres into 303 numbered lots and 6 lettered lots. Residential Planned Development Permit No. 96 -1- for approval of a Residential Planned Development consisting of 303 residential dwelling units. WHEREAS, at its meeting of December 2, 1998, the City Council opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing; and WHEREAS, the City Council, after review and consideration of the information contained in the staff report dated December 2, 1998, and testimony, has made a decision in the matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby adopts the following findings: C.E.Q.A. Findings 1. That the Mitigated Negative Declaration /Initial Study for the project is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA) , and CEQA Guidelines, and City policy. 2. The contents in the Mitigated Negative Declaration/ Initial 1 IIMOR_PRI SERVWOME FOLDERSIPPORTERUMIIRPD961 IFINALCC.RES.DOC AIMACHMENT ± 000048 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 2 Study have been considered in the various decisions on these projects. 3. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the environmental document have been incorporated into the proposed project. 4. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects. Subdivision Map Act Findings Based on the information set forth above, it is determined that the Vesting Tentative Tract Map, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: 1. The proposed map is consistent with the applicable general and specific plans. 2. That the design and improvements of the proposed subdivision is consistent with the applicable general and specific plans. 3. The site is physically suitable for the type of development proposed. 4. The 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. 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 the property within the proposed subdivision. 8. There would be no discharge of waste from the proposed subdivision into an existing community sewer system in 2 IIMOR_ PRI_ SERMOME_ FOLDERSIPPORTERWPD9611FINALCC .RES.DOC OOC- U4y City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 3 violation of existing water quality control requirements under 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. Residential Planned Development Permit Findings 1. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance. 2. The proposed project is compatible with the character of surrounding development. 3. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare. 5. The proposed project is compatible with existing and planned land uses in the general area where the development is to be located. 6. The proposed project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure (s) have design features which provide visual relief and separation between land uses of conflicting character. SECTION 2. The City Council does hereby find that the aforementioned projects will be consistent with the City's General Plan prior to recordation of the Final Map. SECTION 3. The City Council adopts the Mitigated Negative Declaration/ Initial Study and Mitigation Monitoring Program and certifies that the Mitigated Negative Declaration /Initial Study for the project is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), and CEQA Guidelines, and City policy. SECTION 4. That the City Council hereby conditionally 3 IIMOR_PRI SERVWOME FOLDERSIPPOR7ERIMIRPD9611FINALCC .RES.DOC 1�000.j0 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 4 approves Vesting Tentative Tract Map No. 5053 for 303 numbered and 6 lettered lots, and Residential Planned Development Permit No. 96- 1 for 303 dwelling units on the application of Pacific Communities subject to compliance with all of the following conditions: CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5053 A: GENERAL REQUIREMENTS Application of City Ordinances /Policies • The conditions of approval of this Vesting Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. Acceptance of Conditions 1. 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. A notation which references conditions of approval shall be included on the Final Map in a format acceptable to the Director of Community Development. Requirement for Affordable Housing Agreement 2. Approval of the Residential Planned Development Permit and Tentative Tract Map is conditioned upon execution of a Affordable Housing Agreement between the City of Moorpark and the applicant or developer. Compliance with the terms and conditions of this Agreement shall address affordable housing provisions. The Agreement is subject to the approval of the City Council, and if compliance of the Agreement is not achieved, the City Council may initiate a Reversion to Acreage or other procedure, and nullify the Residential Planned Development Permit and Tentative Map approval. 4 IIMOR_PRI_SERVWOME FOLDERSIPPORTERIIMRPD9611FINALCC .RES.DOC 00000-1 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 5 Expiration of Map 3. This Vesting Tentative Tract Map shall expire three years from the date of its approval. The Director of Community Development may, at his discretion, grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the map. Image Conversion 4. Prior to recordation, the builder shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. Hold Harmless 5. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: The City bears its own attorney fees and costs; The City defends the claim, action or proceeding in good faith. 5 1 IMOR_ PRI_ SERVWOME_ FOLDERSIPPORTERIMIRPD9611FINALCC .RES.DOC 000052 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 6 The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. The subdivider's obligations under this condition shall apply regardless of whether a final map or parcel map is ultimately recorded with respect to the subdivision. Title Report 6. The subdivider shall submit to the Department of Community Development and the City Engineer for review 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. C. UTILITY AGENCY REQUIREMENTS Calleguas Release 7. Prior to approval of a Final demonstrate by possession of a Calleguas Municipal Water District of the Construction Charge a subdivision have been made. The Ventura County Waterworks Rules payment of all applicable fees. Unconditional Availabilitv Letter Map, the subdivider shall District Release from the that arrangements for payment pplicable to the proposed subdivider shall comply with and Regulations, including 8. Prior to approval of a Final 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 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. 6 IWOR_PRI SERVWOME FOWERSIPPORTERVARPD9611FINALCC .RES.DOC 000053 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 7 Cross Connection Control Devices 9. 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. Suretv for Utilities 10. Prior to approval of a final map, the subdivider shall post sufficient surety to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. Prior to the issuance of an occupancy permit for the last house in the tract, all existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 69 KVA or larger power lines. This requirement for undergrounding includes all above- ground power poles on the project site as well as those along the frontage roads of the site. All utility lines either existing or proposed that must connect across Los Angeles Avenue to provide service to this site shall be placed underground via an underground conduit. D. FEES, CONTRIBUTIONS AND DEPOSITS 11. The Map shall be submitted in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees" A. Prior to the issuance of the first occupancy, applicant shall pay an amount to cover the costs associated with a crossing guard for five years at the then current rate when paid, plus the pro -rata cost of direct supervision for one crossing guard location and staff's administrative costs (calculated at fifteen percent of the above costs). Fees In -Lieu of Park Dedication 12. Prior to approval of the Final Map, the subdivider shall pay fees in accordance with Section 8297 -4 of the City's Subdivision Ordinance (Parks and Recreation Facilities). 7 IIMOR_PRI SERVWOME FOLDERSIPPORTERMRPD9611FINALCC .RES.DOC GVG054 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 8 Citywide Traffic Mitigation Fee 13. As a condition of the issuance of a building permit for each residential unit, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by the City in its sole and unfettered discretion. On the effective date of the Development Agreement, the amount of the Citywide Traffic Fee shall be $3,000 per dwelling unit. Commencing January 1, 2000, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. CC &R Requirement 14. Covenants, Conditions, and Restrictions (CC &R's) establishing a Homeowners' Association for the proposed division shall be prepared and shall identify the maintenance responsibilities of the Homeowners' Association including, but not limited to, the following: The CC &R's shall address the maintenance of all streets and common - shared driveways, all storm drains and channels, the landscaped entry areas, any slope directly affecting drainage or street facilities, and any dams (collectively "Maintenance Areas ") owned by the Homeowners' Association. Should the Homeowner's Association fail to maintain the Maintenance Areas, or any portion thereof, in a satisfactory manner, the Maintenance Areas, or portion thereof, shall be annexed, at the City's option, to a City Assessment District. The total cost of the maintenance provided by the Assessment District Shall be borne by the lot owners within tract 4620. Prior to approval of the Final Map, an easement covering the Maintenance Areas shall be irrevocably offered to the City for maintenance purposes. 8 IIMOR_PRI SERVWOME FOLDERSIPPORTERUMPD961 IFINALCC.RES.DOC C 00055 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 9 15. The CC &R's shall include all Tentative Map conditions of approval which have been identified for inclusion in the CC &R's, and shall be submitted to the Director of Community Development and City Attorney for review and approval prior to Final Map approval by the City Council. Tentative Map 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. 16. The applicant shall be required to pay all costs associated with City Attorney review of the project CC &R's prior to final map approval. 17. The Homeowners' Association may modify the CC &R's only to the extent that they do not conflict with the terms of approval of the Tentative Map. Further, the Homeowners' Association shall enforce the CC &R's. 18. The CC &R's shall include a requirement that any future residential units constructed in the subdivision shall comply with Chapter 2 -53 of Part 2 and Chapter 4 -10 of Part 4, of Title 24 of the California Administrative Code. 19. The CC &R's shall include a requirement that ultra -low water consumption plumbing fixtures shall be installed consistent with City Ordinance No. 132. The CC &R's shall also include a requirement for the following energy saving devices: a. Stoves, ovens, and ranges, when gas fueled, shall not have continuous burning pilot lights. b. All thermostats connected to the main space heating source shall have night setback features. c. Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. 20. A fencing, perimeter, and privacy barrier wall plan (complete with related landscaping details) identifying the materials to be used and proposed wall heights and locations shall be submitted to and approved by the Director of Community Development. The approved fencing and barrier wall plan shall be incorporated into the CC &R's. All 9 IMI -PRI SERVWOME FOWERSVWRTERVARPD9611FINALCC .RES.DOC 000056 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 10 fencing and barrier walls along lot boundaries shall be in place prior to occupancy. The proposed 8 foot high screen wall along the western property boundary adjacent to Maureen Lane shall be completed in its entirety prior to occupancy of any unit. 21. The CC &R's shall include language to insure that no sheet flow of drainage occurs between lots located within or adjacent to the project. 22. The CC &R's shall include language prohibiting use of wood or asphalt shingles as roofing materials for residential structures. 23. Single and multi - family units shall comply with all pertinent Title 24 and Uniform Building Code conditions regarding handicapped access and facilities. 24. CC &Rs shall include language that discourages excessive noise generating activities in garages consistent with adopted community noise standards. Garages shall not be used for residential purposes. 25. The CC &R's shall require the Homeowner's Association to remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. 26. The CC &R's shall disclose the existence of the existing zoning district which allows equestrian uses along Maureen Lane. This should also be disclosed in the white report and by separate disclosure to potential buyers. The CC &R's include condition that limits use of the parking zone adjacent to the recreational area to a minimum loading zone for two spaces and handicapped parking for two spaces. 27. The CC &R's shall have language indicating there shall be no parking within any of the cul -de -sac streets providing direct access to residential units. All parking for lots located on cul -de -sac streets shall limited to garages or the driveway area of individual residences where the apron has a minimum length of 18 feet from the garage door to the street entry. 10 IIMOR_PRI SERVIHOME FOLDERSIPPORTERMRPD961 IFINALCC.RES.DOC 00005 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 11 28. The Final Map shall indicate all trail and landscaping easements shown on the Tentative Map. The minimum width of said easements shall be 10 feet, except for the pedestrian access to Liberty Bell Road. With the exception of the easement along the western project boundary adjacent to Maureen Lane, all said easements shall be deeded to the Homeowners' Association. 29. Prior to Final Map approval, a ten foot landscaping easement shall be dedicated on the map along the western property line perimeter of the proposed project to act as a buffer for adjacent development along Maureen Lane. The easement shall include restrictions to require that this area be used exclusively for landscaping. A maximum of 5 feet of this buffer area may be transferred in ownership through the Lot line Adjustment procedure to adjacent individual owners of lots which have frontage on Maureen Lane. The buffer area which remains within the lot line of RPD 96 -1 shall be maintained by the Homeowners Association. CITY ENGINEER CONDITIONS PRIOR TO FINAL MAP APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED• Grading 30. The Subdivider /Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a Registered Civil Engineer. The Subdivider /Developer shall enter into an agreement with the City of Moorpark to complete the improvements and shall post sufficient surety guaranteeing completion of all improvements. 31. Concurrent with submittal of the rough grading plan an Erosion Control Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for hydroseeding on all graded areas 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. 11 UMOR_ PRI_ SERWiOME_ FOLDERSIPPORTERUMRPD961lFINALCC .RES.DOC 000058 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 12 32. Requests for rough grading permits will be granted in accordance with RPD 96 -1 and the approved Tentative Map No. 5053, as required by these conditions and local ordinance. 33. The project has been authorized to import 20,000 CY of soil subject to conditions. Any additional import shall require Council approval prior to the commencement of hauling or staged grading operations. 34. The Subdivider /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. 35. Temporary irrigation, hydroseeding or equal measures acceptable to the City Engineer for erosion and dust control 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. 36. All development areas and lots shall be designed and graded so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. Geotechnical /Geology Review 37. The Subdivider /Developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, 12 UMOR_ PRl_ SERVWOME_ FOLDERSIPPORTERUMRPD961lFINALCC .RES.DOC t0C0T City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 13 expansive soils, and seismic safety. The Subdivider /Developer shall also provide a report which discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report(s), by the City's Geotechnical Engineer, shall be required. The Subdivider shall reimburse the City for all costs including the City's administrative fee for this review. 38. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). Storm Water Runoff and Flood Control Planni 39. The Subdivider /Developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied 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: 13 11MOR_PRI SERVWOME FOLDERSI PPORTERWRPD9611FINALCC.RES.DOC 0000 O City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 14 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 in an underground storm drain prior to entering collector or secondary roadways; g. Under a 50 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector street shall have a minimum of one dry travel lane 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 Developer; 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 Developer 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. 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 owner unless otherwise approved by the City Council. 14 IIMOR_PRI SERVWOME FOLDERSIPPORTERIMIRPD %IWINALCC.RES.DOC GOGOWL City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 15 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. 40. The Subdivider /Developer shall demonstrate for each building pad within the Tentative 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. 41. The placement of the ten (10) foot wide storm drain that traverses across Tract 5053 is an integral part of the overall drainage pattern that affects this map. Completion of this storm drain facility is required and the width of the easement for this storm drain shall be approved by the Ventura County Flood Control District. Existing easements and any revisions shall be shown on Final Map. 42. The Subdivider /Developer shall demonstrate that upon occurrence of the failure of the storm drain system and the intersection of West Street and South Street, the storm overflow will pass to Arroyo Simi without flooding adjacent housing. National Pollutant Discharge Elimination System (NPDES 43. Prior to the issuance of any [construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Stormwater 155 IIMOR_PRI SERW40ME FOLDERSIPPORTERUMRPD9611FINALCC .RES.DOC 0000CI Z City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 16 Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. 44. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 45. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. 46. All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo" 47. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. Parking and associated drive areas with 5 or more spaces shall be designed to minimize degradation of stormwater quality. Best Management Practices, such as oil /water separators, sand filters, landscaped areas for infiltration, basins or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 48. 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. 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 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 Developer will be responsible for all costs charged by the FEMA and the City's 16 IWOR_ PRI_ SERWiOME_ FOLDERSIPPORTERMRPD96fflNALCC .RES.DOC 000063 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 17 administrative costs. 49. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 50. The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities (if applicable) must also be acceptable to the Ventura County Flood Control District. 51. The following requirements shall be included in the CC &R's a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. c. Private roads and parking lots /drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - throughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain If any cleaning agent or degreaser is used, washwater shall not discharge to the storm drains; washwater should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. 17 IIMOR_PRI SERWiOME FOLDERSIPPORTERIMIRPD961WINALCC .RES.DOC 000064 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 18 e. Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. f. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. Area shall be paved with impermeable material. No other area shall drain onto these areas. There shall be no drain connected from the trash enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. 52. Prior to the issuance of any [construction /grading permit] and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Stormwater Pollution Control Plan ( SWPCP), on the form provided by the City for the review and approval of the City Engineer. a. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. b. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to stormwater and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. c. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" d. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall also submit a Notice of Intent (NOI) to the California State Water 18 IIMOR_PRI SERWiOME FOLDERSIPPORTERMRPD9611FINALCC .RES.DOC 000065 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 19 Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant /owner shall comply with all additional requirements of this General Permit including preparation of a Stormwater Pollution Prevention Plan (SWPPP) e. The Subdivider /Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. f. The Subdivider /Developer shall also comply with NPDES objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. 53. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. Street Improvement Requirements 54. The Subdivider /Developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by 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. Public streets shall conform to the Ventura County Road Standards (most recent version). 54. The street right -of -way improvements shall include concrete curb and gutter, parkways, new street lights, and signing, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The developer shall 19 IIMOR_PRl SER"HOME FOWERSIPPORTERMRPD961WINALCC .RES.DOC 000066 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 20 dedicate any additional right -of -way necessary to make all of the required improvements. Los Angeles Avenue 55. The street right -of -way plan shall provide that a 6 foot wide sidewalk and 8 foot parkway to be constructed along the Los Angeles Avenue property frontage. The parkway shall be located adjacent to the curb, on Lost Angeles Avenue, with the sidewalk lying south of the property line and the new parkway. There shall be a 2% slope for 1 foot behind the sidewalk. An 18 inch slough wall and planter adjacent to the sidewalk is an acceptable alternative to slopes and landscaping. Additional easement for sidewalks shall be provided to the satisfaction of the City Engineer and Community Development Director. 56. Entrance curb returns shall be 45 foot radius. 57. The entrance at West Street shall be designed to include: a. Provisions to install a 'No Trucks' sign on Los Angeles Avenue; and b. Traffic control devices acceptable to Caltrans and the City Engineer that prohibit left turn movements onto Los Angeles Avenue. 58. This project shall be responsible to provide a bus turnout - loading zone along the Los Angeles Avenue street frontage or at an alternative location adjacent to this project as agreed to by the Public Works Director, City Engineer and Moorpark Unified School District. The specific size and design characteristics shall be determined by the Public Works Director. Pedestrian Connection to Liberty Bell Road 59. A private pedestrian access easement, a minimum of 12 feet in width with a 6 foot wide paved walk and fenced with the specific design to be approved by the Community Development Director, shall be provided to connect this project to Liberty Bell Road at Villa Campesina Avenue. A security gate allowing unattended passage in both directions for residents shall be installed. Additionally, the area within 20 IIMOR PRI_SERVWOME FOLDERSIPPORTEWMPD9611FINALCC .RES.DOC VO�V�� City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 21 the fence lines that is not paved shall be landscaped unless integrated into a future project where landscaping and fencing may be waived by the Community Development Director. The Flood Control facilities may not be used for this purpose unless specifically approved by the City Council. Other Streets 60. "North ", "South ", "East" and "West" streets shall be designed per Ventura County Standard Plate B -5A. Shasta Avenue Design shall be as shown in the tentative map modified to separate the sidewalks from the curbs with 6 feet of landscaped parkway. 61. The entrance gate for the West Street entrance shall be located such that a minimum of 140 feet shall be available for vehicular storage south of the southerly Los Angeles Avenue curb line. 62. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The Subdivider /Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 63. The final design and location of all barrier walls, streetscape elements, urban landscaping are subject to the approval of the Director of Community Development. 64. 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. 65. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. 66. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and 21 IIMOR_PRI SERMOME FOWERSIPPORTERVMPD9611FINALCC .RES.DOC o oc o s City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 22 maintain proper sight distances. 67. The Developer shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other off -site improvements required by the conditions as described herein. 68. The Developer shall demonstrate legal access to all lots to the satisfaction of the City Engineer. 69. Prior to final map approval, the Developer 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 developer would not have to pay the AOC fee. 70. The applicant shall cause to be designed and constructed, at his own expense, a traffic signal at the intersection of Los Angeles Avenue and Shasta Avenue. a. The signal system shall be designed by a traffic engineer registered in the State of California and provide for left turn phasing, traffic actuation and interconnected operation. b. Interconnect conduit and wiring shall be installed to connect to the traffic signal controller to the east. c. Traffic signal plans are to be reviewed and approved by the City Engineer. 71. The applicant's traffic engineer shall submit a traffic warrant study addressing the need for a signalized intersection at Los Angeles Avenue and Maureen Lane. If a signal is warranted, the applicant shall contribute a pro - rata share of the cost of improvements. The applicant's 22 IIMOR_PRI SERVIHOME FOWERSIPPORTERMRPD9611FINALCC .RES.DOC 000106 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 23 traffic engineer shall provide the City Engineer a 'Fair Share Analysis of the project's added traffic for calculation of the pro -rata ('fair share') amount. 72. Any special street intersection treatments shall be approved by the City Engineer and the Director of Community Development. 73. The Applicant shall make a special contribution to the City representing the developers pro -rata share of the cost of improvements at the following intersections: Los Angeles Avenue /Gabbert Road ($90,000) Los Angeles Avenue /Moorpark Avenue ($150,000) The actual contribution (pro -rata share shall be based upon the additional traffic added to the intersection. The developer's traffic engineer shall provide the City Engineer a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share ") amount. UTILITIES 74. Utilities, facilities and services for Tract 5053 will be extended and /or constructed in conjunction with its phased development by the developer as the project proceeds. Water & Sewer a. The developer will be responsible for the construction of all onsite and offsite sanitary sewer facilities to serve the project. The developer shall enter into an agreement with V.C.W.W. Dist. No. 1 to construct the improvements and the system will be dedicated to V.C.W.W. Dist. #1 for maintenance. b. Prior to recordation of a final map, the City, Calleguas Municipal Waterworks District and Ventura County Water District No. 1 shall approve final plans for water dis- tribution. Either the subdivider shall construct the re- quired distribution facilities or enter into an agreement 23 IIMOR_PRI_SERVWOME FOLDERSIPPORTERMRPD9611FINALCC .RES.DOC 00C G 0 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 24 with the Calleguas Municipal Water District and /or Ventura County Waterworks District No. 1 stating when and how facilities will be funded and constructed. The system will be designed and constructed to meet the requirements of the proposed land uses and applicable City, Calleguas and V.C.W.W. District No. 1 standards. Other Utilities: c. Provisions for electrical, natural gas, telephone and solid waste collection services and cable television shall be made prior to development of the project area. All services can be extended by each respective company to meet future demands of the tract. 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. 75. All utilities shall be placed underground. Acquisition of Easements and Right of Way 76. If any of the improvements which the Developer is required to construct or install are to be constructed or installed upon land in which the Developer does not have title or interest sufficient for such purposes, the Developer shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the Developer wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Upon written direction of the City supply the City with (I) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) 24 IIMOR_PRI SERVWOME FOLDERSIPPORTERIMIRPD961 IFINALCC.RES.DOC 00010.7'1 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 25 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 Developer 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. 77. The Developer shall offer to dedicate to the City of Moorpark public service easements as required by the City. Where gated access is provided, the applicant shall provide a means for immediate access of fire and police emergency vehicles. a. The applicant shall make an irrevocable dedication on the Final Map of easements to the City of Moorpark over all private streets shown on the Vesting Tentative Map for the purpose of providing access to: a) all governmental agencies that provide public safety, health and welfare services or that enforce laws and ordinances; and b) all members of the public who reasonably need to be vacated over the private streets because of a state of emergency declared by a representative of the City or of the Ventura County Fire Protection District. 78. Prior to submittal of the Final Map to the City for review and prior to approval, the Developer 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. PRIOR TO ISSUANCE OF A ZONE CLEARANCE FOR GRADING, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 79. All conditions required prior to Final Map Approval shall be complied with. 80. All structures and walls in excess of 6 feet in height 25 IWOR_PRI SERMOME FOLDERSIPPORTERWPDXI1 FINALCC.RES.DOC 006072 2 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 26 require Planning Department approval. DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY: 81. Grading may occur during the rainy season from October 15 to April 15 subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. 82. Prior to any work being conducted within the State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. 83. During clearing, grading, earth moving or excavation opera- tions, dust emissions should be controlled by regular water- ing with reclaimed water, if available, paving construction roads and other dust prevention measures. The Developer 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). The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. c. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. d. Minimize the area disturbed at any one time by clearing, 26 UMOR_PRI SERMOME FOLDERSIPPORTERWPD011FINALCC .RES.DOC 6 ®C3' V 73 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 27 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. 84. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should 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. 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. 85. All diesel engines used in construction equipment should use high pressure injectors and reformulated diesel fuel. 86. 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 con- struction during Stage II alerts. 27 IIMOR_PRI SERVWOME FOLDERSIPPORTEWMPD9611FINALCC .RES.DOC 0000`4 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 28 87. 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. 88. Truck noise from hauling operations shall be minimized through establishing 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 be approved by the City Engineer. 89. The Subdivider /Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 90. Equipment not in use for more than ten minutes should be turned off. 91. If any hazardous waste is encountered during the construc- tion 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 Con- struction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 92. The Subdivider /Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 93. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 28 IIMOR_PRI SERVWOME FOWERSIPPORTERMRPD %I$FINALCC.RES.DOC GOG(j °7J City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 29 PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 94. An As- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 95. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 96. A final grading certification shall be submitted to and approved by the City Engineer. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 97. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 98. The Subdivider /Developer 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. 99. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety that is in effect three years after 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. 100. Original "as built" plans will be certified by the Developer's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as builds" in a series of 22" X 36" mylars (made with 29 IVUOR_PRI SERVVIOME FOLDERS IPPORTEWMPD9611FINALCC.RES.DOC City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 30 proper overlaps) with a title block on each sheet. Submission of "as builds" plans is required before a final inspection will be scheduled. Offer of Dedication and Maintenance Agreement 101. Prior to approval of the Final Map, the applicant shall provide an irrevocable offer of an easement and execute a 'Maintenance Agreement' between Cal Trans and the City subject to approval of Cal Trans and the City, to ensure maintenance of the landscaping within the Cal Trans right - of -way to the City and execute for the purpose of maintaining all landscaping along Los Angeles Avenue. Prior to approval of the Final Map, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping of the site adjacent to Los Angeles Avenue. The area referred to shall be all landscaped portions of the required setback area adjacent to the public right -of -way along the street frontages. The applicant shall be responsible for maintenance of the aforementioned area as well as the landscaping within the public right -of -way adjacent to the project. If the City at it's sole discretion determines the landscape maintenance is determined to be unsatisfactory in any of the aforementioned areas, the City may invoke the offer of dedication and assume responsibility at the owner's expense for any or all of the aforementioned areas. The total cost of maintenance for the areas noted above shall be borne by the applicant. The City may at its sole discretion place the aforementioned areas in a landscape maintenance assessment district. The applicant shall record a covenant to this effect. The applicant shall maintain the right to protest the amount and spread of any proposed assessment, but not the formation of, or annexation to a maintenance assessment district. FIRE DEPARTMENT CONDITIONS Vertical Clearance of Driveways 102. All driveways shall have a minimum vertical clearance of 13 feet 6 inches. 30 IVNOR_ PRLSERVW0ME_ FOLDERSIPPORTERIMIRPD9611FINALCC .RES.DOC 0000712 r r2 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 31 Gates 103. Gates used to control vehicle access shall be designed as required by the Fire Department Gate Guidelines. Design criteria includes, stacking method of gate control, clear widths, and Knox systems for secured gates. Gate plan details shall be submitted to the Fire Prevention Division for review and approval prior to construction or map recordation. Access Road 104. 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. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. On- street Parallel Parkin 105. Where two -way traffic and on- street parallel parking on both sides occur, a 36 foot street width shall be provided. Cul -de -sacs 106. Where a cul -de -sac serves 15 or fewer units and is less than 800 feet in length, a 32 foot street width shall be provided. Where less than 32 feet is provided, a minimum of 25 feet of access shall be provided and all structures shall be fire sprinklered. Turnaround 107. Approved turnaround area provided where the access the main thoroughfare. Street Names s for fire apparatus shall be road is 150 feet or farther from 108. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center for review and approval. Street name signs shall be installed in conjunction with the road improvements. The 31 IIMOR_PRI SERVWOME FOLDERSIPPORTEWMPD961 IFINALCC.RES.DOC (A)GO 78 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 32 type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. Fire Hydrants 109. Prior to construction, the applicant shall submit plans to the Fire District for approval of the location of the hydrants. On plans, show existing hydrants within 300 feet of the development. Proposed hydrant is not acceptable. 110. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have one 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. Fi ra F1 nur 111. A minimum fire flow of 1,000 gallons per minute at 20 psi shall be provided at this location. The applicant shall verify that the water purveyor can provide the required volume at the project. Review of Plans for Fire Lanes 112. Prior to construction the applicant shall submit two (2) site plans to the Fire District for review and approval of the location of the fire lanes. The fire lanes shall be in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 32 IIMOR_PRI SERVWOME FOLDERSIPPORTERMRPMIIFINALCC .RES.DOC 000073 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 33 Address Directory Maps 113. Address directory maps shall be provided at each entrance indicating all streets, driveways, building numbers, unit numbers, and any additional information that would assist in locating individual units. Directory maps shall meet the requirements of the Fire District and shall be submitted to the Fire Prevention Division for review and approval prior to map recordation. Address Numbers 114. Address numbers, a minimum of 4 inches 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 150 feet 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. 115. A plan shall be submitted to the Fire District for review and approval indicating method in which buildings are to be identified by address numbers. Verification of Fire Flow 116. Prior to recordation, the applicant shall provide to the Fire District verification from the water purveyor that the purveyor can provide the required fire flow for the project. Assembly Areas 117. Building plans of occupant load of 50 District for review Fire Sprinklers 118. All buildings shall system. Plans shal District for review public assembly areas which have an or more, shall be submitted to the Fire and approval. be protected by an automatic sprinkler 1 be submitted with payment to the Fire and approval. 33 IWOR_PRI SERVWOME FOLDERSIPPORTERMRPD %IWINALCC.RES.DOC 000080 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 34 Grass and Brush Removal 119. All grass or brush exposing any structure (s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. Spark Arrestor 120. An approved spark arrestor shall be installed on the chimney of any structure(s). VCFD Form No. 126 121. Applicant shall obtain VCFD Form No. 126 "Requirements For Construction" prior to obtaining a building permit for any new structures or additions to existing structures. WATERWORKS DISTRICT NO 1 CONDITIONS: 122. Subject property is not within the boundaries of Ventura County Waterworks District No. 1 for water and sewer service. The property will have to be annexed to the to the District prior to final map approval. Applicant shall be required to comply with the Ventura County Waterworks District No. 1 Rules and Regulations including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions, thereto, and pay applicable fees. Any requirements by Ventura County Fire Protection District greater than the District's existing facilities are the responsibility of the applicant. Approval of Residential Planned Development Permit No. 96 -1 subject to compliance with the following conditions: DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS: Permitted Uses 1. The permit is granted for the land and project as identified 34 TIMOR PRI SERMOME_ FOLDIFRSIPPORTERWPMIIFINALCC .RES.DOC 00G061 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 35 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. Any change from the submitted product mix shall require approval of a modification to the Residential Planned Development Permit. Requirement for Affordable Housing Agreement 2. Approval of the Residential Planned Development Permit and Tentative Tract Map is conditioned upon execution of a Affordable Housing Agreement between the City of Moorpark and the applicant or developer. Compliance with the terms and conditions of this Agreement shall address affordable housing provisions. The Agreement is subject to the approval of the City Council, and if compliance of the Agreement is not achieved, the City Council may initiate a Reversion to Acreage or other procedure, and nullify the Residential Planned Development Permit and Tentative Map approval. Use Inauguration 3. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than three 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 two (2) one (1) year extensions for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial two year period and the applicant has concurrently requested a time extension to the tentative tract map. The request for extension of this entitlement shall be made at least 30 -days prior to the expiration date of the permit. Modification to Permit 4. All facilities and uses other than those specifically requested in the application are prohibited unless an application for a modification has been approved by the City of Moorpark. Any minor changes to this permit shall require 35 IWOR_PRI SERVWOME FOLDERSIPPORTERVMRPD9611FINALCC .RES.DOC ()0006211 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 36 the submittal of an application for a Minor Modification and any major changes to this permit shall require the submittal of a Major Modification as determined by the Director of Community Development. Other Regulations 5. The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable regulations of the RPD zone and all requirements and enactments of Federal, State, County, and City authorities, and all such requirements and enactments shall, by reference, become conditions of this permit. Graffiti Removal 6. The applicant or his successors and assigns, or the Homeowners' Association shall remove any graffiti within five (5) days from written notification from the City of Moorpark. All graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. Access Riahts 7. Prior to issuance of a Zoning Clearance for construction, the applicant shall dedicate all access rights over any access easements on private streets within the site in order to provide access for all governmental agencies providing the public safety, health and welfare services. Phasing 8. Any phasing shall be approved by the Director of Community Development. The Director shall avoid to the extent possible any impacts to existing residential areas from construction traffic. Effect of Conditions 9. 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. 36 OMOR_PRI SERVWOME FOWERSIPPORTERVARPD9611FINALCC .RES.DOC 00 008-3 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 37 Severabilit 10. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. Permittee Defense Costs 11. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. Acceptance of Conditions 12. 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. Suretv for Utilities 13. Prior to approval of a final map, the subdivider shall post sufficient surety to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed undergrounded to the nearest off -site utility pole. Prior to the issuance of an occupancy permit for the last house in the tract, all existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 69 KVA or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage roads of the site. All utility lines that must connect across Los Angeles Avenue shall be placed underground via an underground conduit. 37 IIMOR_PRI SERVWOME FOWERSIPPORTERMRPDWIWINALCC .RES.DOC 000084 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 38 Patio Covers, Accessory Structures and Second Story Decks 14. Patio covers adjacent to Maureen Lane shall adhere to the setback requirements as required in the City's Zoning Ordinance which requires a minimum ten (10) foot setback from property line. Patio covers and accessory structures for all other lots shall adhere to the following requirements: Rear yard setback: Minimum five feet for the post allowing the lattice cover overhang to come within three (3) feet of the rear yard wall or property line. Side yard setback: Minimum five (5) foot setback for the post allowing the lattice cover overhang to be within three (3) feet of the side yard wall or property line. Patio Height: The patio cover may not exceed a height of twelve (12) feet including support posts or beams. Patio area: The total area of the patio cover may not exceed more than 400 of the rear yard area. Enclosed patios, patio walls greater than 42 inches high, patio covers with solid roofs or any type of second story deck are prohibited. Rain Gutters and Downspouts 15. Rain gutters and downspout shall be provided on all sides of the structure for all units where there is a directional roof flow. Water shall be conveyed to the street or drives in non - corrosive devices as determined by the City Engineer. Roof Mounted Equipment 16. No roof mounted equipment (other than required vents) shall be permitted. Exceptions to this limitation must be approved by the Director of Community Development. 38 UMOR_PRI SERVWOME FOLDERSIPPOR TERWPD961%FINALCC.RES.D0C ()0G08� City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 39 Exterior Lighting 17. Exterior front yard lighting within the development shall be limited to illumination of entryways and address identification. Excessively bright and /or unshielded front door lighting shall be prohibited. Dedication of Access Riqhts 18. The applicant shall dedicate all access rights over any access easements on private streets within the project site in order to provide access for all governmental agencies providing Municipal Code compliance, public safety, health and welfare services. Energy Saving Devices 19. That all residential units shall be constructed employing energy saving devices. These devices are to include, but are not limited to the following: a. Ultra low flush toilets (to not exceed 1.6 gallons); b. Low water use shower controllers as required by Title 24 of the Uniform Building Code shall be placed on all shower facilities; c. Natural gas fueled stoves, ovens and ranges shall not have continuous burning pilot lights; d. All thermostats connected to the main space heating source shall have night set back features; e. To ensure closure when not in use kitchen ventilation systems shall have automatic dampers; and f. Hot water solar panel stub -outs shall be provided. Maintenance of Permit Area 20. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee or owner shall be required to remedy any defects 39 IIMOR_PRI SERVWOME FOLDERSIPPORTERUMRPD961 IFINALCC.RES.DOC 00010816 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 40 in ground maintenance, as indicated by the Code Enforcement Officer within five (5) days after notification. Archaeological or Historical Finds 21. If any archaeological or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. The developer shall be liable for the costs associated with the professional investigation. PRIOR TO ISSUANCE OF A GRADING PERMIT 22. The applicant shall indicate where the export of dirt from the site will be taken. If import dirt is to be brought to the site, the applicant shall state the number of cubic yards and location of the borrow site. The City shall approve the haul routes. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Dedication of Easement Adjacent to Maureen Lane 23. Prior to issuance of a Zoning Clearance for Construction, the applicant shall dedicate ten (10) feet adjacent to the homes adjacent to Maureen Lane as a permanent buffer area. Citywide Traffic Mitigation Fee 24. As a condition of the issuance of a building permit for each residential unit, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by the City in its sole and unfettered discretion. On the effective date of the Development Agreement, the amount of the Citywide Traffic Fee shall be $3,000 per dwelling unit. Commencing January 1, 2000, and annually thereafter, the Citywide 40 IIMOR_PRI SERVIHOME FOLDERSIPPORTERMRPD9611FINALCC .RES.DOC 00GOST City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 41 Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. Submittal of Landscape Plans 25. Prior to issuance of a Zoning Clearance for construction, a complete landscape plan, together with specifications shall be submitted to the Director of Community Development. The plans shall conform to the following: a. Three sets of plans shall be submitted for each plan check. b. Each sheet of the plans shall be wet stamped and signed by the project landscape architect. The project landscape architect shall be licensed by the State of California. c. The plans shall include the following landscape components as appropriate: demolition, construction, irrigation, planting, details and specifications. d. Unless otherwise specified in these project conditions, the plans shall be prepared in general conformance with the Submittal Requirements and Landscape Standards described in the Ventura County Landscape Design Criteria. e. A separate Maintenance Plan shall be prepared in accordance with the Approval /Installation Verification standards described in the Ventura County Landscape Design Criteria. f. Unless otherwise specified in these project conditions, the plans shall be prepared in substantial conformance with the approved conceptual plans for the project. 41 IIMOR_PRI SERVWOME FOW ERSIPPORTERWPDNITINALCC.RES.DOC (A)G SS City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 42 g. The applicant shall bear the full cost of landscape plan reviews, installation and inspections as deemed necessary by the Director of Community Development. h. Prior to initial review of the landscape plans, the applicant shall deposit funds for plan review in an amount specified by the Director of Community Development. The applicant shall deposit additional funds upon request as needed to cover all landscape plan check and inspection fees. Any deposit balance remaining following final approval of the installation shall be refunded to the applicant. The following notes shall be included on the plans and shall be project conditions: i. All plant material shall conform to the current issue of the American Standard for Nursery Stock published by the American Association of Nurserymen. ii. Prior to final inspection by the City of Moorpark, the applicant's landscape architect shall provide written certification to the City, stating that the installation is in substantial conformance with the approved landscape plans. iii. Prior to final inspection by the City of Moorpark, the applicant shall provide a written certification for the operation of the backflow device. i. Unless otherwise approved, all open parking areas shall have fifty percent (50 %) shade coverage by broad leaf canopy shade tree. Shade coverage is defined as the maximum shade area created by a tree at fifty percent (50% at maturity). j. The planting plan shall indicate the proposed locations of light standards. The lighting and tree locations shall be designed to avoid conflicts. k. All backflow preventers, transformers, and other above - grade utilities shall be appropriately screened with walls and /or plantings. 42 11M0R_PRI SERVINOME FOLDERSIPPORTERMRP09611FINALCC .RES.DOC City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 43 1. The planting and irrigation design shall comply with the State of California Model Water Efficient Landscape Ordinance. m. Prior to occupancy, the landscape installation shall be approved by the Director of Community Development. This approval shall be based upon written certification of the landscape installation by the City Landscape Consultant. n. Subsequent to occupancy, the landscaping shall be maintained in accordance with the approved Maintenance Plan. o. The landscape plan shall include planting and irrigation specifications for manufactured slopes and all common areas. p. A hedge, low wall, or mounding shall be constructed around the perimeter of the parking area to provide screening of the parking area from the surrounding streets. q. In the area of future buildings not under construction, turf and irrigation shall be installed. r. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: i. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. ii. All plant species utilized shall not exceed the Irrigation Water Allowance, as discussed in the State Model Water Efficient Landscape Ordinance. iii. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian (PD). 43 IIMOR_PR SERMOME FOLDERSIPPORTERMRPD9611FINALCC .RES.DOC 0®30JV City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 44 iv. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. V. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street (PD). vi. Earthen berms and /or low walls shall be provided to screen views of parked vehicles from access roads. vii. 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. viii. A coordinated tree planting program shall be developed which will provide a dominant theme tree within the components of the proposed development. ix. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. X. Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampus Grass, Spanish Broom, and Tamarisk shall not be used. xi. A riparian woodland planting program (or other planting program as approved by the Community Development Director) along the Arroyo Simi shall be included in the landscape plan. This planting plan should be designed to provide a nearly continuous canopy of local riparian woodland trees along the Arroyo margin within the project limits. Trees to be planted should include native 44 11MOR_PRI_SERMOME FOLDERSIPPORTERWPD9611FINALCC .RES.DOC OOCO' l City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 45 California broadleaf trees (Sycamore, Box Elder, Elderberry, Cottonwood, Alder, and other selected species). xii. The applicant shall install purple pipe in all common areas for the purpose of using reclaimed water when available. xiii. Additional landscaping shall be added to the site to compensate for the dollar value loss of the existing trees to be removed from the site. xiv. The street right -of -way plan shall provide that a 6 foot wide sidewalk and 8 foot parkway to be constructed along the Los Angeles Avenue property frontage. The parkway shall be located adjacent to the curb, on Lost Angeles Avenue, with the sidewalk lying south of the property line and the new parkway. There shall be a 20 slope for 1 foot behind the sidewalk. An 18 inch slough wall and planter adjacent to the sidewalk is an acceptable alternative to slopes and landscaping. xv. Prior to approval of the Final Map, the applicant shall provide an irrevocable offer of an easement and execute a 'Maintenance Agreement' between Cal Trans and the City subject to approval of Cal Trans and the City, to ensure maintenance of the landscaping within the Cal Trans right -of -way to the City and execute for the purpose of maintaining all landscaping along Los Angeles Avenue. Prior to approval of the Final Map, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping of the site adjacent to Los Angeles Avenue. The area referred to shall be all landscaped portions of the required setback area adjacent to the public right -of -way along the street frontages. The applicant shall be responsible for maintenance of the aforementioned area as well as the landscaping within the public right -of -way adjacent to the project. If the City 45 IIMOR_PRI SERMOME F0LDERSIPP0RTERWPD %IiFINALCC.RES.DOC 000014% City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 46 at it's sole discretion determines the landscape maintenance is determined to be unsatisfactory in any of the aforementioned areas, the City may invoke the offer of dedication and assume responsibility at the owner's expense for any or all of the aforementioned areas. The total cost of maintenance for the areas noted above shall be borne by the applicant. The City may at its sole discretion place the aforementioned areas in a landscape maintenance assessment district. The applicant shall record a covenant to this effect. The applicant shall maintain the right to protest the amount and spread of any proposed assessment, but not the formation of, or annexation to a maintenance assessment district. Construction Access Plan 26. The applicant shall submit a construction access plan to the Department of Community Development for review and approval by the Director of Community Development. Zonina Clearance 27. Prior to submittal 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 an applicant desires, construction plans may be submitted to the Building and Safety Department with a City approved Hold Harmless Agreement. A zoning Clearance shall be obtained prior to initiation of any grading or construction activity. If the applicant desires, grading may be initiated upon obtaining a grading permit and providing a City approved "Hold Harmless Agreement ". Submittal of Construction Drawings 28. All final construction working drawings, grading and drainage plans, plot plans, final map (if requested by the Director of Community Development), sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Director of Community Development for review and approval. 46 TIMOR PRI_SERVWOME FOLDERSIPPORTEWMPD96llFINALCC .RES.DOC 00CM)a City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 47 Revisions to Plans 29. The existing plans shall be revised by the applicant and approved by the Director of Community Development. The following revisions shall be made: a. The windows on all building elevations shall be provided with surrounds or other architectural features as approved by the Director of Community Development. b. All garage doors shall be of the roll -up sectional type and have automatic garage door openers. c. The recreational area shall contain a recreational building which will contain a shower and restroom facility as well as an exercise room. The outside facilities will include a pool (40'x75'), spa, tot lot and a recreational court. d. Entryways to the project as well as the courts and the walkway to the recreational area shall include decorative stamped concrete or other decorative surface as approved by the Director of Community Development. e. No wood fences are not permitted. The proposed wood fences shall be replaced with fences constructed of masonry or concrete products as approved of the Community Development Director. Trace 30. Any removal of trees and the method of tree replacement shall be approved by the Director of Community Development as part of the landscape plan submitted by the applicant. Outstandina Case Processina Fees 31. The applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to issuance of a Zoning Clearance. The applicant, permittee, or successors in interest, shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of the RPD. 47 ImOR_ PPo_ SERVWOME_ FOLDERSI PPORTERWPD9611FINALCC.RES.DOC 0 0 G J4 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 48 Traffic System Management Contribution 32. Prior to the issuance of a Zoning Clearance for construction, the permittee shall make a total contribution to the Moorpark Traffic Systems Management Fund (TSM) of $1,288.87 per unit to fund TSM programs or clean -fuel vehicles programs as determined by the City. Performance Bond 33. No Zoning Clearance may be issued for construction until all on -site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a Certificate of Deposit (CD)to guarantee the construction and maintenance of exterior improvements including, but not limited to perimeter tract walls (including stucco treatment), fences, slope planting or other landscape improvements not related to grading, private recreational facilities, etc. Said on -site improvements shall be completed within 60 days of issuance of a Certificate of Occupancy within a phase. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the deposit; however, the Certificate of Deposit must be kept in full effect for one year after the last occupancy to guarantee that items such as perimeter tract walls, including stucco treatment; landscaping; fences; slope planting or other landscape improvements not related to grading; private recreational facilities, etc. are maintained. Vents and Metal Flashing 34. All roof vents and metal flashing shall be painted to match the roof color. All deck drains shall drain to the side and not facing the private street. Private Recreational Facilities 35. All private recreational facilities shall be subject to the review and approval of the Community Development Director. 48 IIMOk_PRI_SERMOME FOLDERSIPPORTERUMRPD9611F1NALCC .RES.DOC 0000).5 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 49 A six (6) foot high wrought iron fence with pilasters shall be provided around the swimming pool area. All fences and walls shall be approved by the Director of Community Development. The height of the walls around the perimeter of the project shall be in substantial conformance with perimeter walls or fence details included in the project landscape plans. Sound attenuation referenced in any acoustical report prepared for the project shall be taken into account as necessary. All wall heights shall be in substantial conformance with preliminary architectural and landscape plans; the final wall design shall be prepared in consultation with the Director of Community Development. Landscaping berms and other planting techniques shall be employed to minimize the visual dominance around the development. 36. Solar panels for heating any swimming pool constructed within the development shall be subject to the approval of the Director of Community Development prior to the issuance of a Zoning Clearance for construction. All solar panels shall be designed so as to be part of the overall design of the structure supporting it. Bullnose Stucco Molding 37. Bullnose stucco molding shall be used to soften all exterior edges of residential buildings. Garage Size 38. Individual garages shall be 20 feet in length and 20 interior height of 8 feet. Adjacent Property Walls and Fences a minimum inside dimensions of feet in width with a minimum 39. All property line garden walls or wrought iron fences shall be no further than one inch from the property line. Provision for Image Conversion of Plans into Optical Format 40. Prior to issuance of the first Certificate of Occupancy, the builder shall provide to the City an image conversion of building, landscape, public improvement and site plans into 49 UMOR PRI_SERVWOME FOLDERSIPPORTERMMPD961 IFINALCC.RES.DOC 00G()yb- City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 50 an optical format acceptable to the City Clerk. Cable Service 41. Television cable service shall be provided to all residential units consistent with existing cable system requirements. Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of the residential buildings. Color of Exterior Building Materials 42. All exterior building materials and paint colors shall be those that were approved per the exhibits to the Department of Community Development. Ashestos 43. No asbestos pipe or construction materials shall be used. Public Nuisance 44. The Director of Community Development may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance ". The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the conditions of approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). Tree Removal Permit 45. The applicant shall obtain a Tree Removal Permit for any trees to be removed. As a condition of the Tree Removal Permit, the applicant shall provide an additional $10,700 worth of 24 inch box trees along the south and west property lines and other locations as approved by the Director of Community Development. This amount may be reduced by the amount of the value of any trees to remain. 50 IIMOR_PRI SERVWOME FOLDERSIPPORTEI ?MRPD%ITINALCC.RES.DOC ()OGW e City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 51 PRIOR TO THE ISSUANCE OF A BUILDING PERMIT CONDITIONS SHALL BE SATISFIED: Will Serve Letter THE FOLLOWING 46. An "Unconditional Will Serve Letter" for water and sewer service shall be obtained from the Ventura County Waterworks District No. 1. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Completion of Landscaping on Slopes and Front Yards and Payment of Fee for Crossina Guard 47. Landscaping on slopes shall be completed prior to issuance of the first Zoning Clearance for Occupancy and the front yard landscaping shall be completed for each lot prior to it's occupancy. A. Prior to the issuance of the first occupancy, applicant shall pay an amount to cover the costs associated with a crossing guard for five years at the then current rate when paid, plus the pro -rata cost of direct supervision for one crossing guard location and staff's administrative costs (calculated at fifteen percent of the above costs). Acceptance of On -Site Improvements 48. No Final Inspection approval shall be granted prior to acceptance of site improvements such as perimeter and retaining walls, landscaping, fences, slopes, private recreation areas, and other improvements not related to grading, etc., or the applicant has provided sufficient security as approved by the Director of Community Development to guarantee completion of the improvements. Said on -site improvements shall be completed within 60 days of issuance of Final Inspection approval. In case of 51 IIMOR_PRI SERWiOME FOLDERSIPPORTERWPD %IIFINALCC.RES.DOC 00009 8 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 52 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 satisfaction of the City, the City Council may reduce the amount of the surety. However, the surety must be kept in full effect for one year after initial occupancy to guarantee the items such as perimeter and retaining walls, landscaping, fences, slopes, private recreation areas, and other improvements not related to grading, etc. are maintained. 49. All related perimeter and garden walls shall be constructed prior to the issuance of a zoning clearance for occupancy. CITY ENGINEER CONDITIONS PRIOR TO ISSUANCE OF THE FIRST ZONE CLEARANCE FOR RESIDENTIAL CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 50. The applicant shall have recorded Tract Map 5053. The Conditions of Approval for Tentative Tract Map 5053 shall apply to Residential Planned Development Permit No. 96 -1 MOORPARK POLICE DEPARTMENT CONDITIONS Construction site security: 51. A licensed security guard is recommended during the off hours of the construction phase, or a 6' high chain link fence shall be erected around the construction site. 52.. Construction equipment, tools, etc. shall be properly secured to prevent theft during non - working hours. 53. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured to prevent theft prior to installation during non - working hours. All serial numbers shall be recorded for identification purposes. All building material shall be properly secured to prevent theft. 54. If an alarm system is used, it should be wired to all exterior doors, windows, roof vents or other roof openings where access may be made. 52 1WOk_PRI SERVWOME FOLDERSTPORTERWPD %11F /NALCC.RES.DOC 00000 0 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 53 Lighting: 55. Parkways shall be well lighted with a minimum maintained one foot candle of lighting at ground level. 56. Lighting devices shall be protected against the elements and constructed of vandal resistant materials. 57. Lighting devices shall be high enough to eliminate anyone on the ground from tampering with them. Landscaping: 58. Landscaping shall not cover any exterior door or window. 59. Landscaping at entrances /exits or at any intersection shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 60. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. Buildina access and visibilitv: 61. Address Numbers shall be placed on all buildings, in an obvious sequenced pattern, to be reviewed by the Police Department prior to designation. 62. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. FPYIRP.Q 63. Fences or fencing gates on side yards should be constructed of wrought iron spaced at 4" on center. This will allow for detection of intruders by neighbors. 64. Parking shall be prohibited in areas of driveways other than in designated parking spaces in front of garages, or other designated spaces. 53 twOR PRI_SERVWOME FOWERSIPPORTEMWPD961 1F /NALCC.RES.DOC i9OCIOQ City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 54 Security requirements: Requirements for Locks. 65. Upon occupancy by the owner or proprietor, each single unit in the same residential project or commercial building development, constructed under the same development plan, shall have locks using combinations which are interchange -free from locks used in all other separate dwellings, proprietorships or similar distinct occupancies within such residential project or commercial building development. Frames, Jambs, Strikes and Hinges. 66. In wood framing, horizontal blocking shall be placed between studs at door lock height for three (3) stud spaces each side of the door openings. Garage -type Doors. 67. All garage doors shall conform to the following standards: 68. Wood doors shall have panels a minimum of 5/16 inch in thickness with the locking hardware being attached to the support framing. 69. Aluminum doors shall be a minimum thickness of .0215 inches and riveted together a minimum of eighteen (18) inches on center along the outside seams. There shall be a full width horizontal beam attached to the main door structure which shall meet the pilot, or pedestrian access, door framing within three (3) inches of the strike area of the pilot or pedestrian access door. 70. Fiberglass doors shall have panels a minimum density of six ounces per square foot from the bottom of the door to a height of seven (7) feet. Panels above seven (7) feet and panels in residential structures shall have a density not less that five (5) ounces per square foot. 71. Doors utilizing a cylinder lock shall have a minimum five -pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one (1) 54 IIMOR_PRI SERVWOME FOLDERSIPPORTERIMIRPD9611FINALCC .RES.DOC - 000201. City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 55 inch. 72. Doors that exceed 16 feet in width, but do not exceed 19 feet in width, shall have the following options as to locking devices: a. Two lock - receiving points, or one garage- door -type slide bolt may be used if mounted no higher that 26 inches from the bottom of the door; b. A single bolt may be used if placed in the center of the door with the locking point located either at the floor or door frame header. c. Torsion spring counter balance type hardware may be used if such hardware substantially complies with the requirements of this chapter. 73. Except in a residential building, doors secured by electrical operation shall have a keyed switch to open the door when in a closed position, or shall have a signal locking device to open the door. 74. Doors with slide bolt assemblies shall have frames of a minimum of .120 inches in thickness, with a minimum bolt diameter of one -half inch and protrude at least 1 inch into the receiving guide. A bolt diameter of 3/8 inch may be used in a residential building. The slide bolt shall be attached to the door with non - removable bolts from the outside. Rivets shall not be used to attach slide bolt assemblies. 75. Except in a residential building, padlock(s) used with exterior mounted slide bolt(s) shall have a hardened steel shackle locking both at head and toe and a minimum five pin tumbler operation with non - removable key when in an unlocked position. Padlock(s) used with interior mounted slide bolts(s) shall have a hardened steel shackle with a minimum four -pin tumbler operation. Special Building Provisions - Residential. 76. Except for vehicular access doors, doors of any residential building including the door leading from the all exterior swinging and attached garages, garage area into the 55 IIMOR_PRI SERVWOME FOLDERSIPPORTERMRPD %lWINALCC.RES.DOC City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 56 dwelling unit shall be equipped as follows: a. All wood doors shall be of solid core construction with a minimum thickness of 1 -3/4 inches, or with panels not less than 9/16 inch thick. b. A single or double door shall be equipped with a single cylinder dead bolt lock. The bolt shall have a minimum projection of one (1) inch and be constructed so as to repel cutting tool attack. The dead bolt shall have an embedment of at least 3/4 inch into the strike receiving the projected bolt. The cylinder shall have a cylinder guard, a minimum of five (5) pin tumblers, and shall be connected to the inner portion of the lock by connecting screws of at least 1/4 inch in diameter. A dual locking mechanism constructed so that both dead bolt and latch can be retracted by a single action of the inside door knob, or lever, may be substituted, provided it meets all other specifications for locking devices. c. Door jambs shall be installed with solid backing in such a manner that no voids exist between the strike side of the jamb and the frame opening for a vertical distance of six (6 ") inches on each side of the strike. d. Door stops on wooden jambs for in swinging doors shall be of one piece construction with the jamb. Jambs for all doors shall be constructed or protected as to prevent the violation of the strike. e. The strike plate for dead bolts on all wood framed doors shall be constructed of minimum sixteen (16) U.S. gauge steel, bronze or brass and secured to the jamb by a minimum of two (2) screws, which must penetrate at least two (2) inches into solid backing beyond the surface to which the strike is attached f. Hinges for out - swinging doors shall be equipped with non - removable hinge pins or a mechanical interlock to prevent removal of the hinge pins from the exterior of the door. g. The inactive leaf of double door(s) shall be equipped with metal flush bolts having a minimum embedment of 5/8 inch into the head and threshold of the door frame. 56 IWOR_PRI SERVWOME FOLDERSIPPORTERWPD %IIFINALCC.RES.DOC OOGIL03 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 57 h. Glazing in exterior doors or within 12 inches of any locking mechanism shall be of fully tempered glass or rated burglary resistant glazing. i. Except where clear vision panels are installed, all front exterior doors shall be equipped with a wide angle (180 degree) door viewer not to be mounted more than 58 inches from the bottom of the door. 77. Street numbers and other identifying data shall be displayed as follows: a. All residential dwellings shall display a street number in a prominent location on the street side of the residence in such a position that the number is easily visible to approaching emergency vehicles. The numerals shall be no less than four (4) inches in height and shall be of a contrasting color to the background to which they are attached. Dwellings shall have these numerals illuminated during the hours of darkness. b. There shall be positioned at each entrance of a single family dwelling complex an illuminated diagrammatic representation of the complex which shows the location of the viewer and the unit designations within the complex. In addition, each individual unit within the complex shall display a prominent identification number, not less than four (4) inches in height, which is easily visible to approaching vehicular and /or pedestrian traffic. 78. Lighting in single family dwellings shall be as follows: a. Aisles, passageways and recesses related to and within the building complex shall be illuminated with an intensity of at least twenty -five one hundredths (.25) foot candles at the ground level during the hours of darkness. Lighting devices shall be protected by weather and vandalism resistant covers. b. Open parking lots and carports shall be provided with a maintained minimum of one foot candle of light on the parking surface during the hours of darkness. Lighting devices shall be protected by weather and vandalism 57 IIMOR_PRI SERVVIOME FOLDERSIPPORTERIMU2PD9611FINALCC .RES.DOC 006104 City Council Resolution Residential Planned Development Permit No. 96-1 Vesting Tentative Tract Map No. 5053 Page 58 resistant covers. WATERWORKS DISTRICT NO 1 CONDITION: 79. Applicant for service shall comply with the Ventura County Waterworks District No. 1 Rules and Regulations. FIRE DEPARTMENT CONDITION: The Conditions of Approval for Tentative Tract Map No. 5053 shall apply to Residential Planned Development Permit No. 96 -1. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS 80. Applicant shall pay the current developer fee of $1.84 per square foot as a minimum. 81. The applicant shall establish a safe student pedestrian thoroughfare. AIR POLLUTION CONTROL DISTRICT CONDITIONS 82. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (ie., greater than 20 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. 83. All trucks that will haul excavated or graded material off - site shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114 (b)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. 84. All unpaved on -site roads shall be periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 85. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of fugitive dust. 86. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 58 IWOR_ PRI_ SERVWOME_ FOLDERSIPPORTERIMU2PD9611FINALCC .RES.DOC City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 59 87. On -site vehicle speeds shall not exceed 15 miles per hour. 88. Equipment engines shall be maintained in good condition and in proper tune as per manufacturers specifications. 89. Face masks are to be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust which may contain the fungus that causes San Joaquin Valley Fever. Dust also acts as a lung irritant and can cause lung damage. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS (VCFCD) 90. All connections to the Arroyo Simi shall be subject to review, approval and permitting by the VCFCD. The development shall limit the discharge to the Arroyo Simi to a 10 -year flow rate. There shall be no discharge from the development to the Shasta Drain. Deed restrictions shall be placed on the property to ensure maintenance of storm drainage facilities discharging to the Arroyo Simi. 91. The development shall be undertaken in accordance with the conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, National Pollutant Discharge Elimination System (NPDES) Permit No. CAS063339. Any existing or proposed drain connections to VCFCD jurisdictional facilities will require application of appropriate Best Management Practices (BMPs) such as filters, landscape areas for filtration, and /or basins installed to treat stormwater runoff prior to its discharge to the storm drain system. The project construction plans shall incorporate the BMPs applicable to the development for the review and approval of VCFCD. 92. The proposed flood control right -of -way shall be dedicated in fee to the VCFCD. 93. Drainage shall be installed along the proposed right -of -way to collect and direct flow to a single discharge point. 94. A hydrology and hydraulic report is required to analyze the impact of the development on the capacity of the Arroyo Simi. A channel stability study should also be included in 59 11MOR PRI_SERMOME FOLDERSIPPORTEWMPD9611FINALCC .RES.DOC 0061.06 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 60 the report. Channel improvements may be required to improve the Arroyo's existing condition, and to mitigate the impact of the development. 95. An Encroachment Permit is required for any improvement in the District's right -of -way. 96. The project is subject to the requirements and the mitigation measures of the Countywide Stormwater Quality Management Program. All necessary facilities to treat the entire first flush stormwater pollutant load from the site must be provided prior to discharge to VCFCD channel. COUNTY OF VENTURA ENVIRONMENTAL HEALTH DIVISION CONDITION 97. Prior to issuance of a Building Permit to the recreation area of the project, the applicant shall obtain plan check approval of the swimming pool from the County of Ventura Environmental Health Division. 60 11MOR_PRL SERMOME FOLDERSIPPORTERUNIRPD %IWINALCC.RES.DOC City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 61 MITIGATION MONITORING PROGRAM FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 96 -1 AND TENTATIVE TRACT MAP NO. 5053 Geologic Mitigation • The applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved tentative map, 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 completion. • Concurrent with submittal of the rough grading plan an erosion control plan shall be submitted to the City for review and approval by the City Engineer. Along with these erosion control measures, hydroseeding and temporary irrigation shall be provided on all graded slopes within 30 days of completion of grading on those slopes. • The applicant shall submit to the City of Moorpark for review and approval, detailed Soils and Geology Reports certified by a Registered Civil Engineer in the State of California. The geotechnical report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. In addition, the soils report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. All recommendations included in the geotechnical and geology reports shall be implemented during project design, grading, and construction. Monitoring The City Engineer will assure that the recommendations in the reports are adhered to prior to the issuance of a grading permit. 61 IIMOR_PRI SERMOME FOLDERSIPPORTERMRPDWIIFINALCC .RES.DOC C;0C1.()8 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 62 Water Mitigation Storm Water Runoff and Flood Control Planni The Subdivider /Developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied before and after development: • 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: • All storm drains shall carry a 50 -year frequency storm; • All catch basins shall carry a 50 -year storm; • 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; • All culverts shall carry a 100 -year frequency storm; • Drainage facilities shall be provided such that surface flows are intercepted and contained in an underground storm drain prior to entering collector or secondary roadways; • Under a 50 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector street shall have a minimum of one dry travel lane in each direction. 62 WM PRI_SERMOME FOLDERSIPPORTERWPMIIFINALCC .RES.DOC OCALVV City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 63 • 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 Developer; • All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; • If the land to be occupied is in an area of special flood hazard, the Developer 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. • 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 owner unless otherwise approved by the City Council. • 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. • 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. • The Subdivider /Developer shall demonstrate for each building pad within the Tentative Map area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: • Adequate protection from a 100 -year frequency storm • Feasible access during a 50 -year frequency storm. • Hydrology calculations shall be per current Ventura County Standards. • The placement of the ten (10) foot wide storm drain that 63 OMOR PRI_ SERWiOME_ F0LDERSIPPORTEWRPD961lFINALCC .RES.DOC (300-1.0 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 64 traverses across Tract 5053 is an integral part of the overall drainage pattern that affects this map. Completion of this storm drain facility is required and the width of the easement for this storm drain shall be approved by the Ventura County Flood Control District. • The Subdivider /Developer shall demonstrate that, upon occurrence of the failure of the storm drain system a the intersection of West Street and South Street, the storm overflow will pass to Arroyo Simi without flooding adjacent housing. National Pollutant Discharge Elimination System ( NPDES) • Prior to the issuance of any [construction /grading permit] and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Storm water Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. • Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" • The Subdivider /Developer shall also comply with NPDES objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. • Development shall be undertaken in accordance with conditions and requirements of the Ventura Countrywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. • The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. • All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo" • Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. • Parking and associated drive areas with 5 or more spaces shall be designed to minimize degradation of stormwater quality. Best Management Practices, such as oil /water separators, sand filters, landscaped areas for infiltration, basins or approved 64 TIMOR_ PRI_ SERmOME_ FOLDERSIPPORTERWPDZIIFINALCC .RES.DOC CUC L11 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 65 equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted to the City Engineer for review and approval prior to the issuance of a building permit. • 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. 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 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 Developer will be responsible for all costs charged by the FEMA and the City's administrative costs. • All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. • The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities (if applicable) must also be acceptable to the Ventura County Flood Control District. • The following requirements shall be included in the CC &R's • All property areas shall be maintained free of litter /debris. • All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. • Private roads and parking lots /drive - throughs shall be 65 IWOR PRI_SERVWOME FOLDERSIPPORTERIMIRPD9611FINALCC .RES.DOC 0001.1.2 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 66 maintained free of litter /debris. Sidewalks, parking lots and drive - throughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain If any cleaning agent or degreaser is used, washwater shall not discharge to the storm drains; washwater should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. • All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. • Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. • Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. Area shall be paved with impermeable material. No other area shall drain onto these areas. There shall be no drain connected from the trash enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. National Pollutant Discharge Elimination System ( NPDES) • Prior to the issuance of any [construction /grading permit] and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Stormwater Pollution Control Plan ( SWPCP), on the form provided by the City for the review and approval of the City Engineer. • The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 66 11MOR_PRI SERVIHOME FOLDERSIPPORTERVMRP09611FIN4LCC .RES.DOC 0Q0:113 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 67 • The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to stormwater and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. • Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Hanr1hnnkP1' • Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant /owner shall comply with all additional requirements of this General Permit including preparation of a Stormwater Pollution Prevention Plan ( SWPPP) • The Subdivider /Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. • The Subdivider /Developer shall also comply with NPDES objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. • Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. • The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for 67 IIMOR_PRI_SERVWOME FOLDERSIPPORTERWRPMIIFINALCC .RES.DOC 00011.4 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 68 the review and approval of the City Engineer. Air Quality Mitigation According to the County of Ventura Guidelines for the Preparation of Air Quality Impact Analysis, the project can be mitigated by paying a contribution to the TSM fund for a three year period for each pound over the 25 pound per day threshold for the first year and then providing for an increase of 4% for each of the remaining two years. Therefore a conditions has been placed on the project requiring that a contribution be paid in the amount of $1,288.87 for each of the residential units prior to the issuance of a Zoning Clearance for construction. Monitorin The City Engineer will assure that the drainage plans are approved prior to development of the property. Transportation Mitigation Street Improvement Requirements • The Subdivider /Developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by 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. Public streets shall conform to the Ventura County Road Standards (most recent version). • The street right -of -way improvements shall include concrete curb and gutter, parkways, new street lights, and signing, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The developer shall dedicate any additional right -of -way necessary to make all of the required improvements. Los Angeles Avenue • The street right -of -way plan shall provide that a 6 foot wide sidewalk and 8 foot parkway to be constructed along the Los Angeles Avenue property frontage. The parkway shall be 68 IWOR PRI SERW HOME_ FOLDERSIPPORTERUMRPD9611FINALCC .RES.DOC 00011.5 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 69 located adjacent to the curb, on Los Angeles Avenue, with the sidewalk lying south of the property line and the new parkway. There shall be a 2% slope for 1 foot behind the sidewalk. An 18 inch slough wall and planter adjacent to the sidewalk is an acceptable alternative to slopes and landscaping. • Entrance curb returns shall be 45 foot radius. • The entrance at West Street shall be posted "No Trucks ". Other Streets • "North ", "South ", "East" and "West" streets shall be designed per Ventura County Standard Plate B -5A. Shasta Avenue Design shall be as shown in the tentative map modified to separate the sidewalks from the curbs with 6 feet of landscaped parkway. • The entrance gate for the West Street entrance shall be located a minimum of 140 feet south of the southerly Los Angeles Avenue curb line. • Prior to final map approval, the Developer shall pay to 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 developer would not have to pay the AOC fee. • Prior to recordation of the Final Map, the applicant shall pay a Citywide Traffic Mitigation Fee of $3,000 for each of the residential units. Monitoring Prior to recordation of the Final Map and /or occupancy, the Department of Community Development and the City Engineer will ensure that the conditions have been satisfied. 69 IWOk_ PRI_ SERVWOME_ FOLDERSIPPORTERWPMIIFINALCC .RES.DOC 000116 City Council Resolution Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 70 PASSED, APPROVED, AND ADOPTED THIS DAY OF DECEMBER, 1998 ATTEST: Deborah S. Traffenstedt City Clerk Patrick Hunter, Mayor 70 WWOR_ PRI_ SERVWOME_ FOLDERSPPORTERUMRPD9611FINALCC .RES.DOC 0001.117 Agenda Report City of'Moorpark TO: The Honorable City Council FROM: Nelson Miller, Director of C0771t, Paul Porter, Principal Planne -ITEM q •G Development DATE: November 18, 1998 (CC meeting of December 2, 1998) SUBJECT: CONSIDER REQUEST ON THE APPLICATION OF PACIFIC COMMUNITIES TO APPROVE: 1) GENERAL PLAN AMENDMENT NO. 96 -2 FOR A CHANGE IN THE LAND USE DESIGNATION OF THE LAND USE ELEMENT OF THE GENERAL PLAN FROM HIGH (H) (HIGH DENSITY RESIDENTIAL 7 DU /ACRE MAXIMUM) AND VERY HIGH (VH) (15DU /ACRE MAXIMUM) TO HIGH DENSITY RESIDENTIAL (H) ; 2) VESTING TENTATIVE TRACT MAP NO 5053 FOR 303 NUMBERED AND 6 LETTERED LOTS; 3) RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 96 -1 FOR 303 RESIDENTIAL UNITS; 4) DEVELOPMENT AGREEMENT NO. 98 -2; AND 5) ZONE CHANGE NO. 96 -2 FOR A CHANGE IN THE ZONING DESIGNATION ON THE PROPERTY FROM RPD (RESIDENTIAL PLANNED DEVELOPMENT PERMIT) 13 AND 5.3 UNITS PER ACRE TO RPD 8.7 UNITS PER ACRE, ON 35.23 ACRES ON THE SOUTH SIDE OF LOS ANGELES AVENUE IN THE VICINITY OF MAUREEN LANE AND GOLDMAN AVENUE (ASSESSOR PARCEL NOS.: 506 -0 -03 -135, 145, 155, 165 AND 185) Summary: Pacific Communities is applying for a General Plan Amendment and Zone Change as well as a Residential Planned Development Permit and Vesting Tentative Tract Map to allow the development of 303 dwelling units on single lots similar to the Mirabella Tract (Tract No. 4637) in Mountain Meadows. The proposed project will have convenient access to Los Angeles Avenue and be consistent with the overall community goal of developing a residential community which. is accessible to employment, transportation, shopping, medical and other services. The applicant has agreed to a Development Agreement with the City in which the Developer will provide eleven homes for sale to very low income buyers, thirty -five homes for sale to low income buyers, and one hundred homes to moderate income buyers. There is also a provision concerning financial contributions. ATTACHMENT 5 - C, O 1.1.g IP qP City Council Staff Report December 2, 1998 Page No. 2 BACKGROUND: Pacific Communities has requested General Plan Amendment No. 96 -2, Zone Change No. 96 -2, Tentative Tract Map No. 5053, Residential Planned Development Permit No. 96 -4 and Development Agreement No. 98 -2 for a project of 303 single family detached single family dwellings clustered around several cul -de -sac streets on small lots. The proposed project replaces the projects approved by Resolution No. 91 -785 which approved Tentative Tract Map Nos. 4726 and 4738, Residential Planned Development Permits 90 -2, 90 -3 and 90 -4, General Plan Amendment 90 -1 and Zone Change 90 -2 on the application of Westland Company. The City Council approved Residential Planned Development Permit No. 90 -4 for 116 single - family residential units and Residential Planned Development Permits Nos. 90 -2 and 90 -3 for 175 multi - family condominium units. The project was not built and the Tentative Maps have expired. The project is located on the south side of Los Angeles Avenue, opposite Shasta and Goldman Avenues. This project was approved for processing of a General Plan Amendment and Zone Change on October 16, 1996. The Affordable Housing /Community Development Committee had discussed this project on several occasions and reached general consensus on several deal points for a Development Agreement. Upon recommendation of the Affordable Housing /Community Development Committee, City Council approved concurrent processing of the related applications on May 21, 1997. The project was subsequently redesigned to address storm drain easements including a storm facility identified in the Gabbert /Walnut Drainage Deficiency Study. Project Description The applicant is proposing to build 303 single - family residential dwelling units ranging in size from 966 square feet to 1980 square feet in size on approximately 35.23 acres for a density of approximately 8.66 units per gross acre. The development will have private streets on which parking will be allowed outside of the courtyard areas. There will be two recreation areas, one containing a pool, spa, recreation building and a 6,000 square foot tot lot containing items such as a swing, slide, climber and sandbox. The architectural style of this project is Spanish Eclectic (variety of styles of Spanish architecture) with eight models. The minimum setback from a residential structure to Maureen Lane is 20 feet and the minimum setback from the property \ \NOR PRI SERV\HOME_ FOLDERS \PPORTER\M \RPD961 \2DEC98.CC.DOC 2 0 O 01V) City Council Staff Report December 2, 1998 Page No. 3 line on Los Angeles Avenue to a dwelling will be approximately 31 feet to curb face. The general, issues discussed at the Planning Commission hearings relate to the recreational area, traffic, buffer area and the buffer adjacent to Maureen Lane which are discussed on the next page. For additional information and discussion of issues, refer to the Planning Commission staff reports of April 13, 1998 and June 8, 1998. Planning Commission Public Hearings The project was presented to the Planning Commission for consideration on April 13, May 11 and June 8, 1998, and the Planning Commission recommended approval in June, 1998, following redesign which eliminated two proposed units for a new total of 303 units. The Planning Commission had several concerns regarding the proposed project. The concerns and resolution to the Commission's concerns are as follows: The applicant provided a second recreational area which will consist of a tot lot area. The type of equipment proposed will be items such as a swing, slide, climber and sandbox. The final type of equipment to be used will be determined at the time construction drawings are reviewed by the City. In order to accommodate the additional recreation area, the applicant has deleted two units (unit Nos. 50 and 51) at the southwest corner of the project adjacent to the south loop street. In addition, the size of the pool at the main recreation area has been increased in size from 25' x 60' to 40' x 751. • - _ .. -_ -. . .- - MGM - • - _ . According to the applicant's traffic report, the highest incoming traffic will occur in the PM and will approach 200 trips per hour. The distribution of traffic will be 70/30 between the Shasta entry and West_Loop entry. The maximum incoming traffic for the main entry will be approximately 140 trips per hour. As proposed, the \ \MOR PRI SLAV \HOME_ FOLDERS \PPORTER \M \RPD961 \2DEC9B.CC.DOC 3 '* 000120 City Council Staff Report December 2, 1998 Page No. 4 project has three incoming lanes each approximately 15o feet in length each of which could accommodate up to 7 cars. The lane on the outside will be used as Resident Only /Express Lane. The other two lanes will be used for Guests /Residents. Theoretically, the main entry should have a stacking capacity of 15 to 18 vehicles. However, the maximum incoming traffic every three minutes will be approximately 7. Also, the normal operation of the gate will be set so that it will not be closed during the peak hours, which will virtually eliminate the potential for congestion and inadequate area for stacking. -- - ow 6_ &Z Eve W a ME The applicant revised the project to provide for the buffer to be included within the individual lots as discussed at the Planning Commission hearing on May 11, 1998. The proposed Brisbane Box trees in the buffer area are designed to provide screening above the ground floor level. As proposed, each individual property owner will maintain the area within their private rear yard area. Development Agreement At the City Council meeting on October 21, 1998, the Council directed staff to schedule the Development Agreement for consideration by the Planning Commission at a public hearing on November 9, 1998. The Planning Commission held a public hearing on the Development Agreement on November 9, but continued the hearing to November 23, due to a 2 -2 split vote regarding its recommendation. A separate report will be provided with Planning Commission recommendations from the meeting of November 23, 1998. The Developer has agreed to provide eleven homes for sale to very low income buyers, thirty -five homes for sale to low income buyers, and one hundred homes for sale to moderate income buyers. Section 6 of the Development Agreement specifies the Affordable Housing provisions and other Developer Agreement items such as financial contributions to the City. Section 6.19 specifies that an Affordable Housing Implementation and Resale Restriction Plan further delineating the affordable housing provisions shall be approved by the City prior to approval of the Final Tract Map. Section 7 specifies the City agreements. Other sections are general provisions similar to those included in other recent Development Agreements. \ \MOR_PRI_SERV \HOME_ FOLDERS \PPORTER \M \RPD961 \2DEC98.CC.DOC ..* City Council Staff Report December 2, 1998 Page No. 5 The potential environmental impacts concerning this Development Agreement relates to and would provide for financing and construction of various improvements and facilities relating to the project area which have already been addressed by the Mitigated Negative Declaration prepared for the General Plan Amendment, Zone Change, Tentative Tract Map and Residential Planned Development Permit. Recommendations: 1. Open the public hearing and accept public testimony and close the public hearing. 2. Review, consider, and approve the Mitigated Negative Declaration and Mitigation Monitoring Program. 3. Defer action of adoption of Resolution No. 98- approving General Plan Amendment No. 96 -1 until time of second reading of Zone Change and Development Agreement. 4. Introduce Ordinance No. 98 approving Zone Change No. 96 -2 for first reading and defer second reading until time of second reading or until the City Council takes action on the General Plan Amendment and second reading of Ordinance approving Development Agreement. 5. Introduce Ordinance No. approving the Development Agreement between the City and Pacific Communities for first reading. 6. Adopt Resolution No. 98- , approving Residential Planned Development No. 96 -1 and Vesting Tentative Tract Map No. 5053 Attachments 1. Draft Resolution approving General Plan Amendment 2. Draft Ordinance approving Zone Change No. 96 -2 3. Draft Ordinance approving Development Agreement No. 98 -2 with Development Agreement between the City and Pacific Communities 4. Draft Resolution approving Residential Planned Development Permit No. 96 -1 and Vesting Tentative Tract Map No. 5053 5. General Plan Map 6. Zoning Map 7. Planning Commission Staff Reports Dated April 13, and June 8, 1998, Mitigated Negative Declaration /Initial Study and Mitigation Monitoring Program. \ \MOR_PRI_SERV \HOME_ FOLDERS \PPORSER \M \RPD961 \2DEC98.CC.DOC IP *P 000122 City Council Staff Report December 2, 1998 Page No. 6 8. Planning Commission Resolution No. 98 -356 with Conditions 9. Project Exhibits \ \MOR PRI SERV \HOME FOLDERS \PPORTER \M \RPD961 \2DEC98.CC.DOC •' ()()()123 e �t i■ as '.im ■ ■■ S W- �lowm I 9 LOXAM =§. !! oi yH 11 t��vuV ■e I /alH�a Ifs li mod I ■I II�I�� 1111 ■� /t7� rr�7G�e■a.�1 ,IllfilO _ P .. f 1■■11� a n � e ,6 J %- Um -- !'t7 r•7 ■ ■oal a .. 0 we ins 1_ ■ .. -■■ ■ • ■ / / /1���-do -o Lei :• — Now a Eggs 1/1111 Ing-'RI To- ■ 'r I u •�— - �_ •- 11':_1'1 " -� - : a. rZ1 ILL .70 't `s w IT -A lis- �� 1 -? � -. �11<Ii /I� ■� 1�1•• Jar- _ • 1�+• - -� � • • • .r s •- _ -� r/ .�, /ice o \,�": ti..' "'�- ` a�.:I:: ►NMI /� / /�! ♦� ~` � ,•t�.�f.Z ,��'`j �r rte• M,l •..V t.'r r� -rl r.ra R r n, a. -- i l ISIIIIUiISIIS ■11111111 PLANNING COMMISSION HEARING DATES April 13, AGENDA ITEM: 9.A. PROJECT: STAFF REPORT 1998, 7:00 p.m. Vesting Tentative Tract Map No. 5053 Residential Planned Development Permit No. 96 -1 APPLICANT: Pacific Communities Builder, Inc. REQUEST: Vesting Tentative Tract Map No. -5053 is for a subdivision of approximately 35.23 gross acres into 305 numbered lots and 5 lettered lots for an overall density of approximately 8.66 units per gross acre. Residential Planned Development Permit No. 96 -1 is a request for 305 residential units ranging from 966 square feet to 1980 square feet.. LOCATION AND SETTING: The project is located on the south side of Los Angeles Avenue (State Route 118) at 850 West Los Angeles Avenue at the intersection of Shasta Avenue and Goldman Avenue. The Assessors Parcel Numbers: 506 -03 -135, 145, 155, 165 and 180. This site is situated adjacent to the Arroyo Simi which is channelized at this location and flows southwesterly through the Little Simi Valley. The topography of the parcel is mostly flat with a slight southerly trending slope toward the Arroyo. Soils C: \M \RPD)61 \STT"T.PC 1 0: \lm \PC- minutes \99PCm1n \97ITEM#.wpd /10:34 AM ATTACHMENT 8 000126 Planning Commission Staff Report Pacific Communities Builder, Inc. VTT Map No. 5053 and RPD 96 -1 April 8, 1998 Page 2 are comprised of deep, Holocene period alluvium deposited by the Arroyo Simi. Nearly all native vegetation was removed during the early part of the 20th century when dry farming agricultural operations were established. At this time the dominant vegetation on the property is concentrated around the perimeter of the parcel where thick stands of non - native vegetation and introduced specimen trees define the property's perimeter on the north, east and west. LOCATION MAP: caw WWU Sop and a* 0* EVEW" sr ck, Mot • • Fn Station M442 6LYfrt N CWWW'fy C~ t+ 0 AA ET t; %M—W L&" • 9 11t; a SK -W M btildog sU Sdaty • W.H ST. aW Tom &a n AlHwao Wtiel'nY _• Ot PowoExTEx AYE I •� ., � � � rrasr n aoeohn FAL* ( Y0.= �,al SECOMO " " Rlfi+ tAS P AVE sae ST g C TMPia sr sARN+ A 1 w,t onre. Y AVE LASSEN SUSAN union • ca • CL f7 ST Pks• Toan coder Roevrrs aaaarow 3 $ F1-r ANGELES cy 20W A '""�°• S� SF~ AVE w« Dwid t; y 3�r s SITE Q � Wr CT I aaU�11EY .. � y� co ......... � Cr m cxmc MMl14STFR Sr ........ Arroyo Vista ......... :.:::..:.. .. ....... )ow ........ Community Park 1C i C: \M \"D961 \S Fr.PC 2 0. W 0001.217 Planning Commission Staff Report Pacific Communities Builder, Inc. VTT Map No. 5053 and RPD 96 -1 April 8, _1998 Page 3 GENERAL PLAN, ZONING DESIGNATION AND EXISTING USES ON -SITE AND ON SURROUNDING PROPERTIES: *Existing General Plan D aignatinn F is ink nnin- FxiGtinZ 7a Site: H and VH (High and Very High Density) North: M (Medium Density) Residential Planned Previous Structures Development (RPD) 5.3 have been and RPD 13 removed units per acre M -1 (Industrial Park District and R -1 -8) South: OS -2 (Open Space 2) Open Space East: C -2 (General CPD (Commercial Commercial) Planned Development) Industrial & Residential Arroyo Simi Vacant West: L (Low Density RE (Rural Exclusive) Residential Residential) and RO (Rural Estate) * VH (High Density Residential - 15 units per acre maximum) H (High Density - 7 units per acre maximum) M (Medium Density) - 4 units per acre maximum) OS -2 (Open Space - 1 unit per 40 acres maximum) The existing site contains five structures related to a previous greenhouse operation. BACKGROUND/ PRIOR ACTIONS: On August 7, 1991, the City Council approved Resolution No. 91 -785 Certifying the Final EIR, adopting a statement of Overriding Considerations and approving the Mitigation Monitoring Program for Tentative Tract (TTM) Map Nos. 4726 and 4738, Residential Planned Development (RPD) Permits 90 -2, 90 -3, and 90 -4, General Plan C-\M \R"941 \STrM.PC 3 •* 000128 Planning Commission Staff Report Pacific Communities Builder, Inc. VTT Map No. 5053_ and RPD 96 -1 April 8,-1998 Page 4 Amendment (GPA) 90 -1 and Zone Change (ZC) 90 -2 on the application of Westland Company. The General Plan land use designation was changed to VH (Very High Density Residential) for the multi - family and H (High Density Residential) for the single family component of the proposed project. The City Council approved Residential Planned Development Permit No. 90 -4 for 116 single - family residential units and Residential Planned Development Permit Nos. 90 -2 and 90 -3 for 175 multi - family condominium units. The project was not built and the Tentative Maps have expired. The City Council authorized the applicant to submit and staff to process General Plan Amendment No. 96 -1 to change the Land Use Designation of the General Plan from High (H) (High Density Residential) 7 du per acre and Very High Density (VH) (15 du per acre) to H (High Density)and Zone Change No. 96 -2 for a change in the zoning designation on the property from RPD (Residential Planned Development) 13 units per acre and 5.3 dwelling units per acre to RPD 8.7 dwelling units per acre. PROJECT COMPLETENESS/ PROCESSING EXPIRATION DATE: The project was originally deemed incomplete on September 24, 1996. Since the initial incompleteness of the project, the applicant has worked to complete the application submitting additional documents, the most recent received on January 28, 1998. In accordance with City policy, all projects must be consistent with the General Plan and Zoning Code to be deemed complete. SIZE OF PROPERTY: 35.23 acres(gross - size of property before public dedications) ACCESS /INTERNAL CIRCULATION: The primary access to the site is from Los Angeles Avenue occurring across from Shasta Avenue (82 feet) and Goldman Avenue (44 feet)• An additional point of access should be provided on Liberty Bell Road to minimize peak hour congestion at the two access points on Los Angeles Avenue and to provide a second signalized left turn C. \M \RPD961 \STrRPT.PC 4 "* 0 0 C Ur., .+ _9 Planning Commission Staff Report Pacific Communities Builder, Inc. VTT Map No. 5053 and RPD 96 -1 April 8,-1998 Page 5 pocket for west bound trips to gain access on Liberty Bell Road onto the site. The entrance gate-for the west Street entrance will be located a minimum of 140 feet south of the southerly Los Angeles Avenue curb line to provide sufficient stacking area for entering vehicles waiting for the gate to open. Internal circulation for this residential project will be via a looped private street with a right -of -way width of 49 feet. This will accommodate a 36 foot wide paved area which will allow for parking on both sides. The looped private street will feed into neighborhood clusters each with 5 or more residences, utilizing a 25 foot wide paved roadway. No parking will be allowed on these roadways, but may occur in driveway areas where the distance from face of garage to travelway is at least 16 feet. Appropriate signage concerning this limitation should be placed on -site and in the CC &R's should also reflect this parking limitation. PROJECT DESCRIPTION The proposed project will contain 305 single family residential units consisting of 9 plan types ranging from 966 square feet to 1980 square feet in size. The density will be approximately 8.66 units per acre. The following is a breakdown of the number and type of dwelling units proposed. p_ rnj ant Plan T=rue 12 _i l 14 19 11 —22 1i 94 Number of DU 31 15 46 37 44 65 20 47 Size of Unit 966 1015 1348 1410 1662 1773 1855 1980 According to Section 17.32 of the Municipal Code, the parking required for residential structures is: a two car garage for each unit plus one -half space for each unit for guest parking in a Residential Planned Development Zone (305 du X % = 153 guest C: \M \RDDl41 \F=rr.DC S 0®01.3® Planning Commission Staff Report Pacific Communities Builder, Inc. VTT Map No. 5053 and RPD 96 -1 April 8, 1998 Page 6 spaces). As shown on the attached Parking Plan, the proposed project will provide 620 spaces "in addition to two garage parking spaces for each unit. The guest parking will be provided in front of the garages and on the street. Credit for parking spaces located on driveways in front of garages is given only for areas with a depth of 16 feet or more measured from face of garage to edge of travelway of private streets. This proposal exceeds the Ordinance criteria for parking. The highest two story structure proposed is 2518" which is less than the maximum height of 35' allowed in the Residential Planned Development Zone. Chapter 17.36 of the Municipal Code requires minimum setbacks unless modified by the City Council. This project does not meet the minimum required setbacks, which are: 1. Second story with windows setback 10 feet from interior property line. 2. Setbacks from public street 10 feet (to right -of -way). 3. Average front yard setback of 20 feet (20' minimum required). Small lot projects such as this proposal will seldom achieve the Ordinance criteria related to setbacks for typical subdivisions where larger lots are established. The applicant has attempted to reduce site exposure of second story windows abutting other residences which reduces the intrusion on adjacent units by reorienting the floor plans to minimize bedroom windows facing each other. The architectural style of this project is Spanish Eclectic (variety of styles of Spanish architecture) with eight models ranging in size from 966 square feet to 1,980 square feet. Plan C:\M \APD9f1 \STnP?.PC 1-1 •. 0001.:31 Planning Commission Staff Report Pacific Communities Builder, Inc. VTT Map No. 5053 and RPD 96 -1 April-8,-1998 - Page 7 Nos. 12,13, and 15 will be three bedroom units, while Plan Nos. 21, 22 and 24 will include an optional fourth bedroom. Each of the unit types will have two elevations thus helping to create variety in the street scene. Additionally, the unit type and elevations will be varied within each of the clusters. The elevations will have several relief features, including surrounding trim at windows and entry doors, decorative concrete barrel roof tile, wood framed pot shelves with brick trim, wood shutters, exposed rafter tails, wrought iron accents, decorative corbels and other architectural features with various color combinations to vary the appearance. The proposed streetscape plan along Los Angeles Avenue includes a 6 -foot sidewalk located 3 -1/2 feet from the curb which does not allow sufficient width for street trees. Therefore staff recommends that a condition be placed on the project to require the parkway between sidewalk and curb to be approximately 5 feet wide in order to accommodate street trees and that the final design to be approved by the Community Development Director and the City Engineer. The sidewalk will be located south of the property line and the new parkway. Within the tract, a 4 -1/2 foot sidewalk adjacent to the curb will be located along all private streets. Based upon the proposed depth of the rear yards (approximately 15 feet) , patio covers will be severely limited in size since the minimum rear yard setback for a patio cover is ten (10) feet. Many of the yards shown have less than a fifteen (15) foot rear yard setback, which will further limit the size of a patio cover to five (5) feet in depth. The Council has previously approved a Minor Modification (RPD 89 -4 Mirabella) for a decrease in the minimum required setback for patio covers. Staff suggests that a condition be included on this project similar to that approved for Mirabella requiring the following for placement of patio covers: C: \M \1PD961 \VMPT.PC 0-4p 7 000132 Planning Commission Staff Report Pacific Communities Builder, Inc. VTT Map No. 5053 and RPD 96 -1 April 8,-1998 Page 8 Rear yard setback: Minimum five feet for the post allowing the lattice cover overhang to come within three (3) feet of the rear yard wall or property line. Side yard setback: Minimum five (5) foot setback for the post allowing the lattice cover overhang to be within three (3) feet of the side yard wall or property lines. Patio Height: The patio cover including supporting posts or beams may not exceed a height of twelve (12) feet. Patio area: The total area of the patio cover may not exceed more than 40% of the rear yard area. Similar to the Mirabella project, staff also suggests prohibiting enclosed patios, patio walls greater than 42 inches high, patio covers with solid roofs and second story decks. Landscaped buffers are proposed at these locations: along Los Angeles Avenue, adjacent to the residences to the west, and along the Arroyo, a portion of which will be provided within the Ventura County Flood Control property. Staff has also recommended that this project incorporate a riparian woodland planting program along the Arroyo Simi as part of the landscape concept. The riparian planting program should be designed to achieve a nearly continuous canopy of local riparian woodland trees along the Arroyo within the project limits. Trees to be planted should include native California broadleaf trees (Sycamore, Box Elder, Elderberry, Cottonwood, Alder, and other selected species) . This project proposes several wall and fence designs including: a 12 foot high (transitioning to 8 foot high) slump block sound wall along Los - Angeles Avenue; 6 foot high wood fences for interior G \M \RDD961 \9TFR9T.PC f qW 8 006.133 Planning Commission Staff Report Pacific Communities Builder, Inc. VTT Map No. 5053 and RPD 96 -1 April 8,-1998 Pace 9 yards only (cannot be seen from•the street); a maximum 5 foot high slump block wall along all interior streets, and a 5 foot 6 inch high wrought iron fence with slump block pilasters located adjacent to the Arroyo. As the City has not allowed wood fences in interior yards, staff recommends that the project be conditioned precluding wood fences. One recreational area is proposed for this project which is to be located on the south side of North Street at the terminus of Shasta Avenue. According to the applicant, the recreational area will include a building with a shower and restroom facility, as well*as an exercise room. The outside facilities will include: a pool, spa, tot lot and a recreational court. The following is a summary of the estimated amount of grading for the proposed project: Cut Pi 11 Raw volume 47,524 c.y. 61,676 c.y. Shrinkage(9%) 5,551 C.Y. Stripping Loss 17,064 c.y. Subsidence(0.11) 3,338 c.y. Over- excavate pads(3.51) 114,245 c.y. 114,245 c.y. Shrinkage of over - excavated pads(9%) 10,282 c.y. Over- excavate streets(21) 38,137 c.y. 38,137 c.y. Shrinkage of over - excavated pads(9%) 3,412 c.y. Total 203,306 253,725 Total Import = 50,419 c.y. The Developer is responsible to provide all on -site and off -site storm drain facilities required by the City to accommodate upstream C! \M \KP0961 \SfPAPT.PC PA, -• U0�13� Planning Commission Staff Report Pacific Communities Builder, Inc. VTT Map No. 5053_ and RPD 96 -1 April 8,-1998 Page 10 and on -site flows. Facilities; as conceptually 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. The applicant will be required to construct storm drain improvements along a 20 foot wide storm drain easement located west of Shasta Avenue bisecting the project in a north -south direction from Los Angeles Avenue to the Flood Control Channel. The storm drain will be located underground and will not affect the use of the surface based upon the current plan, as no construction will take place on the ground above the easement and most of the easement area is used for driveways, roads, etc. The proposed streetscape plan along Los Angeles Avenue includes a 3 M foot parkway next to the curb, a 6 foot sidewalk and 8 foot parkway adjacent to the property line. As 3 % feet is not sufficient width to plant street trees, staff recommends a condition be imposed requiring sufficient width between the curb and the sidewalk to plant street trees and that the final design be subject to the review and approval of the Community Development Director and the City Engineer. This is not sufficient width to provide street trees adjacent to Los Angeles Avenue. The sidewalk will be located south of the property line and the new parkway. There will be a 2 percent slope for one foot behind the sidewalk and an 18 inch high slough wall and planter adjacent to the sidewalk. An 18 inch slough wall and planter adjacent to the sidewalk is an acceptable alternative to slopes and landscaping. The applicant has' submitted affordable housing provisions as an attachment to a "Development Agreement" which initially proposes to construct eleven (11) dwelling units affordable to Very Low Income households, and thirty five (35) dwelling units affordable to Low Income households. In addition, the applicant proposes to offer one hundred (100) dwelling units at an initial price affordable to G: \M \RP0943 \STTRrr.PC 10 0-0. 000135 Planning Commission Staff Report Pacific Communities Builder, Inc. VTT Map No. 5053 and RPD 96 -1 April 8,-1998 Page 11 Moderate Income households. The Very Low Income housing units are proposed at 966 square feet with three bedrooms and two baths. Twenty (20) of the Low Income housing units will have three bedrooms, two baths in 966 square feet. Fifteen (15) of the Low Income housing units will have four bedrooms and two baths in 1000 square feet of living area. The Affordable Housing Agreement is not part of this current application, but will be reviewed by the Planning Commission as a separate application request prior to its review by the City Council. Services that will be provided to the subject property include: a. Water and Gani a ion - The Ventura County Waterworks District No. 1 has indicated that water and sanitation service is available for the proposed project. The developer will be required to enter into an agreement to install all necessary water and sewer improvements, pay all applicable fees and comply with the District's rules and regulations. b. Snhnnlc - The Moorpark Unified School District will be serving this development. Developer Fees will be required to secure classroom availability. The school district is also requesting that a bus turn-out be located along the southern side of Los Angeles Avenue (Highway 118) between the cross streets of Goldman and Shasta Avenues. The bus turn-out is shown on the attached plans for the project. C. Fire ne=artmPnt -The Fire Department has stated that adequate services can be provided to the proposed development based upon the conditions they have recommended, including imposition of developer fees and tract improvements. d. Po1_ine ne=ar mAnt - Police Department recommended conditions have been incorporated into the conditions of approval found in the attached Planning Commission resolution. C: \M \RPC961 \STTRPY.PC 1 1 0.1p (j®V13C3 Planning Commission Staff Report Pacific Communities Builder, Inc. VTT Map No. 5053 and RPD 96 -1 April 8,-1998 Page 12 Land Use Element The proposed project is consistent with the Land Use Element of the General Plan in that: the proposed development is situated in a designated growth area; the project will serve to provide a balance between the proposed residential density, employment opportunities and neighboring commercial development along Los Angeles Avenue; the design of this project acts as a buffer to the lower density residential development located to the west; and as conditioned, the development will be provided with adequate public services, including streets, schools, police and fire protection. Housing Element The stated purpose of the Housing Element (adopted November 1989) is to "identify local housing problems and needs and take steps to mitigate and alleviate these needs and problems for all economic segments of the community ". The proposed project is consistent with the goals, policies and objectives of the Housing Element. Specifically, this development will help to satisfy a need for lower income housing units in the community through its proposal to include 146 units of below market rate housing in this project. This proposal will add significantly toward achieving the City's goal of providing housing opportunities for all segments of the population and for a variety of economic levels in proximity to jobs, schools and shopping facilities. Additionally, this project will help to balance employment opportunities with the provision of affordable housing. Circulation Element The proposed project is consistent with the Circulation Element which includes policies that require the mitigation of off -site traffic impacts and that requires residential streets to be designed to discourage pass- through trips. C. \M \"D961 \ST7M.AC 12 qP 0061137 Planning Commission Staff Report Pacific Communities Builder, Inc. VTT Map No. 5053 and RPD 96 -1 April 8,-1998 Page 13 ENVIRONMENTAL REVIEW This proposed residential project is not expected to result in significant adverse impacts to the environment. Potential environmental issues requiring mitigation measures are discussed in the attached Initial Study and mitigation measures have been identified. Conditions of approval to mitigate the environmental impacts to the environment have been recommended and a Mitigation Monitoring Program prepared for an earlier EIR for a similar, but slightly smaller project (14 fewer units) on the same site will apply along with the mitigation measures included in the Mitigated Negative Declaration prepared for this project. Assembly Bill No. 3180 was adopted by the State Legislature in 1988. This law requires the City to adopt a reporting and monitoring program for adopted or required changes to mitigate or avoid significant environmental effects in conjunction with the adoption of a Mitigated Negative Declaration or in conjunction with the findings for an Environmental Impact Report. RECOMMENDATIONS: 1. Open the public hearing, accept public testimony and close the public hearing. 2. Consider the Mitigated Negative Declaration and related Mitigation Monitoring Program prepared for the requested entitlements prior to making a recommendation to the City Council for approval or denial of the projects. C: \M \APD)61 \STnrr.PC 101, 13 (3001 308 Planning Commission Staff Report Pacific Communities Builder, Inc. VTT Map No. 5053 and RPD 96 -1 April 8,-1998 Page 14 3. Adopt the attached resolution recommending to the City Council approval of the Tentative Tract Map, and Residential Planned Development Permit and Development Agreement. Attachments: 1. Draft Resolution 2. Initial Study, Mitigation Monitoring Program and Mitigated Negative Declaration 3. Zoning and General Plan Maps 4. Project Exhibits Prepared by: Reviewed by: Paul Porter Principal Planner Date: April 8, 1998 C: \M \RPD961 \STnPT.PC a Lo t Planning Manager 14 CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT 799 MOORPARK AVENUE MOORPARK, CALIFORNIA 93021 NEGATIVE DECLARATION X MITIGATED NEGATIVE DECLARATION 1. Entitlement: Residential Planned Development Permit No. 96 -1, General Plan Amendment No.96 -2, Zone Change No. 96 -2, Tentative Tract Map No. 5053, and Development Agreement No. 98 -2. 2. Applicant: Pacific Communities Builder, Inc. 1000 Dove Street, Suite No. 100 Newport Beach, California 92660 3. Proposal: General Plan Amendment No. 96 -2 for a change in the Designation of the Land Use Element of the General Plan from High (H) (High Density Residential 7 du /acre maximum and Very High Density (VH)(15 du /acre maximum) to H. Zone Change No. 96 -2 - for a change in the zoning designation from RPD (Residential Planned Development) 13 and 5.3 to RPD 8.7. Residential Planned Development Permit No. 96 -1 is a request for 305 residential units ranging from 865 square feet to 2,145 square feet. Vesting Tentative Tract Map No. 5053 is for a subdivision of approximately 35.23 gross acres into 305 numbered lots and 5 lettered lots for an overall density of approximately 8.66 units per acre. Development Agreement 98 -2 is a request to approve an agreement for the applicant to provide affordable housing units and for the City to provide concessions such as early grading, early 1 000140 construction of model homes and expedited processing. 4. Location The project is located on the south side of Los Angeles Avenue (State Route 118) at 850 North Los Angeles Avenue s'oiith of Shasta Avenue and Goldman Avenue in the City of Moorpark, California 93021 Assessor Parcel No(s) : 506 - 030 -135, 145, 155, 165 and 180. 5. ResRonsible Agencies: Ventura County Flood Control District and Caltrans An initial study was conducted by the Community Development Department to evaluate the potential effects of this project upon the environment. Based upon the findings contained in the attached initial study, it has been determined that this project would not have a significant effect upon the environment. 1. Public Notice: Publication of a notice in a newspaper of general circulation in the area. 2. Document Posting Period: February 23 to March 24, 1998 3. Mailing of notices to all property owners within 1,000 feet of the project site. Initially Prepared on Prepared by: Paul Porter, Principal Planner February 23, 1998 P1 .. COG141 INITIAL STUDY 1. Project Title and Case No(s): Residential Planned Development Permit No. 96 -1, General Plan Amendment No. PA 96 -2, Zone Change No. 96 -2, Tentative Tract Map No. 5053 and Development Agreement No. 98 -2. 2. Agency Contact, Address and Phone Number: City of Moorpark 799 Moorpark Avenue, Moorpark, California 93021 3. Project Applicant Name and Address: Pacific Communities Builder, Inc. 1000 Dove Street, Suite No. 100 Newport Beach, California 92660 4. Project Location: The project is located on the south side of Los Angeles Avenue (State Route 118) at 850 North Los Angeles Avenue south of Shasta Avenue and Goldman Avenue in the City of Moorpark, California 93021 5. Assessor Parcel No(s): 506 - 030 -135, 145, 155 165 and 180 6. General Plan Designation: High and Very High Density (H and VH) 7. Zoning: RPD -5.3 and RPD 13 (Residential Planned Development 5.3 and 13 units /acre) 8. Description of Project: General Plan Amendment No. 96 -2 for a change in the Designation of the Land Use Element of the General Plan from High (H) (High Density Residential 7 du /acre maximum and Very High Density (VH)(15 du /acre maximum) to H. Zone Change No. 96 -2 - for a change in the zoning designation from RPD (Residential Planned Development) 13 and 5.3 to RPD 8.7. Residential Planned Development Permit No. 96 -1 is a request for 305 residential units ranging from 865 square feet to 2,145 square feet. Vesting Tentative Tract Map No. 5053 is for a subdivision of approximately 35.23 gross acres into 3 305 numbered lots and 5 lettered lots for an overall density of approximately 8.66 units per acre. Development Agreement 98 -2 is a request to approve an agreement for the applicant to provide affordable housing units and for the City to provide concessions such as early grading, early construction of model homes and expedited processing. 9. Description of Project Site: This site is situated adjacent to the meandering, but channelized Arroyo Simi which flows southwesterly through the Little Simi Valley. The topography of the parcel is generally level with a slight southerly trending drainage inclination towards the Arroyo and soils are comprised of deep, Holocene period alluvium deposited by the once active Arroyo Simi. Nearly all native vegetation was removed during the early part of the 20th century when native stands of riparian vegetation were converted with the establishment of dry farming agricultural operations. At this time the dominant vegetation on the property is concentrated around the perimeter of the parcel where thick stands of shrubbery non- native vegetation and introduced specimen trees define the perimeter on the north, east and west. 10. Surrounding Land Uses and Setting: Existing General Plan Designation Existing Zoning Existing Use Site: H and VH (High and RPD 5.3 and RPD 13 Structures Very High Density) units per acre related to greenhouse Operation North: M (Medium Density) M -1 (Industrial Park Industrial and District and R -1 -8 Residential South: OS -2 (Open Space 2) Open Space Arroyo Simi East: C -2 (General CPD (Commercial Vacant Commercial) Planned Development) West: L (Low Density RE (Rural Exclusive) Residential Residential) and RO (Rural Estate) 4 0. V. C-00143 11. Other Responsible Public Agencies: Caltrans, Ventura County Flood Control District 12. Is the proposed project consistent with: Moorpark General Plan Yes No—X— N/A Applicable Specific Plan: Yes No N/A X Moorpark Municipal Code Yes—X— No N/A ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 3. Archaeological Report ❑ Land Use & Planning X Transportation /Circulation ❑ Public Services ❑ Population & Housing ❑ Biological Resources ❑ Utilities & Service Systems X Geological Problems ❑ Energy & Mineral Resources X Aesthetics ❑ Water ❑ Hazards ❑ Cultural Resources X Air Quality ❑ Noise ❑ Recreation X Mandatory Findings of No N/A Significance ARE ANY OF THE FOLLOWING STUDIES REQUIRED: 1. Noise Study Yes—X— No N/A 2. Tree Study Yes—X— No N/A 3. Archaeological Report Yes—X— No N/A 4. Biology Report Yes—X— No N/A 5. Geotechnical Report Yes—X— No N/A 6. Soil borings and assessment for liquefaction potential Yes—X— No N/A 7. Traffic Study Yes—X— No N/A 8. Other: (identify below) 5 C,00144 DETERMINATION: On the basis of this initial evaluation: I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. February 23, 1998 Paul Porter Principal Planner C UW 145 Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated I. LAND USE AND PLANNING. Would the proposal: a. Conflict with general plan designation or zoning? (Sources: 3): O O x D b. Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (Sources: 2, 3, 5, 6, 9,10 ) O O O X C. Be incompatible with existing or planned land use in the vicinity? (Sources: 3) O O X O d. Affect agricultural resources or operations (e.g., impacts to soils or farmlands), convert agricultural land to nonagricultural use, and /or result in an inadequate buffer between incompatible land uses? (Sources: 3) O O D X e. Disrupt or divide the physical arrangement of an established community (including a low- income or minority community) ? (Sources: 3 ) O D O X Response: The proposed project is inconsistent with the Land Use Designation with the property. The General Plan and Zoning is currently being amended to bring the proposed project into consistency with the General Plan and Zoning designation -•. the property. The Planning Commission has previously recommended to the City Council approval of the change to the Land Use designation and Zoning on the property. The General Plan Amendment and Zone Change will be evaluated concurrently with the Tentative Tract Map and Residential Planned Development Permit. II. POPULATION AND HOUSING. Would the proposal: 7 "19. 00 () 146 Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated a. Cumulatively exceed official regional or local population projections? (Sources: 3) O O X O b. Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (Sources: 3,6) O O X O C. Displace existing residents or housing, especially affordable housing? (Sources: 3) O O O x The project will result in increased population density within the City of Moorpark. A substantial proportion of this population will be employed outside the City of Moorpark. The proposed housing development will not induce substantial growth or cumulatively exceed growth projections for the area. This proposal will provide housing opportunities criteria for low income households and meet the affordable housing as required for projects contained within the Redevelopment Project Area of the City. III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a. Fault rupture? (Sources: 8, 11) O O X O b. Seismic ground shaking? (Sources:ll) O O X O C. Seismic ground failure, including liquefaction? (Sources: 11) O O X O 8 IP V. 0001.4"1 Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated d. Seiche, tsunami, or volcanic hazard? (Sources: 11) O O X O e. Landslides or mudflows? (Sources: 3,11) O O X O f. Erosion, changes in topography or unstable soil conditions from excavation, grading, and /or fill? (Sources: 11,13) O x O O g. Subsidence of the land? (Sources: 11) O O X O h. Expansive soils? (Sources: 11) O O X O i. Unique geologic or physical features? (Sources: 11) O O X O Response Implementation of the project will require excavation and recompaction, contour grading, installation of utilities, and connection of drainage collection facilities to the adjacent flood control channel. The grading program will result in minor changes to surface topography. During a brief period of time during construction, erosion and the displacement of sediment may occur; O] Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated appropriate measures will be required to insure that discharge of soil into the adjacent flood control structure is avoided. There is some potential for high groundwater in the vicinity of the project. Amplification of seismic waves and liquefaction are likely in the event of an earthquake given the location and saturation of site soils. An onsite geologic study will be required prior to the issuance of building permits to determine engineering requirements. Mitigations 1. The applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved tentative map, 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 completion. 2. Concurrent with submittal of the rough grading plan an erosion control plan shall be submitted to the City for review and approval by the City Engineer. Along with these erosion control measures, hydroseeding and temporary irrigation shall be provided on all graded slopes within 30 days of completion of grading on those slopes. 3. The applicant shall submit to the City of Moorpark for review and approval, detailed Soils and Geology Reports certified by a Registered Civil Engineer in the State of California. The geotechnical report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. In addition, the soils report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. 4. All recommendations included in the geotechnical and geology reports shall be implemented during project design, grading, and construction. IV. WATER. Would the proposal result in: 10 IP 4P 00014 ) - Issues (and Supporting Information Potentially Potentially less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (Sources: 1,11) O X O O b. Exposure of people or property to water related hazards such as flooding? (Sources: 1,2) O O X O c. Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (Sources: 1) O O X O d. Changes in the amount of surface water in any water body? (Sources: 1,3) O O X O e. Changes in currents, or the course or direction of water movements? (Sources: 1,3) O O x O f. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (Sources: 1,3) O O X O g. Altered direction or rate of flow of ground water? (Sources: 1,3) O O X O h. __Impacts to groundwater quality? (Sources: 1,3,11) 11 • P (MOVio Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated O O i. Substantial reduction in the amount of groundwater otherwise available for public water supplies? (Sources: 1,3) O O X O j. Location of project within a 100 -year flood hazard area as identified on the Federal Emergency Management Agency Flood Insurance Rate Map for the City of Moorpark? (Sources: 2) O 0 O X Drainage and surface runoff will be changed as a result of this project and some alteration of floodway flows may occur. An existing improved flood control channel is situated adjacent to the property; the capacity of this channel needs to be determined and the Ventura County Flood Control District will require improvements as part of the applicant's permits by the County. This project has some potential to result in the modification of the quality of waters through the flood control channel and will be evaluated prior to the issuance of Building Permits for compliance with National Pollution Elimination Standards ( NPDES) . Several standard conditions of approval related to NPDES standards have been applied to the Residential Planned Development Permit. 1. The Subdivider /Developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety _,guaranteeing the construction of all improvements. 12 •+ UDdll Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied 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 in an underground storm drain prior to entering collector or secondary roadways; g. Under a 50 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector street shall have a minimum of one dry travel lane 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 Developer; i. All drainage grates shall be designed and constructed with provisions to provide adequate 13 UOG1.52 Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated 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 Developer 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. 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 owner 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. 2. The Subdivider /Developer shall demonstrate for each building pad within the Tentative 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 b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. 14 •• 000153 Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated 3. The placement of the ± ten foot wide storm drain that traverses across Tract 5053 is an integral part of the overall drainage pattern that affects this map. Completion of this storm drain facility is required and the width of the easement for this storm drain shall be approved by the Ventura County Flood Control District. 4. The Subdivider /Developer shall demonstrate that, upon occurrence of the failure of the storm drain system a the intersection of West Street and South Street, the storm overflow will pass to Arroyo Simi without flooding adjacent housing. 5. Prior to the issuance of any [construction /grading permit] and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Storm water Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. a. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" b. The Subdivider /Developer shall also comply with NPDES objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. 6. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countrywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 15 W91 00GI34 (and Su pporting Information Potentially Potentially Less Than Mo Impact ): r,u Significant Impact Significant Unless Significant Impact Mitigation Incorporated 7. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. g. All on -site or existinc Arroyo" 9. Landscaped irrigation filtration pesticides pollution. storm drain inlets, whether newly constructed shall be labeled "Don't Dump - Drains to areas shall be designed with efficient to reduce runoff and promote surface and minimize the use of fertilizers and which can contribute to urban runoff Parking and associated drive areas with 5 or more spaces shall be designed to minimize degradation of stormwater quality. Best Management Practices, such as oil /water separators, sand filters, landscaped areas for infiltration, basins or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 10. 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. 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 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 Developer will be responsible for all costs charged by the FEMA and the City's administrative costs. 11. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 16 Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated 12. The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities (if applicable) must also be acceptable to the Ventura County Flood Control District. 13. The following requirements shall be included in the CC &R's a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. C. Private roads and parking lots /drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - throughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain If any cleaning agent or degreaser is used, washwater shall not discharge to the storm drains; washwater should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Landscaping shall efficient irrigatio surface filtration 17 .+ be properly maintained with n to reduce runoff and promote and minimize the use of 0®0536, Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated fertilizers and pesticides which can contribute to urban runoff pollution. f. Trash enclosures and /or recycling area shall be covered. All litter /waste material shall be kept in leak proof containers. Area shall be paved with impermeable material. No other area shall drain onto these areas. There shall be no drain connected from the trash enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. 14. Prior to the issuance of any (construction /grading permit] and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Stormwater Pollution Control Plan ( SWPCP), on the form provided by the City for the review and approval of the City Engineer. a. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. b. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to stormwater and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. C. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" d. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, 18 0 00: VT i Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant /owner shall comply with all additional requirements of this General Permit including preparation of a Stormwater Pollution Prevention Plan (SWPPP) e. The Subdivider /Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The developer shall submit a Notice of Intent (NOI) to the City. Engineers office as proof of permit application. f. The Subdivider /Developer shall also comply with NPDES objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. 15. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 16. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. V. AIR QUALITY. Would the proposal: a. Violate any air quality standard or contribute to an existing or projected air quality violation? (Sources: 1, 3, 9,10 ) O O X O 19 4P9- 000158 Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated b. Expose sensitive receptors to pollutants? (Sources: 1, 3, 9, 10 ) D O X O c. Alter air movement, moisture, or temperature, or cause any change in climate? (Sources: 1,3) O O O X d. Create objectionable odors? (Sources: 1,3,) O O X D e. Result in a significant adverse air quality impact (based on the estimated date of project completion), as identified in the Ventura County Air Pollution Control District's Guidelines for the Preparation of Air Ouality Impact Analyses? (Sources: 1,3,9,10) O O X O f. Result in a significant cumulative adverse air quality impact based on inconsistency with the Ventura County Air Quality Management Plan? (Sources: 1,3,9,10) O O x O The project will result in construction related emissions and an increase in automobile related air pollutants. Pursuant to the 1989 Guidelines for the Preparation of Air Quality Analyses, the proposed project will produce approximately 57.035 pounds of ROC per day which is above the 25 pounds per day threshold. Therefore the proposed residential project will have a significant adverse impact on air quality, which can be mitigated by the payment of 20 9.Ir 000158 Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated fees to be used to fund Transportation System Management programs throughout the City. Mitigation: According to the County of Ventura Guidelines for the Preparation of Air Quality Impact Analysis, the project can be mitigated by paying a contribution to the TSM fund for a three year period for each pound over the 25 pound per day threshold for the first year and then providing for an increase of 4% for each of the remaining two years. Therefore a conditions has been placed on the project requiring that a contribution be paid in the amount of $1,288.87 for each of the residential units prior to the issuance of a Zoning Clearance for construction. VI. TRANSPORTATION /CIRCULATION. Would the proposal result in: a. Increased vehicle trips or traffic congestion? (Sources: 3,6,14) O O X O b. An intersection level of service less than the City's system performance objective? (Sources: 3,6,14) O O X O C. Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (Sources: 6) O O X O d. Inadequate emergency access or access to nearby uses? (Sources: 3) O O X O e. Insufficient parking capacity on -site or off -site? (Sources: 5) O O X O 21 U0elILCb 0 Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated f. Hazards or barriers for pedestrians or bicyclists? (Sources: 3,5) O D X D g. Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (Sources: 3) O D X D h. Rail traffic impacts? (Sources: 3) D D X D Robert Kahn, John Kain and Associates, Inc. Prepared a Traffic Study which estimated that the proposed project would generate approximately 2,910 trip -ends per day with 225 vehicles per hour during the AM peak hour and 305 vehicles per hour during the PM peak hour. Based upon the project's trip generation and distribution, the highest traffic volumes occur along Shasta Avenue south of Los Angeles Avenue with a total volume of 2,045ADT. This project would also have cumulative traffic impacts which could be mitigated through the payment of AOC and Citywide Traffic Fees. Mitigation Measures: 1. The Subdivider /Developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by 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. Public 22 ..r 000161 Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated streets shall conform to the Ventura County Road Standards (most recent version). 2. The street right -of -way improvements shall include concrete curb and gutter, parkways, new street lights, and signing, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The developer shall dedicate any additional right -of -way necessary to make all of the required improvements. Los Angeles Avenue 3. The street right -of -way plan shall provide that a 6 foot wide sidewalk and 8 foot parkway to be constructed along the Los Angeles Avenue property frontage. The parkway shall be located adjacent to the curb, on Lost Angeles Avenue, with the sidewalk lying south of the property line and the new parkway. There shall be a 2% slope for 1 foot behind the sidewalk. An 18 inch slough wall and planter adjacent to the sidewalk is an acceptable alternative to slopes and landscaping. 4. Entrance curb returns shall be 45 foot radius. 5. The entrance at West Street shall be posted "No Trucks" Other Streets 6. "North ", "South ", "East" and "West" streets shall be designed per Ventura County Standard Plate B -5A. Shasta Avenue Design shall be as shown in the tentative map modified to separate the sidewalks from the curbs with 6 feet of landscaped parkway. 7. The entrance gate for the West Street entrance shall be located a minimum of 140 feet south of the southerly Los Angeles Avenue curb line. 8. Prior to final map approval, the Developer shall pay to the Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the — time of payment. 23 Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City manager, the developer would not have to pay the AOC fee. 9. Prior to recordation of the Final Map, the applicant shall pay a Citywide Traffic Mitigation Fee of $3,000 for each of the residential units. VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a. Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? (Sources: 3,11) o D x D b. Locally designated natural communities (e.g. oak woodland, riparian woodland, coastal sage scrub, etc.)? (Sources: 3,11) O O X O C. Wetland habitat (e.g. riparian woodland or vernal pool)? (Sources: 3,11) D D D X d. Wildlife dispersal or migration corridors? (Sources: 3, 11) O O O X 24 „• 0 0.b3 Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated This parcel is covered by ruderal vegetation which has very limited significance biologically. Along the flood contro channel but outside of the channel itself, a small stand of Elderberries is present. There are several non - native specimen trees on the north side of the property for which a tree report has been prepared. As a standard condition of approval, the developer will be required to submit a landscape plan for the review and approval of the Director of Community Development. Other than several rodent species which may serve as forage for raptures, the parcel has virtually no biological significance. VIII.ENERGY AND MINERAL RESOURCES. Would the proposal: a. Conflict with adopted energy conservation plans? (Sources: 3) O O X O b. Use non - renewable resources in a wasteful and inefficient manner? (Sources: 3) O O X O C. Result in the loss of availability of a known mineral resource that would be future value to the region and the residents of the State? (Sources: 3) O O x O The proposed residential development is not expected to use substantial amounts of fuel, energy, or mineral resources, and would not substantially increase demand upon existing sources of energy or require the development of new sources of energy. IX. HAZARDS. Would the proposal involve: 25 *- V, 0ool(A Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated a. A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (Sources: 1,3,11) 0 0 X 0 b. Possible interference with an emergency response plan or emergency evacuation plan? (Sources: 1,3,5) 0 0 X O C . The creation of any health hazard or potential health hazard? (Sources: 1,3,5) 0 0 X 0 d. Exposure of people to existing sources of potential health hazards? (Sources: 1,3,5) 0 0 X 0 e. Increased fire hazard in areas with flammable brush, grass, or trees? (Sources: 1,3) 0 0 X O f. Project located within or adjacent to a high fire hazard area as defined by the Ventura County Fire Protection District? (Sources: 1,3) 0 0 X 0 Response Since the project is a residential project, there is a low risk of upset to human health impacts. Also, the project is not located in a high fire hazard area. The Fire Protection District has placed conditions on the project to ensure that there is sufficient access for fire protection. 26 00G-IL G 5- Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated X. NOISE. Would the a. Increases in b. Exposure of unacceptable Element? (So proposal result in: existing noise levels? (Sources: 1,3,7,13) O O X O people to conditionally acceptable or noise levels based on the City's Noise urces : 1, 3, 7,13 ) X Response The generation of additional traffic associated with cumulative development along the road corridor adjacent to the project will result in noise impacts on houses proposed to face Los Angeles Avenue. The project will be providing a noise buffer wall along Los Angeles Avenue adjacent to the properties and will be required to adhere to Building Code requirements to reduce noise levels to acceptable levels. XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a. Fire protection? (Sources: 1,3,11) O O X O b. Police protection? (Sources: 1,3,11) O O X O C. Schools? (Sources: 1,3,11) O O X O 27 0001(6,b Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation i Incorporated d. Maintenance of public facilities, including roads and parks? (Sources: 1,3,11) O O X O e. Other governmental services? (Sources: 1,3,11) O O X O Response Most project impacts on essential public services are insignificant because the proposed projected growth is within the planned capacity of the municipal providers. Standard fees will be paid to affected agencies prior to the issuance of permits for construction. In addition, any specific conditions of approval for the agencies have been imposed on the development permit. XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a. Power or natural gas? (Sources: 1,3,11) O Cl X O b. Communications systems? (Sources: 1,3,11) O O X O C. Local or regional water treatment or distribution facilities? (Sources: 1,3,11) O O X O 29 000#.6? Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated d. Sewer or septic tanks? (Sources: 1,3,11) O O X O e. Storm water drainage? (Sources: 1,3,11) O O X O f. Solid waste disposal? (Sources: 1,3,11) O O X O g. Local or regional water supplies? (Sources: 1,3,11) O O X O Response Most project impacts on essential public services should be insignificant because the projected growth is within the planned capacity of essential municipal services. XIII. AESTHETICS. Would the proposal: a. Affect a scenic vista or scenic highway? (Sources: 1, 3, 11) O O X O b. Result in the loss, covering, or modification of any unique geologic or physical features? (Sources: 11,12) O O X O C. Result in hillside grading that is inconsistent with the purpose and intent of the City's Hillside Management regulations contained in Chapter 17.38 of the Zoning Code? (Sources: 5) O O X O 29 «* Issues (and Supporting Information Potentially Potentially Less Than No Impact $OUrC2S): Significant Impact Significant Unless Significant Impact Mitigation Incorporated d. Create an aesthetical'l'y offensive site open to public view? (Sources: 1,3,11) O O X O e. Result in the loss of a distinctive historic or landmark tree or stand of mature trees? (Sources: 11) O O X O f. Create light or glare? (Sources: 5,11) O O X O Response The potential adverse aesthetic and visual resource effects of the project are related to modifications of view corridors, project density, and landscaping and street design issues. View corridor effects are determined to be insignificant. Visual impacts on the surrounding community are determined to be minor as there is a buffer from the rural residential properties to the west, a decorative landscape wall proposed along Los Angeles Avenue and planting planned adjacent and within the flood control channel. XIV. CULTURAL RESOURCES. Would the proposal: a. Disturb paleontological resources? (Sources: 1,3,11) O O X O b. Disturb archaeological resources? (Sources: 1,3,11) O O X O C. Affect historical resources? (Sources: 1,3,11) O O X O 30 0001.61) Issues (and Supporting Information Potentially Potentially less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated d. Have the potential tb cause a physical or aesthetic change which would affect unique ethnic cultural values? (Sources: 1,3,11) O O X O e. Restrict existing religious or sacred uses within the potential impact area? (Sources: 3,11) O D X O A cultural resource survey was conducted of the entire property at the request of the Native American Heritage Commission. Based on a review of existing literature, the project site was determined to be of relatively low potential significance for archaeological and historical deposits and the Phase 1 field program and archive review confirmed this project. Therefore, the proposed development will not impact any cultural resources. XV. RECREATION. Would the proposal: a. Increase the demand for neighborhood or regional parks or other recreational facilities? (Sources: 3) O O X O b. Affect existing recreational opportunities? (Sources: 3) O O X O The proposed subdivision will be required to pay Quimby fees as a standard condition imposed on the subdivision map. In addition, the proposed project will be providing a recreational facility which will include several amenities including a recreation building, pool and spa, tot lot and small court area. XVI. MANDATORY FINDINGS OF SIGNIFICANCE. 31 000170 Issues (and Supporting Information Potentially Potentially Less Than No Impact Sources): Significant Impact Significant Unless Significant Impact Mitigation Incorporated a. Does the project halve the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? O O X O b. Does the project have the potential to achieve short - term, to the disadvantage of long -term, environmental goals? O O X O c. Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable? Means that he incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) O O X O d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? O O X O XVIII. REFERENCE LIST: The references used in responding to this questionnaire include the following: 32 •.. 0001, 1 2. Federal Emergency Management Agency, Flood Insurance Rate Map, Community Panel Number 060712 0005 A, September 29, 1986 and revision dated August 24, 1990. C - - .� • . 1LO10340rwowl 4. Institute of Transportation Engineers, Trip Generation, 1987. 5. Moorpark Municipal Code, including Title 17, Zoning. 6. Moorpark Traffic Analysis Model, Model Description and Validation, June 1994. 8. U.S.G.S. Topographic Quadrangle Maps for Moorpark. 9. Ventura County Air Pollution Control District, Guidelines for the Preparation of Air Ouality Impact Analyses, 1989. 10. Ventura County Air Pollution Control District, Ventura County, Air Ouality Management Plan, 1991. 11. Environmental Impact Report prepared in 1991 for the Westland Company. 12. Geotecghnical Investigation Report dated June 1996 by Consolidated Geoscience. 13. Preliminary Noise Study prepared in July 1996 14. Traffic Analysis prepared February, 1997 by RKJK (Robert Kahn, John Kain and Associates, Inc. 33 •. • Mitigation Monitoring Program Page No. 1 MITIGATION MONITORING PROGRAM FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 96 -1 AND TENTATIVE TRACT MAP NO, 5053 1. The applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved tentative map, 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 completion. 2. Concurrent with submittal of the rough grading plan an erosion control plan shall be submitted to the City for review and approval by the City Engineer. Along with these erosion control measures, hydroseeding and temporary irrigation shall be provided on all graded slopes within 30 days of completion of grading on those slopes. 3. The applicant shall submit to the City of Moorpark for review and approval, detailed Soils and Geology Reports certified by a Registered Civil Engineer in the State of California. The geotechnical report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. In addition, the soils report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. 4. All recommendations included in the geotechnical and geology reports shall be implemented during project design, grading, and construction. Monitoring The City Engineer will assure that the recommendations in the reports are adhered to prior to the issuance of a grading permit. Water Mitigation Storm Water Runoff and Flood Control Planning 1. The Subdivider /Developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into ..• U0C1. Mitigation Monitoring Program Page No. 2 an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied 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 in an underground storm drain prior to entering collector or secondary roadways; g. Under a 50 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector street shall have a minimum of one dry travel lane 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 Developer; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; ... 000174 Mitigation Monitoring Program Page No. 3 j. If the land to be occupied is in an area of special flood hazard, the Developer 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. 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 owner 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. 2. The Subdivider /Developer shall demonstrate for each building pad within the Tentative 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 b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. 3. The placement of the f ten foot wide storm drain that traverses across Tract 5053 is an integral part of the overall drainage pattern that affects this map. Completion of this storm drain facility is required and - -the width of the easement for this storm drain shall be approved by the Ventura County Flood Control District. e.. 00017 Mitigation Monitoring Program Page No. 4 4. The Subdivider /Developer shall demonstrate that, upon occurrence of the failure of the storm drain system a the intersection of West Street and South Street, the storm overflow will pass to Arroyo Simi without flooding adjacent housing. 5. Prior to the issuance of any (construction /grading permit) and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Storm water Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. a. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" b. The Subdivider /Developer shall also comply with NPDES objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. 6. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countrywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 7. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. 8. All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo" 9. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. Parking and associated drive areas with 5 or more spaces shall be designed to minimize degradation of WIr 000176 Mitigation Monitoring Program Page No. 5 stormwater quality. Best Management Practices, such as oil /water separators, sand filters, landscaped areas for infiltration, basins or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 10. 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. 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 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 Developer will be responsible for all costs charged by the FEMA and the City's administrative costs. 11. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 12. The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities (if applicable) must also be acceptable to the Ventura County Flood Control District. 13. The following requirements shall be included in the CC &R's a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 • ♦ 000177 Mitigation Monitoring Program Page No. 6 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. C. Private roads and parking lots /drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - throughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain If any cleaning agent or degreaser is used, washwater shall not discharge to the storm drains; washwater should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. f. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. Area shall be paved with impermeable material. No other area shall drain onto these areas. There shall be no drain connected from the trash enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. 14. Prior to the issuance of any (construction /grading permit] and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Stormwater Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. 0001.78 ..•. Mitigation Monitoring Program Page No. 7 a. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No.'CAS063339. b. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to stormwater and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. C. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" d. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant /owner shall comply with all additional requirements of this General Permit including preparation of a Stormwater Pollution Prevention Plan ( SWPPP) e. The Subdivider /Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. f. The Subdivider /Developer shall also comply with NPDES objectives as outlined in the " Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. 15. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide .N - "• 000179 Mitigation Monitoring Program Page No. 8 Stormwater Quality Management Program, NPDES Permit No. CAS063339. 16. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. According to the County of Ventura Guidelines for the Preparation of Air Quality Impact Analysis, the project can be mitigated by paying a contribution to the TSM fund for a three year period for each pound over the 25 pound per day threshold for the first year and then providing for an increase of 4% for each of the remaining two years. Therefore a conditions has been placed on the project requiring that a contribution be paid in the amount of $1,288.87 for each of the residential units prior to the issuance of a Zoning Clearance for construction. The City Engineer will assure that the drainage plans are approved prior to development of the property. Transportation Mitigation Street Improvement Reauire*-f+ents 17. The Subdivider /Developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by 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. Public streets shall conform to the Ventura County Road Standards (most recent version). 18. The street right -of -way improvements shall include concrete curb and gutter, parkways, new street lights, and signing, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The developer shall dedicate any additional right -of -way necessary to make all of the required improvements. Los Angeles Avenue •'' 000160 Mitigation Monitoring Program Page No. 9 19. The street right -of -way plan shall provide that a 6 foot wide sidewalk and 8 foot parkway to be constructed along the Los Angeles Avenue property frontage. The parkway shall be located adjacent to the curb, on Lost Angeles Avenue, with the sidewalk lying south of the property line and the new parkway. There shall be a 2% slope for 1 foot behind the sidewalk. An 18 inch slough wall and planter adjacent to the sidewalk is an acceptable alternative to slopes and landscaping. 20. Entrance curb returns shall be 45 foot radius. 21. The entrance at West Street shall be posted "No Trucks ". Other Streets 22. "North ", "South ", "East" and "West" streets shall be designed per Ventura County Standard Plate B -5A. Shasta Avenue Design shall be as shown in the tentative map modified to separate the sidewalks from the curbs with 6 feet of landscaped parkway. 23. The entrance gate for the West Street entrance shall be located a minimum of 140 feet south of the southerly Los Angeles Avenue curb line. 8. Prior to final map approval, the Developer shall pay to 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 developer would not have to pay the AOC fee. 9. Prior to recordation of the Final Map, the applicant shall pay a Citywide Traffic Mitigation Fee of $3,000 for each of the residential units. Prior to recordation of the Final Map and /or occupancy, the Department of Community Development and the City Engineer will ensure that the conditions have been satisfied. x,{00161 01W PLANNING COMMISSION STAFF REPORT HEARING DATE: June 8, 1998, 7:00 p.m. AGENDA ITEM: 9.A. PROJECT: Vesting Tentative Tract Map No. 5053 Residential Planned Development Permit No. 96 -1 APPLICANT: Pacific Communities Builder, Inc. DISCUSSION: At the Planning Commission hearing on April 8 and May 11, 1998, the Commission raised several concerns and continued the hearing to June 8, 1998 to allow the applicant time to address issues discussed at the Planning Commission meeting on May 11, 1998. The issues discussed at the previous Planning Commission hearings are as follows: — — • —N • �— wo 00-001-1-7P • • • • • - - • • • - • -114W-4. - • � - 8101010 • �. The applicant has provided a second recreational area which will consist of a tot lot area. The type of equipment proposed will be items such as a swing, slide, climber and sandbox. The final type of equipment to be used will be determined at the time construction drawings are reviewed by the City. In order to accommodate the additional recreation area, the applicant has deleted two units (unit Nos. 50 and 51) at the southwest corner of the project adjacent to the south loop street. In addition, the size of the pool at the main recreation area has been increased in size from 25' x 60' to 40' x 751. 2. There _.. -. - • •- excessive t •it n• �- 1 0. IV coCIS2 Planning Commission Staff Report 6/8/98 Pacific Communities Page No. 2 According to the proponent's traffic report, the highest incoming traffic will occur in the PM and will approach 200 trips per hour. The distribution of traffic will be 70/30 between the Shasta entry and West Loop entry. The maximum incoming traffic for the main entry will be approximately 140 trips per hour. As proposed, the project has three incoming lanes each approximately 150 feet in length each of which could accommodate up to 7 cars. The lane on the outside will be used as Resident Only /Express Lane. The other two lanes will be used for Guests /Residents. Theoretically, the main entry should have a stacking capacity of 15 to 18 vehicles. However, the maximum incoming traffic every three minutes will be approximately 7. Also, the normal operation of the gate will be set so that it will not be closed during the peak hours, which will virtually eliminate the potential for congestion and inadequate area for stacking. The applicant has revised the project to provide for the buffer to be included within the individual lots as discussed at the Planning Commission hearing on May 11, 1998. The proposed Brisbane Box trees in the buffer area are designed to provide screening above the ground floor level. As proposed, each individual property owner will maintain the area within their private rear yard area. 4. The wrought iron fence along Arroyo Simi. The proposed 5' high wrought iron fence will be located out of the Flood Control right -of -way. There will be no access provided from the project to the Flood Control Channel area. In addition, the applicant has proposed to plant additional low thorny plants such as Natal Plum and Pyracantha along the channel side of the fence in order to discourage climbing over the fence. The wrought iron fence was selected for view in and out of the tract. On June 1, 1998, the City received a letter from Thomas Duffy, District Superintendent who stated that the District is requesting that the -bus turn -out for this proposed project be located on the south side of Los Angeles Avenue at Shasta. The letter further 2 0-9. Planning Commission Staff Report 6/8/98 Pacific Communities Page No. 3 indicates that the District's transportation department in conjunction with the California Highway Patrol, has determined that this is the safest location fora turnout. The current traffic volume along Los Angeles Avenue west of Shasta Avenue is 19,200 Average Daily Trips (ADT) based on the latest Caltrans data published in their 1996 traffic count book. The current design capacity (level of service C) for a 4 -lane highway is approximately 30,000 ADT. When the roadway is striped as a 6- lane highway, the anticipated design capacity will be at least 45,000 ADT with an absolute capacity of approximately 54,000 ADT. With implementation of the City's Engineer's conditions of approval for required improvements, it is anticipated that this proposed project will mitigate any additional traffic generated as a result of the proposed project. The Planning Commission indicated a desire for additional off - street parking at the main recreational area. The applicant has attached an exhibit for the Commission's information and review. Although the proposed parking area will provide the addition of four parking spaces for residents using the pool facility, it presents another potential conflict point due to its proximity to the entry at Shasta Avenue and also reduces the potential landscaped area at the recreational area. Another potential solution is to have a loading /unloading zone in the area of in front of the pool with additional parking located along the north street adjacent to the proposed project. S. Are horses located along Maureen Land adjacent to the proposed project? Staff made a cursory review of the existing residences along the east side of Maureen Lane and was unable to locate horses or other livestock. The original proposed project consisted of 305 dwelling units. With the-reduction of two units for the addition of the tot lot, the numbers of dwelling units has been reduced to 303 units. 000184 Planning Commission Staff Report 6/8/98 Pacific Communities Page No. 4 10. Affordable housing units. The Planning Commission asked for the approximate housing costs of the affordable housing units. Pursuant to a draft Development Agreement, the estimated sales prices (exclusive of any applicable closing costs) for a Very Low Income Affordable Housing Units is approximately $106,925, $152,250 for a Low Income Affordable Housing Unit, and $256,550 for a Moderate Income Housing Unit. It is proposed that the sales costs will be adjusted periodically based upon increases in the All Urban Consumers Price Index for the Los Angeles /Long Beach region. RECOMMENDATIONS: 1. Close the public hearing. 2. Consider the Mitigated Negative Declaration and related Mitigation Monitoring Program prepared for the requested entitlements prior to making a recommendation to the City Council. 3. Adopt the attached resolution including revised conditions recommending to the City Council approval of the Tentative Tract Map, and Residential Planned Development Permit. Attachments: 1. Draft Resolution 2. Letter from RFJK dated May 27, 1998 3. Parking exhibit showing 4 parking spaces in area of recreational area 4. Letter from Moorpark Unified School District dated June 1, 1998 5. Revised project exhibits Prepared by: Reviewed by: Paul Porter Principal Planner Date: June 1, 1998 0 Wayne Loftus Planning Manager LEGAL DESCRIPTION =7:1. - — --------- VESTING TENTATIVE TRACT NO. 5053 IN THE CITY OF MOORPARK, CALIFORNIA EASEMENTS 7 _%T�El IPQIVAIE STITH IS) 1• 1.11.1 IT J. OS ANGELES AVEM; TYPICAL STREET SECTIONS S.ASTA AVEMJ IM.VAFE STPEET) 10 --;,- IT SECTION�A A SEC 11 !:1! 11.111.11 SECIION C ;C —1--1 FACT,(" CROSS - SECTIONS AT TRACT BOLWARY CNOU3E/BEENS a ASSOCIATES. INC,l� 1* c il5n. -p UTILITY COMPANIES WATER C! AM rAS S!' f Ltjm— 1. NE t"w of SEW"a DISPOSAL TtLEF"M SEMCE 4 .TELEvtslom SERVICE GENERAL INFORMATION -=rm EARTHWORK QUANTITIES. 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SOSJ IN THE CITY OF HOORPARR CA V - o, rl J� ei �i u 0 i I,rls�� s s 4 �j(A�ESII \��1 rl ' W LEGEND e[rfaf DefM(rDY ® �K��• ✓fgil�w�wfEw�E�b ru�IM.'.f�i{n�EwfM{r4•l �M•f �Sfvl EW MM N✓ihiw ttinfff nar.rrw w,f {. ron f awr wwew ulrsDr nwa cr+rr!•rfK VwM Kiri �r.e( ears fww�ao cwoda n.. }��, Cr�nfbM WYW4�ewnMfuDMIE�MrD• (� wsiw: iunar�i aosi• . woi f 11•! V / N�wl{ aDOOD00o aODDDaoo n✓E tn! r n000iww wc.+r nr..e Y•K riw(f. ✓wUw YrD✓ �rldil�lMf (f fna(f flYN IIIOlrff EDQ{ Yr Olan OD•wl GI(M un • nM nOwew !w EFOff rpl lYg1! fnaff lwgre YwldY Mefin 1WrPY DaOYMIlf fnQl fOrafOM1L O{[Crlrt am {rpal{ qD rrDDDe[ MY mrf:ns fw.m KDOIf [ar![ lDa wcrr✓rtM uMIMGn allow Afvfr vee rE .©..'. DOKwrtf rrrwOMar • lOw r•r0 w.E YID ® OM If {YfYM.OwpDO CPIwU (O�[Nf4nW Hn{w Y'fpti 4DIDM c(wD n/MYl iDD Ocaw°s PACIFIC COMMUNITIES BUILDER INC. rOrE�p af�O OrOgwr �O www nuref n n u!✓�e weDfDl aeruD we✓aeD {rrfrY.Da (•Drrymwc lV.rrior wYO IDEnrOnr wofr..rw r•grw.r ✓rYr✓. .��'DrDS Dore +ro . r a.f. o ww waw wu E .mrno O W M� MME ff W � rOee {r1rIL D! K fOr ✓Orr pwf r!n • awl E f awOr rs DYfow na r a YO wI1N f frO rf DMLMOraMYaf MIrtIGf s Yl frl{Dr011 Ml OP /Orw ro fE an wrM Dp0 M(•l MOfnD 1Ww EM• w/q ✓O ve•a Yo ewwDacoew rtr lrYDY[D wrw Irt DDlCrDA Q /r`,Of � fe M� e�lYe,fC W n�wnrO . WALL MID e FENCE LEGEND srwo► arwulEn f lol wODp rew! Meo Efazf an ���� OM aIYaDO1 lv[uI IDOW WI wYIf rpO fDDerD) PRELIMINARY COURTYARD LANDSCAPE PLAN CORDOBA a1 C O R T E B E L L O LDA ASSOCIATES, INC. a` -�E • a uDloscwDE M[nfEcn EYDMOafErfOl N�M1EM 6NEET • OP 7 t I 1 c C r iT[Ipi ptfttPltpN r"QVrri.E l'w•MeMYrl "itt WWI. Er «!l I- ® rr nR(�rry�nr«..l.f wrE.L.R Fwr.ewnn E'l'f °tivt'�'�iN,renr."{'Knh'rr'KiEn O ��rui[�a«r ru � awlrNwN awe. arr ��uu[erm. wtur r «e esrt cwM. w «. [+e i.+n r.orda lhEre _ lAh1!'tNi, F�YIiIwtAl. GEN�f_tYetaio rl[[Nrsrr ar—� w.w•.wc.r««srSS crroiw.an . «e uota• .,.•or ,urMU .0000am amr..+orr [ure . «e lmoc..rttf u..caew . FN,/a,Eh,W. [N,ORIwRr «{n WK{, Yr1rw alhrY �t .{tKtUl.rCOrrOIE1Q « Q{rKrrN ap{NS Ilan[ trEwF7<r Nlwe SrY/Yh[w UrrQle r,rl NnON t,lY[r Ne QaOt,r[{ ua„na • l0« NaN, Uf,e[ fC0 ® [YC «39M/S.! SRffS dPM C�iM,hYn[o IQI ,rC[MS,� yr • QlQai. CONe W, f QFM d lw� WE4r f W l w MlhltO V. w rW «tea a YWl .. "eir[aa{. nlONld SIR Yl 9a,«f YW l Y u1«lIM r 11h11Et MQ wlM { a1. n GNId YQa N nY>!{ all IIrr1lE,rrpN Rt C6�dN r0 ,e >n lwrn {do Mat {,{o,rt0 r!e ;� .[US aNbe fraensc.[t h.rrw` wrn r�! OaeCrd o h.0 •Qal' arr[, a•O root, {•Snu r0 CUM WALLANDFENGELEGEND ir.�nt OEflllf1011 e«u. w000 n[o�n MO U, wI hN+rs tYfb {miry -W "' '.. PACIFIC COMMUNITIES BUILDER INC. PRELIMINARY COURTYARD LANDSCAPE PAN A L M E R I A at C O R T E B E L L O LDA ASSOCIATES, INC. scu F aa- 14NU5EaYE r1M.INtEC1f FNVIIg1M1FNI13l IIAN11ENf Ba.EE. � OP � RIORT SEIE ELEVATION LEFT SIDE ELEVATION REAR ELEVATION FRONT ELEVATION Woman MEM mcmaIOM ROOM i PACIFIC COMMUNITIES BUILDER INC. RECREATION BUILDING T' FLOOR PLAN LIST OF MATERIALS TVP. =RS SURROISO TRY w/ STUCCO OV. ST wSOow$ S OOOUS Tn. STUCCO TV►. FOSM TRY w/ STUCCO OV. TTp. no FASCIA SONIOS SICORATw! RAFT91 TATLS OECORATWE FOAM TRU wl STUCCO OV. S -SMN'E COMCIIT! ROOF TSE PACIFIC COMMUNITIES BUILDER INC. RECREATION BUILDING T' C� Cr i PACIFIC COMMUNITIES BUILDER INC. Cluster First Floor Plan L CORDOBA at CORTE BFI l0 i P L A N 14R PLAN 12R Y.F..Fw. ■�vw. I1 PLAN 15+�p ■w. gas ■4 n. PLAN 12 I s IPLAN 13R PLAN13 PLAN 714 8%12. PACIFIC COMMUNITIES BUILDER INC. Cluster Second Floor Plan L CORDOBA at CORTE BELLO m r \l alavallon 'A' Straight - In Elevation PLAN 23 elevation I8' Stralghl - In Elevation olavatlon'A' StralgM - In Elevation } ti SIAa Elevation Mr Elevation UST OF MATERIALS TYF. TXS $ R N. TRY W/ STUCCO OV. AT WINDOWS A ENTRY DOOR TYP. SECTIONAL PETAL GARAGE BOOR TYP. FOAM TIW W/ STUCCO OVER TYP. ]RB FASCIA TYP. STUCCO 09COIIATIVE CLAY TILE OECORATWE RAFTER TAILS DECORATIVE WOOD SHUTTERS DECORATIVE FOAM TRW W/ STUCCO OV. DECORATIVE CORBELS W/ STUCCO OVER WROUGHT OWN 7711} BAND W STUCCO OV. PROJECT" BALCONY (FALSE) W/ W.I. RAIL S -SHAPE CONCRETE ROOF TILE f ON 24 elevation s- Slralght - In Elevation 1 c PACIFIC COMMUNITIES BUILDERS INC. EXTERIOR ELEVATIONS L IIA CORDOBA at CORTE BELLO Wks PACIFIC COMMUNITIES BUILDER INC. Cluster First floor Plan Is ALMERIA at CORTE BELLO 2'4foArsodo+cA. m 4 .F PLAN 24R L AN 22R PLAN 21R P L Aff N 23R I. pus . L- / Op. a". I7 Nw H �Ma PLAN 24 993 *% n. PLAN 22 Isle OW n. PLAN 21 szo w. n. PLAN 23 Q y� PACIFIC COMMUNITIES BUILDER INC. Cluster Second Floor Plan L ALMERIA at CORTE BELLO d, a,. YW m W 1 It atevatlon'A' Straight - in Elevation JIL i PLAN 14 elevation e• 1 R-.. 1 Straight - In Elevation atevallon'A' Straight - In Elevation _ .11.....1 IL Ia Ne MME■ � -- 3� 3 i' T:.. Turn - In Elevation SW* Elevation L Mar Elevation _ _-__ FENCE LEE W '� Sift Elevation now Elevation LIST OF MATERIALS TYP. 1114 Ineet. TRY W/ STUCCO OV. AT Wa S A ENTRY DOOR TYP- SECTIONAL METAL DAMAGE DOOR TYF. FOAM TRIM W/ STUCCO OVER TYP. 2TS FASOA TYF. STUCCO DECORATIVE CLAY TILE DECORATWE MATTE M TAILS OECOMATIVE WOOD SMIITERS DECORATIVE FORM Taw W/ STUCCO OV. WOOD FRAMED POTSNELVES W/ aMICR S -SHAM CONCRETE MOOF TILE PLAN 15 elwatlon le, Straight - In Elevation ( Aw.ru I PACIFIC COMMUNITIES BUILDERS INC. EXTERIOR ELEVATIONS L �I CORDOBA al CORTE BELLO pr • Ir elevallon 'A' Side Elevation Sifalgllt - In Elevation Side Elevation Rea. Elevation PLAN 12 IR-T,t iii ±��IIIII�Illii!lllf ������� ►►'i'��I' ►��t���i�s.:,. 1il{ �: Inloll elevatlon'A' Twn - In Elevation rr mi■ ■/rrr/rl C I ' ■rrr■ /Atli i ...... aev.l monsoons ��� 1 il!ty:t!!1!ji; {�jllliliiiE�{.i .tl�i��; ill EpEt`�Zr j t'r��;iBEi f't F21.1 tC 11 1 i!I ti�il 'T •It .aF' i.• Vii' elevatlon'/' Twn - In Elevation Side Elevation x � Side Elevation LIST OF MATERIALS TvF tas sum TRAF w; STUCCO Ov AT wvgOws a TRTRW DOOR TWF. SEC T.OHAL YETAL GARAGE DOOR TWF. FOAY TRW w /STUCCO OVER TWF. 2K4 FASCIA TWF. STUCCO DECORATIVE CLAW TILE DECORATIVE RAFTER TAILS DECORATIVE WOOD SMITTERS oECORAT VE fo— TRY w: sfUCCO Ov. w000 FRAYED FOTsUELVEs w, DRICR S�SRAFE COeCRETE ROOF TILE 'LAN 13 ervenon H Stiaipbt - In Elevation Side Elevation PACIFIC COMMUNITIES BUILDERS INC. EXTERIOR fEEVATION!)L CORDOBA at CORTE BELLO i� F .at" 1! LIST OF MATERIALS rI r• TY►. ]Ra SUM. TMM W1 STUCCO M. AT W WDOWS A ENTRY DOOR r" Elevation alevallon'A' - In Elevation SMa Elevation x� I �4 iC•t In Elevation Mar Elevation Roar Elevation -,v1- 'V SMa Elevation 1 .at" LIST OF MATERIALS rI TY►. ]Ra SUM. TMM W1 STUCCO M. AT W WDOWS A ENTRY DOOR • TY /. SECTIONAL METAL GARAGE DOOM TY►. FOAM TIRO WI STUCCO OVE R J '..Y �I /, ,.�"' ..j,- TY►. IEE FASCIA TV►. ErUCCO �. DEC011ATIVE CLAY TILE 1 - - 'l-�.` T OECOIIA7IVE RAFTER TAILS I,T � • . DECORATIVE WOOD SMITTERS Cd1ATIVE FOAM TRIP W/ STIlC1.D OV. OE - +' • y 1 DECORATIVE CORBELS W/ STUCCO OVER #^ 'R OUGHT MOM ` _ � tE tt YMD W STUCCO OV. ►ROJECTED aALCOIIY FALSE WI W I. RAIL 1 I S.SMA►E CONCRETE ROOT TILE PLAN 22 elevation B' - In Elevation - In Elevation PACIFIC COMMUNITIES BUILDERS INC. EXTERIOR ELEVATIONS CORDOBA at CORTE BELLO ... Q$WY�:.s 4. m A� 1 I plan ItA pl.n -IV I .- _—, PACIFIC COMMUNITIES BUILDER INC. s I It I I I s c I N I AtMIRIA AT CORII, 8(tI0 01/22/1996 06:23 J- 9097365292 CROUSE BEERS ASSOC 7 =c° 0 0 rfj IL Z 4a O PAGE TENTATIVE TRACT NO. rsn9i'z. MOORPARK, CALIF. CROCISE16EERS & ASSOC C-1V11 ENGINEERING - SURVEYING I "^^ ui u..ra A- 00 X04 PARKING EXHIBIT 0 'CANNING PREPARED BY I SCALE, J-DATE ISHEET CO _ ELLO /MOORPARK 4/27/98. T 5053 •�?� EXECUTIVE SUMMARY NO OF DU 303 PLAN TYPE 12 13 14 15 21 22 23 24 �.. NOTE 11 VERY LOW 15 LOW 20 LOW W/ 4BR/1.000SF ALL W/ 3 BR/ ♦ NO OF DU 966 SF 31 15 46 37 44 63 20 47 :. SIZE OF DU 966 1,015 1,348 1,410 1,654 1,773 1,861 1,980 SITE AREA(AC) 35.23 DENSITY(DU /AC) 8.60 ' ' NO OF PARKING 1191 PARKING RATIO: 3.93 ` GARAGES: 606 kow ,. C O O O 04/27/9' 1 AFFSUM.WK4 S E�e� ��. 5 e� �5 ioc��!- �D�.u, hoi vV\ ?�lCu,wu PETITION I N f'tA '�. D - CC 12. /6 /q? f-n.c`:Ir 3 RE: PROPOSED PACIFIC COMMUNITIES DEVELOPMENT ADJOINING MAUREEN LANE, MOORPARK . We respectfully ask the Members of the City Council to deny the Pacific Communities proposed development as drawn and to ask the developer to come back to the council with amendments to the plans to include a 60 ft buffer zone and single story houses on the western boundary of the project adjoining Maureen Lane. The high density development is incompatible with the Maureen Lane subdivision. The zoning on Maureen Lane with a minimum lot size of one half acre and equestrian and livestock zoning is likely to cause conflicts with future residents of the proposed development. We feel the buffer and the single story homes will go a long way to avoiding any future conflicts between the two very different lifestyles. G N ED:AJ �(CtA��QE'� C coy e� 53 'J�' xt" 1 --�- / j ti G� �� /LZ J�J. 6'� �✓` to U'�/C) l a e;j L) !N ti � c �l l i is v\ L �" � "► UL o PETITION RE: PROPOSED PACIFIC COMMUNITIES DEVELOPMENT ADJOINING MAUREEN LANE, MOORPARK . We respectfully ask the Members of the City Council to deny the Pacific Communities proposed development as drawn and to ask the developer to come back to the council with amendments to the plans to include a 60 ft buffer zone and single story houses on the western boundary of the project adjoining Maureen Lane. The high density development is incompatible with the Maureen Lane subdivision. The zoning on Maureen Lane with a minimum lot size of one half acre and equestrian and livestock zoning is likely to cause conflicts with future residents of the proposed development. We feel the buffer and the single story homes will go a long way to avoiding any future conflicts between the two very different lifestyles. SIGNED: 4q "JZ L/ �f 47 Awre P a,' 44tl `T }�`� �� � �� � v� -t 5 lug /� � �- t �rx�'u. ► w t-t t (_Ci �L( r PETITION RE: PROPOSED PACIFIC COMMUNITIES DEVELOPMENT ADJOINING MAUREEN LANE, MOORPARK . We respectfully ask the Members of the City Council to deny the Pacific Communities proposed development as drawn and to ask the developer to come back to the council with amendments to the plans to include a 60 ft buffer zone and single story houses on the western boundary of the project adjoining Maureen Lane. The high density development is incompatible with the Maureen Lane subdivision. The zoning on Maureen Lane with a minimum lot size of one half acre and equestrian and livestock zoning is likely to cause conflicts with future residents of the proposed development. We feel the buffer and the single story homes will go a long way to avoiding any future conflicts between the two very different lifestyles. SIGNED: /m L -ate he q7q-7 R,, z-7 4 '76; S -"-/ � � 2- Y06z,,�,� Wj,�� F )� PETITION RE: PROPOSED PACIFIC COMMUNITIES DEVELOPMENT ADJOINING MAUREEN LANE, MOORPARK . We respectfully ask the Members of the City Council to deny the Pacific Communities proposed development as drawn and to ask the developer to come back to the council with amendments to the plans to include a 60 ft buffer zone and single story houses on the western boundary of the project adjoining Maureen Lane. The high density development is Maureen Lane subdivision. The Lane with a minimum lot size equestrian and livestock zonin, conflicts with future resident development. incompatible with the zoning on Maureen )f one half acre and 3 is likely to cause of the proposed We feel the buffer and the single story homes will go a long way to avoiding any future conflicts between the two very different lifestyles. SIGNED: 9 F41 q n ( V'I 01 u1( �tn I C" n -f . W,9�� CL4(-L /-/730 q130 MwrefA LAhe , Mcorp rr-