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Home My WebLink AboutAGENDA REPORT 1999 0707 CC REG ITEM 09BTo. From: Date: AGENDA REPORT City of Moorpark Honorable City Council Xv TT EM 9_ 6. --- CITY OF MOORPARK, CALIFORNIA City Council) Meeting ACTION: `,Vx7t 1jL(1 `�t`� 1 QOLI-W-1..1r1k- BY: J Wayne Loftus, Acting Director of Community Development44e June 24, 1999 (City Council Meeting of 7 -7 -99) Subject: CONSIDER REQUEST BY CABRILLO ECONOMIC DEVELOPMENT CORPORATION FOR APPROVAL OF ZONE CHANGE NO. 99 -3, TO CHANGE THE ZONING FROM RPD -15U TO RPD -8.9U (RESIDENTIAL PLANNED DEVELOPMENT ZONING FROM 15 UNITS TO 8.9 UNITS PER ACRE); RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 99 -7 TO DEVELOP 59 SINGLE FAMILY DETACHED DWELLINGS; AND TENTATIVE TRACT MAP NO. 5161 TO CREATE 59 RESIDENTIAL LOTS ON THE SOUTH SIDE OF POINDEXTER AVENUE EAST OF SIERRA AVEUNE AND WEST OF POINDEXTER PARK. (APN 511 -0- 090 -30) BACKGROUND On April 26, 1999, the Planning Commission following completion of a public hearing and considerable discussion voted to recommend approval to the City Council of a proposal by Cabrillo Economic Development Corporation for a 59 lot subdivision of single family detached homes. This project located on the south side of Poindexter Avenue is east of Sierra Avenue and immediately adjacent to the west of Poindexter Park. The access driveway which currently serves Poindexter Park will become a public street and be improved with paving, curb, gutter, and sidewalk providing access to the proposed subdivision and improved access to the park. The Planning Commission in their review of this project carefully evaluated the architectural and appearance factors of the proposed structures and recommended changes to be incorporated prior to submittal to the City Council for hearing. Initial architectural changes, which were implemented by the applicant's architect, were presented to staff on May 28, 1999, for review and comment. The revised elevations, which are included with this agenda report, were resubmitted on June 10, 11111.• Honorable City Council June 24, 1999 Page 2 1999. The subject site is in the Redevelopment Area and is being undertaken on land being sold by the Redevelopment Agency to Cabrillo Economic Development Corporation and will be developed under a Disposition and Development Agreement (DDA) approved by the Redevelopment Agency on July 8, 1998, which has been provided to City Council under separate cover. Fifteen (15) affordable housing units will be included in this project (250 of total dwellings), with the balance of the proposed homes, forty -four (44) units, to be market rate housing. Eleven units will be designated for Low - Income households (800 of median income, $47,800 for a family of 4) and four units will be designated for Very Low - Income (500 of median income, $32,650 for a family of 4) households. At the present time, the developer has not designated the exact location of the affordable units; however, the number of units by project phase and the affordability level have been included in the Disposition and Development Agreement. Phase I and Phase II as noted on the Tentative Tract Map will include four (4) Low and one (1) Very Low Income units; and Phase III will include three (3) Low and two (2) Very Low Income units. Other aspects of this project which involve non - standard criteria for development based upon the Zoning Ordinance and Street Development standards, are the result of waivers granted by the City Council on December 16, 1998. The waivers, which have been granted, include a reduction in setbacks and modification of street design standards and modification of the time for payment of certain fees. DISCUSSION This proposed project requests development of 59 single family dwellings on approximately 6.6 acres of land located adjacent to the west of Poindexter Park. The project involves a Residential Planned Development Permit, Zone Change and a Tentative Tract Map and is situated within the Redevelopment Area. This site is designated as VH (Very High Density - 15 dwelling units per acre) by the General Plan Land Use Element and is currently zoned RPD 15u (Residential Planned Development, 15 dwelling units per acre maximum) . The proposed zoning is RPD 8.9u. No change in the General Plan Land Use designation is required; as property may be developed at a density below the maximum allowed and remains consistent with the General Plan. The project, which M: \KSchmidt \M \Word \REPORTS \City Council Agenda Reports \990707 - Cabrillo - cc.doc rev.7/1/1999 12:29 PM 000005 Honorable City Council June 24, 1999 Page 3 has frontage on Poindexter Avenue, will take all of its access from a proposed new street ( "A" Street) intersecting Poindexter Avenue and running in a southerly direction separating this subdivision from Poindexter Park. The project is laid out with a loop street at each end of a rectangular site with a cul -de -sac street separating the loop streets. Railroad tracks used by Amtrak, Metrolink and freight trains are located approximately 100 feet to the north on the north side of Poindexter Avenue. Proximity to the railroad tracks presents some challenge from a design perspective because of the noise factor. Based upon the Acoustical Study submitted by the applicant, the placement of a six (6) foot high solid masonry wall at the Poindexter Avenue frontage will be adequate to attenuate the outdoor noise levels at the structures nearest to Poindexter Avenue, as well as those throughout the project. The interior noise levels will also be attenuated to the level required by the Noise Ordinance through the use of acoustical windows (noise deadening qualities) on all second story window openings on Lots 1 -7, that face the railroad tracks. Additionally, the windows must be kept closed at all times, requiring an appropriately sized forced ventilation system and vent openings in the walls must be placed on the sides of these dwellings away from the tracks. ACCESS AND STREET DESIGN As noted, all access t proposed new north /south feet ( "A" Street) which Poindexter Park. The sin, and access on public s (curb to curb) with 4 wide and a reduced knu property line) as appro December 16, 1998 (Att shopping center (Missic available via the currei these units will be directed to a street with a curb to curb width of 40 will also provide improved access to le family residences will have frontage ;reets approximately 36 feet in width eet wide sidewalks rather than 5 feet kle design on the loop streets (west Ted by City Council waiver granted on Lchment G). Pedestrian access to the i Bell Plaza) to the south will be t pedestrian access at Poindexter Park where secondary (emergency) access to this project is also available through an existing emergency access lane. The Ventura County Fire Department is in agreement with both the secondary access and the modification of the travelway around the loop streets. M: \KSchmidt \M \Word \REPORTS \City Council Agenda Reports \990707 - Cabrillo - cc.doc rev.7/l/1999 12:29 PM 000006 Honorable City Council June 24, 1999 Page 4 PROJECT SITE DESIGN This proposed subdivision of 59 single family homes (18 single story and 41 two story) has been configured on lots that range in size from 3225 sq. ft. to 5520 sq. ft. Based upon this "Compact Lot" configuration, the setback criteria found in the Planned Development provisions of the Zoning Ordinance, were viewed as restrictive and a request for waiver of setbacks together with stipulation for payment of fees for the affordable units was approved by the City Council on December 16, 1998. (See Attachment D & H). The net result of the waiver involves reductions in the development standards, some of which fall within the 20% reduction threshold of the Code while many exceed this threshold. Attachment D provides a comprehensive breakdown of the waiver that Council granted and includes notation of the waivers exceeding the 20% criteria as follows: • 52 lots have interior side yards of 3 feet where 5 feet is required (4 feet. = 200) • Side yards were reduced for two story homes from 15 feet total side yards between buildings (two story) to 8 feet on 32 lots, 12 feet on 6 lots, other lots vary from 9 -11.5 feet (12 feet = 200); and the 12 foot total side yard between single story buildings was reduced to 6 feet on 3 lots and 8 feet on 15 lots (9 feet 9 inches = 20%). • Interior side yards required at 5 feet were reduced to 3 feet on 52 lots (4 feet = 20 0). The setback of the garage door opening from the property line which is an average of 20 feet, but not less than 19.5 feet (16 feet = 200). All other development criteria including building height have been adhered to. The height of the proposed residences at the westerly property line has been limited to one story as requested by adjacent neighbors and as stipulated by the Disposition and Development Agreement (DDA). ARCHITECTURE AND SITE DESIGN FEATURES The proposed architectural theme of this project is "Cottage" which is typically characterized by both gable and hip roof M: \KSchmidt \M \Word \REPORTS \City Council Agenda Reports \990707 - Cabrillo - cc.doc rev.7/l/1999 12:29 PM 0 0 00 07 Honorable City Council June 24, 1999 Page 5 design on the structure, steeper roof pitches, especially on front gables with overhangs of 6 -12 inches. Building materials include; stucco, brick, and limited use of wood siding. Architectural features include tall windows and use of multiple building materials. There are frequently other more elaborate design elements that are also included; however, the above brief description includes the basic design features. The initial architectural designs submitted to the Planning Commission were not viewed as sufficient in their detail (articulation) and improvements were recommended. Additionally, the Planning Commission arrived at a consensus concerning the height of the walls between lots, and the design of gates visible from public street areas. Staff had recommended that these property line walls (separate one lot from another) be six (6) foot in height, however, after considerable discussion concerning applicant's request to limit the height to five (5) feet, the Commission concluded that five (5) feet, was adequate. Staff would continue to support the six (6) foot height, to insure some reasonable degree of privacy on these "compact lots ", and has included a condition in the attached Council Resolution requiring walls between lots to be six (6) feet in height. The Planning Commission viewed architectural and design issues as particularly important because of the smaller lot sizes where the typical lot width is approximately 43 feet with reduced setbacks. The revised elevations are attached to this report as part of Attachment A and the original elevations have been included with the Planning Commission agenda report. The revised elevations, which include considerable additional architectural detail, represent a substantial improvement and will complement Poindexter Park and the surrounding neighborhood. The enhanced elevations incorporate additional materials, alternative garage door designs, changes in the rooflines and alternative elevations. This proposed project includes eighteen (18) single story homes with three (3) alternative elevations and forty -one (41) two story homes where four (4) alternative elevations will be available. The Disposition and Development Agreement requires a minimum of three different elevations. The skillful mixing of the proposed alternative elevations combined with appropriate color and materials (review by Agency required) changes along the streetscape should result in an attractive neighborhood. The improvements as noted are significant, however, one remaining M: \KSchmidt \M \Word \REPORTS \City Council Agenda Reports \990707 - Cabrillo - cc.doc rev.7/l/1999 12:29 PM 000008 Honorable City Council June 24, 1999 Page 6 design detail should be included, that being, the incorporation of window surrounds on all elevations. The proposed window surrounds can be accomplished on the stuccoed elevations by flaring or creating a bulge in the stucco around the window (approximately 6 inches around all sides of the opening) which provides added detail. This type of surround is a permanent part of the building (not attached later) which can be accomplished at a minimum cost. Staff has suggested the window surrounds to the applicant who has agreed to add this feature. The draft City Council resolution includes appropriate wording to include window surrounds as a design feature. The design issues that were discussed by the Planning Commission have been addressed by the applicant through the revised elevations, including: • Enhancement of the Cottage style architecture to include more detail variation in elevations and variety of garage door designs. • Roofing materials to be concrete tile. or have been included as conditions of the Council Resolution, including: • Second -story windows on side property lines to be off- set on abutting units to enhance privacy. • Gates to side yards visible from the street to be wrought iron with mesh backing to obscure view. • Property line walls between lots to be decorative masonry, minimum five feet in height. The height of the proposed structures is approximately 23.5 feet to the ridgeline from the final pad elevation, for the two story units where a height up to 35 ft is allowed. The six lots which are immediately adjacent to the single family homes on the west property line are all single story in height as requested by the adjacent property owners and as limited by the Disposition and Development Agreement. It should, however, be noted that the existing homes on the west property line are not limited to M: \KSchmidt \M \Word \REPORTS \City Council Agenda Reports \990707 - Cabrillo - cc.doc rev.7/l/1999 12:29 PM 000009 Honorable City Council June 24, 1999 Page 7 single story and a two story addition to one of these units is currently under construction. Based on the design of this project and its frontage on Poindexter Avenue, which is designated as a Local Collector there is a landscape setback proposed, along with a sound attenuation wall six (6) feet in height as recommend by applicant's Acoustical Study. The wall will be made of brown slump block with pilasters. A 10 -foot deep landscaped parkway will be provided with approximately 4 -1/2 feet of landscaping separating a five- (5) foot wide sidewalk from the curb. The remaining landscaped parkway, which is five (5) feet in width, will separate the sidewalk from the property (sound attenuation) line wall along Poindexter Avenue. A 6 foot high brown slump block wall and approximately three (3) feet of landscaping between the sidewalk and the wall together with tree wells in wall pockets will be provided along "A" Street separating this project from Poindexter Park. A six -foot high brown slump block wall will also be provided along the entire length of the west property line with vine pockets in the sidewalk area where the loop streets abut the west property line. An eight- (8) foot high brown slump block wall is required at the common property line with Mission Bell Plaza (south property line) to insure privacy for future residences. In addition to the landscaping of the parkway areas, front yard landscaping will be installed by the developer including at least one 24 inch box tree in every front yard area. An entrance monument / landscape feature is also proposed at "A" Street and Poindexter. Maintenance of all parkway areas will be through a Homeowners Association (HOA) as required by the Disposition and Development Agreement. A condition has been included in the Council Resolution that vehicle access rights along Poindexter Avenue and "A" Street (separates park from project) be dedicated to the City, to insure that the wall and landscaping along these roadways remain in tact. Additionally, a deed restriction and covenant should be incorporated with the subdivision documents to restrict any further opportunity to gain vehicular access from the Mission Bell Plaza shopping center. Conditions to control these vehicular access concerns have been incorporated into the City Council resolution. M: \KSchmidt \M \Word \REPORTS \City Council Agenda Reports \990707 - Cabrillo - cc.doc rev.7/l/1999 12:29 PM 000010 Honorable City Council June 24, 1999 Page 8 RECOMMENDED CONDITION MODIFICATIONS Listed below is a summary of the recommended modifications to conditions found in the Planning Commission Resolution recommending approval of this project. Some conditions are new, others required modification for clarity or consistency with City policy or standards required of other similar projects. The following summary of modifications is provided: • Clarification of the timing of fees to be paid for affordable units. • Clarification, that future additions or modifications of structures meet all requirements of Title 24 of California Administrative Code. • Incorporation of sound attenuation measures into conditions for approval. Measures taken from applicant's sound attenuation study. (New) • Requirement that developer take into consideration connection of existing fences of adjacent residential on west property line to masonry wall required on project perimeter. This condition is consistent with the condition required for development of Mission Bell Plaza. (New) • Requirement to disclose existence of commercial center and parking lot along southern boundary of project. (New) • Clarification of the location of the sidewalk and landscaped parkway adjacent to Poindexter Ave. Sidewalk to be separated from the curb by landscaping in addition to landscaping between project perimeter wall and back of sidewalk. • Clarification that street improvement standards were modified by City Council. • Modification to recommended height of masonry walls that separate lot lines from five (5) feet as recommended by Commission to six (6) feet. M: \KSchmidt \M \Word \REPORTS \City Council Agenda Reports \990707 - Cabrillo- cc.doc rev.7/l/1999 12:29 PM 0 0 0 0 11 Honorable City Council June 24, 1999 Page 9 • Modification of conditions to include "A" Street and south boundary line of project in provisions to preclude vehicular access to rear or side yards by placing an opening in perimeter walls. (New) • Clarification of the time for installation of perimeter walls, type of material for lot line walls and type and color of products to be used for construction. (New) • Increase from 10 trips to 100 trips, the number of truck loads of earth materials that can be transported to or from the site before additional authorization is required from City Council. GENERAL PLAN CONSISTENCY This proposed residential development of 59 single family dwellings, including 15 units proposed for affordable housing is consistent with the goal of the Housing Element of the General Plan by providing housing opportunities to affordable households which assists the City in meeting its Fair Share Housing allocation. Also the density proposed which is less than allowed by the Land Use Element of the General Plan is consistent with that element and the proposed zoning designation is appropriate to implement the proposed project. STAFF RECOMMENDATIONS 1. Open the public hearing, accept public testimony, and close the public hearing on Zone Change No. 99 -3, Tentative Tract Map No. 5161 and Residential Planned Development Permit No. 99 -07. 2. Review, consider and approve the Mitigated Negative Declaration. 3. Introduce Ordinance No. approving Zone Change No. 99 -3 for first reading. 4. Adopt Resolution No. 99- approving Tentative Tract 5161 and Residential Planned Development No. 99 -7. M: \KSchmidt \M \Word \REPORTS \City Council Agenda Reports \990707 - Cabrillo- cc.doc rev.7/1/1999 12:29 PM 000012 Honorable City Council June 24, 1999 Page 10 ATTACHMENTS A. Project Exhibits B. Negative Declaration and Initial Study C. Planning Commission Staff Report and Resolution D. Memo Waiver of Setbacks E. Draft Ordinance - Zone Change F. Draft Resolution - RPD and TTM G. Agenda Report, Street Modifications H. Agenda Report, Modification of Fee Payments M: \KSchmidt \M \Word \REPORTS \City Council Agenda Reports \990707 - Cabrillo - cc.doc rev.7/1/1999 12:29 PM 000013 17T®00 IA..O.su- s � s e IN3wHOVJIV 11aft1jujilify if Jul KC Y s oil, k � C `0 ' Ci e.1®eT RIO fl`$�j tam w 5 z NUNN � u ;o n C a Z >m %O o � z s m ME] a a MOUNTAIN VIEW HOMES by GARLLO GODMIG MA I NS TREE T lwdwowAr O I ffic.Pw, A Pre. 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RUN. ir I W 'r I P I 11:11111:1 111SM& as . ........ doll ICJ too ...... 1 SECTION A -A STUDY AREA I Q N MAINSTREET AECHITECTS•PLINNERS, INC. =T,1:� LM• ^SL^ Po Oig r[ir�n� ~K— WP81W9ULRA iwi w -:� �s ..war•. -�w „s � '°°evs -sue a"'eeoi« �«�o-'ma°°'D1 ENLAR6ED SCALE LANDSCAPE SECTION MOUNTAIN VIEW HOMES 11011 AZAHAK STREET SATICOY, CALIFORNIA !M YAW b1 oculMn.1.'TLM! 1Y1T � � M /110/aa*Y lb IYx 1YU. wnl ♦ MME gym,[ X SECTION 5-B Iz S IIIIIIIIII 'II:III'�III"II"IIII��, SECTION A -A SLUNTxTONE WALL nrA STUDY AREA 3 sECnma 5-5 .�„�. ,,...,,• SECTION C-C VINE PLANrIM P ENLAR6ED STUDY AREA 2 AND 5 MOUNTAIN VIEW HOME5 11011 AZAHAR 5TREET L* SATICOY, CALIFORNIA Q © N MAINSTREET ARCNRBCTS•PUNNERS, INC. W IJR Wa BIRI, 9w1t A STILES GJRT15 P. 5TILe5, ASLA , eoa- e,o-aeeo r� eae- a,saea STUDY AREA 3 sECnma 5-5 .�„�. ,,...,,• SECTION C-C VINE PLANrIM P ENLAR6ED STUDY AREA 2 AND 5 MOUNTAIN VIEW HOME5 11011 AZAHAR 5TREET SATICOY, CALIFORNIA CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT 799 MOORPARK AVENUE MOORPARK, CALIFORNIA 93021 NEGATIVE DECLARATION X MITIGATED NEGATIVE DECLARATION I. PROJECT DESCRIPTION: 1. Entitlement: Zone Change No. 99 -3, Residential Planned Development Permit No. 98 -7, and Tentative Tract Map No. 5161 2. Applicant: Cabrillo Economic Development Corp. 11011 Azahar Street Saticoy, California 93004 3. Proposal: Residential Planned Development 98 -7 is for the construction of 59 single family homes. Tract Map No. 5161 is for a subdivision of approximately 6.6 gross acres into 59 lots for an overall density of approximately 8.94 units per acre. Zone Change No. 99 -3 - for a change in the zoning designation on the property from RPD -15u (Residential Planned Development 15 units per acre maximum) to RPD -8.9u (Residential Planned Development 8.9 units per acre). 4. Location The project is located on the south side of Poindexter Avenue, east of Sierra Avenue, west of Chaparral School and north of Mission Bell Plaza in the City of Moorpark, California, 93021 Assessor Parcel No: 511 -0- 090 -305. 5. Responsible Agencies: None. II. STATEMENT OF ENVIRONMENTAL FINDINGS: An initial study was conducted by the Community Development Department to evaluate the potential effects of this project ATTACHMENT-.B_ 000029 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. III. PUBLIC REVIEW: 1. Public Notice: Publication of a notice in a newspaper of general circulation in the area. 2. Document Posting Period: 3/26/99 to 4/26/99 3. Mailing of notices to all property owners within 1,000 feet of the project site. Initially Prepared on: December March 23, 1999 Prepared by: Paul Porter, Principal Planner March 23, 1999 2 0 00030 INITIAL STUDY 1. Entitlements: Residential Planned Development Permit No. 98 -7, Tentative Tract Map No. 5161. 2. Agency Contact: Community Development Department, City of Moorpark, 799 Moorpark Avenue, Moorpark, California, 93021, (8 05) 529 -6864. 3. Project Applicant: Cabrillo Economic Development Corporation, 11011 Azahar Street, Saticoy, California, 93004. 4. Project Location: The project is located on the south side of Poindexter Avenue, east of Sierra Avenue, west of Chaparral School and north of Mission Bell Plaza in the City of Moorpark, California, 93021. 5. Assessor Parcel No: 511 -0- 090 -305. 6. General Plan Designation: Very High Density (15 units per acre maximum). 7. Zoning: RPD -15 (Residential Planned Development, 15 units per acre maximum). 8. Description of Project: Residential Planned Development Permit No. 96 -1 is a request for 59 single family homes, 18 single story homes of 1,265 square feet each, and 41 two floor homes of 1,600 square feet each in size. Tentative Tract Map No. 5053 is for a subdivision of approximately 6.6 gross acres into 59 lots for an overall density of approximately 8.94 units per acre. Minimum lot size is approximately 3,225 square feet. Zone Change No. 99 -3 - for a change in the zoning designation on the property from RPD -15u (Residential Planned Development 15 units per acre maximum) to RPD - 8.9u (Residential Planned Development 8.9 units per acre). 9. Description of Project Site: The topography of the parcel is generally level with a slight southerly grade leading towards the southeast corner of the site which contains a small detention basin. The soils are alluvial soils containing 3 000031 inter - bedded layers of sandy clays, clayey sands and silty sands that extend to a depth of approximately 15' below the surface. To a depth of five to seven feet below the surface, these soils are porous or loose. Below these depths the soils are dense or stiff. The upper inter - bedded layers of sands and clays are underlain by dense medium to coarse sands with occasional thin layers of stiff clay. Three of the eight borings revealed man -made fill to depths ranging from three to eight feet consisting of moderately compact and porous sandy clay to clayey sand. Vegetation on the site consists of two stands of Arundo Donax (Giant Reed), Bougainvillea, Carpobrotus (Ice Plant), Hedera Helix (English Ivy), Rosmarinus Officinalus (Rosemary), Two Washingtonias (Fan Palm) and various deciduous stone fruit trees on the west property line. The east side of the site contains a small scattered grove of Nicotiana Glauca (Tree Tobacco). The following trees in the rear yard of the homes to the west of the site overhang the subject site: Dracaena Draco (Dragon Tree), Eriobotrya Japonica (Loquat), Lauraceae (Avocado), Laurus Nobilis (Sweet Bay), Morus Alba (White Mulberry), Opuntia (Cactus), Schinus Molle (California Pepper Tree), Ulmus Parvifolia (Chinese Evergreen Elm), and various citurs and stone fruit trees. Additional vegetation consists of annual and perennial native and introduced weedy species. The site was plowed under during 1998. Soils exploration on the site has resulted in a trench being dug from the center of the site to the southeast corner with a dirt mounded on the east side of the trench. 10. Surrounding Land Uses and Setting: Existing General Existing Zoning Plan Designation Designation Existin5Z iSP Site: VH (Very High RPD 15u (Residential Undeveloped Density) Planned Development 15 units per acre maximum North: SP #1 (Specific AE (Agricultural Poindexter Ave. Plan #1) Exclusive) Railroad Undeveloped South: C -2 (General CPD (Commercial Mission Bell Commercial) Planned Development) Plaza East: VH RPD 15u Poindexter Park 4 000032 West: M (Medium Density R -1 -8 (Single Single Family Residential) Family Residential Homes 8,000 sq.ft. lots) 11. Other Responsible Public Agencies: None. 12. Is the proposed project consistent with: Moorpark General Plan Yes X No N/A Applicable Specific Plan: Yes No N/A X Moorpark Municipal Code Yes No X N/A ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving impacts that have a "Potentially Significant Impact" as indicated by the checklist on the following pages. O Land Use & Planning O Public Services O Biological Resources X Geological Problems O Aesthetics O Hazards O Air Quality O Recreation X Transportation /Circulation O Population & Housing O Utilities & Service Systems O Energy & Mineral Resources X Water O Cultural Resources O Noise X Mandatory Findings of Significance ARE ANY OF THE FOLLOWING STUDIES REQUIRED: 13. Noise Study 14. Tree Study 15. Archaeological Report 16. Biology Report 17. Geotechnical Report 18. Soil borings and assessment for liquefaction potential 19. Traffic Study 5 Yes –X— No N/A Yes No X N/A Yes No X N/A Yes No X N/A Yes –X— No N/A Yes –X— No N/A Yes –X— No N/A 000033 20. Other: (identify below) 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. March 26, 1999 Paul Porter Principal Planner DETERMINATION: On the basis of this initial evaluation: • I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 71 • 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. X • I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. O • I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. O • 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 all potentially 6 000034 significant effects (a) have been earlier EIR pursuant to applicable avoided or mitigated pursuant to revisions or mitigation measures proposed project. O March 26, 1999 I. LAND USE AND PLANNING 1. Conflict with (Sources: 3,5) n analyzed adequately in an standards and (b) have been that earlier EIR, including that are imposed upon the Paul Porter, Principal Planner Would the proposal: general plan designation or zoning? O O O x Response: Section 17.20.050 of the Zoning Ordinance allows single family developments in RPD zones with approval of an Residential Planned Development Permit. The General Plan Land Use Map depicts the site as VH (Very High) which is in conformance with the zoning designation. This designation allows single family homes as an approved use. The proposal calls for a density of 8.94 units per acre, which is consistent with the General Plan and Zoning standards. In conjunction with Section 17.36.030.B.3, the City Council adopted Resolution No. 99 -1557 on December 16, 1998, to allow a waiver in the setback requirements for projects that provide units for very low and lower income households. 2. Conflict with applicable adopted by agencies with (Sources: 1, 2, 3, 5, 6, 9, 10 ) environmental plans or policies jurisdiction over the project? O O X O Response: The City of Moorpark is the agency with sole jurisdiction over this parcel. A Mitigated Negative Declaration has been prepared in accordance with the CEQA guidelines and conditions of approval have been approved to provide mitigation measures. There are currently no adopted plans concerning a specific land use or development proposal for the property. 3. Be incompatible with existing or planned land use in the vicinity? (Sources: 3,5,12) 7 000035 O O X O Response: Section 17.20.050 allows single family homes in RPD zones with approval of an Residential Planned Development Permit. The General Plan Land Use Map depicts the site as VH (Very High) which is consistent with the zoning designation. All surrounding existing land uses have been built in compliance with the Zoning Ordinance, Moorpark Municipal Code and General Plan requirements and do not contain any features or code violations which would be compromised if this project were to be approved. This project will not introduce a compatibility issue based upon current or proposed projects on the basis of the existing land use designation and zoning and is consistent with the adjacent uses and represents an upgraded level of design in comparison to the homes to the west. 4. 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: 3,5,12) O O X Response: The project site is not used for the growing of any agricultural crop and is not considered farmland of prime or statewide importance. The area has not been farmed in the recent past. 5. Disrupt or divide the physical arrangement of an established community (including a low - income or minority community)? (Sources: 3,5,12) O O O Fib Response: The site is located in a residential zone and does not require approval of a General Plan Amendment and is under the allowable density as the property is zoned for up to a maximum of 15 units per acre. Construction of the project will have no impact on the physical arrangement of the residential development on the west side of the project or require the construction of new streets other than those required for internal circulation. This project will provide additional affordable housing in the City. No agriculture is currently being conducted on the site and the project will not affect any existing land uses or 8' 000036 require a modification to any land uses arrangement or circulation. II. POPULATION AND HOUSING. Would the proposal: 6. Cumulatively exceed official regional or local population projections? (Sources: 3,11,12) O O O X Response: The proposed number of units represents a unit per acre density (8.93) considerably below the limit of 15 units per acre set forth in the Land Use Map of the General Plan and included in the City's population projections. 7. Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (Sources: 3,6,12, 13) O O X O Response: The project is an infill residential project in an existing residential neighborhood which will be under the allowable allowable under the existing zoning designation which allows up to 15 dwelling units per acre.. Infrastructure service lines exist on the project boundaries and the road network is adequate to serve the site. 8. Displace existing residents or housing, affordable housing? (Sources: 3,5,12) ■❑ 1 ■J ■❑ especially 94 Response: There are no existing residential units on the site, therefore, no mitigation is required. 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. The proposed density of this project (8.9 units per acre) is below the density allowed in the General Plan (15 units per acre). .l 00003'7 III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: 9. Fault rupture? (Sources: 3,13) 10 11. O X O Response: Pursuant to Geotechnical report prepared on December 13, 1993 by A.G.I. Geotechnical, approval of this project will not result in the creation of any geologic hazards. Review of the submitted materials and various documents reveals that no seismic hazards are known to exist on -site. The closest active fault is the Simi -Santa Rosa Fault (3/4 of a mile to the southeast) which is not within an Alquist - Priolo Special Studies Zone and has no known historic surface faulting. The estimated earthquake from this fault is a magnitude of 6.6. The lateral force requirements and code values specified in the building code and the Structural Engineer Association of California Seismology Committee should be considered in safe site design. The geotechnical engineering report prepared for the project indicates that the site from a geotechnical standpoint is suitable for the proposed single family homes. Seismic ground shaking? (Sources: 3,13) ■❑ U E] Response: Approval of this project will not result in the creation of any geologic hazards. Review of the submitted materials and various documents reveals that no seismic hazards are known to exist on -site. The closest active fault is the Simi -Santa Rosa Fault (3/4 of a mile to the southeast) which is not within an Alquist - Priolo Special Studies Zone and has no known historic surface faulting. The estimated earthquake from this fault is a magnitude of 6.6. The lateral force requirements and code values specified in the building code and the Structural Engineer Association of California Seismology Committee should be considered in safe site design. The geotechnical engineering report prepared for the project indicates that the site from a geotechnical standpoint is suitable for the proposed single family homes. Seismic ground failure, including liquefaction? (Sources: 3,13) 10 000038 O O x 13 Response: Approval of this project will not result in the creation of any geologic hazards. Review of the submitted materials and various documents reveals that the water table at 21' of the surface and the types of soils results in a low potential for liquifaction with failure of the structures not anticipated should liquifaction occur at the 21' water table level. No seismic hazards are known to exist on -site or within the immediate vicinity. The geotechnical engineering report prepared for the project indicates that the site from a geotechnical standpoint is suitable for the proposed single family homes. 12. Seiche, tsunami, or volcanic hazard? (Sources: 3,13) O O O X Response: Approval of this project will not result in the creation of any geologic hazards. Review of the submitted materials and various documents reveals that no aquatic hazards or volcanic activity are known to exist on -site or within the immediate vicinity. The geotechnical engineering report prepared for the project indicates that the site from a geotechnical standpoint is suitable for the proposed single family homes. 13. Landslides or mudflows? (Sources: 3,13) O O O X Response: Approval of this project will not result in the creation of any geologic hazards. Review of the submitted materials and various documents reveals that no landslide hazards are known to exist on -site or within the immediate vicinity. The geotechnical engineering report prepared for the project indicates that the site from a geotechnical standpoint is suitable for the proposed single family homes. 14. Erosion, changes in topography or unstable soil conditions from excavation, grading, and /or fill? (Sources: 3,13) O O x O Response: Approval of this project will not result in the creation of any geologic hazards. Review of the submitted 11 000039 materials and various documents reveals that no erosion or topographic hazards are known to exist on -site or within the immediate vicinity. The geotechnical engineering report prepared for the project indicates that the site from a geotechnical standpoint is suitable for the proposed single family homes. 15. Subsidence of the land? (Sources: 3,13) O 11 O X Response: Approval of this project will not result in the creation of any geologic hazards. Review of the submitted materials and various documents reveals that no subsidence hazards are known to exist on -site or within the immediate vicinity. The geotechnical engineering report prepared for the project indicates that the site from a geotechnical standpoint is suitable for the proposed single family homes. 16. Expansive soils? (Sources: 3,13) O O X O Response: Approval of this project will not result in the creation of any geologic hazards. Review of the submitted materials and various documents reveals that a low potential for expansive soil hazards are known to exist on -site or within the immediate vicinity. The geotechnical engineering report prepared for the project indicates that the site from a geotechnical standpoint is suitable for the proposed single family homes. 17. Unique geologic or physical features? (Sources: 3,12,13) 0 0 O X Response: Approval of this project will not result in the creation of any geologic hazards. Review of the submitted materials and various documents reveals that no geologic features will be altered. The geotechnical engineering report prepared for the project indicates that the site from a geotechnical standpoint is suitable for the proposed single family homes. Implementation of the project will require excavation and recompaction, contour grading, installation of utilities, and connection of drainage collection facilities to the flood control channel. The grading program will not result in changes to surface topography. During a brief period of time 12 000040 during construction, erosion sediment may occur; appropriate to insure that discharge of properties is avoided. and the displacement of measures will be required soil into the adjacent There is a low potential for liquifaction, expansive soils or other hazards. Amplification of seismic waves are likely in the event of an earthquake. Should the project be approved, standard conditions of approval will be adopted to insure the integrity of the homes and safety of the residents as specified in the mitigation measures below: Mitivations 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: 18. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (Sources: 1,12,13) O x 11 O 13 000041 Response: Any development project where pre- existing natural land is paved will result in changes to existing absorption rates. However, the degree of surface runoff, absorption rates, and drainage patterns can be sufficiently addressed through the installation of appropriate catch basins, drainage channels, pad grading, and orientation of the drainage system on site. 19. Exposure of people or property to water related hazards such as flooding? (Sources: 1,2) O X O O Response: The Federal Emergency Management Agency has designated the subject site as within Zone B on the Flood Insurance Rate Map (FIRM), Zone B is defined as, "areas between 100 and 500 year flood." Map No. 060712 0005A, adopted September 29, 1986. This site is not within the 100 year floodplain and City Engineer conditions will require the design to meet all potential flood hazards. 20. Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (Sources: 1,12) O O X O Response: Water accumulating on site will be conditioned to be directed off site into the Arroyo Simi, an existing flood control channel. Site inspection reveals that there is no existing surface water on site or on adjacent properties which could be affected. 21. Changes in the amount of surface water in any water body? (Sources: 1,3,12) O O X O Response: Water accumulating on site will be directed off site into the Arroyo Simi, an existing flood control channel. Site inspection reveals that there is no existing surface water on site or on adjacent properties which could be affected. 22. Changes in currents, or the course or direction of water movements? (Sources: 1,3,12) O O X O 14 000042 Response: Movement of all surface water will occur in methods specified by the City Engineer to insure proper drainage flows as conditioned in the resolution of approval. 23. 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: 1,3,12,13) ❑ ❑ X ❑ Response: No water wells are on site. Ventura County Waterworks District does not obtain any water from the site and the site is not utilized as an aquifer. The water table at 21' from the surface will not be affected by the project. 24. Altered direction or rate of flow of ground water? (Sources: 1,3,12) ❑ ❑ X ❑ Response: All surface water flow will be channeled in methods specified by the City Engineer towards storm drain facilities without impacting any adjacent sites or roadways. No impact is anticipated to ground water. 25. Impacts to groundwater quality? (Sources: 1,3,13) ❑ ❑ X ❑ Response: All surface water flow will be channeled in methods specified by the City Engineer towards storm drain facilities without impacting any adjacent sites or roadways. Runoff water will not affect any groundwater due to being directed into the Arroyo Simi. 26. Substantial reduction in the amount of groundwater otherwise available for public water supplies? (Sources: 1,3) ❑ ❑ X ❑ Response: No existing groundwater on the site is used for public water supplies and there are no private or public water wells. 15 000043 27. 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) 0 0 X 0 Response: The Federal Emergency Management Agency has designated the subject site as within Zone B on the Flood Insurance Rate Map (FIRM), Zone B is defined as, "areas between 100 and 500 year flood." Panel No. 060712 0005A, adopted September 29, 1986. Standard City Engineer conditions require the design of the project to meet all potential flood hazards. 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 1,800' south of the site. The Ventura County Flood Control District will condition approval of the project to insure adequate drainage of the site and the capacity of the drainage facilities. 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 which must be met prior to occupancy. 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 an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. 2. The plans shall depict all on -site and off -site drainage structures required by the City. 3. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied before and after development: 16 1111.. 4. 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: 5. All storm drains shall carry a 50 -year frequency storm; 6. All catch basins shall carry a 50 -year storm; 7. 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; 8. All culverts shall carry a 100 -year frequency storm; 9. 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; 10. 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. 11. 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; 12. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; 13. 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. 14. 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. 15. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the 17 000045 extent possible shall incorporate natural structure and landscape to reduce their visibility. 16. 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. 17. 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: 18. Adequate protection from a 100 -year frequency storm 19. Feasible access during a 50 -year frequency storm. 20. Hydrology calculations shall be per current Ventura County Standards. 21. 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) 1. 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. 2. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 3. 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. 4. 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 W-1 rl= 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) 5. 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. 6. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice F-T nr3hnnk.S" 7. 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. 8. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countrywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 9. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. 10. All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo" 11. 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. 12. 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 19 000047 review and approval prior to the issuance of a building permit. 13. 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. 14. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 15. 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. V. AIR QUALITY. Would the proposal: 28. Violate any air quality standard or contribute to an existing or projected air quality violation? (Sources: 1,3,9,10) IN] ■❑ 0 ■❑ Response: Grading improvements necessary to prepare the project site for construction would generate suspended particulates. This is not considered a potentially significant impact due to the duration of construction. During and after project construction, measures regarding pollutant concentrations will be imposed. 29. Expose sensitive 1,3,9,10) ■❑ receptors to pollutants? (Sources: 20 ■❑ X ll0 Response: Since this is a residential project with negligible traffic generation, there is little potential for odor impacts. The storage or production of odorous substances is prohibited. 30. Alter air movement, moisture, or temperature, or cause any change in climate? (Sources: 1,3,9,10) 0 0 0 X Response: Since this is a residential project with negligible traffic generation, there is little potential for any alteration of climactic conditions. 31. Create objectionable odors? (Sources: 1,3,9,10) 0 0 0 X Response: Since this is a residential with a low level of traffic generation, there is little potential for odor impacts. The storage of production of odorous substances is prohibited by the conditions. 32. 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 Quality Impact Analyses? (Sources: 1,3,9,10) 0 0 X 0 Response: Grading improvements necessary to prepare the project site for construction would generate suspended particulates. This is not considered a potentially significant impact due to the duration of construction. During and after project construction, measures regarding pollutant concentrations will be imposed. 33. 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) 0 0 X 0 Response: The County of Ventura Air Pollution Control District has reviewed the proposed project and made the following comment, "No significant air quality impacts are expected to result from the project." The project will result in construction related emissions and a 21 marginal increase in automobile related air pollutants. Pursuant to the 1989 Guidelines for the Preparation of Air Quality Analyses, the proposed project will produce approximately pounds of ROG area source and operational (vehicle emissions) per year which is below the 25 pounds per day (9,125 pounds per year) threshold. Therefore the proposed residential project will not have a significant adverse impact on air quality. VI. TRANSPORTATION /CIRCULATION. Would the proposal result in: 34. Increased vehicle trips or traffic congestion? (Sources: 3,6,15) O x O O Response: a Traffic Study was prepared on May 5, 1998, by Ramseyer and Associates. Approximately 579 vehicular trips will be generated daily by the project, which will not have a significant impact. City Engineer conditions will mitigate all traffic generated by the project. 35. An intersection level of service less than the City's system performance objective? (Sources: 3,6,14,15) O O x O Response: A minimal number of trips will be generated daily by the project. The traffic study indicated that no traffic signal will be required on Poindexter Road, or that any existing traffic signals will need to be upgraded. City Engineer conditions will mitigate all traffic generated by the project. 36. Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (Sources: 5,6,13,15) O O x O Response: Project adds new streets for internal circulation but does not modifies any existing circulation pattern or facility. Although this project could present a hazard to traffic on Poindexter Road, public safety agencies have reviewed the application for adequacy of service and imposed conditions of approval. Review and conditioning of the project insures that the project is in conformance with all code requirements and that the use is compatible with the site. Although the 22 ,1111 1 minimum street radius of 63' is below the 84'6" guideline of the General Plan, this has been permitted by the City Council. 37. Inadequate emergency access or access to nearby uses? (Sources: 3,5) ❑ ❑ X ❑ Response: Project does not modify the existing circulation pattern, but does add the internal circulation. Access to the site is from Poindexter Road and from Mission Bell Plaza the south. Public safety agencies have reviewed the application for adequacy of service and imposed conditions of approval. Review and conditioning of the project insures that the project is in conformance with all code requirements and that the use in compatible with the site. 38. Insufficient parking capacity on -site or off -site? (Sources: 5) ❑ ❑ ❑ x Response: Project meets all parking requirements from Section 17.32 of the Zoning Ordinance regarding the number and design of parking facilities for vehicles. 39. Hazards or barriers for pedestrians or bicyclists? (Sources: 3,5) ❑ ❑ X ❑ Response: Project will not alter any existing circulation patterns or facilities. The design of the project accommodates access needs of pedestrians and bicycles. 40. Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (Sources: 3) ❑ ❑ X ❑ Response: Project meets all parking requirements from Section 17.32 of the Zoning Ordinance regarding the access and design of parking facilities for alternative transportation. 41. Rail traffic impacts? (Sources: 12) 23 000051 D O O x Response: The site is adjacent to an existing rail line, however, no rail traffic will be generated. Residents have access to the existing Amtrak and Metrolink station on High Street. There will be no impacts to the rail line as a result of this proposal. Ramseyer and Associates prepared a Traffic Study which estimated that the proposed project would generate approximately 563 trip - ends per day with 45 vehicles per hour during the AM peak hour and 60 vehicles per hour during the PM peak hour. This project could also have cumulative traffic impacts which could be mitigated through the payment of AOC and Citywide Traffic Fees. Mitigation Measures: Street Improvement Requirements Street Improvements Mitigation STREET IMPROVEMENT REQUIREMENTS: 1. The Developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of the improvements. Street improvements and parkway landscaping shall not be accepted by the City for maintenance until completion, unless otherwise determined by the City Engineer. "A" Street, "B", "C", "D", "E", and "F" Drive 2. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision), or as modified per City Resolution. The street improvements shall include concrete curb and gutter, parkways, street lights, and signing, striping, interim striping and traffic control, paving, and any necessary transitions, to the satisfaction of the City Engineer. All driveway locations shall be approved by the 24 Q ®G ®52 Issues (and Supporting Potentially Potentially Less Than No Impact Information Sources): Significant Significant Significant Impact Unless Impact Mitigation Incorporated 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. 3. The Developer shall execute a covenant running with the land (or pay a traffic mitigation fee) on the behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. 3. The applicant shall make a special contribution to the City representing the Developers pro -rata share of the cost of improvements at the following intersection: Los Angeles Ave. /Moorpark Avenue (estimated cost of improvement $165,000) Los Angeles Ave. /Spring Road (estimated cost of improvement $150,000) Los Angeles Ave. /Tierra Rejada (estimated cost of improvement $100,000) Moorpark Ave. /Poindexter Avenue (estimated cost of improvement $120,000) 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 an estimate of the projected traffic numbers for calculation of the pro -rata share. 4. 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. 25 000053 Issues (and Supporting Potentially Potentially Less Than No Impact Information Sources): Significant Significant Significant Impact Unless Impact Mitigation Incorporated 42. Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? (Sources: 3,12,13) u FE-1 ❑ X Response: No rare or endangered plant or animal species were observed or are expected to exist on the project site. There are a number of trees and bushes on site, as described in Section 9 of the Initial Study (Project Description), none of which are endangered.. planted trees on the site. Plant impacts consist of removal of non - native grass land species and grasses, no shrubs or trees. The loss of vegetation associated with the proposed project is not considered significant. 43. Locally designated natural woodland, riparian woodland, (Sources: 3,12,13) n communities (e.g. oak coastal sage scrub, etc.)? ❑ X Response: A field inspection of the site indicates that there are no locally recognized natural communities which have been designated for protection. 44. Wetland habitat (e.g. riparian woodland or vernal pool)? (Sources: 3,12,13) ❑ ❑ ❑ x Response: A field inspection of the site indicates that there are no wetland, pools, ponds or other water features existing on the site. 45. Wildlife dispersal or migration corridors? (Sources: 3, 12, 13) ❑ ❑ ❑ x Response: The project site is a vacant undeveloped parcel surrounded by existing residential and commercial developments on two sides. No discernable wildlife corridors exist on site or on adjacent properties. 26 GZtZsit] M. I Issues (and Supporting Potentially Potentially Less Than No Impact Information Sources): Significant Significant Significant Impact Unless Impact Mitigation Incorporated Plant: 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. Animal Life: Other than several rodent species, the parcel has virtually no biological significance. VIII.ENERGY AND MINERAL RESOURCES. Would the proposal: 46. Conflict with adopted (Sources: 3) ■❑ energy conservation plans? O X O Response: The proposed project would result in the need for new connections to existing electrical, natural gas, telephone, water, sewer, and storm water drainage facilities, but would not create excessive demands on the existing system. Solid waste and recycling collection and disposal will be provided to residents by a private collection service under contract to the City. These homes are conditioned to required energy saving features in the electrical, mechanical and plumbing provided. 47. Use non - renewable resources in a wasteful and inefficient manner? (Sources: 3) D O X O Response: The proposed development is not expected to use substantial amounts of fuel or energy, and would not substantially increase demand upon existing sources of energy or require the development of new sources of energy. Energy saving features in the electrical, mechanical and plumbing systems are required as a condition of approval. 48. 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 O X 27 000055 Issues (and Supporting Potentially Potentially Less Than No Impact Information Sources): Significant Significant Significant Impact Unless Impact Mitigation Incorporated Response: Based upon the submitted Geotechnical Study and the Seismic and Safety Element of the General Plan, no known mineral resources exist on the site. 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: 49. A risk of substances pesticides, accidental explosion or release of hazardous (including, but not limited to: oil, chemicals or radiation)? (Sources: 1,3,5,13) 0 0 X 0 Response: The project does not involve a risk of an explosion or the significant release of hazardous substances, because hazardous materials are not involved during the operation or construction or the project. Project has been conditioned to prohibit the utilization or storage of explosive or hazardous materials. 50. Possible interference with an emergency response plan or emergency evacuation plan? (Sources: 1,3,5) O O X O Response: Project has no impact upon the existing or proposed circulation system in the City. Fire Prevention District and the Moorpark Police Department have reviewed the application and provided conditions of approval to insure safe design of the project. 51. The creation of any health hazard or potential health hazard? (Sources: 1,3,5) O O X O Response: The project does not involve a risk of an explosion or the significant release of hazardous substances, because hazardous materials are not involved during the operation or construction or the project. 28 000056 Issues (and Supporting Potentially Potentially Less Than No Impact Information Sources): Significant Significant Significant Impact Unless Impact Mitigation Incorporated Project has been conditioned to prohibit the utilization or storage of explosive or hazardous materials. 52. Exposure of people to existing sources of potential health hazards? (Sources: 1,3,5) O O x O Response: The project does not involve a risk of an explosion or the significant release of hazardous substances, because hazardous materials are not involved during the operation or construction or the project. Project has been conditioned to prohibit the utilization or storage of explosive or hazardous materials. 53. Increased fire hazard in areas with flammable brush, grass, or trees? (Sources: 1,3,5) O O O x Response: Completion of the project will remove the flammable grass on the site. The project has been conditioned to conform to all Fire District regulations for fire safety. The project site is not considered to be located in a high fire hazard area. The Ventura Country Fire Protection District has identified that the proposed development has sufficient access to allow for adequate fire protection. 54. Project located within or adjacent to a high fire hazard area as defined by the Ventura County Fire Protection District? (Sources: 1,3) O O x O Response: The project site is not considered to be located in a high fire hazard area. The Ventura Country Fire Protection District has identified that the proposed development has sufficient access to allow for adequate fire protection. 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 29 00005'7 Issues (and Supporting Potentially Potentially Less Than No Impact Information Sources): Significant Significant Significant Impact Unless Impact Mitigation Incorporated conditions on the project to ensure that there is sufficient access for fire protection. X. NOISE. Would the proposal result in: 55. Increases in existing noise levels? (Sources: 1,3,7,15) O O X O Response: An acoustical study was prepared on August 24, 1998 by McKay Conant Brook Inc. The proposed project is not expected to expose people to conditionally acceptable or unacceptable noise levels through the creation of on- site noise. There is no manufacturing on site, or large numbers of people or any proposed use which would generate noise. Therefore, this is not considered a significant impact. 56. Exposure of people to conditionally acceptable or unacceptable noise levels based on the City's Noise Element? (Sources: 1,3,7,15) O O X O Response: The closest significant noise generation source is the Poindexter Avenue and the railroad tracks to the north. Construction of a six foot high sound wall on the north side of the project and the use of acoustical windows rated at STC -30 or better on the second floors of lots 1 -7 will reduce any noise to within an acceptable level. The project will not generate significant amounts of noise and any noise impacts upon the site can be mitigated through the use of a sound wall and acoustical windows. 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: 57. Fire protection? (Sources: 3,5,12) O O X O 30 1111 Issues (and Supporting Potentially Potentially Less Than No Impact Information Sources): Significant Significant Significant Impact Unless Impact Mitigation Incorporated Response: The proposed single family homes would not require additional fire protection services. The project has been reviewed by the Fire Prevention District and conditioned to meet all District regulations. The applicant will be required to submit fees to cover the cost of current and future District service needs. 58. Police protection? (Sources: 1,5,12) O O x O Response: The proposed single family homes would not require additional police services. The project has been reviewed by the Police Department and conditioned to meet all Department regulations. The applicant will be required to submit fees to cover the cost of current and future Department service needs. 59. Schools? (Sources: 1,5,12) O O x O Response: The proposed single family homes would not require additional School District services. The project has been submitted to the School District for their review. The applicant will be required to submit fees to cover the cost of current and future School District service needs. 60. Maintenance of public facilities, including roads and parks? (Sources: 1,5,12) 0 o x o Response: The proposed single family homes would not require any roadway construction or improvements. The project has been reviewed by the City Engineer and conditioned to meet all requirement. No traffic study was required for the project. The applicant will be required to submit Area of Contribution fees to cover the cost of current and future street improvement needs. The applicant is not required to provide any additional parks or recreational facilities but is required to pay a Park Improvement fee for to meet future needs. 31 000059 Issues (and Supporting Potentially Potentially Less Than No Impact Information Sources): Significant Significant Significant Impact Unless Impact Mitigation Incorporated 61. Other governmental services? (Sources: 1,3,5,11,12) O O x O Response: The project has been reviewed by all affected governmental agencies. This project has been mitigated through the conditions of approval. Future service need are mitigated through contribution of various funds to provide the applicants fair share of the provision of services and the construction of facilities. 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: 62. Power or natural gas? (Sources: 1,3,5,11) O O x O Response: The proposed project would result in the need for new connections to existing electrical, natural gas, telephone, water, sewer, and storm water drainage facilities, but would not create excessive demands on the existing system. Construction, provision and payment of these services is the responsibility of the applicant. Solid waste collection and disposal will be provided by a private collection service under contract to the City. However, the applicant will be required to use the City's refuge hauler for collection of recycled materials and pay for the collection service. Construction and provision of these additional services is not expected to have a significant effect upon the environment due to the low number of trips generated and use of energy saving fixtures. 63. Communications systems? (Sources: 1,3,5,11) 32 111'i.l Issues (and Supporting Potentially Potentially Less Than No Impact Information Sources)' Significant Significant Significant Impact Unless Impact Mitigation Incorporated O D X D Response: The proposed project would result in the need for new connections to existing electrical, natural gas, telephone, water, sewer, and storm water drainage facilities, but would not create excessive demands on the existing system. Construction, provision and payment of these services is the responsibility of the applicant. Solid waste collection and disposal will be provided by a private collection service under contract to the City. However, the applicant will be required to use the City's refuge hauler for collection of recycled materials and pay for the collection service. Construction and provision of these additional services is not expected to have a significant effect upon the environment due to the low number of trips generated and use of energy saving fixtures. 64. Local or regional water treatment or distribution facilities? (Sources: 1,3,5,11) O O X O Response: The proposed project would result in the need for new connections to existing electrical, natural gas, telephone, water, sewer, and storm water drainage facilities, but would not create excessive demands on the existing system. Construction, provision and payment of these services is the responsibility of the applicant. Solid waste collection and disposal will be provided by a private collection service under contract to the City. However, the applicant will be required to use the City's refuge hauler for collection of recycled materials and pay for the collection service. Construction and provision of these additional services is not expected to have a significant effect upon the environment due to the low number of trips generated and use of energy saving fixtures. 65. Sewer or septic tanks? (Sources: 1,3,5,11) O O X O Response: The proposed project would result in the need for new connections to existing electrical, natural gas, 33 000061 Issues (and Supporting Potentially Potentially Less Than No Impact Information Sources): Significant Significant Significant Impact Unless Impact Mitigation Incorporated telephone, water, sewer, and storm water drainage facilities, but would not create excessive demands on the existing system. Construction, provision and payment of these services is the responsibility of the applicant. Solid waste collection and disposal will be provided by a private collection service under contract to the City. However, the applicant will be required to use the City's refuge hauler for collection of recycled materials and pay for the collection service. Construction and provision of these additional services is not expected to have a significant effect upon the environment due to the low number of trips generated and use of energy saving fixtures. 66. Storm water drainage? (Sources: 1,3,5,11) ❑ ❑ X ❑ Response: The proposed project would result in the need for new connections to existing electrical, natural gas, telephone, water, sewer, and storm water drainage facilities, but would not create excessive demands on the existing system. Construction, provision and payment of these services is the responsibility of the applicant. Solid waste collection and disposal will be provided by a private collection service under contract to the City. However, the applicant will be required to use the City's refuge hauler for collection of recycled materials and pay for the collection service. Construction and provision of these additional services is not expected to have a significant effect upon the environment due to the low number of trips generated and use of energy saving fixtures. 67. Solid waste disposal? (Sources: 1,3,5,11) ❑ ❑ x ❑ Response: The proposed project would result in the need for new connections to existing electrical, natural gas, telephone, water, sewer, and storm water drainage facilities, but would not create excessive demands on the existing system. Construction, provision and payment of these services is the responsibility of the applicant. Solid waste collection and disposal will be provided by 34 000062 Issues (and Supporting Potentially Potentially Less Than No Impact Information Sources)' Significant Significant Significant Impact Unless Impact Mitigation Incorporated a private collection service under contract to the City. However, the applicant will be required to use the City's refuge hauler for collection of recycled materials and pay for the collection service. Construction and provision of these additional services is not expected to have a significant effect upon the environment due to the low number of trips generated and use of energy saving fixtures. 68. Local or regional water supplies? (Sources: 1,3,5,11) ❑ ❑ X ❑ Response: The proposed project would result in the need for new connections to existing electrical, natural gas, telephone, water, sewer, and storm water drainage facilities, but would not create excessive demands on the existing system. Construction, provision and payment of these services is the responsibility of the applicant. Solid waste collection and disposal will be provided by a private collection service under contract to the City. However, the applicant will be required to use the City's refuge hauler for collection of recycled materials and pay for the collection service. Construction and provision of these additional services is not expected to have a significant effect upon the environment due to the low number of trips generated and use of energy saving fixtures. 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: 69. Affect a scenic vista or scenic highway? (Sources: 1,3,12) ❑ ❑ ❑ X Response: The proposed site is flat and does not include • major ridge line. Therefore, there is no potential for • significant effect on the environment due to involvement of a major ridge line. Combined with low glare lighting fixtures, and specific fixture design guidelines, the proposed development should not 35 1111. � Issues (and Supporting Potentially Potentially Less Than No Impact Information Sources): Significant Significant Significant Impact Unless Impact Mitigation Incorporated significantly interfere with any view sheds. The site is not adjacent or within view of any scenic highway as designated by the General Plan. 70. Result in the loss, covering, or modification of any unique geologic or physical features? (Sources: 1,3,12) O O O x Response: Field inspection has revealed that there are no unique geological or physical features. The proposed site is flat and does not include a major ridge line. Therefore, there is no potential for a significant effect on the environment due to involvement of a major ridge line. Construction of the project will not significantly interfere with any view sheds. 71. 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: 5,12) ■❑ O O x Response: The project site is flat and is not covered under the provisions of Section 17.38 (Hillside Management) of the Zoning Ordinance. 72. Create an aesthetically offensive site open to public view? (Sources: 1,3,11,12) O O x O Response: Architectural design of the project, review of all required agencies, and the conditions of approval will insure that the site is not offensive and has a design which is compatible with the requirements of the Zoning Ordinance complements the surrounding land uses. Construction of single family homes is an allowed use on the site. Any violations in property maintenance will be 36 000064 Issues (and Supporting Potentially Potentially Less Than No Impact Information Sources): Significant Significant Significant Impact Unless Impact Mitigation Incorporated regulated under the Property Maintenance provisions of the Municipal Code. The architecture and landscaping currently proposed will be conditioned to be consistent with the surrounding uses. 73. Result in the loss of a distinctive historic or landmark tree or stand of mature trees? (Sources: 5,12) O O O x Response: Field inspection has indicated that there are no historic or landmark trees on the subject site. 74. Create light or glare? (Sources: 5,12) 0 o x 0 Response: Development of a vacant site always leads to an increase in lighting on a site. The proposed single family homes will introduce a lighting level normal for this type of development which is compatible for the project location and adjacent land uses. Standard conditions of approval will minimize the lighting impact on adjacent properties. 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: 75. Disturb paleontological resources? (Sources: 5,12) O O O x Response: As determined by a field inspection, geoechnical report, and environmental study for previous applications on the site, no paleontological, 37 4®6065 Issues (and Supporting Potentially Potentially Less Than No Impact Information Sources): Significant Significant Significant Impact Unless Impact Mitigation Incorporated archaeological or historical sites have been identified within the vicinity of the project site, and there are no existing historical structures. 76. Disturb archaeological resources? (Sources: 5,12) O O O X Response: As determined by a field inspection, geoechnical report, and environmental study for previous applications on the site, no paleontological, archaeological or historical sites have been identified within the vicinity of the project site, and there are no existing historical structures. 77. Affect historical resources? (Sources: 5,12) O O O x Response: As determined by a field inspection, geoechnical report, and environmental study for previous applications on the site, no paleontological, archaeological or historical sites have been identified within the vicinity of the project site, and there are no existing historical structures. 78. Have the potential to cause a physical or aesthetic change which would affect unique ethnic cultural values? (Sources: 5,12) O 0 O X Response: Field inspection and research of issued permits indicates that the site is not currently used, and has no history of use for any religious or cultural service, ceremony or use. No unique ethnic cultural value or use has been identified to exist or occur either on or within the vicinity of the site. 79. Restrict existing religious or sacred uses within the potential impact area? (Sources: 5,12) O D O X 38 1111.. Issues (and Supporting Potentially Potentially Less Than No Impact Information Sources): Significant Significant Significant Impact Unless Impact Mitigation Incorporated Response: Field inspection and research of issued permits indicates that the site is not currently used, and has no history of use for any religious or cultural service or ceremony. Based on a review of existing literature, the project site was determined to be of relatively low potential significance for archaeological and historical deposits. Therefore, the proposed development will not impact any cultural resources. XV. RECREATION. Would the proposal: 80. Increase the demand for neighborhood or regional parks or other recreational facilities? (Sources: 3,5) O O X O Response: The proposed project is residential in nature and will result in the construction of new dwellings, whose residents will require the provision of recreational facilities. The number of residents added to the City in the tract is not sufficient to increase the demand for new facilities above the construction of Poindexter Park immediately adjacent to the east. Applicant will be required to submit a contribution to the City to accommodate the future recreation needs. 81. Affect existing recreational opportunities? (Sources: 3,5) O O X O Response: The proposed project will not affect or overburden existing recreational facilities. Poindexter Park adjacent to the east was constructed to serve the needs of the immediate neighborhood, with sufficient size and amenities to include this project. 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. tuo QUOU6`7 Issues (and Supporting Potentially Potentially Less Than No Impact Information Sources): Significant Significant Significant Impact Unless Impact Mitigation Incorporated XVI. MANDATORY FINDINGS OF SIGNIFICANCE. 82. Does the project have 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 83. Does the project have the potential to achieve short - term, to the disadvantage of long -term, environmental goals? O O x O 84. 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 X O O 85. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? O 11 X O XVIII. REFERENCE LIST: The references used in responding to this questionnaire include the following: Standard References 40 Issues (and Supporting Potentially Potentially Less Than No Impact Information Sources): Significant Significant Significant Impact Unless Impact Mitigation Incorporated 1. EIR for Moorpark Land Use and Circulation Element Update and Sphere of Influence Expansion Study (1992). 2. Federal Emergency Management Agency, Flood Insurance Rate Map, Community Panel Number 060712 0005 A, September 29, 1986 and revision dated August 24, 1990. 3. General Plan of the City of Moorpark. 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. 7. Technical Appendices for the General Plan Noise Element, November 1994. 8. U.S.G.S. Topographic Quadrangle Maps for Moorpark. 9. Ventura County Air Pollution Control District, Guidelines for the Preparation of Air Quality Impact Analyses, 1989. 10. Ventura County Air Pollution Control District, Ventura County Air Quality Management Plan, 1991. 11. General Plan and Ventura Council of Governments population projections, 1992 and 1998 respectively. 12. Field inspection of site. Protect Technical Study References 13. Geotechnical Investigation Report dated December 13, 1993 by A.G.I. Geotechical. 14. Noise Study prepared in August 1998 by Mc Kay Conant Brook Inc. 15. Traffic Analysis prepared May 5, 1998, Ramseyer And Associates Inc. 41 City of Moorpark Community Deveolop&ent Department Sta:f Report PLANNING CObWSSION MEETING DATE: April 26, 1999 AGENDA ITEM NO.: is�, A , ZC 99- Zone Change from RPD -15u (Residential Planned 3, RPD Development 15 units per acre maximum) to RPD 99 -7& 8.9u; Residential Planned Development Permit TTM to allow construction of 59 dwelling units 556 and Tentative Tract Map for 59 residential 5561 lots IAPN 511 -0- 090 -305 CEQA I (Mitigated Negative Declaration APPLICANT: Cabrillo Economic Development Corporation REQUEST: Zone Change No. 99 -3 for a change in zoning designation from RPD -15u (Residential Planned Development 15 units per acre maximum) to RPD 8.9u; Residential Planned Development Permit to allow construction of 59 dwelling unit3 and Tentative Tract Map for 59 residential lots. Planning Commission action is a recommendation to City Council who will take final action. ENVIRONMENTAL ASSESSMENT: A Mitigated Negative Declaration has been prepared for the ZC, RPD, and TTM and is subject to the recommendation of the Planning Commission. LOCATION: South side of Poindexter Avenue, east of Sierra Avenue, west or Chaparral School and north of Mission Bell Plaza U/ SITE CA5Er ROAD k AVE i ►�2TZ AVE. < CL < n �D < ~ 3 (FWY. III) < LOS ANGELES AVEM& REC�1Q11�TTA1* aT7fw�wnv. r__ --__ -' -1PP —at wiL." Conditions. ATTACHMENT CA 0000- o Planning Commission Staff Report Applicant: Cabrillo Economic Development Corporation RPD 98 -7, ZC 99 -3 and TT 5161 Page No. 2 BACKGROUND .AND PRIOR ACTIONS: On July 8, 1998, the Moorpark Redevelopment Agency approved a Disposition and Development Agreement (DDA) with Cabrillo Economic Development Corporation (CEDC) for the construction of 59 single family residential dwelling units at the Gisler Field Site. The DDA allowed CEDC to request certain modifications to the development standards contained in the Municipal Code for residential projects. On December 16, 1999, the City Council approved a waiver of setback requirements, approved a modification of street design standards and approved a modification to the Fee payments for the proposed development project. The following determinations were made by the City Council: a. Setback requirements were waived up to and in excess of 20 percent of the standards described in Section 17.36.030.3B of the Municipal Code. The amount of setback reduction for each lot in some cases exceed 20% and are described in the memorandum from the Planning Manager dated December 3, 1998 (Attachment No. 6) . The setback waivers were for the following minimum setbacks: Front Yard Setback: 16 ft. tc only 5 units) Rear Yard Setback: 16 ft. Side Yard Setback: 3 ft on Distance Between Structures: porch; 18 ft. to garage (affects 52 lots 6 ft. on 3 lots b. A modified street design for the radius of two internal streets with the curbs of the radius area as modified to be painted red and posted for no stopping at any time. The modified design has been approved by the Ventura County Fire Department. C. A modified sidewalk width from five (5) feet to four feet (4'). d. Modification for the payment of development fees as follows: • Development fees for paid in full prior Occupancy • Development Fees for paid in full prior tc • Development fees to r • Quimby fees for the capped at 53,000 per the 15 affordable housing units to be to the issuance of a Certificate of the market rate housing units to be issuance of a building permit, e those in effect on July 8, 1998 15 affordable housing units to be unit. 000071 Planning Commission Staff Report Applicant: Cabrillo Economic Development Corporation RPD 98 -7, ZC 99 -3 and TT 5161 Page No. 3 APPLICATION COMPLETENESS: The proposed project was deemed incomplete on January 8, 1999. In accordance with City policy, all projects must be consistent with the General Plan and Zoning Code to be deemed complete. Once a project is deemed complete, the City has 105 days from the date of application completeness to certify the Mitigated Negative Declaration. The City has 60 days from the date of certification to adopt a Resolution to approve or deny the project. GENERAL PLAN/ ZONING AND USES: Existing General Existing Zoning Plan D sianation Designation Pxistina Ustz Site: VH (Very High RPD 15u (Residential Undeveloped Density) Planned Development 15 units per acre maximum North: SP #1 (Specific AE (Agricultural Poindexter Ave. Plan #1) Exclusive) Railroad Undeveloped South: C -2 (General CPD (Commercial Mission Bell Commercial) Planned Development) Plaza East: VH RPD 15u Poindexter Park West: M (Medium Density R -1 -8 (Single Single Family Residential) Family Residential Homes 8,000 sq.ft. lots) Explanation: C -2 (General Commercial) CPD VH (Residential - Very High Density - 15 du /acre) CPD (Commercial Planned Development) RPD (Residential Planned Development Permit) M (Residential - Medium Density - 4 du /acre) ORDINANCE AND POLICIES: Section 17.20.050 of the City's Zoning Ordinance requires a Planned Development Permit for multiple family and affordable housing units in the RPD Zone. A Planned Development Permit requires a discretionary decision to authorize development and use on a site. Chapter 17.32 of the Zoning Ordinance establishes standards for parking, loading and landscaping and Section 17.36.030 establishes 0000'72 Planning Commission Staff Report Applicant: Cabrillo Economic Development Corporation RPD 98 -7, ZC 99 -3 and TT 5161 Page No. 4 standards for Residential Planned Development Zones including standards for setback waivers when affordable housing units are developed.. As previously mentioi,ed, the applicant has been granted waivers by the City Council for building setback requirements, and to allow modification of street design standards for the proposed development project. PROJECT DESCRIPTION: This proposed single family residential project will consist of the following: Residential Planned Development Permit No. 96 -1 is a request for 59 single family homes, 18 single story homes of 1,265 square feet each, and 41 two floor homes of 1,600 square feet each in size. Tentative Tract Map No. 5053 is for a subdivision of approximately 6.6 gross acres into 59 lots for an overall density of approximately 8.94 units per acre. Minimum lot size is approximately 3,225 square feet. Zone Change No. 99 -3 - for a change in the zoning designation on the property from RPD -15u (Residential Planned Development 15 units per acre maximum) to RPD- 8.9u (Residential Planned Development 8.9 units per acre). A total of 15 affordable housing units have also been incorporated into this project, consisting of 11 dwellings proposed to be sold to Low Income eligible purchasers and a minimum of four of the homes to be sold to Very Low Income (50% of median income) eligible purchasers. The units designated for sale to Low (80% of median income) and Very Low Income households shall remain committed to affordable households until the year 2032. The purchase prices of all assisted units shall not exceed the appraised value of the home ANALYSIS: General Plan The proposed project will have a gross density of approximately 8.9 units per acre. Under the VH (Very High Density) Land Use Designation of the General Plan, a density of up to 15 units is available without use of a density bonus. In this case, the proposed project density is well below, (9du /ac) , the density permitted within a VH land use designation as well as that permitted by the zone district. 000073 Planning Commission Staff Report Applicant*, Cabrillo Economic Development Corporation RPD 98 -7, 7C 99 -3 and TT 5161 Page No. 5 Site Description: The topography of the parcel is generally level witli a slight slope toward3 the southeast corner of the site which contains a small detention basin. Lot Area Gross Area Site Building Area Total Private Landscape Total Private Hardscape Total Common Landscape Density 8.9 units per acre Access 6.6 acres 2 acres Area 112,520 sq. ft Area 22,540 sq. ft. Area 1,420 sq.ft. Access to the proposed site will be provided through construction of a 40 foot wide (curb -to -curb) collector street ( "A" Street) which is aligned in a north /south direction from Poindexter Avenue within a 53 foot right -of -way. The single family residences will be on private loop streets connecting to "A" Street which separates this proposed land use from Poindexter Park. The loop streets are proposed to be 36 feet wide curb -to -curb. There will be a pedestrian access via the park from these units to the shopping center. Parking Ordinance Requirement Pursuant to Section 17.32 of the City's Municipal Code, the parking requirement for single family dwelling units is a two car garage plus an additional 1/2 parking spaces per unit as visitor parking in a Residential Planned Development Zone. Proposed Parkin As proposed, each residential unit will have a two car garage with minimum 20'6" deep driveway in front of the garage door except for five units which are a minimum of 18 ft. which is of sufficient length to accommodate additional parking (conditioned upon garages having sectional roll up doors). In addition both the collector street as well as the loop streets will accommodate parking on both sides of the street with the exception of the knuckle areas of the loop streets which were modified by the City Council and required to be painted red and posted for no stopping at any time. o000 74 Planning Commission Staff Report Applicant: Cabrillo_ Economic Development Corporation RPD 98 -7, ZC 99 -3 and TT 5161 Page No. 6 Landscaping: Ordinance Requirement Section 17.36.030 of the Municipal Code requires the minimum landscaped setback (for Market -rate Multifamily Residential Development Projects) to be 20 feet with an average of 24 feet from any primary or secondary arterial street and 20 feet from any collector, minor or cul -de -sac street. The Ordinance requires that the setback be measured from the exterior property line. Although there is no minimum percent of required landscaping for residential projects, this proposal includes landscaping on approximately 35% of the front yard area, with the balance in driveway or front walking area. Proposed Landscaping As proposed, the site will contain approximately 13,060 of total private landscaped area (approximately 3.1 acres) and common landscaping of approximately 1,420 square feet consisting of landscaping at the terminus of the cul -de -sac and adjacent to Poindexter Avenue. The conceptual landscape plan depicts Pepper Trees and Liquid Amber as being typical trees along Poindexter Avenue. Typical trees on other streets include Jacaranda, Tipu Tree, Evergreen Elm and White Alder. Accent trees will include Sweetshade and Crape Myrtle. Each lot is proposed to have an accent tree in the front yard area. A 10 foot wide landscape buffer adjacent to the sidewalk is proposed along the northerly property line adjacent to Poindexter Avenue. The Poindexter Avenue frontage will also contain a 6 foot high wall and a hedge located adjacent to the wall. In addition, a planted gateway at the corner radius with an identification sign is proposed at "A" Street (North /South access road) and Poindexter Avenue. The design of this entrance feature will be determined as part of the condition compliance review process. The conceptual landscape plan depicts approximately 20 feet of front yard landscaping which will consist of one accent tree per lot, turf planting and low shrubs which will be located adjacent to the front of the residences. The applicant has indicated the developer will provide front yard landscaping on all lots. Staff has included the following condition of approval on the RPD to insure completion of front yard landscaping prior to occupancy. 0®00'75 Planning Commission Staff Report Applicant: Cabrillo Economic Development Corporation RPD 98 -7, ZC 99 -3 aad TT 5161 Page No. 7 Completion of Common and Front Yard Landscapin 41. The applicant shall install front yard landscaping as approved on the landscape plans. Front yard and common landscaping shall be completed for each lot prior to it's occupancy. Walls The project plans indicate a 5' high wood fence for interior property lines and adjacent to the residential properties to the west. In discussing this project with the architect, the architect indicated an error on Sheet Al and that the plan should have depicted a five (5) foot masonry high wall along interior property lines and a 6' high wall adjacent at the west project property line adjacent to the existing residences. To be consistent with other residential projects of a similar nature, staff has placed a condition on the RPD for interior and rear property line walls requiring the following: The project property line that separates the single family residences to the west shall have 6 foot high wall(as measured on the project side). The project property line wall adjacent to the residences shall be constructed prior to issuance of building permits for construction. Interior and exterior walls shall be made of slump block or other masonry or concrete products as approved by the Community Development Director. As the property contiguous to the southern property line is commercial, staff has required construction of an 8' high wall of the same design as the existing wall located along the western property line of CPD 89 -1 adjacent to the existing residences. The wall is to be constructed prior to the issuance of building permits for construction of any single family dwellings. Building Height: Ordinance Requirement Pursuant to Section 17.24.02A of the Municipal Code. The maximum allowable height in the Residential Planned Development Zone is 35 feet which is consistent with the height of the proposed residential structures as follows: two story units height from finished grade of approximately 23 1/2 feet; and one story structures height from finished grade of approximately 18 feet. 000076 Planning Commission Staff Report Applicant: Cabrillo Economic Development Corporation RPD 98 -7, ZC 99 -3 and TT 5161 Page No. 8 Architectural Stvle: The proposed architecture is an eclectic style in that it has features of several architectural styles using materials such as: stucco, wood columns, brick veneer, wood sills, decorative wood attic vents and vertical wood siding with asphalt laminated shingles on the roof. The proposed architecture although viewed as compatible with the existing residences located to the west of the proposed project, is not representative of current trends that incorporate significant details to enhance the streetscape. The project applicant should consider additional enhancements to the proposed elevations to convey an appearance, at least from the street, which is more consistent with the emphasis on design details and variation in elevations to create a more interesting street appearance. The developer has proposed two alternatives of laminated ultra heavy fiberglass shingle (composition) roofing with a decorative appearance and a limited warrantee period of 30 or 40 years, depending on the material selected. This proposed roofing material is not consistent with other similar projects proposed recently in the community, including those with an affordable housing component. Based upon the current DDA (Disposition and Development Agreement) there is no acknowledgement or agreement concerning composition roofs. The original Request for Proposal (RFP) issued in April 1995, by the Moorpark Redevelopment Agency for the Poindexter Housing Project outlined the desired criteria for construction of the proposed dwelling units. The criteria included: "Homes to have asphalt shingle thick butt roofing (minimum 30 year guarantee) ". The response to this RFP submitted by Cabrillo Economic Development Corporation (applicant) in June of 1995 noted that they would "meet or exceed the design conditions specified in the RFP" and they specifically stated that "Roofing will be asphalt shingle thick butt variety and will have a minimum 30 year guarantee." The response to the RFP did not result in selection of the developer. Subsequent documents in 1997 exchanged between the Agency and the project developer, which included another RFP, did not specify the roofing material but instead asked for a "list of the amenities on the home and the associated cost of each amenity." Cabrillo in its response to the Agency RFP repeated the statement concerning thick butt asphalt shingles. The applicant has consistently referenced the type of roof material to be incorporated on the structures, however the Redevelopment Agency neither accepted or rejected the proposal. It is staff's understanding, that in the early discussions of this project there was a strong desire of the residents to the west, as well as Council's desire, that this site be developed to be generally consistent with the homes to the west, including limiting units at the west property line to single story in height. The use of earth tone tile roofing would easily be UO ®0'7'7 Planning Commission Staff Report Applicant: Cabrillo Economic Development Corporation RPD 98 -7, ZC 99 -3 and TT 5161 Page No. 9 considered as consistent with residences to the west. The only item in support of the, composition roofs is the response to the 1995 RFP. Consideration should be given_ to the aesthetic features of the proposed residences as well as the cost. There are products available, including light weight concrete tile that could be selected to enhance the appearance of the roof without requiring structural modifications. These materials may be more costly than the current proposal, however, application of inappropriate materials may have more of an impact on City efforts to improve aesthetics than the cost of the proposed units. This consideration of impact to other neighborhoods in the community is particularly important in this case, since this site will be easily viewed from the future residences proposed as part of Specific Plan No. 1 on the hills north of this site. Fifteen of the units are designated as affordable, however the 44 remaining units will be priced at market rate. The entire neighborhood should depict quality design and materials similar to other neighborhoods in the City. Incorporating tile roofs with an appropriate color and texture component will blend with the eclectic architecture to enhance the appearance of the entire project. Site Improvements: Site improvements will include the construction of all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. The developer will be required to submit a Stormwater Pollution Control Plan (SWPCP) which will be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. Street improvements will include concrete curb and gutter, parkways, street lights, and signing, striping, interim striping and traffic control, paving, and transition improvements to blend with existing improvements to the satisfaction of the City Engineer, including the dedication of right -of -way for the improvements. The applicant will also contribut the cost of improvements for th Angeles Ave. /Moorpark Ave., Los Angeles Ave. /Tierra Rejada Road, Trip Generation to the City a pro -rata share of s following intersections: Los Angeles Ave. /Spring Road, Los and Moorpark /Poindexter Avenues. A Traffic Study dated May 5, 1998 was submitted by Ramseyer and Associates, Inc. Trip Generation rates were taken from the Moorpark Traffic Analysis model (MTAM) and appended to the Traffic Study. The projects 59 single family dwelling units are estimated to produce a A.M. peak of 45 vehicles and a PM peak of 60 vehicles. 000078 Planning Commission Staff Report Applicant: Cabrillo Economic Development Corporation RPD 98 -7, ZC 99 -3 and TT 5161 Page No. 10 The marked up Intersection Capacity Utilization (ICU) calculations from the MTAM with the generated and distributed trips from the project. The study concluded the project had minor impacts and require no changes to existing or proposed facilities. Interior Sound Levels An Acoustical Study was performed by McKay, Conant and Brook, Inc. dated August 24, 1998, which concludes that a 6 foot high sound wall along Poindexter Avenue will reduce the exterior sound levels affecting these residences from the trains to below the limits of the City of Moorpark Noise Element Standard of 65 CNEL (Community Noise Equivalent Level) at all locations within the development. The City also requires that interior noise levels attributable to exterior noise sources not exceed 45 CNEL. The intent of the interior noise level criterion is to provide an acceptable noise level for communication and sleep. The study showed that with construction materials as proposed, sound levels equal to 48 DNL (equivalent to CNEL) inside the 2nd floor bedroom of the nearest dwelling unit to the railroad would occur, therefore not providing sufficient sound isolation to yield sound levels below 45 DNL inside the dwellings closest to the railroad tracks. The study concluded that sound rated windows, with an STC rating of 30 or better, should be installed in the openings of the 2nd floor dwellings on Lots 1 through 7 in order to reduce the interior sound levels below the limits of the City of Moorpark interior noise level requirements. A Building and Safety Department Condition of approval has been included in the conditions, requiring all second story windows facing the railroad tracks on Lots 1 -7 to be required to have ratings of STC 30 or higher. Other Agencv Review: These projects have been reviewed by outside agencies and other City Departments. Conditions of Approval as requested by these Agencies or departments have been included in the Resolution for Planning Commission action. ENVIRONMENTAL REVIEW: The 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 incorporated into the conditions of approval for the projects. The mitigation measures will be enforced through implementation of the Mitigation Monitoring Program prepared for the project. a I 1 1: Planning Commission Staff Report Applicant: Cabrillo Economic Development Corporation RPD 98 -7, ZC 99 -3 and TT 5161 Page No. 11 GENERAL PLAN CONSISTENCY: This proposed residential project would be consistent with the overall community goal, contained in the Housing Element of the General Plan by providing decent, safe housing to meet the needs of the community by offering residential units to Very Low and Low income households. Also the proposed density of development is consistent with the Zoning and General Plan Land Use designation. RECOMbOMATIONS : 1. Open the public hearing, accept public testimony and close the public hearing. 2. Consider the Mitigated Negative Declaration prepared for the requested entitlements prior to making a recommendation to the City Council. 3. Adopt Resolution No. recommending to the City Council approval of Zone Change No. 97 -3, Residential Planned Development Permit No. 97 -1 and Tentative Tract Map No. 5161 with conditions. ATTACHMENTS: 1. General Plan 2. Zoning Map 3. Project Exhibits 4. Initial Study, Mitigated Negative Declaration and Mitigation Monitoring Program 5. Draft Resolution for RPD 97 -1 with conditions 6. Memorandum from Wayne Loftus dated 12/3/98 regarding reduction of setbacks 000080 Fl l l Lang -i:) lfil/ �1111lIlil�% Wif = (III/ ■li1111f1�I= ASK J i 'o tu. AE; t lI -ml A of Is [Fin Mail 4 Il a / /men wa �ll ■ Von (off � ■■ .; .- iii.• � [ o MIS ■ r - - -■ ■ go 9was `T -m/ 1611 lull /� � _I a s ..�'� ■� R r. 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ASLA 5CAU, I'm•4• c MOUNTAIN VIEW HOME5 _,cr e (d) 11011 AZAl" 5TREET SATICOY, CALIFORNIA "411HY-W ;INIA -;P-3 Wm-% 9-9 p"I'M VINbloally:) "LOI;)Iivs i2MUS WVh'17Y 11011 )NI S9W0H MaIA NIYIWKM I'AANI-SNIVII G ONY Z: VzIWV A"US 4a9WV-Wg ti 9-31 "' lT?1310154 -YT75 94i N0U73S 1 z v3Nv Laniq SECTION A -A 5TUDY AREA 2 P01WExfER n\{ ^ PARK L_ \`•ll' ) 1' II II I. Il'_L1 �I 11 II' 111L It! I fit . LL11L1111111 f1 11. 111 I II:... 1. r yr y'I i ur CI 1i r� I no ASLA AIAINtirl'KI ?I ?'I' << _ z IKMOUT•YUNAlkS INC �,,,y •`1''� N RE54VENTAL 517E PLAN PV PUBLIC LAND5GAPE AREA MOUNTAIN VIEW HOMES 11011 AZAHAR 5TREET SATICOY. CALIFORNIA PLANT LEGEND ARE iU 1 111 / 1I �... 1.:�'t�� I' ' 7 51•.t �I� n �e......a.w vow...• ..�'•....wirw..°' �M....ww vr....s ..e.v.....sow .wan.y.w .`...•.a. RESOLUTION NO. PC- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE NO._ 99 -3 FOR A CHANGE IN ZONE FROM RPD 15 TO RPD 8. 9, TENTATIVE TRACT MAP NO 5161 FOR 59 LOTS AND RESIDEN'T'IAL PLANNED DEVELOPMENT PERMIT NO. 98 -7 FOR APPROVAL TO CONSTRUCT 59 RESIDENCE ON 6.6 ACRES OF LAND LOCATED SOUTH OF POINDEXTER AVENUE, WEST OF POINDEXTER PARK, NORTH OF MISSION BELL PLAZA AND EAST OF MOORPARK ESTATES ON THE APPLICATION OF CABRILLO ECONOMIC DEVELOPMENT CORPORATION, ASSESSOR'S PARCEL NO. 511 -0- 090 -30 WHEREAS, at a duly noticed public hearing on April 26, 1999, the Planning Commission considered the application filed by Cabrillo Economic Development Corporation for approval of the following: Zone Change No. 99 -3 - for a change in the zoning designation on the property from RPD -15u (Residential Planned Development 15 units per acre maximum) to RPD -8.9u (Residential Planned Development 8.9 units per acre). Residential Planned Development Permit (RPD) No. 98 -7 - for approval to construct 59 dwelling units. Tentative Tract Map No. 5161 - for a subdivision of approximately 6.6 acres into 59 residential lots. WHEREAS, at its meeting of April 26, 1999, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing on April 26, 1999; and WHEREAS, the Planning Commission, after review and consideration of the information contained in the staff report dated April 26, 1999 and testimony, has made a recommendation to the City Council. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission hereby adopts the following findings: ATTACHMENT 5 000098 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 2 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 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 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 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 2 IWORpR! SERWOOWfOU)eE SWPORTERUM16i.CAgPC.RES.000 Planning Commissior. Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 3 would not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. B. There would be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. 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 Planning Commission 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 That the Planning Commission recommends that Zone Change No. 99 -3 be approved to rezone the entire parcel of land from RPD -15u (Residential Planned Development 15 units per acre) to RPD -8.9u as the RPD -8.9u is consistent with the proposed density of 3 IV"PRi SERW E -FoUXRswaoarMMTrslsl.caewc.REs.00c 000:.00 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 4 Residential Planed Development Permit No.-98 -7 and would serve to limit more intense uses on the land that may not be compatible with the existing residential properties located adjacent to the property. SECTION 4. That the Planning Commission hereby recommends tc the City Council conditional approval of Tentative Tract Map No. 5161 for 59 lots, and Residential Planned Development Permit No. 98 -7 for 59 dwelling units on the application of Cabrillo Economic Development Corporation subject to compliance with all of the following conditions: CONDITIONS OF A=?ROVAL FOR TENTATIVE TRACT MAP NO. 5161 A: GENERAL REQUIREMENTS Application of City Ordinances /Policies 1. The conditions of approval of this 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 2. 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. Expiration of Ma 3. This 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 permit. 4 IWOR -M SFRWO*- FOUXRSSPPWTERMM l6l.CABIPC.RES.DX 0001.01- Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 5 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. 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 5 iMOR PR! SERWKM- FO (DERS"ORTMMTT5161.GI8WC.RES.XC 000102 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 6 easements that affect the subdivision. C. UTILITY AGENCY REQUIREMENTS Calleguas Release 7. Prior to approval of a Final Map, the subdivider shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made. The subdivider shall comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. Unconditional Availability Letter 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. 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. Surety Bond for Utilities 10. Prior to approval of a final map, the subdivider shall post sufficient surety bond 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 6 IWORpRI SERVOCW-F OLDERS WPOR7ERWITT5161.GIBIPC.RES.DOC 000103 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 7 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" 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). Citywide Traffic Mitigation Fee 13. 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. CC &R and Landscaping Easement Requirement 14. Covenants, Conditions, and Restrictions (CC &R's) establishing a Homeowners' Association for the proposed subdivision shall be prepared and shall identify the maintenance responsibilities of the Homeowners' Association including, but not limited to, all walls and landscaping adjacent to Poindexter Avenue, adjacent to the.public street across the street from Poindexter Park separating the project from commercial development to the south and adjacent to the residential properties located to the to the west of the proposed development. In addition, the applicant shall provide all landscaping easements across private property as determined by the City for the purpose of providing such maintenance. The CC &R's shall address the maintenance of all walls and landscaped areas required by the City to be maintained. 7 IIMOR PR1 SERWOZ-FOWERSWOR7Fft1A M161.CABIPC.RES.DOC 000104 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 8 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 5161. Prior to approval of the Final Map, an easement covering the Maintenance Areas shall be irrevocably offered to the City for maintenance purposes. 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 8 IIMOR PRI SERWIOAE FMDERAO "TERVATl5161.CABPC.RES.DOC 000105 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 9 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 fencing and barrier walls along lot boundaries shall be in place prior to occupancy. 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 roofing material made of wood or asphalt shingles and requiring tile roofs as determined by the City 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 Poindexter park located to the east of the proposed site and the railroad located to the north of the site. This should also be disclosed in the white report and by separate disclosure to potential buyers. 9 I%#CR_PRI SERY1HOkCFOL DERSWPORTERI AATT5161.CAB%PC.RES.00O 0 ©41 ®6 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 10 CITY ENGINEER CONDITIONS PRIOR TO THE ISSUANCE OF A GRADING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: General: 1. The Developer shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. Grading: 2. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a Registered Civil Engineer. The Developer shall enter into an agreement with the City of Moorpark to complete the improvements and shall post sufficient surety guaranteeing the completion. 3. Upon approval of the Final Map, requests for rough grading permits will be granted in accordance with the approved Tentative Map, as required of these conditions and local ordinance. 4. 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. 5. This project is projected to balance cut and fill onsite. Unanticipated off -site import /export operations requiring an excess of 10 total truck loads shall require City Council approval prior to the commencement of hauling or staged grading operations. A haul route is to be submitted to the City Engineer for review and approval. Additional surety for the cleaning and /or repair of the streets may be required as directed by the City Engineer. 6. All requests for staged grading must be submitted in writing to the City Engineer for review and approval by the City Council. 10 14UORpRf SERWiOAEJOUXRSWWTER1A M161.CWVDC.RESAOC 00010°-1 Plann-ing Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 11 7. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. temporary grading is defined to be any grading partially completed,and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first. B. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted, plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. 9. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. 10. The development area shall be designed so that surface drainage is collected by a storm drain system prior to leaving area. 11. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The Developer shall use the City's standard slough wall detail during the design and construction. All material for the construction of the wall shall be approved by the City Engineer and Director of Community Development. Geotechnical /Geology Review 12. The Developer shall submit to the City of Moorpark for review and approval, detailed Geotechnical Engineering Report certified by a California Registered Civil Engineer. 11 �WOR_PR! SERWCW FMMRSWOR7ERIA M161.CABWC.RES.MC Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 12 13. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. In addition, the report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report, by the City's Geotechnical Engineer, is required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. 14. 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 Planning: 15. The Developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the completion. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All storm drains shall carry a 10 -year frequency storm; C. All catch basins shall carry a 10 -year storm; 12 I%OOR_PRf sERWOAE- FU- MRSffORTERUnrrsl6l.C48M.RES.00c 000109 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 13 d. All catch basins in a sump condition shall be sized suc:i 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 a storm drain system prior to entering collector or secondary roadways; g. Under a 10 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector streets 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 develupment. 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 system 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 owners 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 13 I%ODR_PRI SERVIHOME.FOLDERSWPORTERU1 mi61.CAB1pC.RES.WC 000110 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 14 incorporate natural structure and landscape to reduce their visibility. M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. n. A hydraulic /hydrology study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by Ventura County Flood Control and The City of Moorpark, to support the proposed development. o. Improvements shall be constructed to detain drainage on -site when the drainage amount is between the ten year and fifty year storm event. A rainfall intensity zone K shall be utilized in the design unless an alternate design intensity is approved by the City Engineer. 16. The applicant shall demonstrate that surface drainage from the site shall not drain over sidewalks, except at driveways. 17. The Developer shall demonstrate for each building pad within the development area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: 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. 18. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 14 I'AO PRl SERWiOW -Fa ERSWPORTERVAM161.CABIPC.RES.DOC 0001.11 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 15 19. 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 shown on existing drainage studies and approved by the City, shall be delineated on the final drainage plans. Either on- site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities (if applicable) must also be acceptable to the Ventura County Flood Control District. National Pollutant Discharge Elimination System ( NPDES) 20. 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, 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 15 IIMOR -M SERV KM-FOLDERSWORiE Urr5161.CABIAC.RES.DOC 000112 Planning Cc fission Resolution RPD 98 -7, T- 5161 and ZC 99 -3 Page No. 16 including preparation of a Stormwater Pollution Prevention Plan (SWPPP) e. The Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The Developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. f. The Developer shall also comply with NPDES objectives as outlined in the "Stormwater Pc'__ution 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. 21. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 22. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. STREET IMPROVEMENT REQUIREMENTS: 23. The Developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of the improvements. Street improvements and parkway landscaping shall not be accepted by the City for maintenance until completion, unless otherwise determined by the City Engineer. "A" Street, "B ", "C ", "D", "E ", and "F" Drive 24. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision), or as modified per City Resolution. 25. The street improvements shall include concrete curb and gutter, parkways, street lights, and signing, striping, 16 tWRJ-RI SERWCAEJ 01DERSWORTERAATT5161 .CA81PC.RES.000 000113 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 17 interim striping and traffic control, paving, and any necessary transitions, to the satisfaction of the City Engineer. All driveway vocations 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. 26. The Developer shall provide slope easements for road maintenance purposes only along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated right -of -way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. 27. Streetlights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 28. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within the right -of -way landscaping areas whenever possible. When above ground obstructions are to be placed within the sidewalk, a minimum four (4) foot clear sidewalk width must be provided around the obstruction. 29. Additional surety shall be provided for resurfacing and /or repair of the full width portion of Poindexter Avenue. located adjacent to the project. The surety shall be used to secure the curb replacement and overlay or slurry of the street, as a result of damage from construction work or utility trenching. The City may require restoration of the street before occupancy of the building. Surety will be returned upon the City Engineer accepting the condition of the street. OTHER: 30. The Developer shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 17 'WOR.PRI SERWO OWFUMRSWORTERUTT516I .C4B%PCRES.DOC 000114 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 18 or Ordinance No 3991 and p' per iV sion 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. 31. The applicant shall comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations. These measures shall be implemented by the County of Ventura Public Works Department (Waterworks District No. 1). 32. All existing and proposed utilities shall be undergrounded as approved by the City Engineer. 33. The final design and location of all walls and fences, streetscape elements, urban landscaping are subject to the approval of the Director of Community Development. 34. 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. 35. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. 36. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filling of the final or parcel map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City") in writing that the applicant 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. 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 18 1%$OR PR1 SERWOAE-FOUX RS %PMRTERVATT5161.C4B%PC.RES.DOC OOCII15 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 19 the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay ail of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 37. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. All fences, walls and other structures over six (6) feet high are to be submitted to and approved by the Director of Community Development. 38. The Developer shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety, health and welfare. 39. The Developer shall offer to dedicate to the City of Moorpark, public use, all right -of -way easements for public streets. 40. The Developer shall post sufficient surety guaranteeing completion of all site improvements within the development and other offsite improvements required by the conditions as described herein (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., accessways, temporary debris basins, etc.) in a form acceptable to the City. 41. The Developer shall execute a covenant running with the land (or pay a traffic mitigation fee) on the behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. 19 1148 PRI SERWiOME- FaXRSWORTFA MM161.CABWC.RES.DOC 000116 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 20 42. All new land divisions within the development shall agree to pay lighting and landscaping assessments as determined by all current or revised assessment schedules. 43. The applicant shall make a special contribution to the City representing the Developers pro -rata share of the cost of improvements at the following intersection: Los Angeles Ave. /Moorpark Avenue (estimated cost of improvement $165,000) Los Angeles Ave. /Spring Road (estimated cost of improvement $150,000) Los Angeles Ave. /Tierra Rejada (estimated cost of improvement $100,000) Moorpark Ave. /Poindexter Avenue (estimated cost of improvement $120,000) The actual contribution (pro -rata share) shall be based upon the additional traffic added to the intersection. The Developer's traffic engineer shall provide the City Engineer an estimate of the projected traffic numbers for calculation of the pro -rata share. PRIOR TO ISSUANCE OF THE FIRST BUILDING PERMIT. THE FnT.T.nwTMr_ I,UNUITIUNS SHALL BE SATISFIED: 44. The applicant shall have recorded Tract Map 5161. DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY: 45. Grading may occur during the rainy season from October 15th to April 15th subject to installation of erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. 46. Prior to any work being conducted within the State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. 47. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the 20 I%OOR_PRI SERWOM FOU)ERSIPPORTE$?%M 3161.CABWC.RES.XC 00011 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 21 project site until such activity is required for grading and construction purposes. 48. During clearing, grading, earth moving or excavation operations, dust shall be controlled by regular watering. In addition the following measures shall apply: a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur 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 grading plan shall indicate the number of water trucks that 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. Keep all grading and construction equipment on or near the site, until these activities are completed. e. Facemasks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust that may contain the fungus that causes San Joaquin Valley Fever. f. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. g. Implement acceptable measures as approved by the City Engineer to prevent dirt or other debris from entering public property, such as washing off heavy -duty construction vehicles and cleaning tires. 49. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive 21 Imo? PRI SERVWOAE- FOLXRSV*"TERyUM161.CABM.RES.XC Q®®1.18 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 22 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, or as directed by the City Engineer, sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 50. All diesel engines used in construction equipment shall use reformulated diesel fuel. 51. During smog season (May - October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. 52. 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. 53. Truck noise from hauling operations shall be minimized through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and shall be approved by the City Engineer. 54. The Developer shall ensure that construction equipment is fitted with modern sound- reduction equipment. 22 ' MOR_PRI_SERVV OAE FOWERSWMRTE RAATT5161.CA61PC.RES.DOC 000119 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 23 55. Equipment not in use for more than ten minutes shall be turned off. 56. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 57. The Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 58. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 59. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 60. Soil testing for trench compaction is to be performed on all trenches for pipe or conduit placement. The interval of testing shall be less than once every 4 feet of lift and 100 lineal feet of trench excavated. 61. Observe a 15 mile per hour speed limit for the construction area. 62. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 63. Prior to issuance of a building permit, the Developer shall pay to the City the Los Angeles Avenue Area of Contribution (AOC) Fee, which shall be the dollar amount in effect at the time the fee is paid. 23 tWORpRI SERWMOA E_ fOLpERSWRWTERWUT5 161.G1BIPC.RES.DOc 000120 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 24 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. 64. Prior to issuance of a building permit, all habitable structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 65. Construction of "A" Street, "B ", "C" "D" "E" and F' Drive and parkway improvements and /or repairs shall be completed to the satisfaction of the City of Moorpark. 66. If directed by the City, the Developer shall have repaired, overlayed or slurried that portion of Poindexter Avenue adjacent the development. The repairs, curb replacement, parkways, sidewalks, and overlay or slurry of the street, as a result of damage from construction work or utility trenching shall be along the entire length of the project including transitions unless otherwise approved and shall be completed to the satisfaction of the City Engineer. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND REDUCTION AND /OR EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 67. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 68. Sufficient surety in a form and in an amount acceptable to the City guaranteeing the public improvements shall be provided, and shall remain in place for one year following acceptance by the City. 69. If necessary, the applicant 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. 70. Original "as built" plans will be certified by the Developer's Registered Civil Engineer and submitted with two sets of blue prints to the City Engineer's office. Although 24 IWR_PRI SERWIOAf FOU WRSVWRTE RUATT5161.CABIPC.RES.DOC 0001,1 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 25 grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "record drawings" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection will be scheduled. FIRE DEPARTMENT CONDITIONS Vertical Clearance of Driveways 1. All driveways shall have a minimum vertical clearance of 13 feet 6 inches. Gates 2. 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 3. Access road roads shall be installed with an all weather surface, suitable for access by Fire Department apparatus. A minimum clear street width of 36 feet shall be provided on B,C,D,E and F Street and a minimum of 40 feet curb to curb shall be provided on "A" Street. Maximum Grade 4. Access roads shall not exceed 15% grade. Access Points 5. When only one (1) access point is provided, the maximum length of such not exceed 800 feet. Two means of Ingress/Egress 6. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District Guidelines. 25 1%OOR_PRl SERVWOME.f01AERSIPPORTERIti M161.CA&oc.RES.XC 0001.22 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 26 Certification of Access Road 7. The access road(s) driveway(s) 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 Division for review and approval prior to map recordation. Street Names 8. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center 165 Durley Avenue, Camarillo, for review and approval. 9. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. Fire Hydrants 10. 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 500 feet of the development. Proposed hydrant is not acceptable. 11. 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 1/2 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 500 feet on center and so located that no structure will be farther than 250 feet from any one hydrant. d Fire hydrants shall be set back in from the curb face 24 inches on center. Fire Flow 12. A minimum fire flow of 1,000 gallons per minute at 20 psi 26 IWOR- RLSERWK)W-FOU* RSIPRWTER {AATT5161.CA91PC.RES.000 0®OI.23 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 27 shall be provided at this location. The applicant shall verify that the water purveyor can provide the required volume at the project. Address Numbers 13. 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. Brass and /or gold letters or numbers shall not be used. 14. 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 15. 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. Grass and Brush Removal 16. 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 17. An approved spark arrestor shall be installed on the chimney of any structure(s). VCFD Form No. 126 18. 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. 27 I%ODR_PRf SERUM# AEJ OUXRSIPPWTERVATT5161 .CABIPC.RES.DOC 000IL24 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 28 WATERWORKS DISTRICT NO 1 CONDITIONS: 1. Applicant shall be required to comply with the Ventura County Waterworks District No. 1 Rules and Regulaticns 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. 2. Provide the District the following: • Water and sewer improvement plans. • Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. • Copy of Ventura Fire District approval of fire hydrant locations. • Copy of Release from Calleguas Municipal Water District. • Cost estimate for water and sewer improvements. • Fee: Plan check fee, construction inspection fee, capital improvement charge, sewer connection fee, and water meter charges. • Copy of grading, street improvement and drainage plans. • Tract Maps showing water and sewer easements dedicated to the District. • Signed "Contract to Install" and surety bond(s). APPROVAL OF RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 98 -7 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 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 28 UMORpR! SERW40 RXDERSWORTERIAI M161.CABIPC.RES.DOC 00©1.25 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 29 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 Development Agreement (DDA) 2. Approval of the Residential Planned Development Permit and Tentative Tract Map is conditioned upon execution of a DDA between the City of Moorpark and the applicant or developer. Compliance with the terms and conditions of the DDA 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. The required provisions may be incorporated into the proposed Agreement. Use Inauquration 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, or as stipulated by the DDA, 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 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. 29 IWOR_PRl SERW CW- FO LDERSWORTER %ATT5161.CA91PC.RES.DOC 6001-26 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 30 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 Rights 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. Severability 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. 30 INCR PRI SERN O*- FOL OERSVPORTERUTT5161 .CAB1PC.RES.XC Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 31 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. Surety 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. Rain Gutters and Downspouts 14. 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 15. No roof mounted equipment (other than required vents) shall 31 IMOR PRI SERVWOAEJ( HD ERSWRWTERMTT5f61.CABIAC.RES.DOC 01DOIL28 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 32 be permitted. Exceptions to this limitation must be approved by the Director of Community Development. Exterior Lighting 16. 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 Rights 17. 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 the public safety, health and welfare services. Energy Saving Devices 18. 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 19. 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 in ground maintenance, as indicated by the Code Enforcement 32 IuaR ORr SERW40A E-FOLDERSWORTERIMM1B1.CABwC.RES.WC 000129 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 33 Officer within five (5) days after notification. Archaeological or Historical Finds 20. 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 21. 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: Citywide Traffic Mitigation Fee 22. Prior to the issuance of a Zoning Clearance for each unit, the applicant shall pay a Citywide Traffic Mitigation Fee of $3,000 for each of the residential units. Submittal of Landscape Plans 23. 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 33 I%OOR_PRL SERVW V*-F OLDER SWPORTERUATT5161.CABn.RES.000 0001-30 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 34 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. 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. i. 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. 34 I%OOR_PRL SERW" FOWSSW ORTER1MM161.CA8WC.RESWC 000131 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 35 iii. Prior to final inspection by the City of Moorpark, the applicant shall provide a written certification for the operation of the backflow device. j. 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). k. The planting plan shall indicate the proposed locations of light standards. The lighting and tree locations shall be designed to avoid conflicts. 1. All backflow preventers, transformers, and other above - grade utilities shall be appropriately screened with walls and /or plantings. m. The planting and irrigation design shall comply with the State of California Model Water Efficient Landscape Ordinance. n. 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. o. Subsequent to occupancy, the landscaping shall be maintained in accordance with the approved Maintenance Plan. p. The landscape plan shall include planting and irrigation specifications for manufactured slopes and all common areas. q. 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. r. In the area of future buildings not under construction, turf and irrigation shall be installed. s. The final landscape plans shall include landscaping 35 IWORpR1 SERVI O E- FUMRSIPPO TMMM161.CA&-C.RES.DX 000132 Planning Commission Resolutio:z RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 36 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). 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 36 IV" -PRI SERWIOAE-FOIDERSVMRTFAIM M161.CABIPC.RES.DX 000133 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 37 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.The applicant shall install purple pipe in all common areas for the purpose of using reclaimed water when available. Construction Access Plan 24. The applicant shall submit a construction access plan to the Department of Community Development for review and approval by the Director of Community Development. Zoning Clearance 25. 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 26. 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. Revisions to Plans 27. 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 37 lW PRI SERWO% E- FU DERSWORTERIMTT5161 .GIBIAC.RES.DOC 0001.34 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 38 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. All roof shall be clay or concrete tile, the style and color of which shall be subject to the review and approval of the Director of Community Development. d. The project property line that separates the single family residences to the west shall have 6 foot high wall(as measured on the project side). The project property line wall adjacent to the residences shall be constructed prior to issuance of building permits for construction. Interior and exterior walls shall be made of slump block or other masonry or concrete products as approved by the Community Development Director. e. Prior to grading, an eight foot wall to be located along the southerly portion of the property shall be constructed. The location wall shall be approved by the Director of Community Development. The design of the wall shall be the same height and design of the existing wall located along the western property line of CPD 89 -1 adjacent to the existing residences. This wall shall be constructed prior to issuance of building permits for construction. Outstanding Case Processinq Fees 28. 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. Performance Bond 29. 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 38 lU4O PRI SERWOOW -Fa DERSPPORTERUM161.C4 WC.RES.XC 000IL35 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 39 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 30. 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. 31. 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. Garage Size 32. Individual garages shall maintain minimum inside dimensions of 20 feet in length and 20 feet in width with a minimum interior height of 8 feet. Adjacent Property Walls and Fences 33. 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 34. Prior to issuance of the first Certificate of Occupancy, the builder shall provide to the City an image conversion of 39 IWORpRLSERWCAE -FOW RSWPORTERWMl61.CABIPC.RES.DX 0�dOZ36 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 40 building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. Cable Service 35. 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 36. All exterior building materials and paint colors shall be those that were approved per the exhibits to the Department of Community Development. Asbestos 37. No asbestos pipe or construction materials shall be used. Public Nuisance 38. 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 39. 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 slopes 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. 40 NMOR_PRI SERwIOAE_ FODERsffoRTERuTT5161 .CABIPC.RES.DOC 0®013'7 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 41 PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Will Serve Letter 40. 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 Common and Front Yard Landscaping 41. The applicant shall install front yard landscaping as approved on the landscape plans. Front yard and common landscaping shall be completed for each lot prior to it's occupancy. Acceptance of On -Site Improvements 42. 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 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. 43. All related perimeter and garden walls shall be constructed prior to the issuance of a zoning clearance for occupancy. 41 tub? PR- SERWb W-FOLDERSWORMR1MM161.CABWC.RES.DOC Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 42 BUILDING AND SAFETY REQUIREMENT 1. All second story windows facing the railroad tracks for residences on Lots 1 -7 are required to have ratings of STC 30 or higher. CITY ENGINEER CONDITIONS PRIOR TO ISSUANCE OF THE FIRST BUILDING PERMIT FOR CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 1. The applicant shall have recorded Tract Map 5161. The Conditions of Approval for Tentative Tract Map shall apply to Residential Planned Development Permit No. 98 -7 MOORPARK POLICE DEPARTMENT CONDITIONS The following represents the crime prevention evaluation for this proposed project. Construction Site Security Provisions. All new construction, shall comply with the following security measures until the utilities have been released by the City: A. Perimeter lighting shall be installed at a minimum of 150 foot intervals and at a height not less than 15 feet from the ground. The light source used shall have a minimum light output of 2000 lumens, be protected by a vandalism resistant cover, and be lighted during the hours of darkness. Additional lighting shall be required if the construction site exceeds four acres in area. Lighting shall be installed at locations designated by the Chief of Police if determined to be necessary. B. In addition to perimeter lighting described in Subsection A of this section, one of the following shall be used: 1. Fencing, not less than six feet in height, which is designed to preclude human intrusion, shall be installed along the perimeter boundaries of the construction site; or 2. A uniformed security guard, licensed according to Business and Professions Code, Chapter 11, shall be 42 000139 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 43 utilized to continually patrol the construction site during the hours when construction work has ceased. 3. Construction equipment, tools and materials will be properly secured to prevent theft during non - working hours. 4. All computers and appliances (microwave ovens, dishwashers, trash compactors,etc.) Will be properly secured to prevent theft prior to installation during non- working hours. All serial numbers will be recorded for identification purposes. 5. 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. Landscaping A. Landscaping shall not cover any exterior door or window. B. Landscaping at entrances /exits or at any intersection will not block or screen the view of a seated driver from another moving vehicle or pedestrian. C. Landscaping (trees) will not be placed directly under any overhead lighting which could cause a loss of light at ground level. Fences A. Fences or fencing gates on side yards which are visible from the front should be constructed of wrought iron spaced at 4" on center. This will allow for detection of intruders by neighbors. Security Requirements Requirements for Locks A. Upon occupancy by the owner or proprietor, each single unit in the same residential project, 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. 43 OO®'_40 Planning Commisaion Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 44 Door Jambs, Strikes and Hin es Except for vehicular access doors, all exterior swinging doors of any residential building and attached garages, including the door leading from the garage area into the dwelling unit shall be equipped as follows: A. 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 each side of the strike. B. 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. C. Door stops on wooden jambs for in- swinging doors shall be one piece construction with the jamb. Jambs for all doors shall be constructed or protected so as to prevent violation of the strike. D. 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 screws, which must penetrate at least two (2) inches into solid backing beyond the surface to which the strike is attached. E. Hinges for out - swinging doors shall be equipped with non - removable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by removing the hinge pins. Garage -type Doors All garage doors shall conform to the following standards: A. Wood doors shall have panels a minimum of 5/16 inch in thickness with the locking hardware being attached to the support framing. B. Aluminum doors shall be a minimum thickness of .0215 inches and riveted together a minimum of eighteen (18) inches on center 44 oo014 . Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 45 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. C. 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 and panel in residential structures shall have a density not less that five (5) ounces per square foot. D. 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) inch. E. Doors that exceed 16 feet in width, but do not exceed 19 feet in width, shall have the following options as to locking devices: 1. 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; 2. 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; 3. Torsion spring counter balance type hardware may be used if such hardware substantially complies with the requirements of this chapter. F. 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. G. 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 2 inches 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. 45 ()®®142 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 46 H. 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 A. Except for vehicular access doors, all exterior swinging doors of any residential building and attached garages, including the door leading from the garage area into the dwelling unit shall be equipped as follows: 1. 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. 2. 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. a.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. b.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. c.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) 46 oo0143 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 47 inches into solid backing beyond the surface to which the strike is attached d.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. 4. The inactive leaf of double doors) shall be equipped with metal flush bolts having a minimum embedment of 5/8 inch into the head and threshold of the door frame. 5. Glazing in exterior doors or within 12 inches of any locking mechanism shall be of fully tempered glass or rated burglary resistant glazing. 6. 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. B. Street numbers and other identifying data shall be displayed as follows: 1. 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. WATERWORKS DISTRICT NO 1 CONDITION: 1. 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. 47 000144 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 48 2. Provide the District the following: • Water and sewer improvement plans. • Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. • Copy of Ventura Fire District approval of fire hydrant locations. • Copy of Release from Calleguas Municipal Water District. • Cost estimate for water and sewer improvements. • Fee: Plan check fee, construction inspection fee, capital improvement charge, sewer connection fee, and water meter charges. • Copy of grading, street improvement and drainage plans. • Tract Maps showing water and sewer easements dedicated to the District. • Signed "Contract to Install" and surety bond(s). FIRE DEPARTMENT CONDITION: The Conditions of Approval for Tentative Tract Map No. 5156 shall apply to Residential Planned Development Permit No. 98 -7. AIR POLLUTION CONTROL DISTRICT CONDITIONS 1. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (ie., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. 2. 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. 3. All unpaved on -site roads shall be periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 4. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of fugitive dust. 48 000145 Planning Commission Resolution RPD 98 -7, TT 5161 and ZC 99 -3 Page No. 49 5. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 6. On -site vehicle speeds shall not exceed 15 miles per hour. 7. Equipment engines shall be maintained in good condition and in proper tune as per manufacturers specifications. The action of the foregoing direction was approved by the following roll call vote: AYES: NOES: PASSED, APPROVED, AND ADOPTED THIS DAY OF , 1999 Chairman, Planning Commission ATTEST: Celia LaFleur, Secretary to the Planning Commission 49 000146 000.4"7 CITY OF MOORPARK DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM TO: John Nowak, Assistant City Manager FROM: Wayne Loftus, Planning Manager / DATE: December 3, 1998 SUBJECT: REVIEW OF REQUEST FOR WAIVER OF CERTAIN DEVELOPMENT STANDARDS FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 98-07 AND TENTATIVE TRACT NO. 5161— GISLER FIELD; LOCATED ON THE SOUTH SIDE OF POINDEXTER AVENUE EAST OF SIERRA AVENUE ADJACENT TO POINDEXTER PARK — CABRILLO ECONOMIC DEVELOPMENT CORPORATION - APPLICANT Summary: On November 13, 1998, Cabrillo Economic Development Corporation submitted a request to the City Council for waiver of certain setback standards required by the Zoning Ordinance for the development of Residential Planned Developments. The proposed project comprises 59 single - family dwellings on 6.6 acres. The criteria outlined below is applicable to this type of development and the request for waiver of the standards is consistent, except as noted with code provisions that allow City Council to approve modifications up to 20% of the standards. The proposed project of 59 dwelling units includes 41 two story and 18 one story homes. Disc_ Section 17.36.030 -B.3 of the Zoning Ordinance allows the City Council to modify certain development standards by an amount not to exceed 20% for projects that provide rental or ownership units for very low or lower income households. The standards that are outlined below are found in Section 17.36.030.B.3.b of the Zoning Ordinance, titled Setbacks for Market -Rate, Single - Family Residential Projects. The applicant's request presented in comparison to the development criteria below are within the 20% waiver threshold except as noted. The chart below is a summary analysis; the applicant has submitted a lot by lot listing of setbacks requested to be waived, which is attached to the Council Agenda Report for this item. Front Yard Setback: Development Standard Applicant's Request Within 20% Standard Minimum 20' 16 ft. to porch; 18 ft. to garage 16 ft. = 20% waiver Average 20' 19.5 ft. to porch; 20.7 ft. to garage 16 ft. = 20% waiver ATTACHMENT 6 - 0 000149 John Nowak, Assistance City Manager Review of request for waiver of certain development standards _Cabrillo Economic Develo m Page 2 of 3 December 3, 1998 p ent Corporation Vary Setbacks Rear Yard Setback: F evelopment Standard 0' — House 10' — PatioBa cony Side Yard Setbacks: Development Standard 10 ft. from street * 5 ft. interior 10 ft. sum of sid ye Distance between Structures: Development Stan No waiver requested see Note No. 1 Applicant's Request Within 20% Standard 16 ft. minimum; average is 17.9 16 ft. ° ft. = 20 /o waiver None Applicant's Request 8 ft. on 5 lots; 9 ft. on —2 lots 3 ft. on 52 lots 8 ft. on 331ots Within 20% Standard 200/o waiver 200/o waiver 8 ft. = 20 % waiver lord Applicant's Request o Within 20 /o Standard * 12' total side yards between 6 ft. on 31ots; 8 R. on 191ots one story homes 9 ft. 9 in. = 20% waiver * 'to side yards between 8 ft. on 32 sto lots; other lots v two ry homes between 9 ft. and 11.r o 6 lots 12 ft. = 20% waiver I at 12 ft. or more (See note 2) 10 ft. for second story if 8 ft. on 36 lots windows face side yard 8 ft. = 20 %waiver 000150 000151 John Nowak, Assistance City Manager Review of request for waiver of certain development standards — Cabrillo Economic Development Corporation Page 3 of 3 December 3, 1998 20 ft. for second story if 16 ft. on 28 lots; 5 lots vary 16 ft. = 20% waiver windows face rear yards from 17 ft. to 18 ft. 6 in.; 8 lots are 20 ft. or more Note 1: Front setbacks vary from unit to unit in many cases, however several streets repeat the same setback from structure to adjoining structure therefore the appearance seems regimented. Note 2: Two lots with two story structures (Lots 2 & 39) are within 6 ft. of adjacent single story units. Note 3: Single story units are 18 ft. 6 in. high. Two story units are 23 ft. 6 in., which is within the 25 ft. height limit for two story residences in an RPD Zone. No waivers are required. Note 4: All units next to the west property line (Moorpark Estates) of the subject property are single story in height. Note 5: * notes request for waiver, which exceeds 20% Note 6: * on the attached chart of setback waivers supplied by the applicant identifies a waiver request that exceeds 20% C: Nelson Miller, Director of Community Development File Copy Chroni Attachments: Attachment 1 - Site Plan Attachment 2 - Elevations pages 1-4 Attachment 3 — Applicant Lot by Lot Waiver Request 000152 000153 ITEM &, 1;1 MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: John E. Nowak, Assistant City Manager DATE: 04 December 1998 (Council Meeting of 12- 16 -98) SUBJECT: Consider Resolution No. 98_ Waiver to Setback Requirements Requested g by Cabrillo Economic Development Corporation for Tentative Tract Map No. 5161 and RPD No. 98_07 (Gisler Field). BACKGROUND; In July 1998 the Moorpark Redevelopment Agency approved a Disposition and Development Agreement (DDA) with Cabrillo Economic Development Corporation (CEDC) for the construction of 59 single family residential units at the Gisler Field Site. The DDA allowed CEDC to request certain modifications to the development standards contained in the Municipal Code for residential projects. DISCUSS-1-0N. The DDA with CEDC was approved b Redevelopment Agency on Jul g 1998 Y the 04.02 of DDA recognized that certain setback modifications wouldtbe required to develop the project as proposed and provide 25% of the units as affordable housing. The Agency, in the DDA, indicated that it would support such modifications to setback requirements. The Municipal Code grants the City Council authority to reduce any required setbacks by 20% as a matter of course. If the Council desires it may grant an additional reduction in the setback requirements. On November 13, CEC submitted a letter requesting the Council approve certain modifications to setbacks. The Department reviewed the modification request De and Development ATTACHMENT 000154 submitted a memorandum indicating which properties would be within the 20% reduction envelope and which require a greater reduction in seatbacks. The parcels requiring more than the 20% reduction are indicated by an asterisk ( *) on the chart attached to the Community Development Department memorandum. As indicated almost all of the parcels require a waiver greater than 20% for interior side yard setbacks and minimum distance between structures. There are no objections from the Department for the Council to grant the side, front and rear yard setbacks as indicated on the preliminary plans. Resolution No. 98- would approve the request for setback reductions as shown on the preliminary plans presented to the Redevelopment Agency on September 2 and incorporated in Tentative Tract Map No. 5161. It should be emphasized that this recommendation applies only to the Gisler Field project and no other, on the basis of the unique condition resulting from twenty -five percent (25 %) of the residential units being sold as affordable housing units. The City would not be establishing a precedent by this action. STAFF RECOMMENDATION: That the City Council adopt Resolution No. 98- approving waivers to the setback requirements for Tentative Tract Map. No. 5161 and RPD No. 98 -07. Attached: Resolution No. 98- Letter from CEDC Community Development Staff Memorandum and attachments thereto Section 04.02 of the DDA 000155 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING WAIVERS TO SETBACK STANDARDS REQUIRED BY THE ZONING ORDINANCE FOR RESIDENTIAL PLANNED DEVELOPMENTS FOR PLANNED RESIDENTIAL DEVELOPMENT NO. 98 -07 AND TENTATIVE TRACT MAP NO. 5161, LOCATED ON THE SOUTH SIDE OF POINDEXTER AVENUE EAST OF SIERRA AVENUE ADJACENT TO POINDEXTER PARK (APN 511 -08- 30). APPLICANT: CABRILLO ECONOMIC DEVELOPMENT CORPORATION. WHEREAS, this proposed project will involve the development of 59 single family residential dwellings, including 15 units to be designated for very low or lower income households as required by the Moorpark Redevelopment Agency; and WHEREAS, Section 17.36.030B3 of the Zoning Ordinance allows the City Council to modify certain development standards that apply to Market Rate Single- Family Residential projects not to exceed 20% for projects that provide rental or ownership units for very low or lower income households; and WHEREAS, waivers have been submitted consistent with the pertaining provisions of the Zoning Ordinance to modify Front Yard, Side Yard and Rear Yard Setbacks and Setbacks between buildings by 20% as provided for by the Zoning Ordinance; and WHEREAS, in addition to the waiver requests consistent with the 20% criteria, applicant on many lots throughout the project has requested waivers of the development standards for: interior side yards and distance between structures for one -story and two - story units all of which exceed the 20% criteria in the code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the Zoning Ordinance provides that a waiver of development standards, up to 20% of those required for Residential Planned Developments of Market Rate Single Residential projects, may be granted to developments. Tentative Tract Map No. 5161 and RPD No. 98 -07 provides ownership units for very low or lower income households which are incorporated into the project. 00015G Resolution No. 98- Page 2 Section 2. That no provisions of the Zoning Ordinance preclude the Council from determining, based upon the benefit to the community, that a waiver in excess of 20% of the standards may be granted. Section 3. That the Council has determined that because of the benefit to the community relating to the provision of affordable housing opportunities and consistency with the goals of the Housing Element of the General Plan, and the requirements of the Redevelopment Agency to develop affordable housing, that the granting of waivers to setbacks up to and in excess of 20% of the standards described in Section 17.36.030.3.B is justified. Section 4. That this action to grant waivers to setback criteria shall not be deemed to be a precedent to be applied to other development projects either with or without the identified benefit to the community. Section 5. That this grant of waivers to setbacks shall become effective only if the project referred to in this Resolution is ultimately approved by the City Council. PASSED AND ADOPTED this 16th day of December, 1998. ATTEST: Patrick Hunter, Mayor Deborah S. Traffenstedt City Clerk \ \MOR_PRI SERV \HOME FOLDERS\ CLafleur \M \Pcresos \98resos \cabrillo waiver.doc 000157 John Nowak, Assistance City Manager Review of request for waiver of certain development standards — Cabrillo Economic Development Corporation Page 3 of 3 December 3, 1998 20 ft. for second story if 16 ft. on 28 lots; 5 lots vary 16 ft. = 20% waiver windows face rear yards from 17 ft. to 18 ft. 6 in.; 8 lots are 20 ft. or more Note 1: Front setbacks vary from unit to unit in many cases, however several streets repeat the same setback from structure to adjoining structure therefore the appearance seems regimented. Note 2: Two lots with two story structures (Lots 2 & 39) are within 6 ft. of adjacent single story units. Note 3: Single story units are 18 ft. 6 in. high. Two story units are 23 ft. 6 in., which is within the 25 ft. height limit for two story- residences in an RPD Zone. No waivers are required. Note 4: All units next to the west property line (Moorpark Estates) of the subject property are single story in height. Note 5: * notes request for waiver, which exceeds 20% Note 6: * on the attached chart of setback waivers supplied by the applicant identifies a waiver request that exceeds 20% C: Nelson Miller, Director of Community Development File Copy Chroni Attachments: Attachment 1 - Site Plan Attachment 2 - Elevations pages 1-4 Attachment 3 — Applicant Lot by Lot Waiver Request 000158 CITY OF MOORPARK DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM TO: John Nowak, Assistant City Manager FROM: Wayne Loftus, Planning Manager DATE: December 3, 1998 SUBJECT: REVIEW OF REQUEST FOR WAIVER OF CERTAIN DEVELOPMENT STANDARDS FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 98-07 AND TENTATIVE TRACT NO. 5161— GISLER FIELD; LOCATED ON THE SOUTH SIDE OF POINDEXTER AVENUE EAST OF SIERRA AVENUE ADJACENT TO POINDEXTER PARK — CABRILLO ECONOMIC DEVELOPMENT CORPORATION - APPLICANT Summary: On November 13, 1998, Cabrillo Economic Development Corporation submitted a request to the City Council for waiver of certain setback standards required by the Zoning Ordinance for the development of Residential Planned Developments. The proposed project comprises 59 single - family dwellings on 6.6 acres. The criteria outlined below is applicable to this type of development and the request for waiver of the standards is consistent, except as noted with code provisions that allow City Council to approve modifications up to 20% of the standards. The proposed project of 59 dwelling units includes 41 two story and 18 one story homes. Discussion: Section 17.36.030.13.3 of the Zoning Ordinance allows the City Council to modify certain development standards by an amount not to exceed 20% for projects that provide rental or ownership units for very low or lower income households. The standards that are outlined below are found in Section 17.36.030.B.3.b of the Zoning Ordinance, titled Setbacks for Market -Rate, Single - Family Residential Projects. The applicant's request presented in comparison to the development criteria below are within the 20% waiver threshold except as noted. The chart below is a summary analysis; the applicant has submitted a lot by lot listing of setbacks requested to be waived, which is attached to the Council Agenda Report for this item. Front Yard Setback: Development Standard Applicant's Request Within 20% Standard Minimum 20' 16 ft. to porch; 18 ft. to garage 16 ft. = 20% waiver Average 20' 19.5 ft. to porch; 20.7 ft. to garage 16 ft. = 20% waiver 000'1.59 John Nowak, Assistance City Manager Review of request for waiver of certain development standards — Cabrillo Economic Development Corporation Page 2 of 3 December 3, 1998 Vary Setbacks Rear Yard Setback: Development Standard 20' — House 10' — Patio/Balcony Side Yard Setbacks: Development Standard 10 ft. from street * 5 ft. interior 10 ft. sum of side yards No waiver requested see Note No. 1 Applicant's Request Within 20% Standard 16 ft. minimum; average is 17.9 16 ft. = 20% waiver ft. None Applicant's Request 8 ft. on 5 lots; 9 ft. on 2 lots 3 ft. on 52 lots 8 ft. on 33 lots Distance between Structures: Development Standard I Applicant's Request * 12' total side yards between 6 ft. on —3 lots; 8 ft. on 191ots one story homes * 15' total side yards between 8 ft. on 32 lots; other lots vary two story homes between 9 ft. and 11.5 ft; 6 lots are at 12 ft. or more (See note 2) 10 ft. for second story if 8 ft. on 361ots windows face side yard Within 20% Standard 8 ft. = 20% waiver 4 ft. = 20% waiver 8 ft. = 20 % waiver Within 20% Standard 9 ft. 9 in. = 20% waiver 12 ft. = 20% waiver 8 ft. = 20% waiver 000160 �I �I L. . 4 POINDEXTER in PARK STRIIXT •1 — I ' A TROT I - A — — — `* R.we R,we i• RMre � ._ , I � , ._.. ..- 57REEr A p '� __ RH'n � ir", R.We !, RAM• � '�i_ --- ....- -- - Rule -- ` RIMD RAYe j 5 n I R.wD I � 1R � I i r �� -- _ I "}5 � � RSA :i R.we i` Rwle + • IA Ire .� .,,° w 1 • ,� � -,r � RAM e 9 i \ - _ i -' �' O raAM A t r i RE51DENtAL I. _.._ 51* DATA esdD — HIM' 1OT 52E 51 TE P L AN Woar, Dery u. MINHM SETBALKS MAINSTREET ` - FVW1erwqD. efrr H -r WE YAM Y1@T AN(YIflEC7S •PLINNERS, INC. GABRILLO ECONOMIC DEVELOPMENT CORPORATION "M� FEET \ wrw1 sT ' � • LOT cawT Rarle4 GIl1°rlea 1'vrORY, M IIOII AZAHAR STREET 2- sWR, y SATICOY, CALIFORNIA TOTALLNR(gM, 74 r� 9 y y Qu l J MAINSTREET ARCNMM-PL410M. INC. vr�w, doow. w. (rl wm • ngww -iw I _ I'KCW ELEVATION REAR ELEVATION BELTION A D ' - - -- --- - - - - -- ------------------- SIDE ELEVATON (� i BIDE ELEVATION secnaN e GABRILLO ECONOMIC DEVELOPMENT CORPORATION 11011 AZANAR STREET SATICOY. CALIFORNIA 0 FIRST MOOR PLAN A OIL STORY DETAGNED SINGLE PANLY RESIDEW -E 9 BED910Orv7 BAT, 1765 Sr, FRONT ELGVATION RSMI GLNATION 5WTION A SIDG EL�VATIOH ITs DL' MEVATION 1 � � islj 1 i i 1 �r _ 9 1 1 1 1 I I I I � �. ..... •°-Jk - - - -- - secnoN 6 CABRILLO ECONOMIC DEVELOPMENT CORPORATION 11011 AZAHAR 5TREET 5ATICOY, CALIFORNIA 1 1 . ; � 1 FIRST n.odR PLAN A - ALTERNATE MAINSTRE ET AR ®178LT3•PWNNER9, V1C PU 3 SE.DROOMW 94TH 1363 SF. qepniq--"� u0 u W SIDG EL�VATIOH ITs DL' MEVATION 1 � � islj 1 i i 1 �r _ 9 1 1 1 1 I I I I � �. ..... •°-Jk - - - -- - secnoN 6 CABRILLO ECONOMIC DEVELOPMENT CORPORATION 11011 AZAHAR 5TREET 5ATICOY, CALIFORNIA 1 1 . ; � 1 FIRST n.odR PLAN A - ALTERNATE Ow 5TORY DETALIED 51N6LE FAMILY RESIDDBiCE 3 SE.DROOMW 94TH 1363 SF. FRONT ELEVATION rui REAR ELEVATION E SIDE ELEVATION SIDE ELEVATION SECTION O CABRILLO ECONOMIC DEVELOPMENT CORPORATION 11011 AZAHAR 5TREET SATICOY, CALIFORNIA AMu L_ II I I I -- FIRST FLOOR FVN PLAN B THO STORY DETACHED SINGLE FAHLY RE5IDEWZ 4 BEDROOW2 BATH 1600 S.F. W -1'-I G v SECTION A MAINSTREET 18CBHZm- pW?f9m u1c. h. vslu4 ou+eo� s� <MI Mh�IY � 11YMIIIY -ue +a� 0 SIDE ELEVATION SECTION O CABRILLO ECONOMIC DEVELOPMENT CORPORATION 11011 AZAHAR 5TREET SATICOY, CALIFORNIA AMu L_ II I I I -- FIRST FLOOR FVN PLAN B THO STORY DETACHED SINGLE FAHLY RE5IDEWZ 4 BEDROOW2 BATH 1600 S.F. W -1'-I G v FRONT ELEVATION REAR ELEVATION /vry, V I LLTT 5112E ELEVATION R16HT 5112E ELEVATION SECTION 5 CABRILLO ECONOMIC DEVELOPMENT CORPORATION 11011 AZAHAR STREET SATICOY, CALIFORNIA IIQI Ps_l1 J PLAN B - alternate DETACHED SINGLE FAMILY RRES SDEN6E 4 BEORDOK1 BATH 1600 SF. vr., SECTION A I 0,•••�� MAINSTREET ARCffiTBCfS•PIANNERS. INC. /vry, V I LLTT 5112E ELEVATION R16HT 5112E ELEVATION SECTION 5 CABRILLO ECONOMIC DEVELOPMENT CORPORATION 11011 AZAHAR STREET SATICOY, CALIFORNIA IIQI Ps_l1 J PLAN B - alternate DETACHED SINGLE FAMILY RRES SDEN6E 4 BEORDOK1 BATH 1600 SF. vr., Gisler Field, Tract 5161 List of Proposed Setbacks Pagel ATTACHMENT 3 000166 Public Minimum Front Yard Front Yard Interior Interior Streeet Distance Setback to Setback to Side Yard Side Yard Side Yard Between Rear Yard Lot # Porch Garage Setback Setback Setback Structures Setback Notes 1 16.00 18.00 * 3.00 10.00 * 6.00 (1)16.00 2 19.00 21.50 * 3.00 5.00 * 6.00 (2) 20.00 3 23.00 25.50 * 3.00 5.00 * 8.00 (2) 16.00 4 19.00 21.50 * 3.00 5.00 * 8.00 (2) 20.00 5 23.00 25.50 * 3.00 5.00 * 8.00 (2) 16.00 6 19.00 21.50 * 3.00 5.00 * 8.00 (2) 20.00 7 23.00 25.50 * 3.00 10.00 * 8.00 (1) 16.00 8 18.00 20.50 5.00 8.00 * 8.00 (2) 16.00 maximum front yard setback 9 18.00 20.50 * 3.00 5.00 * 8.00 (2) 16.00 maximum front yard setback 10 18.00 20.50 * 3.00 5.00 * 8.00 (2) 16.00 11 18.00 20.50 * 3.00 5.00 * 8.00 (2) 16.00 12 18.00 20.50 * 3.00 5.00 * 8.00 (2) 16.00 13 18.00 20.50 * 3.00 9.00 * 8.00 (2) 16.00 maximum front yard setback 14 18.00 20.50 * 3.00, 9.00 * 8.00 (2) 16.00 maximum front yard setback 15 18.00 20.50 * 3.00 5.00 * 8.00 (2) 16.00 16 1 8.00 20.50 * 3.00 5.00 * 8.00 (2) 16.00 17 18.00 20.50 * 3.00 5.00 * 8.00 (2) 16.00 18 18.00 20.50 * 3.00 5.00 * 8.00 (2) 16.00 19 18.00 20.50 5.00 8.00 * 8.00 (2) 16.00 maximum front yard setback 20 18.00 20.00 5.00 8.00 * 8.00 (1) 16.00 maximum front yard setback 21 18.00 20.50 * 3.00 5.00 8.00 (2) 16.00 22 21.00 23.00 * 3.00 5.00 8.00 (2) 16.00 23 21.00 23.00 * 3.00 5.00 * 8.00 (1) 16.00 24 18.50 21.00 * 3.00 5.00 * 8.00 (2) 16.00 25 19.00 21.50 * 3.00 5.00 * 8.00 (1) 16.00 26 > 18.00 18.00 * 3.00 10.00 * 8.00 (1) 16.00 27 > 18.00 18.00. * 3.00 10.00 * 8.00 (2) 16.00 28 > 18.00 18.00 * 3.00 5.00 * 8.00 (2) 18.50 could increase setback to 29 > 19.50 19.50 * 3.00 5.00 * 8.00 (2) 17.00 garage could increase setback to garage 30 18.00 20.50- * 3.00 5.00 * 8.00 (2) 17.50 31 18.00 20.50 * 3.00 5.00 * 8.00 (2') 16.00 32 19.00 21.00 * 3.00 5.00 * 8.00 (1) 16.00 33 18.00 20.50 5.00 _ 8.00 * 8.00(2) 16.00 maximum front yard setback 34 18.00 20.50 * 3.00 8.00 * 8.00(2) 44.50 maximum front yard setback 35 21.50 23.50 * 3.00 5.00 * 8.00(l) 24.00 36 18.00 20.00 * 3.00 5.00 * 8.00(l) 26.00 37 21.00 23.00 * 3.00 5.00 * 8-00(j) 18.00 38 18.00 18.00 * 3.00 5.00 * 8.00(2) 18.00 could increase setback to garage 39 >.18.00 18.00 * 3.00 5.00 * 6.00(j) 18.50 could increase setback to garage 40 > 20.00 20.00 * 3.00 10.00 * 6.00(l) 16.00 41 > 18.00 18.00 12.50 10.00 15.50(l) 18.50 could increase setback to garage 42 19.00 21.50 * 3.00 10.00 13.00(2) 28.00 43 28.00-- 30.50 * 3.00 10.00 13.00(2) 20.00 Pagel ATTACHMENT 3 000166 Gisler Field, Tract 5161 List of Proposed'Setbacks NOTE 1: * Notes request for waiver that exceeds 20% NOTE 2: (1) Notes single story units (2) Notes two story units Page 2 000IL67 Public Minimum Front Yard Front Yard Interior Interior Streeet Distance Setback to Setback to Side Yard Side Yard Side Yard Between Rear Yard Lot # Porch Garage Setback Setback Setback Structures Setback Notes 44 19.00 21.50 * 3.00 10.00 13.00 (2) 28.00 45 27.00 29.50 * 3.00 14.00 13.00 (2) 20.00 46 18.00 20.50 * 3.00 17.00 * 8.00 (2) 16.00 47 18.00 20.50 5.00 6.50 * 8.00 (2) 16.00 48 18.00 20.50 * 3.00 8.50 * 9.50 (2) 16.00 49 18.00 20.50 * 3.00 16.00 * 11.50 (2) 16.00 50 18.00 20.50 * 3.00 16.00 12.00 (2) 16.00 51 18.00 20.50 * 3.00 9.00 * 10.00 (2) 16.00 52 18.00 20.50 5.00 7.00 * 8.00 (2) 16.00 53 18.00 20.50 * 3.00 17.00 * 8.00 (2) 16.00 54 21.50 23.50 * 3.00 5.00 * 8.00 (1) 16.00 55 18.00 20.00 * 3.00 5.00 * 8.00 (1) 19.50 56 22.00 24.00 * 3.00 5.00 * 8.00 (1) 16.00 57 20.00 22.00 * 3.00 5.00 * 8.00 (1) 18.50 58 23.00 25.00 * 3.00 5.00 * 8.00 (1) 16.00 59 > 20.00 20.00 * 3.00 10.00 * 8.00 (1) 22.00 NOTE 1: * Notes request for waiver that exceeds 20% NOTE 2: (1) Notes single story units (2) Notes two story units Page 2 000IL67 BOARD OF DIRECTORS PRESIDENT DAVID J. SABEDRA Channel Islands National Bank VICE PRESIDENT MARLA SANDALL Community Representative Apricot Ranch Simi Valley TREASURER KENNETH R. MERIDETH Soares, Sandell, Bemacchi & Petrovich SECRETARY SISTER CARMEN RODRIGUEZ St. John's Community Outreach Oxnard RENE CORADO Community Representative Casa Valasquez Camarillo RICHARD FRANCIS Attorney ERNIE MORALES Community Representative Fillmore JESSICA MURRAY Community Representative 'ontgomery Oaks Community rues, Inc.. Ojai DEAN A. PALIUS People Helping People VISORY BOAR RON L. HERTEL Hertel Constructors BARBARA JOURNET Community Representative Oxnard BARBARA MACRI -ORTIZ Channel Counties Legal Services Association RICHARD MCNISH Strathmore Homes AL ZAPANTA Atlantic Richfield Company CEDCCabrillo Economic Deve,apment Corporation 11011 Azahar Street, Saticoy, California Y 93004 (805) 659 -3791 Fax (805) 659 -3195 November 13, 1998 John Nowak Assistant City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Re: Gisler Field Tentative Tract Map No.5161 Dear Mr. Nowak: RECEIVED NOV 15 1998 Litt' of Moorpark Administrative Services Department This is to formally request that the City Council or Planning Commission make the following modifications in the setback requirements for the Gisler Field project. These were included in the basic concept and schematic drawings approved by the Agency and in the application submitted to the City: 1) On most lots the minimum front yard setback will be 18 feet to the porch and 20 feet to the garage. The exceptions are 1, 26, 27, 28, 29, 38, 39, and 41, which have front yard setbacks to the garage of 18 to 20 feet. Only lot 1 has a setback to the porch of less than 18 feet (16 feet). 2) On all lots adjacent to a public street, the minimum side yard setback will be eight feet. 3) On all interior lots, the mi iru,, side yard setback will be three feet. 4) On most lots the minimum distance between structures EXECUTIVE DIRECTOR that are separated by a side lot line and do not share a RODNEY E. FERNANDEZ common wall will be eight feet. Between lots 1 and 2; and 39 and 40, the distance is six feet. The other side yard setback for lot 1 is ten feet, for lot 2 is five feet, for lot 39 is five feet, and for lot 40 is ten feet. 5) The minimum rear yard setback will be 16 feet. The setbacks are shown on the attached chart. Qn- 000108 ur John Nowak November 13, 1998 Page 2 We also formally request that the streets for this tract be public and the adoption of the public street standard that we have proposed for this project. Please contact me if you have any questions. Sincerely, 01 � Karen Flock Project Manager Via fax 529 -8270 (4 pages) 000109 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO.99 -2 TO CHANGE THE ZONING DESIGNATION ON UNDEVELOPED LAND LOCATED SOUTH OF POINDEXTER AVENUE, WEST OF POINDEXTER PARK, NORTH OF MISSION BELL PLAZA AND EAST OF MOORPARK ESTATES (APN. 511 -0- 090 -305) FROM RESIDENTIAL PLANNED DEVELOPMENT 15 UNITS PER ACRE (RPD -15U TO RPD 8.9U) ON THE APPLICATION OF CABRILLO ECONOMIC DEVELOPMENT CORPORATION WHEREAS, at a duly noticed public hearing on July 7, 1999, the City Council considered the application filed by Cabrillo Economic Corporation for approval of Zone Change No. 99 -3 for a change in the zoning designation on the property from Residential Planned Development 15 units per acre (RPD 15u) to RPD 8.9u per acre; and WHEREAS, at its meeting of July 7, 1999, the City Council opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing on July 7, 1999; and WHEREAS, the City Council, after review and consideration of the information contained in the staff reports 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 has determined that the Mitigated Negative Declaration /Initial Study for the Zone Change, Residential Planned Development and Tentative Tract Map 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. The City Council adopts the Mitigated Negative Declaration. SECTION 3. The City Council has determined that the impacts for the proposed Zone Change would not have a significant adverse effect on the environment. SECTION 4. The City Council hereby finds that the proposed Zone Change will be in conformance with the City's Land Use Element of the General Plan. SECTION 5. 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 ATTACHMENT 000170 Ordinance for Zone Change No. 99 -3 Page No. 2 8.9 as it would provide a suitable location for single- family residential dwellings. SECTION 6. The City Council hereby approves Zone Change No. 99 -3 changing the zoning designation on the property from RPD 15u (Residential Planned Development 15 units per acre maximum to RPD 8.9 u (Residential Planned Development 8.9 units per acre). SECTION 7. The City Council hereby directs staff to amend the City Zoning Map to reflect the approved Zone Change consistent with attached Exhibit "A ". SECTION 8. 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 9. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 10. 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 order 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. 000171 Ordinance for Zone Change No. 99 -3 Page No. 3 PASSED AND ADOPTED this day of , 1999. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk Attachment: Exhibit A 0001"412 $ ----- - - - - -- $ SHASTA AVENUE w to 60' TRACT 1240 ORDINANCE NO. ZONE CHANGE NO. 99 -3 POINDEXTER -------- - 7- 285.66' 95- 094386 2121 o 25 2.1 QAc. SITE RPD 15u TO RPD 8.9u 0 6.64Ac. Pa1*A LLA 95- 050899 Ln 0 C? 0 0) O O Lo Z Q Oi N a 37208 31 R =330 7.19Ac. L =62.8r POINDEXTER PARK R =270' L= 51.44' n tr h a l .7 jo 21 PUM .• N87331501E 461.9r R i J O O � U co J CK Q U W r 2 2 RESIDENTIAL PLANNED DEVELOPMENT 15 UNITS PER ACRE MAXIMUM TO RESIDENTIAL PLANNED DEVELOPMENT 8.9 UNITS PER ACRE MAXIMUM A 6.6 ACRE PARCEL SOUTH OF POINDEXTER AVENUE, BETWEEN SIERRA AVENUE AND CHAPARRAL SCHOOL 000173 RESOLUTION NO. 9+9- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO 5161 FOR 59 LOTS AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 98 -7 FOR APPROVAL TO CONSTRUCT 59 DWELLING UNITS ON 6.6 ACRES OF LAND LOCATED SOUTH OF POINDEXTER AVENUE, WEST OF POINDEXTER PARK, NORTH OF MISSION BELL PLAZA AND EAST OF MOORPARK ESTATES ON THE APPLICATION OF CABRILLO ECONOMIC DEVELOPMENT CORPORATION, ASSESSOR'S PARCEL NO. 511 -0- 090 -30 WHEREAS, at a duly noticed public hearing on July 7, 1999, the City Council considered the application filed by Cabrillo Economic Development Corporation for approval of the following: Residential Planned Development Permit (RPD) No. 98 -7 - for approval to construct 59 dwelling units. Tentative Tract Map No. 5161 - for a subdivision of approximately 6.6 acres into 59 residential lots. WHEREAS, at its meeting of July 7, 1999, the City Council opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing on July 7, 1999; and WHEREAS, the City Council, after review and consideration of the information contained in the City Council staff report and testimony, has made a decision on the aforementioned projects. 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. Findinqs 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 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. ATTACHMENT= 000174 City Council Resolution RPD 98 -7, TT 5161 Page No. 2 4. A Mitigation Reporting and Monitoring Program has been prepared and considered in the various decisions regarding these projects. Subdivision Map Act Findinas Based on the information set forth above, it is determined that the 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 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. 2 000175 City Council Resolution RPD 98 -7, TT 5161 Page No. 3 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 Conditions of Approval for Tentative Tract Map No. 5161 shall apply to Residential Planned Development Permit No. 98 -7 and vice - versa. SECTION 4. Approval of Residential Tentative Tract Map No. 5161 and Residential Planned Development No. 98 -6 shall become effective upon the effective date of the change in Zoning from RPD - 15u (Residential Planned Development 15 units per acre) to RPD -8.9u as proposed by Zone Change No. 99 -3. SECTION 5. That the City Council hereby conditionally approves Tentative Tract Map No. 5161 for 59 lots, and Residential Planned Development Permit No. 98 -7 for 59 dwelling units on the application of Cabrillo Economic Development Corporation subject to compliance with all of the following conditions: 3 000176 City Council Resolution RPD 98 -7, TT 5161 Page No. 4 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5161 A: GENERAL REQUIREMENTS lication of City Ordinances /Policies 1. The conditions of approval of this 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 2. 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. Expiration of Map 3. This 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 permit. Image Conversion 4. Prior to recordation, image conversion of and site plans into Clerk. Hold Harmless the builder shall provide to the City an building, landscape, public improvement in optical format acceptable to the City 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 4 0001'77 City Council Resolution RPD 98 -7, TT 5161 Page No. 5 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. 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. B. UTILITY AGENCY REQUIREMENTS Calleguas Release 7. Prior to approval of a Final Map, the subdivider shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made. The subdivider shall comply with 5 000178 City Council Resolution RPD 98 -7, TT 5161 Page No. 6 Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. Unconditional Availabilitv Letter 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. 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 Bond for Utilities 10. Prior to approval of a final map, the subdivider shall post sufficient surety bond 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. 0 000179 City Council Resolution RPD 98 -7, TT 5161 Page No. 7 C. 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" 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) , except that the fees for the 15 affordable units shall not exceed $3,000 per unit payable prior to Final Inspection as approved under City Council waiver on December 16, 1998 (CC resolution No. 98- 1557). Citvwide Traffic Mitiaation Fee 13. 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, except that the fees for the 15 affordable units shall be paid not later than prior to Final Inspection of each affordable unit as provided for in the DDA approved by the City Council on December 16, 1998. CC &R and Landscapina Easement Reauirement 14. Covenants, Conditions, and Restrictions (CC &R's) establishing a Homeowners' Association for the proposed subdivision shall be prepared and shall identify the maintenance responsibilities of the Homeowners' Association including, but not limited to; all walls and landscaping adjacent to Poindexter Avenue, adjacent to the public street ( "A" Street) separating this parcel from Poindexter Park, separating the project from commercial development to the south and adjacent to the residential properties located to the west of the proposed development. In addition, the applicant shall provide all landscaping easements across private property as determined by the City for the purpose of providing such maintenance. The CC &R's shall address the maintenance of all walls and landscaped areas required by the City to be maintained. 7 000180 City Council Resolution RPD 98 -7, TT 5161 Page No. 8 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 5161. Prior to approval of the Final Map, an easement covering the Maintenance Areas shall be irrevocably offered to the City for maintenance purposes. 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 or modifications to existing units 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 or construction features: a. Stoves, ovens, and ranges, when gas fueled, shall not have continuous burning pilot lights. b. All thermostats connected to the main space heating 000181 City Council Resolution RPD 98 -7, TT 5161 Page No. 9 source shall have night setback features. c. Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. d. For attenuation of interior noise levels of the homes built on Lots 1 -7 abutting Poindexter Avenue, all window openings facing the railroad tracks on the second story of two story dwellings shall be equipped with acoustical windows rated at STC -30 or better and shall be installed consistent with manufacturer directions and to the satisfaction of the Director of Community Development. Additionally, an appropriately sized forced ventilation system shall be installed and fresh air or discharge openings for such a system shall be located on the side of the dwelling opposite the railroad tracks. 20. A fencing, perimeter, gate, 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 fencing and barrier walls along lot boundaries shall be in place prior to occupancy. Where applicable prior to approval of the final wall and fence plan, the Director of Community Development shall approve the connection of the west property line wall with existing fences and or walls on the adjacent residential lots. 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 roofing material made of wood or asphalt shingles and requiring tile roofs as determined by the City as roofing materials for residential structures. 23. All 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 9 000182 City Council Resolution RPD 98 -7, TT 5161 Page No. 10 adopted community noise standards. Garages shall remain permanently available for the purpose of automobile parking. 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 located to the east of the located to the north and the lot located to south of the disclosed in the white report potential buyers. CITY ENGINEER CONDITIONS existence of Poindexter Park proposed site, the railroad commercial center and parking site. This should also be and by separate disclosure to PRIOR TO THE ISSUANCE OF A GRADING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: General: 1. The Developer shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. Grading: 2. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a Registered Civil Engineer. The Developer shall enter into an agreement with the City of Moorpark to complete the improvements and shall post sufficient surety guaranteeing the completion. 3. Upon approval of the Final Map, requests for rough grading permits will be granted in accordance with the approved Tentative Map, as required of these conditions and local ordinance. 4. 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 10 000188 City Council Resolution RPD 98 -7, TT 5161 Page No. 11 grading, if available from Waterworks District No. 1 at the time of grading permit approval. 5. This project is projected to balance cut and fill onsite. Unanticipated off -site import /export operations requiring an excess of 100 total truck loads shall require City Council approval prior to the commencement of hauling or staged grading operations. A haul route is to be submitted to the City Engineer for review and approval. Additional surety for the cleaning and /or repair of the streets may be required as directed by the City Engineer. 6. All requests for staged grading must be submitted in writing to the City Engineer for review and approval by the City Council. 7. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first. 8. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted, plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. 9. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. 10. The development drainage is collecte, area. 11. , So as to reduce the approved grading 18 inches high, with area shall be designed so that surface J by a storm drain system prior to leaving debris from entering sidewalk and streets, plan shall show a slough wall, approximately curb outlet drainage to be constructed 11 1 � City Council Resolution RPD 98 -7, TT 5161 Page No. 12 behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The Developer shall use the City's standard slough wall detail during the design and construction. All material for the construction of the wall shall be approved by the City Engineer and Director of Community Development. Geotechnical /Geology Review 12.• The Developer shall submit to the City of Moorpark for review and approval, detailed Geotechnical Engineering Report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. In addition, the report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report, by the City's Geotechnical Engineer, is required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. 13. 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 Planning: 14. The Developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the completion. The plans shall depict all on -site and off -site drainage structures required by the City. 12 000185 City Council Resolution RPD 98 -7, TT 5161 Page No. 13 The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All storm drains shall carry a 10 -year frequency storm; C. All catch basins shall carry a 10 -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 a storm drain system prior to entering collector or secondary roadways; g. Under a 10 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector streets 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. 13 Fl :.Qq City Council Resolution RPD 98 -7, TT 5161 Page No. 14 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 system 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 owners unless otherwise approved by the City Council. 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. n. A hydraulic /hydrology study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by Ventura County Flood Control and The City of Moorpark, to support the proposed development. o. Improvements shall be constructed to detain drainage on -site when the drainage amount is between the ten year and fifty year storm event. A rainfall intensity zone K shall be utilized in the design unless an alternate design intensity is approved by the City Engineer. 15. The applicant shall demonstrate that surface drainage from the site shall not drain over sidewalks, except at driveways. 16. The Developer shall demonstrate for each building pad within the development area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: 14 000187 City Council Resolution RPD 98 -7, TT 5161 Page No. 15 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. 17. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 18. 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 shown on existing drainage studies and approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities (if applicable) must also be acceptable to the Ventura County Flood Control District. National Pollutant Discharge Elimination System ( NPDES) 19. 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" 15 City Council Resolution RPD 98 -7, TT 5161 Page No. 16 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 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 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. 20. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 21. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. STREET IMPROVEMENT REQUIREMENTS: 22. The Developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of the improvements. Street improvements shall not be accepted by the City for maintenance 16 City Council Resolution RPD 98 -7, TT 5161 Page No. 17 until completion, unless otherwise determined by the City Engineer. Parkway landscaping and perimeter walls shall be maintained by the Homeowners' Association. A" Street, "B", "C", %%D", "E", and "F' Drive 23. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision), except for the modification to the knuckle and sidewalk standards approved by the City Council on December 16, 1998, or as modified per City Resolution. a. The landscaped parkway (approximately five (5) feet wide) shall separate the curb from the sidewalk on Poindexter Avenue with a five (5) foot wide sidewalk at the rear line of this landscaped area. Additional landscaping shall be placed between the sidewalk and the project perimeter wall. 24. The street improvements shall include concrete curb and gutter, parkways, street lights, and signing, striping, interim striping and traffic control, paving, and any necessary transitions, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The Developer shall dedicate any additional right -of -way necessary to make all of the required improvements. 25. The Developer shall provide slope easements for road maintenance purposes only along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated right -of -way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. 26. Streetlights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 27. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within the right -of -way landscaping areas whenever possible. When above ground obstructions are to be 17 000190 City Council Resolution RPD 98 -7, TT 5161 Page No. 18 placed within the sidewalk, a minimum four (4) foot clear sidewalk width must be provided around the obstruction. 28. Additional surety shall be provided for resurfacing and /or repair of the full width portion of Poindexter Avenue. located adjacent to the project. The surety shall be used to secure the curb replacement and overlay or slurry of the street, as a result of damage from construction work or utility trenching. The City may require restoration of the street before occupancy of the building. Surety will be returned upon the City Engineer accepting the condition of the street. OTHER: 29. The Developer shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform with Reuse Permit procedures administered by the County Water Resources Development Department. 30. The applicant shall comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations. These measures shall be implemented by the County of Ventura Public Works Department (Waterworks District No. 1). 31. All existing and proposed utilities shall be undergrounded as approved by the City Engineer. 32. The final design and location of all walls and fences, streetscape elements, urban landscaping are subject to the approval of the Director of Community Development. 33. 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. 34.' Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. m 000191 City Council Resolution RPD 98 -7, TT 5161 Page No. 19 35. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filling of the final or parcel map for approval pursuant to Government Code Section 66457. a. Notify the City of Moorpark (hereinafter "City") in writing that the applicant 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. Supply the City with (I) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant 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. 36. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. All fences, walls and other structures six (6) feet or more in height are to be submitted to and approved by the Director of Community Development. 37. The Final Map shall include appropriate wording and drawings as necessary to dedicate vehicular access rights along Poindexter Avenue and "A" Street to the City of Moorpark and a covenant and deed restriction shall be recorded prohibiting vehicular access to any side or rear yards that abut the Mission Bell Plaza Shopping Center. 19 000IL92 City Council Resolution RPD 98 -7, TT 5161 Page No. 20 38. The Developer shall offer to dedicate to the City of Moorpark, public use, all right -of -way easements for public streets. 39. The Developer shall post sufficient surety guaranteeing completion of all site improvements within the development and other offsite improvements required by the conditions as described herein (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., accessways, temporary debris basins, etc.) in a form acceptable to the City. 40. All new land divisions within the development shall agree to pay lighting and landscaping assessments as determined by all current or revised assessment schedules. 41. The applicant shall make a special contribution to the City representing the Developers pro -rata share of the cost of improvements at the following intersection: Los Angeles Ave. /Moorpark Avenue (estimated cost of improvement $165,000) Los Angeles Ave. /Spring Road (estimated cost of improvement $150,000) Los Angeles Ave. /Tierra Rejada (estimated cost of improvement $100,000) Moorpark Ave. /Poindexter Avenue (estimated cost of improvement $120,000) 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 an estimate of the projected traffic numbers for calculation of the pro -rata share. PRIOR TO ISSUANCE OF THE FIRST BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 42. The applicant shall have recorded Tract Map 5161. 20 0® ®193 City Council Resolution RPD 98 -7, TT 5161 Page No. 21 DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY: 43. Grading may occur during the rainy season from October 15th to April 15th subject to installation of erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. 44. 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. 45. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. 46. During clearing, grading, earth moving or excavation operations, dust shall be controlled by regular watering. In addition the following measures shall apply: a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur 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 grading plan shall indicate the number of water trucks that 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. Keep all grading and construction equipment on or near the site, until these activities are completed. e. Facemasks shall be used by all employees involved in grading or excavation operations during dry periods to 21 City Council Resolution RPD 98 -7, TT 5161 Page No. 22 reduce inhalation of dust that may contain the fungus that causes San Joaquin Valley Fever. f. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. g. Implement acceptable measures as approved by the City Engineer to prevent dirt or other debris from entering public property, such as washing off heavy -duty construction vehicles and cleaning tires. 47. 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, or as directed by the City Engineer, sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 48. All diesel engines used in construction equipment shall use reformulated diesel fuel. 49. During smog season (May - October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. 50. 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. 22 000895 City Council Resolution RPD 98 -7, TT 5161 Page No. 23 No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 51. Truck noise from hauling operations through establishing hauling routes that and requiring that "Engine Exhaust Brake haul route within the City. The hauling as part of the grading plan and shall be Engineer. shall be minimized avoid residential areas s" not be used along the plan must be identified approved by the City 52. The Developer shall ensure that construction equipment is fitted with modern sound- reduction equipment. 53. Equipment not in use for more than ten minutes shall be turned off. 54. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 55. The Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 56. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 57. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 58. Soil testing for trench compaction is to be performed on all trenches for pipe or conduit placement. The interval of testing shall be less than once every 4 feet of lift and 100 lineal feet of trench excavated. 59. Observe a 15 mile per hour speed limit for the construction area. 23 000196 City Council Resolution RPD 98 -7, TT 5161 Page No. 24 60. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 61. Prior to issuance of building permits for the 44 Market Rate dwellings, the Developer shall pay to the City, the Los Angeles Avenue Area of Contribution (AOC) Fee, which shall be the dollar amount that was in effect at the time of the execution of the DDA on'December 16, 1998. The Los Angeles Area of Contribution fees in effect on July 7, 1998, shall be paid for the remaining 15 Affordable units not later than prior to Final Inspection as provided in the DDA approved by the City Council on December 16, 1998. 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. 62. Prior to issuance of a building permit, all habitable structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 63. Construction of "A" Street "B" "C" "D" "E" and "F" Drive and parkway improvements and /or repairs shall be completed to-the satisfaction of the City of Moorpark. 64. If directed by the City, the Developer shall have repaired, overlayed or slurried that portion of Poindexter Avenue adjacent the development. The repairs, curb replacement, parkways, sidewalks, and overlay or slurry of the street, as a result of damage from construction work or utility trenching shall be along the entire length of the project including transitions unless otherwise approved and shall be completed to the satisfaction of the City Engineer. 24 000197 City Council Resolution RPD 98 -7, TT 5161 Page No. 25 PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND REDUCTION AND /OR EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 65. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 66. Sufficient surety in a form and in an amount acceptable to the City guaranteeing the public improvements shall be provided, and shall remain in place for one year following acceptance by the City. 67. If necessary, the applicant 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. 68. Original "as built" plans will be certified by the Developer's Registered 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 "record drawings" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection will be scheduled. FIRE DEPARTMENT CONDITIONS Access Road 1. Access roads shall be installed with an all weather surface, suitable for access by Fire Department apparatus. A minimum clear street width of 36 feet shall be provided on B,C,D,E and F Street and a minimum of 40 feet curb to curb shall be provided on "A" Street. Maximum Grade 2. Access roads shall not exceed 15% grade. Access Points 3. When only one (1) access point is provided, the maximum 25 City Council Resolution RPD 98 -7, TT 5161 Page No. 26 length of such access shall not exceed 800 feet unless otherwise approved by the Fire Department. Two means of Ingress /Egress 4. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District Guidelines, unless otherwise approved by the Fire Department. Certification of Access Road 5. The access road(s) driveway(s) 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 Division for review and approval prior to map recordation. Street Names 6. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center 165 Durley Avenue, Camarillo, for review and approval. 7. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. Fire Hydrants 8. 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 500 feet of the development. Proposed hydrant is not acceptable. 9. 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 1/2 inch outlet(s). b The required fire flow shall be achieved at no less than 20 psi residual pressure. 26 000199 City Council Resolution RPD 98 -7, TT 5161 Page No. 27 C Fire hydrants shall be spaced 500 feet on center and so located that no structure will be farther than 250 feet from any one hydrant. d Fire hydrants shall be set back in from the curb face 24 inches on center. Fi rA 71 r-tw 10. 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. Address Numbers 11. 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. Brass and /or gold letters or numbers shall not be used. 12. 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 13. 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. Grass and Brush Removal 14. 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. 27 000000 City Council Resolution RPD 98 -7, TT 5161 Page No. 28 Spark Arrestor 15. An approved spark arrestor shall be installed on the chimney of any structure(s). VCFD Form No. 126 16. 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: 1. 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. 2. Provide the District the following: • Water and sewer improvement plans. • Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. • Copy of Ventura Fire District approval of fire hydrant locations. • Copy of Release from Calleguas Municipal Water District. • Cost estimate for water and sewer improvements. • Fee: Plan check fee, construction inspection fee, capital improvement charge, sewer connection fee, and water meter charges. • Copy of grading, street improvement and drainage plans. • Tract Maps showing water and sewer easements dedicated to the District. • Signed "Contract to Install" and surety bond(s). NU-1 000201 City Council Resolution RPD 98 -7, TT 5161 Page No. 29 APPROVAL OF RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 98 -7 SUBJECT TO COMPLIANCE WITH THE FOLLOWING CONDITIONS: Note: Prior to the issuance of a Building Permit, the applicant shall have recorded Tract Map 5161. The conditions of approval for the Tentative Tract Map shall apply to Residential Planned Development Permit No. 98 -7. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS: Permitted Uses 1. The permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. Any change from the submitted product mix shall require approval of a modification to the Residential Planned Development Permit. Requirement for Development Agreement (DDA) 2. Prior to issuance of a Zoning Clearance for construction, the Director of Community Development shall verify that all requirements in the Disposition and Development Agreement (DDA) including but not limited to affordable housing have been completed. Approval of the Residential Planned Development Permit and Tentative Tract Map is conditioned on compliance with all conditions and provisions of the DDA as approved by the Moorpark Redevelopment Agency dated July 8, 1998, and attachments thereto including provisions for affordable housing. If compliance with the Agreement is not achieved, the City Council may initiate a Reversion to Acreage or other procedure, and nullify the Residential Planned Development Permit. Use Inauauration 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, or as stipulated 29 0002oz City Council Resolution RPD 98 -7, TT 5161 Page No. 30 by the DDA, 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 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 Rights 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 30 000203 City Council Resolution RPD 98 -7, TT 5161 Page No. 31 to provide access for all governmental agencies providing 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. 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. 31 000204 City Council Resolution RPD 98 -7, TT 5161 Page No. 32 Surety 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. Rain Gutters and Downspouts 14. 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 15. No roof mounted equipment (other than required vents) shall be permitted. Exceptions to this limitation must be approved by the Director of Community Development. Exterior Lighting 16. 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. 17. Deleted Intentionally Energy Saving Devices 18. 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); 32 oo020S City Council Resolution RPD 98 -7, TT 5161 Page No. 33 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 19. 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 in ground maintenance, as indicated by the Code Enforcement Officer within five (5) days after notification. Archaeological or Historical Finds 20. 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 21. 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. 33 000206 City Council Resolution RPD 98 -7, TT 5161 Page No. 34 PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Citvwide Traffic Mitiaation Fee 22. Prior to the issuance of a Zoning Clearance for construction for each unit, the applicant shall pay a Citywide Traffic Mitigation Fee of $3,000 for each of the residential units, except for the Affordable units which shall be paid prior to Final Inspection. Submittal of Landscape Plans 23. 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. 34 000207 City Council Resolution RPD 98 -7, TT 5161 Page No. 35 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. i. 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. j. Deleted intentionally k. The planting plan shall indicate the proposed locations of light standards. The lighting and tree locations shall be designed to avoid conflicts. 1. All backflow preventers, transformers, and other above - grade utilities shall be appropriately screened with walls and /or plantings. m. The planting and irrigation design shall comply with the State of California Model Water Efficient Landscape Ordinance. W l City Council Resolution RPD 98 -7, TT 5161 Page No. 36 n. 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. o. Subsequent to occupancy, the landscaping shall be maintained in accordance with the approved Maintenance Plan. p. The landscape plan shall include planting and irrigation specifications for manufactured slopes and all common areas. q. 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. r. In the area of future buildings not under construction, turf and irrigation shall be installed. s. 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). iv. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. 36 000209 City Council Resolution RPD 98 -7, TT 5161 Page No. 37 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. The applicant shall install purple pipe in all common areas for the purpose of using reclaimed water when available. Construction Access Plan 24. The applicant shall submit a construction access plan to the Department of Community Development for review and approval by the Director of Community Development. Zoning Clearance 25. Prior to submittal of construction plans for plan check or initiation of any construction activity, a Zoning Clearance 37 000210 City Council Resolution RPD 98 -7, TT 5161 Page No. 38 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 Drawinas 26. 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. Revisions to Plans 27. 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. All roof shall be clay or concrete tile, the style and color of which shall be subject to the review and approval of the Director of Community Development. d. The project property line that separates the single family residences to the west shall have 6 foot high wall (as measured on the project side) . The project property line wall adjacent to the residences shall be constructed prior to issuance of building permits for dwelling construction. Interior and exterior walls shall be made of slump block brown in color as approved by the Community Development Director. Property line walls between lots shall be slump block or other decorative masonry six feet in height. CMU (Concrete Masonry unit) [cam? 000211 City Council Resolution RPD 98 -7, TT 5161 Page No. 39 walls are not permitted. e. Prior to issuance of permits for dwelling construction, an eight foot wall to be located along the southerly portion of the property shall be constructed. The location of the wall shall be approved by the Director of Community Development. The design of the wall shall be the same height and design of the existing wall located along the western property line of CPD 89 -1 adjacent to the existing residences. This wall shall be constructed prior to issuance of building permits for construction. f. Prior to issuance of permits for dwelling construction, the proposed property line wall along the east property line portion of the project shall be constructed. The location of the wall shall be approved by the Director of Community Development. g. Second -Story windows on side property lines shall be off- set on abutting units to enhance privacy. h. Gates to side yards visible from the street shall be wrought iron with mesh backing to obscure view from the street. i. Property line walls between lots are to be constructed of decorative masonry, minimum five (5() feet in height. j. The Cottage architectural style shall be enhanced with more detail including a variety of building materials, variation in elevations and variety of garage door designs. Outstandina Case Processina Fees 28. 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. 39 000212 City Council Resolution RPD 98 -7, TT 5161 Page No. 40 Performance Bond 29. 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 Flashin 30. 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. 31. 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. Garage Size 32. Individual garages shall maintain minimum inside dimensions of 20 feet in length and 20 feet in width with a minimum interior height of 8 feet. 40 00021.3 City Council Resolution RPD 98 -7, TT 5161 Page No. 41 Adjacent Property Walls and Fences 33. 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 34. Prior to issuance of the first Certificate of Occupancy, the builder shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. Cable Service 35. 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 36. All exterior building materials and paint colors shall be those approved by the Redevelopment Agency. A .qhPGtnq 37. No asbestos pipe or construction materials shall be used. Public Nuisance 38: 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. 39. Left blank intentionally 41 000214 City Council Resolution RPD 98 -7, TT 5161 Page No. 42 PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Will Serve Letter 40. 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 Common and Front Yard Landscapi 41. The applicant shall install front yard landscaping as approved on the landscape plans. Front yard and common landscaping shall be completed for each lot prior to it's occupancy. Acceptance of On -Site Improvements 42. 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 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. 43. All related perimeter and garden walls shall be constructed prior to the issuance of a zoning clearance for occupancy. 42 000215 City Council Resolution RPD 98 -7, TT 5161 Page No. 43 BUILDING AND SAFETY REQUIREMENT 1. All second story windows facing the railroad tracks for residences on Lots 1 -7 are required to have ratings of STC 30 or higher. Additionally, an appropriately sized forced ventilation system shall be installed and fresh air or discharge openings for such a system shall be located on the side of the dwelling opposite the railroad tracks. CITY ENGINEER CONDITIONS PRIOR TO ISSUANCE OF THE FIRST BUILDING PERMIT FOR CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 1. The applicant shall have recorded Tract Map 5161. The Conditions of Approval for Tentative Tract Map shall apply to Residential Planned Development Permit No. 98 -7. MOORPARK POLICE DEPARTMENT CONDITIONS The following represents the crime prevention evaluation for this proposed project. Construction Site Security Provisions. All new construction, shall comply with the following security measures until the utilities have been released by the City: A.• Perimeter lighting shall be installed at a minimum of 150 foot intervals and at a height not less than 15 feet from the ground. The light source used shall have a minimum light output of 2000 lumens, be protected by a vandalism resistant cover, and be lighted during the hours of darkness. Additional lighting shall be required if the construction site exceeds four acres in area. Lighting shall be installed at locations designated by the Chief of Police if determined to be necessary. B. In addition to perimeter lighting described in Subsection A of this section, one of the following shall be used: 1. Fencing, not less than six feet in height, which is designed to preclude human intrusion, shall be installed along the perimeter boundaries of the construction site; or 43 000216 City Council Resolution RPD 98 -7, TT 5161 Page No. 44 2. A uniformed security guard, licensed according to Business and Professions Code, Chapter 11, shall be utilized to continually patrol the construction site during the hours when construction work has ceased. 3. Construction equipment, tools and materials will be properly secured to prevent theft during non - working hours. 4. All computers and appliances (microwave ovens, dishwashers, trash compactors,etc.) Will be properly secured to prevent theft prior to installation during non- working hours. All serial numbers will be recorded for identification purposes. 5. 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. Landscaping A. Landscaping shall not cover any exterior door or window. B. Landscaping at entrances /exits or at any intersection will not block or screen the view of a seated driver from another moving vehicle or pedestrian. C. Landscaping (trees) will not be placed directly under any overhead lighting which could cause a loss of light at ground level. Fences A. Fences or fencing gates on side yards which are visible from the front should be constructed of wrought iron spaced at 4" on center. This will allow for detection of intruders by neighbors. Security Requirements Door Jambs, Strikes and Hinges Except for vehicular access doors, all exterior swinging doors of any residential building and attached garages, including the door leading from the garage area into the dwelling unit 44 000217 City Council Resolution RPD 98 -7, TT 5161 Page No. 45 shall be equipped as follows: A. 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 each side of the strike. B. 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. C. Door stops on wooden jambs for in- swinging doors shall be one piece construction with the jamb. Jambs for all doors shall be constructed or protected so as to prevent violation of the strike. D. 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 screws, which must penetrate at least two (2) inches into solid backing beyond the surface to which the strike is attached. E. Hinges for out - swinging doors shall be equipped with non- removable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by removing the hinge pins. Garage -type Doors All garage doors shall conform to the following standards: A. Wood doors shall have panels a minimum of 5/16 inch in thickness with the locking hardware being attached to the support framing. B. 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. C. Fiberglass doors shall have panels a minimum density of six ounces per square foot from the bottom of the door to a height 45 000218 City Council Resolution RPD 98 -7, TT 5161 Page No. 46 of seven (7) feet. Panels above seven and panel in residential structures shall have a density not less that five (5) ounces per square foot. D. 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) inch. E. Doors that exceed 16 feet in width, but do not exceed 19 feet in width, shall have the following options as to locking devices: 1. 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; 2. 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; 3. Torsion spring counter balance type hardware may be used if such hardware substantially complies with the requirements of this chapter. F. Doors with slide bolt assemblies shall have frames with a minimum of .120 inches in thickness, with a minimum bolt diameter of one - half inch and protrude at least 1/2 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. ecial Buildina Provisions - Residential A. Except for vehicular access doors, all exterior swinging doors of any residential building and attached garages, including the door leading from the garage area into the dwelling unit shall be equipped as follows: 1. 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. 2. 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 46 000219 City Council Resolution RPD 98 -7, TT 5161 Page No. 47 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. a.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. b.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. c.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 d.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. 4. 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. 5. Glazing in exterior doors or within 12 inches of any locking mechanism shall be of fully tempered glass or rated burglary resistant glazing. 6. 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. 47 000202r0 City Council Resolution RPD 98 -7, TT 5161 Page No. 48 B. Street numbers and other identifying data shall be displayed as follows: 1. 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. WATERWORKS DISTRICT NO 1 CONDITION: 1. 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. 2. Provide the District the following: • Water and sewer improvement plans. • Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. • Copy of Ventura Fire District approval of fire hydrant locations. • Copy of Release from Calleguas Municipal Water District. • Cost estimate for water and sewer improvements. • Fee: Plan check fee, construction inspection fee, capital improvement charge, sewer connection fee, and water meter charges. • Copy of grading, street improvement and drainage plans. • Tract Maps showing water and sewer easements dedicated to the District. • Signed "Contract to Install" and surety bond(s). FIRE DEPARTMENT CONDITION: The Conditions of Approval for Tentative Tract Map No. 5156 shall apply to Residential Planned Development Permit No. 98 -7. 48 000221 City Council Resolution RPD 98 -7, TT 5161 Page No. 49 AIR POLLUTION CONTROL DISTRICT CONDITIONS 1. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (ie., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. 2. 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. 3. All unpaved on -site roads shall be periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 4. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of fugitive dust. 5. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 6. On -site vehicle speeds shall not exceed 15 miles per hour. 7. Equipment engines shall be maintained in good condition and in proper tune as per manufacturers specifications. MOORPARK UNIFIED SCHOOL DISTRICT CONDITION Prior to the issuance of Building Permits for construction, the applicant shall pay applicable school fees. 49 000222 City Council Resolution RPD 98 -7, TT 5161 Page No. 50 MITIGATION /MONITORING PROGRAM TENTATIVE TRACT MAP NO. 5161 RESIDENTIAL PLANNED DEVELOPMENT 98 -7 Geotechnical Mitiaation and Monitori Mitiaations 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. Monitorin Prior to issuance of Permits, the City Engineer will review and approval plans which incorporate measures which adequately reduce geotechnical concerns. Inspections will be made at various stages of the building process to ensure building codes and 50 000223 City Council Resolution RPD 98 -7, TT 5161 Page No. 51 engineering conditions have been satisfactorily addressed. Water Mitiaation and Monitorin 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 an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. 2. The plans shall depict all on -site and off -site drainage structures required by the City. 3. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied before and after development: 4. 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: 5. All storm drains shall carry a 50 -year frequency storm; 6. All catch basins shall carry a 50 -year storm; 7. 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; 8. All culverts shall carry a 100 -year frequency storm; 9. 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; 10. Under a 50 -year frequency storm, local, residential and private streets shall have one dry travel lane available on 51 000224 City Council Resolution RPD 98 -7, TT 5161 Page No. 52 interior residential streets. Collector street shall have a minimum of one dry travel lane in each direction. 11. 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; 12. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; 13. 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. 14. 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. 15. 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. 16. 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. 17. 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: 18. Adequate protection from a 100 -year frequency storm 19. Feasible access during a 50 -year frequency storm. 52 000225 City Council Resolution RPD 98 -7, TT 5161 Page No. 53 20. Hydrology calculations shall be per current Ventura County Standards. 21. 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) 1. 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. 2. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 3. 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. 4. 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) 5. 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 53 000226 City Council Resolution RPD 98 -7, TT 5161 Page No. 54 (NOI) to the City Engineers office as proof of permit application. 6. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" 7. 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. 8. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countrywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 9. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. 10. All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo" 11. 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. 12. 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. 13. 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 54 000227 City Council Resolution RPD 98 -7, TT 5161 Page No. 55 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. 14. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 15. 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. Monitoring All plans will be reviewed and approved by the City Engineer prior to issuance of building permits for construction. Periodic inspections will be made during construction to insure compliance with required conditions and City standards. Street Improvements Mitigation STREET IMPROVEMENT REQUIREMENTS: 16. The Developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of the improvements. Street improvements shall not be accepted by the City for maintenance until completion, unless otherwise determined by the City Engineer. Parking and wall maintenance shall be carried out by the Homeowners' Association. "A" Street, "B", `N C" , D" , "E", and F" Drive 17. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision), or as modified per City Resolution. 55 000223 City Council Resolution RPD 98 -7, TT 5161 Page No. 56 18. The street improvements shall include concrete curb and gutter, parkways, street lights, and signing, striping, interim striping and traffic control, paving, and any necessary transitions, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The Developer shall dedicate any additional right -of -way necessary to make all of the required improvements. 19. Prior to the issuance of a Zoning Clearance for construction for each unit, the applicant shall pay a Citywide Traffic Mitigation Fee of $3,000 for each of the residential units, except for the Affordable units which shall be paid prior to Final Inspection. 20. The applicant shall make a special contribution to the City representing the Developers pro -rata share of the cost of improvements at the following intersection: Los Angeles Ave. /Moorpark Avenue (estimated cost of improvement $165,000) Los Angeles Ave. /Spring Road (estimated cost of improvement $150,000) Los Angeles Ave. /Tierra Rejada (estimated cost of improvement $100,000) Moorpark Ave. /Poindexter Avenue (estimated cost of improvement $120,000) 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 an estimate of the projected traffic numbers for calculation of the pro -rata share. Monitoring The City Engineer will review and approve all plans prior to issuance of building permits. Periodic inspections will be made at various stages during the building process to ensure that required conditions and requirements have been satisfied. 56 000229 City Council Resolution RPD 98 -7, TT 5161 Page No. 57 PASSED, APPROVED, AND ADOPTED THIS DAY OF , 1999 ATTEST: Deborah S. Traffenstedt City Clerk Patrick Hunter, Mayor 57 000200 Y MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: John E. Nowak, Assistant City Manager <qr,—AJ DATE: 04 December 1998 (Council Meeting of 12- 16 -98) SUBJECT: Consider Resolution No. 98- Approving a Request from Cabrillo Economic Development Corporation for Modifications to Street Design Standards for Tentative Tract Map No. 5161 and RPD No. 98 -07 (Gisler Field). BACKGROUND: In July 1998 the Moorpark Redevelopment Agency approved a Disposition and Development Agreement (DDA) with Cabrillo Economic Development Corporation (CEDC) for the construction of 59 single family residential units at the Gisler Field Site. The proposed plan contains some internal streets that do not meet the City's current design standards. DISCUSSION: At its July 8, 1998 meeting the Moorpark Redevelopment Agency approved a DDA with CEDC for a proposed residential project at the Gisler Field site. The plan for the project contains two internal loop streets and one cul -de -sac street. The design of the two loop streets does not meet the City's adopted design standards. CEDC is requesting the City approve a modification to the design standards to allow the full number of units proposed (59) to be constructed. The proposed street design was included in the preliminary plans presented to the Redevelopment Agency for review at its September 2, 1998 meeting. There are two modifications proposed. First, is to change the radius of the corners. Figure No. 1 shows the current radius requirement (dotted line) and the radius being ATTACHMENT G 000231 CEDC Street Modification Request Meeting of 16 December 1998 Page 02 proposed. The design has been approved by the Ventura County Fire Department in other cities, but will require no parking along the hashed -line areas. After the initial installation by the developer, the City will be required to maintain the red curbing and /or no stopping at any time signs and the center line stripe. Second, is to allow four foot (41) sidewalks instead of the standard five feet (51). This is being requested to minimize the impact on the front yards and driveway lengths required by Code. Figure 2 shows the proposed street cross section with the 4' sidewalk. Staff has reviewed the requests and would recommend that the City Council approve the following modifications to the City's street design criteria for the Gisler Field project: 1. That the street radius be modified to conform:to the design contained in Attachments 1 and 2 to this report with the required red curbing and /or signage at the radius. 2. That the sidewalks be permitted to be four feet (41) in width. It should be emphasized that this re( only to the Gisler Field project and no of the unique condition resulting from (25 %) of the residential units being housing units. The City would not precedent by this action. commendation applies other, on the basis twenty -five percent sold as affordable be establishing a STAFF RECOMMENDATION: That the City Council adopt Resolution No. 98- approving modifications to the street design standards for Tentative Tract Map No. 5161 and RPD No. 98 -07. Attached: Resolution No. 98- Attachment No. 1 - street radius Attachment No. 2 - street cross section 000232 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING MODIFIED STREET DESIGN STANDARDS FOR TENTATIVE TRACT MAP No. 5161 AND RPD No. 98 -07 (GISLER FIELD) WHEREAS, the Moorpark Redevelopment Agency approved a Disposition and Development Agreement (DDA) with Cabrillo Economic Development Corporation (CEDC) for the construction of fify -nine (59) single family residential units, fifteen (15) of which are to be affordable for low and very -low income households; and WHEREAS, to construct 59 homes as part of Tentative Tract Map. No. 5161 and RPD No. 98 -07, CEDC is requesting modifications to the "knuckles" of the two interior loop streets; and WHEREAS, CEDC is requesting a modification to the required sidewalk width from five feet (51) to four feet (41) to minimize impacts on front yard setbacks; and WHEREAS, CEDC's engineer has submitted a modified street design for the Gisler Field project; and WHEREAS, the City Engineer has reviewed the proposed modifications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City approves the modified street design attached hereto as Exhibit "A" and made a part hereof, for the radius of the two (2) internal streets of the Gisler Field project. The curbs of the radius area of all such modified streets shall be painted red and posted for no stopping at any time. SECTION 2. That the City approves the modified sidewalk width from five feet (5') to four feet (41) as shown in the street cross section attached hereto as 000233 t Resolution No. 98- Page 02 f y Exhibit "B "" and made a part hereof for the Gisler Field project. SECTION 3. That this street modification shall only apply to Tentative Tract Map. No. 5161 and RPD No. 98 -07. SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 16th day of December 1998. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 000234 Q w Q4 `off , OUTSIDE OF TRACK O' h O a a� P O INSIDE OF �� p0 w TRACK e' I2.50' CLEAR 1.40• CLEAR — E.C. 1, � B.C. CLEAR OUTSIDE OF TRACK 4 ' 22• 22 PROPOSED 4 18' 18' 4' P/L INSIDE OF TRACK AND CURB FACE (NO PARKING ZONE) EXHIBIT "A" 000235 R/W 22' 1.5' 4' 2% ' P.C.C. WALK SEE NOTE 1 18' 44' C/L P.M.B. 22' 18' A.C. NOTE 1: ADDITIONAL SIDEWALK EASEMENT (ASE) REQUIRED TO ALLOW WALKS TO BE MINIMUM OF 4 FEET WIDE AROUND OBSTRUCTIONS (HYDRANTS, STREET LIGHTS, MAIL BOXES, ETC.). SET BACK SLOPES 1.5 FEET FROM BACK OF WALK AT ALL LOCATIONS. NOTE 2: CURB PER CITY OF CAMARILLO STANDARD PLATE E -4.1. (REVISION C) TYPE A -3 6- ROLLED CURB. 1, 4' R/W -1 5' i Y `SEE NOTE 1 CURB b GUTTER (NOTE 2) j EXHIBIT "B" 000230 B -5 B DESIGN CRITERIA CUL -DE -SAC MINOR RIGHT OF WAY WIDTH, R(FT) 44 PAVEMENT WIDTH. W(FT) 36 CURB RETURN RADIUS(FT) 25 TRAFFIC INDEX < 20 LOTS SERVED 4.5 LOTS SERVED, MAX (CUL -DE -SAC, 50 LOT SIZE < 20,000 SF) LOTS SERVED, MAX (LOOP) 100 DESIGN SPEED (MPH) 25 CURVE RADIUS, MIN(FT) 250 GRADIENT, MIN /MAXW 1.0/12.0 STOPPING SIGHT DISTANCE(FT) 160 CUL -DE -SAC LENGTH MAX 800 (LOTS < 20,000 SF)(FT) LOOP LENGTH, MAX(FT) 1600 NOTE 1: ADDITIONAL SIDEWALK EASEMENT (ASE) REQUIRED TO ALLOW WALKS TO BE MINIMUM OF 4 FEET WIDE AROUND OBSTRUCTIONS (HYDRANTS, STREET LIGHTS, MAIL BOXES, ETC.). SET BACK SLOPES 1.5 FEET FROM BACK OF WALK AT ALL LOCATIONS. NOTE 2: CURB PER CITY OF CAMARILLO STANDARD PLATE E -4.1. (REVISION C) TYPE A -3 6- ROLLED CURB. 1, 4' R/W -1 5' i Y `SEE NOTE 1 CURB b GUTTER (NOTE 2) j EXHIBIT "B" 000230 > KAMSEYER AND ASSOCIATES, INC. Civil Engineers, Land Planners,1;,"$urveyors 1881 Knoll Dr. VENTURA, CALIFORNIA 93003 (805) 6541088 FAX (805) 6548013 sHEEr wo. � of CALCULATED BY DATE CHECKED Br DATE SCALE ZZ' 1 22' 1 1 PROPOSED 4' 18' 1 18' 4' PAL 00023'7 PROPOSED CURB ........... (PARKING ZONE) by 0'5 cd °o cc �- W N d] r 61 ° PNEa` OUTSIDE OF I Q TRACK O N Q INSIDE OF 0 � w TRACK �A oo Q ell 2.50' e I INSIDE OF TRACK CLEAR 1.40. AND CURB FACE CL E,4 I (NO PARKING ZONE) J E.C. _ B.C. CLEAR � OUTSIDE OF TRACK ZZ' 1 22' 1 1 PROPOSED 4' 18' 1 18' 4' PAL 00023'7 R/W 1.5' 4' ~�} BLIC ROAD STANDARD FOR NTATIVE TRACT NO. 5161 (PLATE B -5B MODIFIED) 44' R/W 5' AS C/L PSI 22' I 22' 18' 18' E. 1.5' SEE NOTE 1 B -5 B DESIGN CRITERIA CUL -DE -SAC MINOR RIGHT OF WAY WIDTH, R(FT) 44 PAVEMENT WIDTH. W(FT) 36 CURB RETURN RADIUS(FT) 25 TRAFFIC INDEX < 20 LOTS SERVED 4.5 LOTS SERVED, MAX (CUL -DE -SAC, 50 LOT SIZE < 20,000 SF) LOTS SERVED, MAX (LOOP) 100 DESIGN SPEED (MPH) 25 CURVE RADIUS, MIN(FT) 250 GRADIENT, MIN /MAXW 1.0/12.0 STOPPING SIGHT DISTANCE(FT) 160 CUL -DE -SAC LENGTH MAX 800 (LOTS < 20,000 SF)(FT) LOOP LENGTH, MAXIM 1600 NOTE 1: ADDITIONAL SIDEWALK EASEMENT (ASE) REQUIRED TO ALLOW WALKS TO BE MINIMUM OF 4 FEET WIDE AROUND OBSTRUCTIONS (HYDRANTS, STREET LIGHTS, MAIL BOXES, ETC.), SET BACK SLOPES 1.5 FEET FROM BACK OF WALK AT ALL LOCATIONS. NOTE 2: CURB PER CITY OF CAMARILLO STANDARD PLATE E -4.1. (REVISION C) TYPE A -3 6" ROLLED CURB. =E NOTE 1 t 1 ` •l FIGURE 2 MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: John E. Nowak, Assistant City Manager 4n---tJv DATE: 04 December 1998 (Council Meeting of 12- 16 -98) SUBJECT: Consider a Request from Cabrillo Economic Development Corporation for a Modification to the Fee Payments for Tentative Tract Map No. 5161 and RPD No. 98 -07 (Gisler Field). BACKGROUND, In July 1998 the Moorpark Redevelopment Agency approved a Disposition and Development Agreement (DDA) with Cabrillo Economic Development Corporation (CEDC) for the construction of 59 single family residential units at the Gisler Field site. The DDA allowed CEDC to request the City Council to approve modifications to the fees required to be paid for the project. DISCUSSION: A Disposition and Development Agreement with CEDC was approved by the Redevelopment Agency at its July 8, 1998 meeting. Section 04.12 of the DDA provides that CEDC pay the development fees required of residential developments. It allowed that the fees for the 15 affordable units be paid at the time a Certificate of Occupancy was to be issued for the unit, and that the fees for the remaining units be paid in full prior to the issuance of a building permit on the unit. Since these are City fees, the City Council is required to concur with the proposed payment timing included in the DDA. The same section of the DDA also allows CEDC to request a waiver or modification of the fees by applying to the City Council. ATTACHMENT H 000239 CEDC Fee Modification Request Meeting of 16 December 1998 Page 02 n CEDC has submitted a letter requesting the following modifications: 1. That the fees be payable in accordance with the schedule contained in the DDA (i.e., affordable units prior to issuance of a Certificate of Occupancy; and market rate units prior to issuance of a building permit); and 2. That the fees charged to be those in effect on the date the DDA was signed (July 8, 1998); and 3. That the Quimby fees be no higher than $3,000 per unit. 4. That the total fees per unit be capped at $20,000; and Each of these issues was discussed by the Redevelopment Agency Board during consideration of the DDA. The Agency Board at that time gave an indication of its support of the requests as follows: 1. The payment schedule was acceptable. 2. Fees in effect on the date the DDA was signed were to be the amounts charged. 3. The Quimby fees are capped at $3,000 for the 15 affordable units only. 4. There is to be no overall cap on City fees. The fiscal impact on the City from approving the positions discussed by the Agency Board would be minimal. As a project incorporating a higher percentage of affordable housing units than required it would be appropriate for the City Council to grant minor concessions on the development fees owed the City by setting the fees in the amount that existed as of July 8, 1998. STAFF RECOMMENDATION: That the City Council approve the fee modification requests submitted by Cabrillo Economic Development Corporation for Tentative Tract Map No. 5161 and RPD No. 98 -07 (Gisler Field) as follows: 000240 0 0 CEDC Fee Modification Request Meeting of 16 December 1998 Page 03 1. Development fees for the 15 affordable housing units are to be paid in full prior to the issuance of a Certificate of Occupancy. 2. Development fees for the market rate housing units are to be paid in full prior to the issuance of a building permit. 3. The development fees for the Gisler Field project shall be those in effect on July 8, 1998. 4. The Quimby fees for the 15 affordable housing units are to be capped at a $3,000 per unit. (ROLL CALL VOTE REQUIRED) Attached: Letter from CEDC Section 04.12 of the DDA 000241 BOARD OF DI PRESIDENT DAVID J. SABEDRA Channel Islands Nations! Bank ment Corporation AM f ==W= Cabrillo Economic DevE .jp 11011 Azahar Street, Saticoy, California 93004 (805) 659 -3791 Fax (805) 659 -3195 RECEIVED ..J RECTORS NOV 2 5 1998 VICE PRESIDENT MARLA SANDALL Comnv- ly RepresaMativa Slat Valley TREASURER KENNETH R.MERIDETH Soeres, Sardall, Bemacc i & Petrovich SECRETARY SISTER CARMEN RODRIGUEZ SL John's oc,and ►Y Outreach RENE CORADO community Representative Velasquez Camarillo RICHARD FRANCIS Attorney ERNIE MORALES Cartrnmity Representative Fdlmore JESSICA MURRAY Community Representative Montgomery Oaks Commuruty Homes. Inc., Ojai DEAN A. PALIUS People Helping People ADVISORY BOARD RON L HERTEL Hertel Constructors BARBARA JOURNET Comrtxndty Representative Oxnard BARBARA MACRI -ORTIZ Channel Coundes Legal Services Association RICHARD McNISH Strathmore Homes AL ZAPANTA Atlantic Richfield Y EXECUTIVE DIRECTOR RODNEY E.FERNANDEZ November 23, 1998 City of Moorpark Administrative Services Department John Nowak Assistant City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Re: Gisler Field Tentative Tract Map No.5161 Dear Mr. Nowak: This is to formally request the following consideration regarding fees for the Gisler Field project: that'all City fees be those in effect as of July 8, 1998, the date of the Agency signing the DDA; that the Quimby fees be no higher than $3,000 per home; and that the City fees for the units sold as affordable housing shall be paid to the City in full prior to the time of issuance of a Certificate of Occupancy. The CEDC originally proposed that all fees be capped at $20,000 per unit. The DDA specifies in Section 4.12, Page 19, that: (1) All City fees in effect at the time of execution of this Agreement on units to be sold at market value shall be paid to City in full prior to the time of issuance of a building permit on said unit. (2) All City fees in effect at the time of execution of this Agreement on units sold as affordable housing shall be paid to City in full prior to the time of issuance of a Certificate of Occupancy on said unit. Please contact me if you have any questions. Sincerely, Karen Flock Project Manager Via fax 529 -8270 I QN.- 000242 = Well 1; RR FROMM 11 iri 1:4 a IFIRT 110 Before commencement of construction or development or any buildings, structures or other work of improvement upon any portion of the Site, the Developer shall, at its own expense, secure or cause to be secured, any and all entitlements, waivers and permits which may be required by the City of Moorpark or any other governmental agency affected by such construction, development or work in accordance with the Schedule of Performance (Attachment No. 4). The Agency shall provide all proper assistance to the Developer to secure these permits. 04.12 CITY FEES Developer shall pay for each dwelling unit constructed on the Site, such fees in existence on the date on which permits are paid in accordance with the City's fee payment schedule and shall be payable as follows: (1) All City fees in effect at the time of execution of this Agreement on units to be sold at market value shall be paid to City in full prior to the time of issuance of a building permit on said unit. (2) All City fees in effect at the time of execution of this Agreement on units sold as affordable housing shall be paid to City in full prior to the time of issuance of a Certificate of Occupancy on said unit. Developer may request a waiver or modification of the fees due by application to the City Council. 04.13 OTHER COSTS Developers shall pay at its sole expense all costs associated with the surveying, preparation of maps and recordation of new parcel maps affecting the City property within Poindexter Park for use as the new public street required under the Scope of Development (Attachment No. 7) 04.14 RIGHTS OF ACCESS Representatives of the Agency and the City shall have reasonable right of access to the Site without charges or fees, at normal construction hours during the period of construction for the purposes of this Agreement, including, but not limited to, the inspection of the work Gisler Field DDA Page 19 of 37 p® ®243