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HomeMy WebLinkAboutAGENDA REPORT 2000 1018 CC REG ITEM 09BITEM 9•g• Cr Y OF M, O0RP P5,.'.( %TFORNIA City t uut�. �ucti.ng of /D -1 B -aoo0. ._. ACTION: APPROUE.A .STAFF' RF1.bMEJIlUA770N /NG(.UD1/V� MOORPARK CITY COUNCILAc7773Al oc RESO 2060 - 1783 AGENDA REPORT To: The Honorable City Council From: Deborah S. Traffenstedt, Acting Director of Community Development _D,�? 1 Prepared by Paul Porter, Principal Planne Date: October 4, 2000 (CC Meeting of 10/18/2000) Subject: Consider Vesting Tentative Tract Map No. 5204 to Create 37 Residential Lots, and Residential Planned Development Permit No. 99 -4 for 37 Residential Units on 4.8 Acres of Land on the South Side of Los Angeles Avenue in the Vicinity of Liberty Bell Road on the Application of Pacific Communities (Assessor's Parcel Nos. 506 -0- 050 -505) BACKGROUND On March 17, 1999 the City Council agreed to consider a General Plan Amendment for this property. Pursuant to a Development Agreement between the City and the Applicant executed on June 16, 1999, the developer agreed to address the affordable housing obligation on this subject site by providing fifteen (15 %) percent of the approved dwelling units to be sold to persons /families at the moderate - income level, should the City Council approve the General Plan Amendment for a residential land use designation of either Medium or High with accompanying Residential Planned Development Permit, zoning, and Tract Map. A separate public hearing has been scheduled for General Plan Amendment No. 99 -2 and Zone Change No. 99 -4 on October 18, 2000, to change the land use designation to VH (Very High Density 15 units per acre) and Open Space 2 (OS -2) and to change the zoning from Commercial Planned Development (CPD) to Residential Planned Development (RPD) 7.6 units per acre and Open Space (OS). This development proposal consisting of thirty seven (37) lots for development of single- family detached residential units is consistent with a previously approved residential project to the west, consisting of Vesting Tentative Tract No. 5053 and City Council Staff Report October 18, 2000 Page 2 Residential Planned Development Permit No. 96 -1 for 247 detached single - family residences on compact lots. The 247 -unit project to the west was approved by the City Council for the same applicant (Resolution No. 99 -1621) on June 16, 1999. DISCUSSION Project Description Summary A complete project description is contained in the attached Planning Commission staff report. Residential Planned Development 99 -4 is a request for approval to construct thirty seven (37) two -story single - family detached homes on compact lots consisting of six (6) plans ranging from 1,801 to 2,549 square feet of living area. These single - family homes will be of the same architectural design, floor plan and site placement as the applicant's recently approved project abutting this site to the west (RPD 96 -1). Vesting Tentative Tract Map No. 5204 is a subdivision of approximately 4.8 acres west of Liberty Bell Road into thirty seven (37) residential lots with lot sizes ranging from 3,002 to 6,007 square feet and an average lot size of approximately 3,400 square feet. By way of comparison, the typical lot size for the homes located to the west of the project is the same as proposed for this site. In addition to the 37 numbered lots, three lettered lots are proposed to be created for the private streets and the open space area adjacent to the Arroyo Simi. Planning Commission Hearing of September 25, 2000 On September 25, 2000, the Planning Commission recommended to the City Council approval of General Plan Amendment No. 99 -2 and Zone Change 99 -4 for a change in land use from commercial to residential uses consistent with the residential density proposed for this Residential Planned Development Permit and Vesting Tentative Tract Map. At a public hearing on September 25, 2000, the Planning Commission also recommended to the City Council approval of the Residential Planned Development Permit and Vesting Tentative Tract Map. The Planning Commission stated SACommunity DevetopmenAEveryo w0ty Council Agenda Reports1cc- 001018 rpd994 staff report.doc C v Li074 City Council Staff Report October 18, 2000 Page 3 that residential land uses on this site would produce less traffic than commercial uses. The Planning Commission also found that the High density residential land use would be consistent with the City's General Plan in that affordable housing for moderate - income households would be provided on this site and would assist in providing a variety of housing types and opportunities for all economic segments of the community. The draft conditions of approval included Commission resolution (Attachment 2) do not conditions included with the draft City (Attachment 1) . Conditions were added or issues identified in this report, to ensure Tract and RPD Permit conditions, and mitigation measures into the resolution. Access with the Planning directly match the Council resolution revised to resolve consistency between :o incorporate the Three access points will be provided to the Pacific Communities residential development south of Los Angeles Avenue. The first will be provided through this proposed project site from Liberty Bell Road via "P" Street (Arroyo Trails Avenue), which also provides access to other project phases to the west. Additional access to this project from the adjacent Tract No. 5053 will be from Los Angeles Avenue to Shasta and Goldman Avenues. The signalized access to Liberty Bell Road for Residential Planned Development Permit No. 96 -1 will serve to minimize peak hour congestion at the two access points on Los Angeles Avenue and to provide a second signalized left -turn pocket for westbound trips. Affordable Housing Pursuant to a Development Agreement between the City and the Applicant executed on June 16, 1999, the developer agreed to address the affordable housing obligation on this subject site by providing fifteen (15 %) percent, which equates to six (6) units of the approved dwelling units to be sold to persons /families at the moderate - income level should the City Council approve the General Plan Amendment for a residential land use designation of either Medium or High with accompanying SACommun#y Developm&Mveryone0y Cound Agenda Report*c -M018 rpd994 staff report.doc C�vO7J City Council Staff Report October 18, 2000 Page 4 Residential Planned Development Permit, zoning, and Tract Map. As a result, this development will help to satisfy a need for moderate - income housing units in the community through its proposal to include these units to be sold to families of moderate income. The applicant has been conditioned to provide an Affordable Housing Agreement to address this issue (reference Condition No. 3 for VTM -5204 and Condition No. 163 for RPD -99- 4) . Interface with Adjacent Commercial Properties A Mobil gas station /car wash is located at the southwest corner of Los Angeles Avenue and Liberty Bell Road, and north of this project site. After completion of the service station /car wash project, it was discovered that the six -foot wall along the southern perimeter of the site was actually constructed five feet north of the property line, due to an apparent surveyor error. As part of the conditioning for Vesting Tentative Tract Map No. 5204, staff has added a requirement that the applicant complete a lot line adjustment to correct the property line error. Pacific Communities would need to acquire the property, and the backyards for lots 8 to 14 would then be increased by five feet, or all lots could be shifted and the additional area added to the open space adjacent to the Arroyo Simi. Absent an agreement between the two property owners, staff would need to undertake condition compliance for the service station and require the property owner to move their six -foot high wall and add five feet of landscaping. The Pacific Communities project is required by Tract Condition No. 182 to construct an eight - foot high wall for noise attenuation purposes on the property line adjacent to the commercially zoned property. Two separate walls are not necessary. Staff will continue to work with both property owners to facilitate correcting the property line issue prior to final map approval for Tract 5204. General Plan Consistency The current General Plan designation of C -2 and Zoning designation of CPD on this property does not allow for residential uses. However, should the City Council approve General Plan Amendment No. 99 -2 changing the Land use S:ICommunity DevelopmenAEveryonelCity Council Agenda Reportslcc- 001018 rpd994 staff report.doc City Council Staff Report October 18, 2000 Page 5 designation to VH (Very High Density 15 units per acre) and Zone Change No. 99 -4 to RPD (Residential Planned Development), this project will be consistent with the Land Use Element of the General Plan. Therefore, it is recommended that action not be taken on the Vesting Tentative Tract Map and Residential Planned Development Permit until the Council makes a decision on General Plan Amendment No. 99 -2 and Zone Change No. 99 -4 (also scheduled for a public hearing on October 18, 2000). STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Consider the Mitigated Negative Declaration prepared for the requested Residential Planned Development Permit and Vesting Tentative Tract Map prior to making a decision on this project. 3. Adopt Resolution No. 2000- approving Vesting Tentative Tract Map No. 5204 and Residential Planned Development Permit No. 99 -4 after a decision has been made on General Plan Amendment 99 -2 and Zone Change 99 -4. Attachments: 1. Draft Resolution Approving Vesting Tentative Tract Map No. 5204 and Residential Planned Development Permit No. 99 -4. 2. Planning Commission Resolution 3. Planning Commission Staff Report for meeting of September 11, 2000 with attachments 4. Project Exhibits S:IC=wndy DevelopmentlEveWelCNy Council Agenda Reportslcc- 001018 rpd994 staff report.doc RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CONDITIONALLY APPROVING VESTING TENTATIVE TRACT MAP NO. 5204 TO CREATE 37 RESIDENTIAL LOTS, AND CONDITIONALLY APPROVING RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 99 -4 FOR 37 RESIDENTIAL UNITS ON 4.8 ACRES OF LAND ON THE SOUTH SIDE OF LOS ANGELES AVENUE IN THE VICINITY OF LIBERTY BELL ROAD ON THE APPLICATION OF PACIFIC COMMUNITIES (ASSESSOR'S PARCEL NO. 506 -0- 050 -505) WHEREAS, at a duly noticed Public Hearing on October 18, 2000, the City Council considered the application filed by Pacific Communities for approval of Vesting Tentative Tract Map No. 5204 to subdivide an existing 4.8 acre parcel into 37 residential lots, and Residential Planned Development Permit No. 99 -4 for approval of a Residential Planned Development consisting of 37 residential dwelling units; and WHEREAS, at its meeting of October 18, 2000, the City Council opened the Public Hearing, took testimony from all those wishing to testify, and closed the Public Hearing; and WHEREAS, the City Council, after review and consideration of the information contained in the staff report for the City Council meeting, and testimony, has made a decision in this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby adopts the following findings: C.E.Q.A. Findings 1. That the Mitigated Negative Declaration and 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 and Initial Study have been considered in the various decisions on the project. 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 1 Resolution No. 2000 - Residential Planned Development Permit No. 99 -4 Vesting Tentative Tract Map No. 5204 Page 2 4. A Mitigation Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding this project. Subdivision Map Act Findings: Based on the information set forth above, it is determined that the Vesting Tentative Tract Map, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: 1. The proposed map is consistent with the applicable General Plan. 2. That the design and improvements of the proposed subdivision are consistent with the General Plan. 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 will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 8. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. \ \MOR_PRI_SERV \City Share \Community Development \Everyone \City Council Agenda Reports \cc -0010 cc.res rpd 99 -4 & tt 5204.doc C \.%100 Resolution No. 2000 - Residential Planned Development Permit No. 99 -4 Vesting Tentative Tract Map No. 5204 Page 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 hereby finds that the aforementioned project as conditioned, will be consistent with the City's General Plan prior to recordation of the Final Map. SECTION 3. The City Council adopts the Mitigated Negative Declaration and Initial Study, and Mitigation Monitoring Program and determines 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), CEQA Guidelines, and City policy. SECTION 4. That the City Council conditionally approves Vesting Tentative Tract Map No. 5204 for 37 residential lots, and Residential Planned Development Permit No. 99 -4 for 37 dwelling units on the application of Pacific Communities, subject to compliance with all of the attached Conditions of Approval. \ \MOR_PRI_SERV \City Share \Community Development \Everyone \City Council Agenda Reports \cc -0010 cc.res rpd 99 -4 & tt 5204.doc C'�u lk () L�0 Resolution No. 2000 - Residential Planned Development Permit No. 99 -4 Vesting Tentative Tract Map No. 5204 Page 4 SECTION 5. 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 day of Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 2000 Exhibit A: Conditions of Approval and Mitigation Monitoring Program \ \MOR_PRI_SERV \City Share \Community Development \Everyone \City Council Agenda Reports \cc -0010 cc.res rpd 99 -4 & tt 5204.doc \ - -_1 "� � CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5204 (Pacific Communities) S:ICommunity DevelopmentlEveryonelCity Council Agenda ReporWcc- 001018 PacComm VTT & RPD cond8ions.doc 9/5/2000 2:27:51 PM EXHIBIT . k „,"C City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 2 CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5204 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS: 1) Application of City Ordinances /Policies - The conditions of approval of this Vesting Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 2) Acceptance of Conditions - 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. 3) Requirement for Affordable Housing Agreement - Approval of the Residential Planned Development Permit and Vesting Tentative Tract Map is conditioned upon execution of an Affordable Housing Agreement between the City of Moorpark and the applicant or developer. Compliance with the terms and conditions of this Agreement shall address affordable housing provisions. The Agreement is subject to the approval of the City Council, and if compliance of the Agreement is not achieved, the City Council may initiate a Reversion to Acreage or other procedure, and nullify the Residential Planned Development Permit and Vesting Tentative Map approval. The affordable housing obligation shall be six (6) units based on the requirement for fifteen (15 %) of the approved thirty -seven (37) dwelling units to be sold to persons /families at the moderate - income level. The size of the six (6) affordable dwelling units shall be no less than seventy -five percent (75 %) of the average size of the other dwelling units approved by the City for Residential Planned Development Permit No. 96 -1. The initial sale of the referenced six (6) dwelling units shall be subject to the applicable provisions of the Affordable Housing Implementation and Resale Restriction Plan referenced in Section 6.10 of the Development Agreement by and between the City of Moorpark and MP Group, LLC relating S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc G�kiO83 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 3 to Corte Bello (RPD 96 -1). The initial sales price, location of the units, buyer eligibility, resale restrictions, respective role of the City and the Developer, and any other item determined necessary by the City shall be set forth in the Affordable Housing and Implementation and Resale Restriction Plan, which shall be approved by the City Council prior to recordation of the first final Tract Map for this project. The Developer and City shall, prior to occupancy the first residential unit for the Project, execute an Affordable Housing Agreement that incorporates the Plan in total and is consistent with this condition. The Developer shall pay to the City the amount of five thousand dollars ($5,000) for the City's cost to prepare the affordable housing plan and agreement required pursuant to this condition. 4) Expiration of Map - This Vesting Tentative Tract Map shall expire three (3) years from the date of its approval. The Director of Community Development may, at his discretion, grant up to two (2) additional 1 -year extensions for map recordation, if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the map. 5) Provision for Image Conversion into Optical Format - Prior to recordation, the builder shall provide to the City, the Subdivider shall provide to the City an image conversion of the Final Map and other plans as determined by the Department of Community Development) into an optical format acceptable to the City Clerk. 6) Hold Harmless - 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 S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc c ;; v 084 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 4 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: a) The City bears its own attorney fees and costs; b) 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. 7) Title Report - 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. 8) Calleguas Release - 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. 9) Unconditional Availability Letter - 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. If S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc vlrn�J City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 5 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. 10) Archaeological or Historical Finds - 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. 11) Cross Connection Control Devices - 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. 12) Surety for Utilities - Prior to approval of a final map, the subdivider shall post sufficient surety to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. Prior to the issuance of an occupancy permit for the last house in the tract, all existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage roads of the site. All utility lines, either existing or proposed that must connect across Los Angeles Avenue to provide service to S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc CC01 () 8G City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 6 this site, shall be placed underground via an underground conduit. 13) Computer Aided Mapping System - 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." 14) Crossing Guard - Prior to approval of the Final Map, the applicant shall pay an amount to cover the costs associated with a crossing guard for five (5) years, at the then current rate when paid, plus the pro -rata cost of direct supervision for one (1) crossing guard location and staff's administrative costs (calculated at fifteen percent (15 %) of the above costs). 15) Fees In -Lieu of Park Dedication - 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). 16) CC &R Requirement - Covenants, Conditions, and Restrictions (CC &R's) establishing a Homeowners' Association for Tract 5053 and Tract 5204 (the Homeowners' Association and CC &R's shall be the same for both Tracts) shall be prepared and shall identify the maintenance responsibilities of the Homeowners' Association including, but not limited to, the following: 17) The CC &R's shall address the maintenance of all streets and common - shared driveways, all storm drains and channels, the landscaped entry areas, any slope directly affecting drainage or street facilities, streetlights on all private streets, and any dams (collectively "Maintenance Areas ") owned by the Homeowners' Association. Should the Homeowner's Association fail to maintain the Maintenance Areas, or any portion thereof, in a satisfactory manner, the Maintenance Areas, or portion thereof, shall be annexed, at the City's option, to a City Assessment District. The total cost of the maintenance provided by the Assessment District shall be borne by the lot owners within S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc (; f-11 C. 0 8 1 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 7 the tract. Prior to approval of the Final Map, an easement covering the Maintenance Areas shall be irrevocably offered to the City for maintenance purposes. a) The CC &R's shall state that the gated access to the flood control channel shall be locked at all times to prevent permanent access, unless otherwise authorized by the City in writing. b) 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. c) 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. d) 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. e) 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. f) The CC &R's shall include a requirement that ultra -low water consumption plumbing fixtures shall be installed consistent with City Ordinance. The CC &R's shall also include a requirement for the following energy saving devices: i) Stoves, ovens, and ranges, when gas fueled, shall not have continuous burning pilot lights. S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc C�(,' () 88 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 8 ii) All thermostats connected to the main space heating source shall have night setback features. iii) Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. g) A fencing, perimeter, and privacy barrier wall plan (complete with related landscaping details) identifying the materials to be used, 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. h) 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. i) The CC &R's shall include language prohibiting use of wood or asphalt shingles as roofing materials for residential structures. j) Single and multi - family units shall comply with all pertinent Title 24 and Uniform Building Code conditions, regarding handicapped access and facilities. k) 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. 1) 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. 18) Outstanding Case Processing Fees - The applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to issuance of a S: \Community Development \Everyone \City Council Agenda Reports \cc -001018 PacComm VTT & RPD conditions.doc v%J08 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 9 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. 19) Assessment District - Developer agrees to cast affirmative ballots for the formation of an assessment district and levying of assessments, for the maintenance of parkway landscaping, street lighting, and if requested by the City Council, parks for the provision of special benefits conferred by same, upon properties within the Project. Developer further agrees to obligate the property owners association to provide for maintenance of parkway landscaping and street lighting in the event the aforementioned assessment district is dissolved or altered in any way by a ballot election of property owners, or if the assessment district is invalidated by court action. 20) Citywide Traffic Mitigation Fee - Prior to approval of the Final Map, the subdivider shall pay City a traffic mitigation fee for each residential lot as described herein ( "Citywide Traffic Fee ") . The Citywide Traffic Fee may be expended by the City in its sole and unfettered discretion. On the effective date of the Development Agreement, the amount of the Citywide Traffic Fee shall be $3,000 per lot. Commencing January 1, 2001, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record and that is available on December 31 of the preceding year ( "annual indexing ") . In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount, until such time as the next subsequent annual indexing, which results in an increase. 21) Prior to final map approval, the applicant shall have recorded a Lot Line Adjustment between the commercial property to the north (CPD Permit No. 97 -1) and the applicant's property to move the property line boundary approximately five (5) feet to the south. The corrected lot lines shall be reflected on the final map. S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 10 AIR POLLUTION CONTROL DISTRICT CONDITIONS: 22) All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (ie. greater than 20 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. 23) 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. 24) All unpaved, on -site roads shall be periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 25) The area disturbed by clearing, grading, earth moving, or excavation operations, shall be minimized, to prevent excessive amounts of fugitive dust. 26) All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 27) On -site vehicle speeds shall not exceed 15 miles per hour. 28) Equipment engines shall be maintained in good condition and in proper tune, as per manufacturer's specifications. COUNTY OF VENTURA ENVIRONMENTAL HEALTH DIVISION CONDITIONS: 29) Environmental Health Records indicate that the proposed development may be on, or a part of the formal disposal site identified as "S.K. Egg City," SWISS #56 -CR -0040. In accordance with Title 27, Section, 211900 California Code of Regulations, all proposed post- closure land uses, other than non - irrigated open space, shall be submitted for review to the LEA, Regional Water Quality Control Board, Local Air District, and the Local Land Use Agency. Further, no remedial action, construction of structures within 1,000 feet of the solid waste disposal site, or removal of solid waste are to be conducted at this site, until the proposed post- closure land use is approved by the LEA. Contact Barry S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc C v 11091 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 11 Marczuk at (805) 654 -2859 to discuss the project and specific State of California post- closure requirements. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS (VCFCD): 30) All connections to the Arroyo Simi shall be subject to review, approval and permitting by the VCFCD. The development shall limit the discharge to the Arroyo Simi to a 10 -year flow rate. There shall be no discharge from the development, to the Shasta Drain. Deed restrictions shall be placed on the property to ensure maintenance of storm drainage facilities, discharging to the Arroyo Simi. 31) The development shall be undertaken in accordance with the conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, National Pollutant Discharge Elimination System (NPDES) Permit No. CAS063339. Any existing or proposed drain connections to VCFCD jurisdictional facilities will require application of appropriate Best Management Practices (BMPs), such as; filters, landscape areas for filtration, and /or basins installed to treat stormwater runoff, prior to its discharge to the storm drain system. The project construction plans shall incorporate the BMPs applicable to the development for the review and approval of VCFCD. 32) The proposed flood control right -of -way shall be dedicated in fee to the VCFCD. 33) Drainage shall be installed along the proposed right -of -way to collect and direct flow to a single discharge point. 34) A Hydrology and Hydraulic Report is required, to analyze the impact of the development on the capacity of the Arroyo Simi. A Channel Stability Study should also be included in the report. Channel improvements may be required to improve the Arroyo's existing condition and to mitigate the impact of the development. a) An Encroachment Permit is required for any improvement in the District's right -of -way. The project is subject to the requirements and the mitigation measures of the Countywide Stormwater Quality Management Program. All necessary facilities to treat the entire first S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc C. Cl 0 0 2 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 12 flush, stormwater pollutant load from the site, must be provided prior to discharge to VCFCD channel. CITY ENGINEER CONDITIONS: PRIOR TO FINAL MAP APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 35) Grading - The Subdivider /Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a Registered Civil Engineer. The Subdivider /Developer shall enter into an agreement with the City of Moorpark to complete the improvements and shall post sufficient surety, guaranteeing completion of all improvements. 36) 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 thirty (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. 37) Requests for rough grading permits will be granted in accordance with RPD 99 -4 and the approved Tentative Map No. 5204, as required by these conditions and local ordinance. 38) The Vesting Tentative Map calls for the grading of 5,980 cubic yards of cut, 3,970 cubic yards of fill, and 2,010 cubic yards of export. All export shall go to Tract 5053. 39) The Subdivider /Developer shall indicate in writing to the City, the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991, and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform with Reuse Permit Procedures administered by the County Water Resources Development Department. S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc C`10'0 9 3 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 13 40) Temporary irrigation, hydroseeding or equal measures acceptable to the City Engineer for erosion and dust control shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains, or is anticipated to remain unfinished or undisturbed in its altered condition, for a period of time greater than thirty (30) days or the beginning of the rainy season, whichever comes first. 41) All development areas and lots shall be designed and graded so that surface drainage is directed to street frontages, or natural or improved drainage courses, as approved by the City Engineer. 42) Geotechnical /Geology Review - The Subdivider /Developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering Report certified by a California Registered Civil Engineer. The Geotechnical Engineering Report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Subdivider /Developer shall also provide a report which discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the Geotechnical Engineering Report(s), by the City's Geotechnical Engineer, shall be required. The Subdivider shall reimburse the City for all costs including the City's administrative fee for this review. 43) 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 Soil 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 soil report(s). S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc CC" G"GJ4 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 14 44) Storm Water Runoff and Flood Control Planning - 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. 45) The plans shall depict all on -site and off -site drainage structures required by the City. 46) The drainage plans and calculations shall demonstrate that the following conditions will be satisfied before and after development: a) Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b) All storm drains shall carry a 50 -year frequency storm; c) All catch basins shall carry a 50 -year storm; d) All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e) All culverts shall carry a 100 -year frequency storm; f) Drainage facilities shall be provided such that surface flows are intercepted and contained in an underground storm drain prior to entering collector or secondary roadways; g) Under a 50 -year frequency storm, local, residential and private streets shall have one (1) dry travel lane available on interior residential streets. Collector streets shall have a minimum of one (1) dry travel lane in each direction. S: \Community Development \ Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 15 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. 47) 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. 48) 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. 49) 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. 50) The Subdivider /Developer shall demonstrate for each building pad within the Tentative Map area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a) Adequate protection from a 100 -year frequency storm; and b) Feasible access during a 50 -year frequency storm. S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc " i;, 96 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 16 c) Hydrology calculations shall be per current Ventura County Standards. d) The Subdivider shall verify that all lots are located outside of the proposed floodway boundaries for the Arroyo -Simi. 51) National Pollutant Discharge Elimination System ( NPDES) - Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Stormwater Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. 52) Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 53) The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. 54) All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo." 55) 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. 56) Parking and associated drive areas with five (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. 57) 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 S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 17 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 for the City's administrative costs. 58) All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 59) The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities (if applicable) must also be acceptable to the Ventura County Flood Control District. 60) The following requirements shall be included in the CC &R's: a) All property areas shall be maintained free of litter /debris. b) All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. c) Private roads and parking lots /drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - throughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc v�%j!Z9s City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 18 If any cleaning agent or degreaser is used, washwater shall not discharge to the storm drains. Washwater should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d) All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e) Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. 61) 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. 62) The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 63) 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. 64) Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." 65) 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 S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc C '099 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 19 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) 66) 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 (5) or more acres." The developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. 67) 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. 68) Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 69) Street Improvement Requirements - The Subdivider /Developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements; and shall post sufficient surety guaranteeing the construction of all improvements. Public and private streets shall conform to the Ventura County Road Standards (most recent version), unless other requirements are specified in these conditions. 70) The street right -of -way improvements shall include concrete curb and gutter, parkways, new street lights, and signing, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The developer shall S: \Community Development \Everyone \City Council Agenda Report s \cc - 001018 PacComm VTT & RPD conditions.doc ��IGO City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 20 dedicate any additional right -of -way necessary to make all of the required improvements. 71) Liberty Bell Road - The Developer shall improve Liberty Bell Road along the property frontage. Liberty Bell Road shall be designed per Ventura County standard plate B -4A. The half street right -of -way width shall be thirty (30) feet. The half street pavement width shall be twenty (20) feet. The parkway dimension shall be six (6) feet wide adjacent to the curb with a 5 -foot wide sidewalk. All transitions to the commercial property to the north are to be approved by the City Engineer. 72) The Developer shall design a turning area at the south -end of Liberty Bell Road, which will provide minimum turning radius, equal or greater than, the dimensions shown on Ventura County Standard Plate C -2. The design shall provide for access to both the City property and the Ventura County Flood Control Property. No reduction in the City -owned parking area shall be allowed. Access to Ventura County Property shall be restricted by a locked gate, meeting Ventura County Flood Control Standards and approval. 73) Prior to approval of the Final Map, the subdivider shall demonstrate to the satisfaction of the City Engineer, that there is reciprocal access between Tentative Tract 5053 and Tract 5204. 74) The Developer shall repair all damage caused by their project and shall slurry seal the full width of Liberty Bell Road, after all lots have been constructed and after all street repairs have been completed, as required by and to the satisfaction of the City Engineer. It shall be the Developer's responsibility to: (1) record and document all existing damage to the street; and (2) submit this documentation to the City Engineer's office, prior to construction. 75) Trailway Court (private street) shall be designed per Ventura County Standard Plate B -5B, with the following exceptions: (a) The total right -of -way width shall be 46 feet; (b) the pavement width shall be 36 feet; (c) the sidewalk shall be five (5) feet wide and located adjacent S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc 1,�v101 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 21 to the curb; (d) the offset cul -de -sac shall be designed to meet the minimum dimensions of the Ventura County Standard Plate C -2 or C -3; and (e) the 90° turn shall be designed per Plate C -4. 76) Arroyo Trails Avenue shall be designed per Ventura County Standard Plate B -5B, with the following exceptions: (a) The total right -of -way width shall be 46 feet. The pavement width shall be 36 feet; and (b) the sidewalk shall be five (5) feet wide and located adjacent to the curb. The Developer shall record an irrevocable offer of dedication for Arroyo Trails Avenue connecting to Liberty Bell Road. 77) The subdivider shall dedicate vehicular access rights to the City of Moorpark along Liberty Bell Road. 78) The Developer shall record a covenant, running with the land, acknowledging that the interior private street right - of -way is not per City standard. As such, the street right - of -way will not be offered to the City until the right -of- way is brought into compliance with City standards. Streetlights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. Streetlights shall have cut -off lenses. 79) The Subdivider /Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. The Homeowners' Association shall be responsible for maintaining streetlights on all private streets. 80) The final design and locations of all barrier walls, streetscape elements and urban landscaping, are subject to the approval of the Director of Community Development. 81) In accordance with Business and Professions Code 8771, the street improvement plans shall, provide for a surveyor's 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. 82) Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc C, 0 10 2 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 22 83) The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. 84) The Developer shall post sufficient surety, guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other off -site improvements required by the conditions as described herein. 85) The Developer shall demonstrate legal access to all lots to the satisfaction of the City Engineer. 86) The Developer shall pay the Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the developer will not have to pay the AOC fee. 87) Any special street intersection treatments shall be approved by the City Engineer and the Director of Community Development. 88) The Applicant shall make a special contribution to the City, representing the developers pro -rata share of the cost of improvements at the following intersections: a) Los Angeles Avenue /Gabbert Road ($90,000); and b) Los Angeles Avenue /Moorpark Avenue ($150,000). The actual contribution (pro -rata share shall be based upon the additional traffic added to the intersection. The developer's Traffic Engineer shall provide the City Engineer a "Fair Share Analysis" of the projects "added traffic" for calculation of the pro -rata ( "fair share ") amount. S: \Community Development \Everyone \City Council Agenda Report s \cc - 001018 PacComm VTT & RPD conditions.doc 0 1 1 `ii 3 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 23 89) Utilities, facilities and services for Tract 5204 will be extended and /or constructed in conjunction with its phased development by the developer as the project proceeds. 90) The developer will be responsible for the construction of all onsite and offsite sanitary sewer facilities to serve the project. The developer shall enter into an agreement with Ventura County Waterworks (V.C.W.W.) District No. 1 to construct the improvements and the system will be dedicated to V.C.W.W. District No. 1 for maintenance. 91) Prior to recordation of a final map, the City, Calleguas Municipal Waterworks District and V.C.W.W. District No. 1 shall approve final plans for water distribution. Either the subdivider shall construct the required distribution facilities or enter into an agreement with the Calleguas Municipal Water District and /or Ventura County Waterworks District No. 1 stating when and how facilities will be funded and constructed. The system will be designed and constructed to meet the requirements of the proposed land uses and applicable City, Calleguas and V.C.W.W. District No. 1 standards. 92) Other Utilities: Provisions for electrical, natural gas, telephone, solid waste collection services, and cable television, shall be made prior to development of the project area. All services can be extended by each respective company to meet future demands of the tract. Natural gas service will be provided by Southern California Gas. Electric service will be provided by Southern California Edison. Telephone service will be provided by Pacific Bell. Solid waste collection will be provided by private companies as regulated by the City. These services will be provided consistent with development of the project area. 93) All existing and proposed utilities shall be placed underground as approved by the City Engineer. 94) Acquisition of Easements and right -of -way. If any of the improvements which the Developer is required to construct or install, are to be constructed or installed upon land in which the Developer does not have title or interest S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc 0,104 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 24 sufficient for such purposes, the Developer shall do all of the following at least sixty (60) days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457: a) Notify the City of Moorpark (hereinafter referred to as "City ") in writing, that the Developer wishes the City to acquire an interest in the land, which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b) Upon written direction of the City, supply the City with: (i) a legal description of the interest to be acquired; (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure; (iii) a current appraisal report prepared by an appraiser, approved by the City, which expresses an opinion as to the fair market value of the interest to be acquired; and (iv) a current Litigation Guarantee Report. c) Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the Developer will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 95) The Developer shall offer to dedicate to the City of Moorpark, public service easements as required by the City. Where gated access is provided, the applicant shall provide a means for immediate access of fire and police emergency vehicles. 96) The applicant shall make an irrevocable offer of dedication of all easements over all private streets shown on the Vesting Tentative Map for the purpose of providing access to: a) all governmental agencies that provide public safety, health and welfare services or that enforce laws and ordinances; and, b) all members of the public who reasonably need to be vacated over the private streets because of a "state of emergency' declared by a S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc 41 10 5 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 25 representative of the City or of the Ventura County Fire Protection District. 97) Prior to submittal of the Final Map to the City, for review and prior to approval, the Developer shall transmit by certified mail, a copy of the conditionally approved Tentative Map, together with a copy of Section 66436 of the State Subdivision Map Act, to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. 98) Prior to the issuance of a grading permit, all conditions required to be completed prior to Final Map Approval shall be complied with. 99) All structures and walls require Community Development Department approval. 100) During grading, the following conditions shall apply: a) Grading may occur during the rainy season from October 15 to April 15, subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. b) 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. 101) During clearing, grading, earth moving, or excavation operations, dust emissions should be controlled by regular watering with reclaimed water, if available, paving construction roads and other dust prevention measures. The Developer shall submit a Dust Control Plan, acceptable to the City, concurrently with submittal of the rough (as opposed to the fine) Grading Plan. This plan shall include, but is not be limited to, the following measures: a) Water all site access roads and material excavated or graded, on or off -site, to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc C' UA0G City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 26 watering for dust control shall occur as directed by the City. The Dust Control Plan shall indicate the number of water trucks which will be available for dust control at each phase of grading. b) Cease all clearing, grading, earth moving, or excavation operations, during periods of high winds (greater than 15 m.p.h. averaged over one (1) hour). The contractor shall maintain contact with the Air Pollution Control District (APCD) Meteorologist for current information about average wind speeds. c) Water or securely cover all material transported off - site and on -site to prevent excessive amounts of dust. d) Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation, so as to prevent excessive amounts of dust. e) Keep all grading and construction equipment on or near the site, until these activities are completed. f) Face masks shall be used by all employees involved in grading or excavation operations, during dry periods, to reduce inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. g) The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. h) Wash off heavy -duty construction vehicles before they leave the site. i) After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: 1) 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. S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc v l�'1®,( City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 27 2) Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 3)A11 diesel engines used in construction equipment should use high pressure injectors and reformulated diesel fuel. 102) 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. 103) 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. 104) Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid residential areas and requiring that "Exhaust Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and be approved by the City Engineer. 105) The Subdivider /Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 106) Equipment not in use for more than ten (10) minutes should be turned off. 107) 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, S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc � 0108 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 28 and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 108) The Subdivider /Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 109) Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers' specifications. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 110) Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 111) The Subdivider /Developer shall file for a time extension with the City Engineer's office, at least six (6) weeks in advance of expiration of the agreement, to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 112) All surety guaranteeing the public improvements shall remain in place for one (1) year following acceptance by the City. Any surety that is in effect three (3) years after final map approval or issuance of the first building permit shall be increased an amount, equal to or greater than, he Consumers Price Index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like- manner each year thereafter. 113) Original "as built" plans will be certified by the Developer's Civil Engineer and submitted with two (2) sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction, on sheets larger than 22" X 3611, they must be resubmitted as "as built" in a series of 22" X 36" mylars (made with proper overlaps) and with a title block on each S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc C�0109 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 29 sheet. Submission of "as built" plans are required before a final inspection will be scheduled. FIRE DEPARTMENT CONDITIONS: 114) Private Driveways, serving up to two (2) structures, shall be constructed 15 feet wide and able to support a 20 -ton Fire District vehicle. A width of 20 feet shall be provided on an access road, serving three (3) or more structures. 115) 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. 116) The access roadway(s) shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed, as required and acceptable to the Fire District. 117) Access roads shall not exceed 15% grade. 118) Approved turnaround areas provided where the access from the main thoroughfare. for fire apparatus shall be road is 150 feet, or farther, 119) When only one access point is provided, the maximum length of such access shall not exceed 800 feet. 120) Two (2) points of ingress /egress shall be provided to the development, in accordance with Fire District Private Road Guidelines. 121) The access road(s) /driveway(s) shall be certified by a registered Civil Engineer as having an all - weather surface. in conformance with Public Works standards. This certification shall be submitted to the Fire District for review and approval, prior to combustible construction. 122) Gates for Controlled Access - Gates used to control vehicular access shall be designed, as required by the Fire Department Gate Guidelines. Design criteria includes: stacking method of gate control; clear widths; and, knox box systems for secured gates. Gate plan details shall be submitted to the Fire Prevention Division for review and approval, prior to map recordation. S: \Community Development \ Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 30 123) Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center; 165 Durley Avenue; Camarillo, CA. for review and approval. 124) All driveways shall have a minimum vertical clearance of 13 feet 6 inches. 125) 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. 126) Prior to construction, the applicant shall submit plans to the Fire District for approval, of the location of the hydrants. On these plans, show existing hydrants within 500 feet of the development. 127) 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. 128) Each hydrant shall be a 6 -inch wet barrel design and shall have one (1) 4 -inch and one (1) 2 1/2" inch outlet(s). 129) The required fire flow shall be achieved at, no- less -than 20 psi residual pressure. 130) 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. 131) Fire hydrants shall be set back in, from the curb face, 24 inches on center. 132) 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. 133) Address numbers, a minimum of four (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 /are not visible from the street, the S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc C. v, .iI- I- City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 31 address numbers) shall be posted adjacent to the driveway entrance. Brass and /or gold letters shall not be used. 134) 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. 135) Any structure greater than 5,000 square feet in area and /or five (5) miles from a fire station, shall be provided with an automatic fire sprinkler system in accordance with Ventura County Fire Protection Ordinance. 136) Grass and Brush Removal - 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. 137) Spark Arrestor - An approved spark arrestor shall be installed on the chimney of any structure(s). 138) VCFD Form No. 126 - 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: 139) 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. S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm MITT & RPD conditions.doc ! r 1 IQ 2 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 32 CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO . 99-4 (Pacific Communities) S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc 00'113 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 33 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS: APPROVAL OF RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 99 -4 SUBJECT TO COMPLIANCE WITH THE FOLLOWING CONDITIONS: GENERAL REQUIREMENTS: 140) Permitted Uses - 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. 141) Use Inauguration - Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than three (3) years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to two (2) 1 -year extensions for project inauguration, if there have been no changes in the adjacent areas, if applicant can document that he has diligently worked towards inauguration of the project during the initial 2 -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 thirty (30) days, prior to the expiration date of the permit. 142) Modification to Permit - 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. 143) Other Regulations - Except as provided for within these conditions, the design, maintenance, and operation of the permit area and facilities thereon, shall comply with all S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc c/�. ! ? iii UeIAt.4 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 34 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. 144) Graffiti Removal - 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. 145) Access Rights - 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. 146) Phasing - 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. 147) Effect of Conditions - 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. 148) Severability - 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. 149) Permittee Defense Costs - 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 S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 35 discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. 150) Acceptance of Conditions - 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. 151) Surety for Utilities - Prior to approval of a final map, the subdivider shall post sufficient surety to assure that all proposed utility lines, within and immediately adjacent to the project site, shall be placed underground to the nearest off -site utility pole. Prior to the issuance of an occupancy permit for the last house in the tract, all existing utilities shall also be underground to the nearest off -site utility pole, with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage roads of the site. All utility lines that must connect across Los Angeles Avenue shall be placed underground via an underground conduit. 152) Rain Gutters and Downspouts - Rain gutters and downspouts 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 driveways in non - corrosive devices as determined by the City Engineer. 153) Roof Mounted Equipment - No roof mounted equipment (other than required vents) shall be permitted. Exceptions to this limitation must be approved by the Director of Community Development. 154) Exterior Lighting - 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. 155) Energy Saving Devices - 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); S: \Community Development \Everyone \City Council Agenda Report s \cc - 001018 PacComm VTT & RPD conditions.doc City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 36 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 setback 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. 156) Sound Attenuation - Prior to issuance of a Zoning Clearance for construction, the Noise Study prepared by RKJK & Associates shall be updated. All residential units fronting along the commercial property on the north (Lot Nos. 8 -14) shall have sound attenuating glass on all second story windows facing the commercial property. In addition, other noise attenuation including, but not limited to a mechanical ventilation system to permit "windows closed" condition" as specified in the Noise Study prepared by RKJK & Associates shall be incorporated into the design of the residential units. 157) Maintenance of Permit Area - 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. 158) Archaeological or Historical Finds - 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 S: \Community Development \Everyone \City Council Agenda Report s \cc - 001018 PacComm VTT & RPD conditions.doc City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 37 shall be liable for the costs associated with the professional investigation. 159) Prior to issuance of a grading permit, 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 application shall state the number of cubic yards and location of the borrow site. The City shall approve the haul routes. 160) Assessment District - Developer agrees to cast affirmative ballots for the formation of an assessment district and levying of assessments, for the maintenance of parkway landscaping, street lighting, and if requested by the City Council, parks for the provision of special benefits conferred by same, upon properties within the Project. Developer further agrees to obligate the property owners association to provide for maintenance of parkway landscaping and street lighting in the event the aforementioned assessment district is dissolved or altered in any way by a ballot election of property owners, or if the assessment district is invalidated by court action. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 161) Citywide Traffic Mitigation Fee - As a condition of the issuance of a building permit for each residential unit, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by the City in its sole and unfettered discretion. On the effective date of the Development Agreement, the amount of the Citywide Traffic Fee shall be $3,000 per dwelling unit. Commencing January 1, 2001, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record and that is available on December 31 of the preceding year ( "annual indexing ") . In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc �1 J - � City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 38 amount, until such time as the next subsequent annual indexing, which results in an increase. 162) As a condition of issuance of building permit for each dwelling unit within the boundaries of the Property, Developer shall pay City a development fee as described herein (the "Development Fee "). The Development Fee may be expended by City in its sole and unfettered discretion. On the Operation date of this permit, the amount of the Development Fee shall be two thousand six hundred fifty ($2,650). The fee shall be adjusted annually (commencing one (1) year after the first residential building permit is issued within the Project) by any increase in the Consumer Price Index (CPI) until all fees are paid. The information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month which is four (4) months prior to the month in which the project is approved by the City Council (e.g., if approval occurs in June, then the month of February is used to calculate the increase). 163) Requirement for Affordable Housing Agreement - Approval of the Residential Planned Development Permit and Vesting Tentative Tract Map is conditioned upon execution of an Affordable Housing Agreement between the City of Moorpark and the applicant or developer. Compliance with the terms and conditions of this Agreement shall address affordable housing provisions. The Agreement is subject to the approval of the City Council, and if compliance of the Agreement is not achieved, the City Council may initiate a Reversion to Acreage or other procedure, and nullify the Residential Planned Development Permit and Vesting Tentative Map approval. The affordable housing obligation shall be six (6) units based on the requirement for fifteen (15 %) of the approved thirty -seven (37) dwelling units to be sold to persons /families at the moderate - income level. The size of the six (6) affordable dwelling units shall be no less than seventy -five percent (750) of the average size of the other dwelling units approved by the City for Residential Planned Development Permit No. 96 -1. The S: \Community Development \Everyone \City Council Agenda Reports \cc - 001016 PacComm VTT & RPD conditions.doc City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 39 initial sale of the referenced six (6) dwelling units shall be subject to the applicable provisions of the Affordable Housing Implementation and Resale Restriction Plan referenced in Section 6.10 of the Development Agreement by and between the City of Moorpark and MP Group, LLC relating to Corte Bello (RPD 96 -1). The initial sales price, location of the units, buyer eligibility, resale restrictions, respective role of the City and the Developer, and any other item determined necessary by the City shall be set forth in the Affordable Housing and Implementation and Resale Restriction Plan, which shall be approved by the City Council prior to recordation of the first final Tract Map for this project. The Developer and City shall, prior to occupancy the first residential unit for the Project, execute an Affordable Housing Agreement that incorporates the Plan in total and is consistent with this condition. The Developer shall pay to the City the amount of five thousand dollars ($5,000) for the City's cost to prepare the affordable housing plan and agreement required pursuant to this condition. 164) Submittal of Landscape Plans - 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 (3) 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 S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc rl c j0 " v v � l� City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 40 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. 165) 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. 166) The following notes shall be included on the plans and shall be project conditions: a) All plant material shall conform to the current issue of the American Standard for Nursery Stock, published by the American Association of Nurserymen. b) 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. c) Prior to final inspection by the City of Moorpark, the applicant shall provide a written certification for the operation of the backflow device. 167) Unless otherwise approved, all open parking areas shall have fifty percent (50%) canopy coverage by broadleaf S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc C c It2"'SL City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 41 canopy shade trees. Shade coverage is defined as the maximum canopy area created by a tree at fifty percent (500) maturity. 168) The planting plan shall indicate the proposed locations of light standards. The lighting and tree locations shall be designed to avoid conflicts. 169) All backflow preventers, transformers, and other above - grade utilities, shall be appropriately screened with walls and /or plantings. 170) The planting and irrigation design shall comply with the State of California, Model Water Efficient Landscape Ordinance. 171) 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. 172) Subsequent to occupancy, the landscaping shall be maintained in accordance with the approved Maintenance Plan. 173) The landscape plan shall include planting and irrigation specifications for manufactured slopes and all common areas. 174) 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. 175) In the area of future buildings not under construction, turf and irrigation shall be installed. 176) The final landscape plans shall include landscaping specifications, planting details, and design specifications, consistent with the following requirements: a) The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 42 b) All plant species utilized shall not exceed the Irrigation Water Allowance, as discussed in the State Model Water Efficient Landscape Ordinance. c) Landscaping at site entrances, 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. d) Plantings in and adjacent to parking areas shall be contained within raised planters, surrounded by six - inch high concrete curbs. e) Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. f) Earthen berms and /or low walls shall be provided to screen views of parked vehicles from access roads. g) 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. h) A coordinated tree planting program shall be developed which will provide a dominant theme tree within the components of the proposed development. i) 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. j) 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. S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc v 'li' 1 F..i • City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 43 k) The applicant shall install purple pipe in all common areas for the purpose of using reclaimed water, when available. 1) Additional landscaping shall be added to the site to compensate for the dollar value loss of the existing trees to be removed from the site. 177) Prior to an issuance of a Zoning Clearance for construction, a wall plan (complete with related landscaping details) identifying the materials to be used, proposed wall heights and locations shall be submitted to and approved by the Director of Community Development. All fencing and barrier walls along lot boundaries shall be in place prior to occupancy. 178) Construction Access Plan - The applicant shall submit a Construction Access Plan to the Department of Community Development for review and approval by the Director of Community Development. 179) Zoning Clearance - 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 ". 180) Submittal of Construction Drawings - 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. 181) Revisions to Plans - The existing plans shall be revised by the applicant and approved by the Director of Community Development. The following revisions shall be made: S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 44 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. 182) An eight- (8) foot high noise attenuation wall, with the wall design, color and materials to be approved by the Director of Community Development, shall be constructed along the northern property line of the project, adjacent to the commercially zoned property. The mortar shall match the color of the wall and the wall design shall include pilasters and caps as determined by the Director of Community Development. Prior to construction of the eight (8) foot high wall, the applicant shall have recorded a Lot Line Adjustment between the commercial property to the north (CPD Permit No. 97 -1) and the applicant's property to move the property line boundary approximately five (5) feet to the south. 183) All driveways to the residential units shall have a minimum of twenty (20) feet long aprons. 184) Trees - Any removal of trees and the method of tree replacement shall be approved, by the Director of Community Development, as part of the landscape plan submitted by the applicant. 185) Outstanding Case Processing Fees - 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. 186) Traffic System Management Contribution - Prior to the issuance of a Zoning Clearance for construction, the permittee shall make a total contribution to the Moorpark Traffic Systems Management Fund (TSM) of $1,288.87 per S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc !till �__ v V" ;4.0 J City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 45 unit, to fund TSM programs or clean -fuel vehicles programs, as determined by the City. 187) Vector Control Plan - Prior to the issuance of a Zoning Clearance for construction, the applicant shall obtain approval of a Vector Control Plan from the City. 188) Performance Bond - 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 sixty (60) days of issuance of a Certificate of Occupancy within each phase of development. 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 (1) 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. 189) Vents and Metal Flashing - All roof vents and metal flashing shall be painted to match the roof color. All deck drains shall drain to the side and not face the private street. 190) Locked Gated Access to Flood Control Channel - The gated- access to the flood control channel shall be locked at all times to prevent permanent access, unless otherwise authorized in writing by the City. S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc «'rR" L .i 26 'v V . City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 46 191) Garage Size - Individual garages shall be a minimum, inside dimensions of 20 feet in length and 20 feet in width, with a minimum interior height of 8 feet. 192) Adjacent Property Walls and Fences - All property line garden walls or wrought iron fences shall be no further than one (1) inch from the property line. 193) Provision for Image Conversion of Plans into Optical Format - 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. 194) Cable Service - 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. 195) Color of Exterior Building Materials - All exterior building materials and paint colors shall be those that were approved, per the exhibits, to the Department of Community Development. 196) Asbestos - No asbestos pipe or construction materials shall be used. 197) Public Nuisance - 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, 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). S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 47 PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 198) Will Serve Letter - 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: 199) Completion of Front Yard Landscaping- Front yard landscaping shall be completed for each lot prior to its occupancy. 200) Payment of Fee for Crossing Guard - Prior to the issuance of the first occupancy, applicant shall pay an amount to cover the costs associated with a crossing guard for five (5) years at the then current rate when paid, plus the pro - rata cost of direct supervision for one (1) crossing guard location and staff's administrative costs (calculated at fifteen percent (15 %) of the above costs). 201) Enforcement of Vehicle Codes - Prior to Issuance of a Zoning Clearance for Construction, the applicant shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107.7. 202) Acceptance of On -Site Improvements - 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 (1) year after initial occupancy, to guarantee the items such as perimeter and retaining walls, landscaping, fences, S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc C'-'C - A-f City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 48 slopes, private recreation areas, and other improvements not related to grading, etc. are maintained. 203) All related perimeter and garden walls shall be constructed prior to the issuance of a Zoning Clearance for occupancy. 204) A six (6) foot high perimeter wall and fence shall be constructed along the Arroyo Simi. The bottom three (3) feet shall be constructed of slumpstone, or other material and color as determined by the Director of Community Development, with integral color mortar, and the top three (3) feet shall be wrought iron. Walls shall have pilasters and caps as determined by the Director of Community Development. CITY ENGINEER CONDITIONS: 205) Prior to the issuance of a building permit, the applicant shall have recorded Tract Map 5204. The Conditions of Approval for Tentative Tract Map 5204 shall apply to Residential Planned Development Permit No. 99 -4. 206) An As- Graded Geotechnical Report and Rough Grading Certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 207) A copy of the recorded map(s) shall be forwarded to the City Engineer for filing. 208) A final grading certification shall be submitted to and approved by the City Engineer. 209) All existing and proposed utilities shall be placed underground, as approved by the City Engineer. The four (4) power poles along the Liberty Bell Road frontage, shall be removed prior to issuance of a Certificate of Occupancy. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 210) Reproducible centerline tie sheets shall be submitted to the City Engineer's office. S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc C`vv "v City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 49 211) The Subdivider /Developer shall file for a time extension with the City Engineer's office, at least six (6) weeks in advance of expiration of the agreement, to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 212) All surety guaranteeing the public improvements shall remain in place for one (1) year following acceptance by the City. Any surety that is in effect three (3) years after final map approval or issuance of the first building permit, shall be increased an amount equal to or greater than, the Consumers Price Index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like - manner, each year thereafter. 213) Original "as built" plans will be certified by the Developer's Civil Engineer and submitted with two (2) sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction, on sheets larger than 22" X 3611, they must be resubmitted as "as built" in a series of 22" X 36" mylars (made with proper overlaps), with a title block on each sheet. Submission of "as built" plans is required before a final inspection will be scheduled. WATERWORKS DISTRICT NO. 1 CONDITIONS: 214) Developer may be required to loop the water lines to provide for an alternate source of water supply as the proposed site currently has one -way feed for the water supply. 215) Water and sewer improvement plans shall be prepared in accordance with district standards. Sample format is available at the Water District upon request. Submit three (3) sets of plans. 216) The following items shall be provided: a) Hydraulic analyses by a registered Civil Engineer to determine the adequacy of the proposed and existing water lines, water storage facilities and sewer lines. S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc CC0130 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 50 b) Copy of the approval by the County of Ventura Fire 220) Applicant shall pay the current developer fee as determined by the Moorpark Unified School District. 221) The applicant shall establish a safe student /pedestrian thoroughfare. AIR POLLUTION CONTROL DISTRICT CONDITIONS: 222) All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (ie. greater than 20 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. 223) 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. S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc C^t%A-31 Protection District, on the location of the fire hydrants. c) Sealed copy of "Memorandum of Understanding" and "Proof of Payment of the Capital Construction Charge" from Calleguas Municipal Water District. d) Cost estimate for water and sewer improvements. e) Grading, drainage and street improvement plans. f) Tract Map showing water and sewer easements, dedicated to the District. 217) Signed "Contract to Install," and Surety Bond. 218) The applicant shall comply with the applicable provisions of the District Rules and Regulations. FIRE DEPARTMENT CONDITION 219) The Conditions of Approval for Tentative Tract Map No. 5204 shall apply to Residential Planned Development Permit No. 99 -4. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS: 220) Applicant shall pay the current developer fee as determined by the Moorpark Unified School District. 221) The applicant shall establish a safe student /pedestrian thoroughfare. AIR POLLUTION CONTROL DISTRICT CONDITIONS: 222) All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (ie. greater than 20 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. 223) 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. S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc C^t%A-31 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 51 224) All unpaved, on -site roads shall be periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 225) The area disturbed by clearing, grading, earth moving, or excavation operations, shall be minimized, to prevent excessive amounts of fugitive dust. 226) All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 227) On -site vehicle speeds shall not exceed 15 miles per hour. 228) Equipment engines shall be maintained in good condition and in proper tune, as per manufacturers specifications. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS (VCFCD): 229) All connections to the Arroyo Simi shall be subject to review, approval and permitting by the VCFCD. The development shall limit the discharge to the Arroyo Simi to a 10 -year flow rate. There shall be no discharge from the development, to the Shasta Drain. Deed restrictions shall be placed on the property to ensure maintenance of storm drainage facilities, discharging to the Arroyo Simi. 230) The development shall be undertaken in accordance with the conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, National Pollutant Discharge Elimination System (NPDES) Permit No. CAS063339. Any existing or proposed drain connections to VCFCD jurisdictional facilities will require application of appropriate Best Management Practices (BMPs), such as; filters, landscape areas for filtration, and /or basins installed to treat stormwater runoff, prior to its discharge to the storm drain system. The project construction plans shall incorporate the BMPs applicable to the development for the review and approval of VCFCD. 231) The proposed flood control right -of -way shall be dedicated in fee to the VCFCD. 232) Drainage shall be installed along the proposed right -of -way to collect and direct flow to a single discharge point. S: \Community Development\ Everyone\C ity Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 52 233) A Hydrology and Hydraulic Report is required, to analyze the impact of the development on the capacity of the Arroyo Simi. A Channel Stability Study should also be included in the report. Channel improvements may be required to improve the Arroyo's existing condition and to mitigate the impact of the development. a) An Encroachment Permit is required for any improvement in the District's right -of -way. b) The project is subject to the requirements and the mitigation measures of the Countywide Stormwater Quality Management Program. All necessary facilities to treat the entire first flush, stormwater pollutant load from the site, must be provided prior to discharge to VCFCD channel. COUNTY OF VENTURA ENVIRONMENTAL HEALTH DIVISION CONDITIONS: 234) Prior to issuance of a Building Permit to the recreation area of the project, the applicant shall obtain plan check approval of the swimming pool from the County of Ventura Environmental Health Division. 235) Environmental Health Records indicate that the proposed development may be on, or a part of the formal disposal site identified as "S.K. Egg City," SWISS #56 -CR -0040. In accordance with Title 27, Section, 21190 California Code of Regulations, all proposed post - closure land uses, other than non - irrigated open space, shall be submitted for review to the LEA, Regional Water Quality Control Board, Local Air District, and the Local Land Use Agency. Further, no remedial action, construction of structures within 1,000 feet of the solid waste disposal site, or removal of solid waste are to be conducted at this site, until the proposed post- closure land use is approved by the LEA. Contact Barry Marczuk at (805) 654 -2859 to discuss the project and specific State of California post- closure requirements. S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 53 MITIGATION MONITORING PROGRAM FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 99 -4 AND TENTATIVE TRACT MAP NO. 5204 Geologic Mitigation Mitigation Measures: 1. Prior to issuance of a grading permit, a geotechnical soils engineer shall determine the extent and depth of soil removal and re- compaction that is necessary to be shown upon the grading plan. The grading plan shall reflect the areas of questionable stability and provide physical correction consistent with the geotechnical findings on file with the City of Moorpark Community Development Department. 2. Drainage, grading, compaction, foundation and footing specifications and improvements shall be verified and approved by the City Engineer prior to issuance of any building permits for the project to address required mitigation of geotechnical issues identified for the site. 3. The recommendations contained within geotechnical study shall apply to all development upon the parcels or lots created by Tract 5204. 4. All water wells, cisterns or cesspools encountered during grading operations shall be terminated, capped, and or abandoned consistent with best management practices for these uses. The applicants soils engineer shall be responsible to ensure that appropriate actions subject to direction of the local agency having jurisdiction over such use is completed and documentation provided to the Community Development Department. S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc C n 01134 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 54 Monitoring The City Engineer will assure that the recommendations in the reports are adhered to prior to the issuance of a grading permit. Hydrology Mitigation Mitigation Measures: 1. Prior to submittal of a final tract map, the applicant shall design and receive approval by the City Engineer and the Ventura County Flood Control District, for a Stormwater Quality Management Plan for the project site. The Stormwater Management Plan shall incorporate the following mitigation measures as a minimum to control runoff quality into the Arroyo Simi: a. A Stormwater Pollution Prevention Plan meeting State NPDES standards. b. Mitigation measures prescribed by the Ventura County 208 Water Quality Management Plan. C. Federal EPA /NOAH guidance measures for coastal nonpoint source pollution, as applicable. d. Applicable measures from the State Municipal Best Management Practices Manual (BMPs). e. Flood control facilities sensitive to surface water quality management issues. 2. Design, construction and maintenance of on -site flood control and storm water systems not dedicated as a portion of the municipal or county district facilities. Monitoring The City Engineer prior to the issuance of building permits will review plans to ensure they comply with applicable State Municipal Best Management Practices. S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc nl�; s J [_ � 11 a3 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 55 Air Quality Mitiqation 1. Prior to issuance construction of the shall pay an in -lieu impacts generated by designated by any Ci developments. of a Zoning Clearance for residential units, the applicant fee for mitigation of air quality the project. The fee shall be as ty policy or precedent for similar 2. The applicant shall ensure that fixed source contributors to air impacts such as structures, heating equipment for project recreational pools or spas, and mechanical equipment venting provides the maximum reduction in expulsion of pollutants. 3. The applicant shall submit a dust control plan for the site acceptable to the City concurrent with any preliminary (rough) grading plan. The dust control plan shall address the method and frequency for the reduction of dust nuisances to adjoining property and shall include the periodic sweeping of public streets affected by the earth movement and construction phases of the project. Monitoring Prior to issuance of a Zoning Clearance for construction, the Department of Community Development will collect a contribution for Transportation System Management. The City Engineer will review and approve a dust control plan prior to commencement of grading operations. Noise Mitigation Requirement Mitigation Measure: Sound Attenuation - Prior to issuance of a Zoning Clearance for construction, the Noise Study prepared by RKJK & Associates shall be updated. All residential units fronting along the commercial property on the north (Lot Nos. 8 -14) shall have S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc G -N (A 3 i City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 56 sound attenuating glass on all second story windows facing the commercial property. In addition, other noise attenuation including, but not limited to a mechanical ventilation system to permit "windows closed" condition, and an eight (8) foot sound attenuation wall along the northerly property line as specified in the Noise Study prepared by RKJK & Associates shall be incorporated into the design of the residential units. Monitoring Prior to issuance of a building permit, plans will be reviewed by the Department of Community Development and Building and safety to ensure that the structures facing the commercial property are adequately sound attenuated in accordance with the recommendations contained within the Noise Study. Street Improvement Requirements Mitiqation Measures: 1. The Developer shall improve Liberty Bell Road along the property frontage. Liberty Bell Road shall be designed per Ventura County standard plate 9-4A. The half right -of -way width shall be 30 feet. The half pavement width shall be 20 feet. The parkway dimension shall be 6 feet wide adjacent to the curb with a 5 -foot wide sidewalk. All transitions to the commercial property to the north are to be approved by the City Engineer. 2. The Developer shall design a turning area at the south end of Liberty Bell Road which will provide minimum turning radius equal or greater than the dimensions shown on Ventura County Standard Plate C -2. The design shall provide for access to both the City property and the Ventura County Flood Control Property. No reduction in the City -owned parking area shall be allowed. Access to Ventura County Property shall be restricted by a locked gate meeting Ventura County Flood Control Standards and approval. S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc CC, 0 113 City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 57 3. Trailway Court shall be designed per Ventura County Standard Plate B -5B. With the following exceptions: (a) The total right -of -way width shall be 44 feet. The pavement width shall be 36 feet. (b) The sidewalk shall be 5 feet wide and located adjacent to the curb. The offset cul -de -sac shall be designed to meet the minimum dimensions of the Ventura County Standard Plate C -2 or C -3. The 90° turn shall be designed per plate C -4. 4. Arroyo Trails Avenue shall be designed per Ventura County Standard Plate B -5B. With the following exceptions: (a) The total right -of -way width shall be 44 feet. The pavement width shall be 36 feet. (b) The sidewalk shall be 5 feet wide and located adjacent to the curb. The Developer shall record a covenant, running with the land, to the City of Moorpark acknowledging that the interior private street right -of -way is not per City standard. As such, the street right -of -way will not be offered to the City until the right -of -way is brought into compliance with City standards. 5. The Developer shall Contribution (AOC) dollar amount in E previous payment demonstrated, to concurrence of the not have to pay the pay the Los Angeles Avenue Area of Fee. The AOC fee shall be the effect at the time of payment. If of this contribution can be the City's satisfaction upon City Manager, the developer would AOC fee. 6. The Applicant shall make a special contribution to the City representing the developers pro -rata share of the cost of improvements at the following intersections: Los Angeles Avenue /Gabbert Road ($90,000) Los Angeles Avenue /Moorpark Avenue ($150,000) S: \Community Development \Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc C: 'C"(11143 S City Council Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 58 The actual contribution (pro -rata share shall be based upon the additional traffic added to the intersection. The developer's traffic engineer shall provide the City Engineer a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share ") amount. Monitoring Prior to recordation of the Final Map and /or occupancy, the Department of Community Development and the City Engineer will ensure that the conditions have been satisfied. S: \Community Development \ Everyone \City Council Agenda Reports \cc - 001018 PacComm VTT & RPD conditions.doc C v 0 13 RESOLUTION NO. PC- 2000 -396 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL CONDITIONAL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 5204 TO CREATE 37 RESIDENTIAL LOTS, AND, RECOMMENDING CONDITIONAL APPROVAL OF RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 99 -4 FOR 37 RESIDENTIAL UNITS ON 4.8 ACRES OF LAND ON THE SOUTH SIDE OF LOS ANGELES AVENUE IN THE VICINITY OF LIBERTY BELL ROAD ON THE APPLICATION OF PACIFIC COMMUNITIES (ASSESSOR'S PARCEL NOS. 506 -0- 050 -505) WHEREAS, at a duly noticed Public Hearing on September 11 and 25, 2000, the Planning Commission considered the application filed by Pacific Communities for approval of Vesting Tentative Tract Map No. 5204 to subdivide an existing 4.8 acre parcel into 37 residential lots, and Residential Planned Development Permit No. 99 -4 for approval of a Residential Planned Development consisting of 37 residential dwelling units; and WHEREAS, at its meeting of September 11, 2000, the Planning Commission opened the Public Hearing, took testimony from all those wishing to testify, and continued the Public Hearing to September 25, 2000; and WHEREAS, on September 25, 2000, the Planning Commission closed the Public Hearing; and WHEREAS, the Planning Commission, after review and consideration of the information contained in the staff report for the Planning Commission meeting, and testimony, has made a decision in this matter. 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: C.E.Q.A. Findings 1. That the Mitigated Negative Declaration and 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. S ICOMMUNITY DEVELOPMENTIEVERYONETESOLUTIONS AND CONDI TIONSIPC -"925 PAC COMM TT5204 AND RPD RESO.DOC ATTACHMENT C 1-40 Resolution No. PC- 2000 -396 RPD 99 -4 & VTT 5204 Page 2 2. The contents in the Mitigated Negative Declaration and Initial Study have been considered in the various decisions on the 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 Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects. Subdivision Map Act Findings: Based on the information set forth above, it is determined that the Vesting Tentative Tract Map, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: 1. The proposed map is consistent with the applicable General Plan. 2. That the design and improvements of the proposed subdivision are consistent with the General Plan. 3. The site is physically suitable for the type of deve'opment proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed impro-,,emen s re. riot likely _o cause substantial environmental darr.age. I"'•,- des ign of tl-ae subdivi.sicn and the type of improveme- s a -e ikely tc ceoise serious public health problems. design o1 the subdivision and the type of imprc-.ements -onf ; w_t.h easements acquired by the pui i i c 1a_-:-e, for access through, or use of the property wit-.in t`_e :orc.2osed subd:i.v i.on. be, no discharge of waste from the proposed S 1COrd:LfUN'T Y DC✓ ELOP .44ENPF/ERYC,' +EZESOLUTIO " +'S AND CONDITIONSTC -"925 PAC COMM TT5204 „N:: FPD RESC':OC C ��� Resolution No. PC- 2000 -396 RPD 99 -4 & VTT 5204 Page 3 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. 9. 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. SECT TON 2. The Planning Commission hereby finds that the aforementioned projects as conditioned, will be consistent with the C:i:y's General Plan prior to recordation of the Final Map. S I'T0N 3. The - lannin.g Commission recommends to t 'ne City StCOM.VUNITY DEdELOPMENTIEVEP,YOP ETESOLUTIONS AND CONDITIONSIPC -"925 PAC COMM TT5204 AND RPD RESO DOC adoption of the Mitiga.ed Negative Declaration and Ini-�iial dy and ':it _gation Monitoring Program: and recommends to the Ci ,y :c i _ of t1. Miti ated Negative Declaration /Initia i `;r..ad;✓ fcr t:ne project is ccm.plete and has been prepared `n ::no: _ a lce with the California Environmental Quality Act Guidelines, and City policy. StCOM.VUNITY DEdELOPMENTIEVEP,YOP ETESOLUTIONS AND CONDITIONSIPC -"925 PAC COMM TT5204 AND RPD RESO DOC Resolution No. PC- 2000 -396 RPD 99 -4 & VTT 5204 Page 4 SECTION 4. That the Planning Commission hereby recommends to the City Council conditional approval of Vesting Tentative Tract Map No. 5204 for 37 residential lots, and conditional approval of Residential Planned Development Permit No. 99 -4 for 37 dwelling units on the application of Pacific Communities, subject to compliance with all of the attached Conditions of Approval. The action of the foregoing direction was approved by the following roll call vote: AYES: Commisisoner's Parvin. Ottor. Landis. Haller. DiCecco NOES: ABSTAIN: ABSENT: PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF SEPTEMBER, 2000 Mar 'cecc0, hair ATTEST: Celia LaFleur, Secretary to the Planning Commission EXHIBIT A: Conditions of Approval S 10CM'OUNITY DEVELOPMENP ,EVERYOPJEVES0007'0 "JS AND CONDITIONSL°C-000925 PAC COMM 'i 5204 AND RPD RESO DOC Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 1 CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5204 (Pacific Communities) M:IPPORTERM7 T5204WC- 000911 PACCOMM CONDMONSDOC EXHIBIT ene-144 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 2 CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5204 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS: 1) Application of City Ordinances /Policies - The conditions of approval of this Vesting Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 2) Acceptance of Conditions - 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. 3) Requirement for Affordable Housing Agreement - Approval of the Residential Planned Development Permit and Tentative Tract Map is conditioned upon execution of an Affordable Housing Agreement between the City of Moorpark and the applicant or developer. Compliance with the terms and conditions of this Agreement shall address affordable housing provisions. The Agreement is subject to the approval of the City Council, and if compliance of the Agreement is not achieved, the City Council may initiate a Reversion to Acreage or other procedure, and nullify the Residential Planned Development Permit and Tentative Map approval. 4) Expiration of Map - This Vesting Tentative Tract Map shall expire three (3) years from the date of its approval. The Director of Community Development may, at his discretion, grant up to two (2) additional 1 -year extensions for map recordation, if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the map. 5) Image Conversion - Prior to recordation, the builder shall provide to the City, an image conversion of plans (as M.iPPORTERWTT5204PC-0M11 PACCOMM CONDIT)ONSWC 1 -11 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 3 determined by the Department of Community Development) into an optical format acceptable to the City Clerk. 6) Hold Harmless - 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: a) The City bears its own attorney fees and costs; b) 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. 7) Title Report - 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. 8) Calleguas Release - 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, MPPORTEfMfl75204WC -MI1 PACCOMMCONDITIONS.000 C Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 4 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. 9) Unconditional Availability Letter - 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. 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. 10) Cross Connection Control Devices - 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. 11) Surety for Utilities - Prior to approval of a final map, the subdivider shall post sufficient surety to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. Prior to the issuance of an occupancy permit for the last house in the tract, all existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage 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. 12) Computer Aided Mapping System - The Map shall be submitted in accordance with County Ordinance No. 3982; entitled "An MVPORTERIMI75204WC-0=911 PACCOMM CONOITIONS.000 C ,,147 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 5 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." 13) Crossing Guard - Prior to approval of the Final Map, the applicant shall pay an amount to cover the costs associated with a crossing guard for five (5) years, at the then current rate when paid, plus the pro -rata cost of direct supervision for one (1) crossing guard location and staff's administrative costs (calculated at fifteen percent (15 %) of the above costs). 14) Fees In -Lieu of Park Dedication - 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). 15) Citywide Traffic Mitigation Fee - As a condition of the issuance of a building permit for each residential unit, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee ") . The Citywide Traffic Fee may be expended by the City in its sole and unfettered discretion. On the effective date of the Development Agreement, the amount of the Citywide Traffic Fee shall be $3,000 per dwelling unit. Commencing January 1, 2001, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceeding year ( "annual indexing "). In the event there is a decrease in the referenced index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 16) CC &R Requirement - Covenants, Conditions, and Restrictions (CC &R's) establishing a Homeowners' Association for the proposed division shall be prepared and shall identify the maintenance responsibilities of the Homeowners' Association including, but not limited to, the following: M:IPP0RTERUA7T5204 PC-M1I PACCOMM CONDITIONS.DOC nlJj,1J Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 6 a) The CC &R's shall address the maintenance of all streets and common - shared driveways, all storm drains and channels, the landscaped entry areas, any slope directly affecting drainage or street facilities, and any dams (collectively "Maintenance Areas ") owned by the Homeowners' Association. Should the Homeowner's Association fail to maintain the Maintenance Areas, or any portion thereof, in a satisfactory manner, the Maintenance Areas, or portion thereof, shall be annexed, at the City's option, to a City Assessment District. The total cost of the maintenance provided by the Assessment District Shall be borne by the lot owners within the tract. Prior to approval of the Final Map, an easement covering the Maintenance Areas shall be irrevocably offered to the City for maintenance purposes. b) The CC &R's shall state that the gated access to the flood control channel shall be locked at all times to prevent permanent access, unless otherwise authorized by the City in writing. c) 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. d) 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. e) 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. f) The CC &R's shall include a requirement that any future residential units constructed in the subdivision shall M:IPPORTERUTT52041PC -Ml l PACCOMM CONDITIONS.DOC C 014.E Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 7 comply with Chapter 2 -53 of Part 2 and Chapter 4 -10 of Part 4, of Title 24 of the California Administrative Code. g) The CC &R's shall include a requirement that ultra -low water consumption plumbing fixtures shall be installed consistent with City Ordinance. The CC &R's shall also include a requirement for the following energy saving devices: i) Stoves, ovens, and ranges, when gas fueled, shall not have continuous burning pilot lights. ii) All thermostats connected to the main space heating source shall have night setback features. iii) Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. h) A fencing, perimeter, and privacy barrier wall plan (complete with related landscaping details) identifying the materials to be used, 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. i) 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. j) The CC &R's shall include language prohibiting use of wood or asphalt shingles as roofing materials for residential structures. k) Single and multi - family units shall comply with all pertinent Title 24 and Uniform Building Code conditions, regarding handicapped access and facilities. M.APPORTERUM752041PC-000 II PACCOMM CONDMONS.DOC Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 8 1) 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. m) 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. 17) Outstanding Case Processing Fees - 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. 18) Assessment District - Developer agrees to cast affirmative ballots for the formation of an assessment district and levying of assessments, for the maintenance of parkway landscaping, street lighting, and if requested by the City Council, parks for the provision of special benefits conferred by same, upon properties within the Project. Developer further agrees to obligate the property owners association to provide for maintenance of parkway landscaping and street lighting in the event the aforementioned assessment district is dissolved or altered in any way by a ballot election of property owners, or if the assessment district is invalidated by court action. CITY ENGINEER CONDITIONS: PRIOR TO FINAL MAP APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 19) Grading - The Subdivider /Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a Registered Civil Engineer. The Subdivider /Developer shall enter into an agreement with the City of Moorpark to complete the improvements and shall post sufficient surety, guaranteeing completion of all improvements. M.VWRTERUMTT52041PC -M1 I PACCOMMCONDITIONS.DOC Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 9 20) 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 thirty (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. 21) Requests for rough grading permits will be granted in accordance with RPD 99 -4 and the approved Tentative Map No. 5204, as required by these conditions and local ordinance. 22) The Vesting Tentative Map calls for the grading of 5,980 cubic yards of cut, 3,970 cubic yards of fill, and 2,010 cubic yards of export. All export shall go to Tract 5053. 23) The Subdivider /Developer shall indicate in writing to the City, the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991, and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform with Reuse Permit Procedures administered by the County Water Resources Development Department. 24) Temporary irrigation, hydroseeding or equal measures acceptable to the City Engineer for erosion and dust control shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains, or is anticipated to remain unfinished or undisturbed in its altered condition, for a period of time greater than thirty (30) days or the beginning of the rainy season, whichever comes first. 25) All development areas and lots shall be designed and graded so that surface drainage is directed to street frontages, or natural or improved drainage courses, as approved by the M:IPPORTERMTT5204WC- 000911 PACCOMMCONDITIONS.DOC C C 01 J 2 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 10 City Engineer. 26) Geotechnical /Geology Review - The Subdivider /Developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering Report certified by a California Registered Civil Engineer. The Geotechnical Engineering Report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Subdivider /Developer shall also provide a report which discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the Geotechnical Engineering Report(s), by the City's Geotechnical Engineer, shall be required. The Subdivider shall reimburse the City for all costs including the City's administrative fee for this review. 27) 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 Soil 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 soil report(s). 28) Storm Water Runoff and Flood Control Planning - 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. 29) The plans shall depict all on -site and off -site drainage structures required by the City. 30) The drainage plans and calculations shall demonstrate that the following conditions will be satisfied before and after development: a) Quantities of water, water flow rates, major water M.APPORTER%ATT5204PC,MII PACCOMMCONDITIONS.OX C � 0153 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 11 courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b) All storm drains shall carry a 50 -year frequency storm; c) All catch basins shall carry a 50 -year storm; d) All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e) All culverts shall carry a 100 -year frequency storm; f) Drainage facilities shall be provided such that surface flows are intercepted and contained in an underground storm drain prior to entering collector or secondary roadways; g) Under a 50 -year frequency storm, local, residential and private streets shall have one (1) dry travel lane available on interior residential streets. Collector streets shall have a minimum of one (1) 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. 31) 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 M.WPORTERIM 7510IWC -Mll PACCOMMCONDITIONS.DOC Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 12 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. 32) 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. 33) 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. 34) The Subdivider /Developer shall demonstrate for each building pad within the Tentative Map area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a) Adequate protection from a 100 -year frequency storm; and b) Feasible access during a 50 -year frequency storm. c) Hydrology calculations shall be per current Ventura County Standards. d) The Subdivider shall verify that all lots are located outside of the proposed floodway boundaries for the Arroyo -Simi. 35) National Pollutant Discharge Elimination System ( NPDES) - Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Stormwater Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. 36) Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 37) The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development MWORTER4M1TT52041PUMI1 PACCOMM CONDITIONS. DOC C�()1S5 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 13 for the review and approval of the City Engineer. 38) All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo." 39) 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. 40) Parking and associated drive areas with five (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. 41) 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 for the City's administrative costs. 42) All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 43) 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 AAPPORTERUMTT52041PC -Ml I PACCOMMCONDITIONS.DOC E.., U 155 , Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 14 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. 44) The following requirements shall be included in the CC &R's: a) All property areas shall be maintained free of litter /debris. b) All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. c) Private roads and parking lots /drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - throughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, washwater shall not discharge to the storm drains. Washwater should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d) All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e) Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. f) Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. Area shall be paved with impermeable material. No other area shall drain onto M:IPPORTERLM75204IPC -Mll PACCOMMCONDMONS.DOC Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 15 these areas. There shall be no drain connected from the trash enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. 45) 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. 46) The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 47) 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. 48) Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." 49) 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. CASQ00O02): 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) 50) 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 (5) or more acres." The developer shall submit a Notice of Intent (NOI) to the City Engineers M;PPORTERWTT52041PC -M911 PACCOMM CONDITIONS.DOC ev01L8 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 16 office as proof of permit application. 51) 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. 52) Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 53) Street Improvement Requirements - The Subdivider /Developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements; and shall post sufficient surety guaranteeing the construction of all improvements. Public streets shall conform to the Ventura County Road Standards (most recent version). 54) The street right -of -way improvements shall include concrete curb and gutter, parkways, new street lights, and signing, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The developer shall dedicate any additional right -of -way necessary to make all of the required improvements. 55) Liberty Bell Road - The Developer shall improve Liberty Bell Road along the property frontage. Liberty Bell Road shall be designed per Ventura County standard plate B -4A. The half street right -of -way width shall be thirty (30) feet. The half street pavement width shall be twenty (20) feet. The parkway dimension shall be six (6) feet wide adjacent to the curb with a 5 -foot wide sidewalk. All transitions to the commercial property to the north are to be approved by the City Engineer. 56) The Developer shall design a turning area at the south -end of Liberty Bell Road, which will provide minimum turning radius, equal or greater than, the dimensions shown on Ventura County Standard Plate C -2. The design shall provide for access to both the City property and the Ventura County M.WPORTERVATT5"iPC -OON1I PACCOMMCONDITIONS.DOC Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 17 Flood Control Property. No reduction in the City -owned parking area shall be allowed. Access to Ventura County Property shall be restricted by a locked gate, meeting Ventura County Flood Control Standards and approval. 57) The Developer shall repair all damage caused by their project and shall slurry seal the full width of Liberty Bell Road, after all lots have been constructed and after all street repairs have been completed, as required by and to the satisfaction of the City Engineer. It shall be the Developer's responsibility to: (1) record and document all existing damage to the street; and (2) submit this documentation to the City Engineer's office, prior to construction. 58) Trailway Court shall be designed per Ventura County Standard Plate B -5B, with the following exceptions: (a) The total right -of -way width shall be 44 feet; (b) the pavement width shall be 36 feet; (c) the sidewalk shall be five (5) feet wide and located adjacent to the curb; (d) the offset cul -de -sac shall be designed to meet the minimum dimensions of the Ventura County Standard Plate C -2 or C -3; and (e) the 900 turn shall be designed per plate C -4. 59) Arroyo Trails Avenue shall be designed per Ventura County Standard Plate B -5B, with the following exceptions: (a) The total right -of -way width shall be 44 feet. The pavement width shall be 36 feet; and (b) the sidewalk shall be five (5) feet wide and located adjacent to the curb. 60) The Developer shall record a covenant, running with the land, acknowledging that the interior private street right - of -way is not per City standard. As such, the street right - of -way will not be offered to the City until the right -of- way is brought into compliance with City standards. 61) Streetlights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. Streetlights shall be cut -off lenses. 62) The Subdivider /Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 63) The final design and locations of all barrier walls, MAPP0RTERVATT52041PC -MI I PACCOMM CONDITIONS.DOC Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 18 streetscape elements and urban landscaping, are subject to the approval of the Director of Community Development. 64) In accordance with Business and Professions Code 8771, the street improvement plans shall, provide for a surveyors statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. 65) Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. 66) The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. 67) The Developer shall post sufficient surety, guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other off -site improvements required by the conditions as described herein. 68) The Developer shall demonstrate legal access to all lots to the satisfaction of the City Engineer. 69) The Developer shall pay the Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the developer will not have to pay the AOC fee. 70) Any special street intersection treatments shall be approved by the City Engineer and the Director of Community Development. 71) The Applicant shall make a special contribution to the City, representing the developers pro -rata share of the cost of improvements at the following intersections: a) Los Angeles Avenue /Gabbert Road ($90,000); and M:IPPORTERUATT52041PC-000911 PACCOMMCONDITIONS.DOC C v ll1G1 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 19 b) Los Angeles Avenue /Moorpark Avenue ($150,000). The actual contribution (pro -rata share shall be based upon the additional traffic added to the intersection. The developer's Traffic Engineer shall provide the City Engineer a "Fair Share Analysis" of the projects "added traffic" for calculation of the pro -rata ( "fair share ") amount. 72) Utilities, facilities and services for Tract 5204 will be extended and /or constructed in conjunction with its phased development by the developer as the project proceeds. 73) The developer will be responsible for the construction of all onsite and offsite sanitary sewer facilities to serve the project. The developer shall enter into an agreement with V.C.W.W. Dist. No. 1 to construct the improvements and the system will be dedicated to V.C.W.W. Dist. #1 for maintenance. 74) Prior to recordation of a final map, the City, Calleguas Municipal Waterworks District and Ventura County Water District No. 1 shall approve final plans for water dis- tribution. Either the subdivider shall construct the re- quired distribution facilities or enter into an agreement with the Calleguas Municipal Water District and /or Ventura County Waterworks District No. 1 stating when and how facilities will be funded and constructed. The system will be designed and constructed to meet the requirements of the proposed land uses and applicable City, Calleguas and V.C.W.W. District No. 1 standards. 75) Other Utilities: Provisions for electrical, natural gas, telephone, solid waste collection services, and cable television, shall be made prior to development of the project area. All services can be extended by each respective company to meet future demands of the tract. Natural gas service will be provided by Southern California Gas. Electric service will be provided by Southern California Edison. Telephone service will be provided by Pacific Bell. Solid waste collection will be provided by private companies as regulated by the City. These services will be provided consistent with development of the project area. MAPPORTERIMI7510AK -"911 PACCOMM CONDITIONS. DOC G 1C.,le01G2 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 20 76) All existing and proposed utilities shall be placed underground as approved by the City Engineer. 77) Acquisition of Easements and right -of -way. If any of the improvements which the Developer is required to construct or install, are to be constructed or installed upon land in which the Developer does not have title or interest sufficient for such purposes, the Developer shall do all of the following at least sixty (60) days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457: a) Notify the City of Moorpark (hereinafter referred to as "City ") in writing, that the Developer wishes the City to acquire an interest in the land, which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b) Upon written direction of the City, supply the City with: (i) a legal description of the interest to be acquired; (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure; (iii) a current appraisal report prepared by an appraiser, approved by the City, which expresses an opinion as to the fair market value of the interest to be acquired; and (iv) a current Litigation Guarantee Report. c) Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the Developer will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 78) The Developer shall offer to dedicate to the City of Moorpark, public service easements as required by the City. Where gated access is provided, the applicant shall provide a means for immediate access of fire and police emergency vehicles. 79) The applicant shall make an irrevocable offer of dedication of all easements over all private streets shown on the Vesting Tentative Map for the purpose of providing access M.APPORTERVATT5204PC,M11 PACCOMM CONDITIONS.DOC C IJIG3 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 21 to: a) all governmental agencies that provide public safety, health and welfare services or that enforce laws and ordinances; and, b) all members of the public who reasonably need to be vacated over the private streets because of a "state of emergency" declared by a representative of the City or of the Ventura County Fire Protection District. 80) Prior to submittal of the Final Map to the City, for review and prior to approval, the Developer shall transmit by certified mail, a copy of the conditionally approved Tentative Map, together with a copy of Section 66436 of the State Subdivision Map Act, to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. 81) Prior to the issuance of a grading permit, all conditions required to be completed prior to Final Map Approval shall be complied with. 82) All structures and walls require Planning Department approval. 83) During grading, the following conditions shall apply: a) Grading may occur during the rainy season from October 15 to April 15, subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. b) 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. 84) During clearing, grading, earth moving, or excavation operations, dust emissions should be controlled by regular watering with reclaimed water, if available, paving construction roads and other dust prevention measures. The Developer shall submit a Dust Control Plan, acceptable to the City, concurrently with submittal of the rough (as opposed to the fine) Grading Plan. This plan shall include, but is not be limited to, the following measures: a) Water all site access roads and material excavated or M:IPPORTERM T5204LOC- MlIPACCOMMCONDMONS.DOC ' ''''164 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 22 graded, on or off -site, to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The Dust Control Plan shall indicate the number of water trucks which will be available for dust control at each phase of grading. b) Cease all clearing, grading, earth moving, or excavation operations, during periods of high winds (greater than 15 m.p.h. averaged over one (1) hour). The contractor shall maintain contact with the Air Pollution Control District (APCD) Meteorologist for current information about average wind speeds. c) Water or securely cover all material transported off - site and on -site to prevent excessive amounts of dust. d) Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation, so as to prevent excessive amounts of dust. e) Keep all grading and construction equipment on or near the site, until these activities are completed. f) Face masks shall be used by all employees involved in grading or excavation operations, during dry periods, to reduce inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. g) The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. h) Wash off heavy -duty construction vehicles before they leave the site. i) After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: 1) Apply non - hazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast- U PPORTERUMTT52WC- 000911 PACCOMMCONDITIONS.DOC 1, iv 1 6 J Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 23 growing, soil - binding plant to reduce wind erosion and its contribution to local particulate levels. 2) Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) which may have accumulated from construction activities. 3) All diesel engines used in construction equipment should use high pressure injectors and reformulated diesel fuel. 85) 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. 86) 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. 87) Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid residential areas and requiring that "Exhaust Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and be approved by the City Engineer. 88) The Subdivider /Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 89) Equipment not in use for more than ten (10) minutes should be turned off. 90) If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health M.1PP0RTERWTT52041PC -M11 PACCOMN CONDITIONSWC C-;,C166 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 24 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. 91) The Subdivider /Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 92) Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers' specifications. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 93) Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 94) The Subdivider /Developer shall file for a time extension with the City Engineer's office, at least six (6) weeks in advance of expiration of the agreement, to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 95) All surety guaranteeing the public improvements shall remain in place for one (1) year following acceptance by the City. Any surety that is in effect three (3) years after final map approval or issuance of the first building permit shall be increased an amount, equal to or greater than, he Consumers Price Index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like- manner each year thereafter. 96) Original "as built" plans will be certified by the Developer's Civil Engineer and submitted with two (2) sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction, on sheets larger than 22" X 36 ", they must be resubmitted as "as built" in a series of 22" X 36" mylars (made with proper overlaps) and with a title block on each M.WPORTERUM752040C -MII PACCOMMCONDMONS.DOC C. %. �V V Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 25 sheet. Submission of "as built" plans are required before a final inspection will be scheduled. FIRE DEPARTMENT CONDITIONS: 97) Private Driveways, serving up to two (2) structures, shall be constructed 15 feet wide and able to support a 20 -ton Fire District vehicle. A width of 20 feet shall be provided on an access road, serving three (3) or more structures. 98) 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. 99) The access roadway(s) shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed, as required and acceptable to the Fire District. 100) Access roads shall not exceed 15% grade. 101) Approved turnaround areas provided where the access from the main thoroughfare. for fire apparatus shall be road is 150 feet, or farther, 102) When only one access point is provided, the maximum length of such access shall not exceed 800 feet. 103) Two (2) points of ingress /egress shall be provided to the development, in accordance with Fire District Private Road Guidelines. 104) The access road(s) /driveway(s) shall be certified by a registered Civil Engineer as having an all- weather surface. in conformance with Public Works standards. This certification shall be submitted to the Fire District for review and approval, prior to combustible construction. 105) Gates for Controlled Access - Gates used to control vehicular access shall be designed, as required by the Fire Department Gate Guidelines. Design criteria includes: stacking method of gate control; clear widths; and, knox box systems for secured gates. Gate plan details shall be submitted to the Fire Prevention Division for review and approval, prior to map recordation. M.APPORTERIA M2041PC�11 PACCOMMCONDITIONS.DOC .�016s Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 26 106) Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center; 165 Durley Avenue; Camarillo, CA. for review and approval. 107) All driveways shall have a minimum vertical clearance of 13 feet 6 inches. 108) 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. 109) Prior to construction, the applicant shall submit plans to the Fire District for approval, of the location of the hydrants. On these plans, show existing hydrants within 500 feet of the development. 110) Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. 111) Each hydrant shall be a 6 -inch wet barrel design and shall have one (1) 4 -inch and one (1) 2 1/2" inch outlet(s). 112) The required fire flow shall be achieved at, no- less -than 20 psi residual pressure. 113) 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. 114) Fire hydrants shall be set back in, from the curb face, 24 inches on center. 115) 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. 116) Address numbers, a minimum of four (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 /are not visible from the street, the M.IPP0RTERIMlTT5204 PC-M11 PACCOMM CONDITIONS.DOC 01-G9 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 27 address number(s) shall be posted adjacent to the driveway entrance. Brass and /or gold letters shall not be used. 117) 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. 118) Any structure greater than 5,000 square feet in area and /or five (5) miles from a fire station, shall be provided with an automatic fire sprinkler system in accordance with Ventura County Fire Protection Ordinance. 119) Grass and Brush Removal - 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. 120) Spark Arrestor - An approved spark arrestor shall be installed on the chimney of any structure(s). 121) VCFD Form No. 126 - Applicant shall obtain VCFD Form No. 126 "Requirements For Construction" prior to obtaining a building permit for any new structures or additions to existing structures. WATERWORKS DISTRICT NO. 1 CONDITIONS: 122) Subject property is not within the boundaries of Ventura County Waterworks District No. 1 for water and sewer service. The property will have to be annexed to the District, prior to final map approval. 123) 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. M:1PP0RTERMTT5204V C-M11 PACCOMM CONDMONS.DOC Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 28 CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 99 -4 (Pacific Communities) M.APP0RTERIMITT5204IPC,M1I PACCOMMCONDITIONS.DOC Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 29 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS: APPROVAL OF RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 99 -4 SUBJECT TO COMPLIANCE WITH THE FOLLOWING CONDITIONS: GENERAL REQUIREMENTS: 124) Permitted Uses - 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. 125) Requirement for Affordable Housing Agreement - Approval of the Residential Planned Development Permit and Tentative Tract Map is conditioned upon execution of a Affordable Housing Agreement between the City of Moorpark and the applicant or developer. Compliance with the terms and conditions of this Agreement shall address affordable housing provisions. The Agreement is subject to the approval of the City Council, and if compliance of the Agreement is not achieved, the City Council may initiate a Reversion to Acreage or other procedure, and nullify the Residential Planned Development Permit and Tentative Map approval. 126) Use Inauguration - Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than three (3) years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to two (2) 1 -year extensions for project inauguration, if there have been no changes in the adjacent areas, if applicant can document that he has diligently worked towards inauguration of the project during the initial 2 -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 thirty (30) days, prior to the expiration date of the permit. MAPPORTERVATT520fIP X011 PACCOMM CONO1TIONS.000 C'C 01 "If Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 30 127) Modification to Permit - 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. 128) Other Regulations - Except as provided for within these conditions, 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. 129) Graffiti Removal - 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. 130) Access Rights - 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. 131) Phasing - 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. 132) Effect of Conditions - 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. 133) Severability - If any of the conditions or limitations of this permit are held to be invalid, that holding shall not M.APPORTERM752041P0-0M11 PACCOMN CONDITIONS.000 Cr,01'73 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 31 invalidate any of the remaining conditions or limitations set forth. 134) Permittee Defense Costs - 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. 135) Acceptance of Conditions - 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. 136) Surety for Utilities - Prior to approval of a final map, the subdivider shall post sufficient surety to assure that all proposed utility lines, within and immediately adjacent to the project site, shall be placed underground to the nearest off -site utility pole. Prior to the issuance of an occupancy permit for the last house in the tract, all existing utilities shall also be underground to the nearest off -site utility pole, with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all above- ground power poles on the project site as well as those along the frontage roads of the site. All utility lines that must connect across Los Angeles Avenue shall be placed underground via an underground conduit. 137) Rain Gutters and Downspouts - Rain gutters and downspouts 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 driveways in non - corrosive devices as determined by the City Engineer. 138) Roof Mounted Equipment - No roof mounted equipment (other than required vents) shall be permitted. Exceptions to this limitation must be approved by the Director of Community Development. M.APPORTERUMTT5204 PC-Ml I PACCOMM CONDITIONS.DOC C.0 O1?4 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 32 139) Exterior Lighting - 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. 140) Energy Saving Devices - 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 setback 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. 141) Maintenance of Permit Area - 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. 142) Archaeological or Historical Finds - 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. M.APPORTERbM75204WC -Mll PACCOMMCONDITIONS.DOC v 011 J Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 33 143) Prior to issuance of a grading permit, 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 application shall state the number of cubic yards and location of the borrow site. The City shall approve the haul routes. 144) Assessment District - Developer agrees to cast affirmative ballots for the formation of an assessment district and levying of assessments, for the maintenance of parkway landscaping, street lighting, and if requested by the City Council, parks for the provision of special benefits conferred by same, upon properties within the Project. Developer further agrees to obligate the property owners association to provide for maintenance of parkway landscaping and street lighting in the event the aforementioned assessment district is dissolved or altered in any way by a ballot election of property owners, or if the assessment district is invalidated by court action. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 145) Citywide Traffic Mitigation Fee - As a condition of the issuance of a building permit for each residential unit, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee ") . The Citywide Traffic Fee may be expended by the City in its sole and unfettered discretion. On the effective date of the Development Agreement, the amount of the Citywide Traffic Fee shall be $3,000 per dwelling unit. Commencing January 1, 2001, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record and that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount, until such time as the next subsequent annual indexing, which results in an increase. Any Citywide Traffic Fee still due at the time the City, Caltrans, private developer with the City's approval, or any other M.APP'ORTERUMTT5204PG -M11 PACCOMM CONDITIONS.DOC C v Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 34 public or public or private entity awards a contract to construct an underground rail crossing west of Gabbert Road, shall be paid at the then applicable rate, within ninety (90) days of said contract award. 146) As a condition of issuance of building permit for each dwelling unit within the boundaries of the Property, Developer shall pay City a development fee as described herein (the "Development Fee "). The Development Fee may be expended by City in its sole and unfettered discretion. On the Operation date of this permit, the amount of the Development Fee shall be two thousand six hundred fifty ($2,650). The fee shall be adjusted annually (commencing one (1) year after the first residential building permit is issued within the Project) by any increase in the Consumer Price Index (CPI) until all fees are paid. The information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month which is four (4) months prior to the month in which the project is approved by the City Council (e.g., if approval occurs in June, then the month of February is used to calculate the increase). 147) Affordable Housing - The affordable housing obligation for Residential Planned Development Permit No. 99 -4 shall be fifteen (15 %) of the approved number of dwelling units to be sold to persons /families at the moderate income level. The size of the dwelling units for the referenced affordable housing units shall be no less than seventy -five percent (75 %) of the average size of the other dwelling units approved by the City for Residential Planned Development Permit No. 96 -1. The sale of the referenced dwelling units shall be subject to the applicable provisions of the Affordable Housing Implementation and Resale Restriction Plan referenced in Section 6.10 of the Development Agreement by and Between the City of Moorpark and MP Group, LLC relating to Corte Bello (RPD 96 -1) relative to resale and other provisions as determined by the City at its sole discretion so the City may require a portion of the difference between the then market sales A WPORTERIAATT5204WC -Mll PACCOMM CONDITIONSWC v v ! Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 35 price and the actual amount be paid the City at the time original purchaser sells the dwelling unit. The initial sales price, location of the units, buyer eligibility, resale restrictions, respective role of the City and the Developer, and any other item determined necessary by the City shall be set forth in the Affordable Housing and Implementation and Resale Restriction Plan, which shall be approved by the City Council prior to recordation of the first final Tract Map for this project. The Developer and City shall, prior to occupancy the first residential unit for the Project, execute an Affordable Housing Agreement that incorporates the Plan in total and is consistent with this Agreement. The Developer shall pay to the City the amount of five thousand dollars ($5,000) for the City's cost to prepare the affordable housing plan and agreement required pursuant to this condition. 148) Submittal of Landscape Plans - 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 (3) 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. M.IPPORTERIMITT5"PC -M11 PACCOMM CONDITIONS.DOC % a u,178 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 36 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. 149) 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. 150) The following notes shall be included on the plans and shall be project conditions: a) All plant material shall conform to the current issue of the American Standard for Nursery Stock, published by the American Association of Nurserymen. b) 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. c) Prior to final inspection by the City of Moorpark, the applicant shall provide a written certification for the operation of the backflow device. 151) Unless otherwise approved, all open parking areas shall have fifty percent (50 %) canopy coverage by broadleaf canopy shade trees. Shade coverage is defined as the maximum canopy area created by a tree at fifty percent (50 %) maturity. 152) The planting plan shall indicate the proposed locations of light standards. The lighting and tree locations shall be designed to avoid conflicts. MAPPOR7ERM7T5204WC -OO I I PACCOMM CONDITIONS.DOC ���V79 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 37 153) All backflow preventers, transformers, and other above - grade utilities, shall be appropriately screened with walls and /or plantings. 154) The planting and irrigation design shall comply with the State of California, Model Water Efficient Landscape Ordinance. 155) 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. 156) Subsequent to occupancy, the landscaping shall be maintained in accordance with the approved Maintenance Plan. 157) The landscape plan shall include planting and irrigation specifications for manufactured slopes and all common areas. 158) 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. 159) In the area of future buildings not under construction, turf and irrigation shall be installed. 160) The final landscape plans shall include landscaping specifications, planting details, and design specifications, consistent with the following requirements: a) The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. b) All plant species utilized shall not exceed the Irrigation Water Allowance, as discussed in the State Model Water Efficient Landscape Ordinance. c) Landscaping at site entrances, 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. M:IPPORTERVATT52041PC-000911 PACCOMMCONDMONS.DOC Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 38 d) Plantings in and adjacent to parking areas shall be contained within raised planters, surrounded by six - inch high concrete curbs. e) Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. f) Earthen berms and /or low walls shall be provided to screen views of parked vehicles from access roads. g) 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. h) A coordinated tree planting program shall be developed which will provide a dominant theme tree within the components of the proposed development. i) 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. j) Exotic plants original plant Pampus Grass, be used. k) The applicant areas for the available. which are known to spread beyond their sings and invade native habitats such as Spanish Broom, and Tamarisk, shall not shall install purple pipe in all common purpose of using reclaimed water, when 1) Additional landscaping shall be added to the site to compensate for the dollar value loss of the existing trees to be removed from the site. 161) Construction Access Plan - The applicant shall submit a Construction Access Plan to the Department of Community Development for review and approval by the Director of Community Development. U PPORTERIMITT52WC -Mll PACCOMMCONDITIONS.DOC Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 39 162) Zoning Clearance - 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 ". 163) Submittal of Construction Drawings - 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. 164) Revisions to Plans - 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. 165) An eight (8) foot high slump block masonry wall, in a color selected by the Director of Community Development, shall be constructed along the northern property line of the project, adjacent to the commercially zoned property. The mortar shall match the color of the wall. 166) All driveways to the residential units shall have a minimum of twenty (20) feet long aprons. 167) Subject to review and approval of the Director of Community Development, the following changes in floor plans may occur for Affordable Housing units: M:IPPORTERUMTT52011PC -M11 PACCOMMCONDITIONS.DOC � v�1S2 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 40 a) Two (2) of the thirteen (13) Type 1 floor plan units, designated on the RPD for very low income units, may be re- designated as Type 3 floor plans. b) Fifteen (15) of the thirty -five (35) Type 3 floor plan units, designated on the RPD for moderate income units, may be re- designated as Type 4 and /or Type 5 floor plans. 168) Trees - Any removal of trees and the method of tree replacement shall be approved, by the Director of Community Development, as part of the landscape plan submitted by the applicant. 169) Outstanding Case Processing Fees - 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. 170) Traffic System Management Contribution - Prior to the issuance of a Zoning Clearance for construction, the permittee shall make a total contribution to the Moorpark Traffic Systems Management Fund (TSM) of $1,288.87 per unit, to fund TSM programs or clean -fuel vehicles programs, as determined by the City. 171) Vector Control Plan - Prior to the issuance of a Zoning Clearance for construction, the applicant shall obtain approval of a Vector Control Plan from the City. 172) Performance Bond - 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 sixty (60) days of issuance of a Certificate of Occupancy within each phase of development. MAPPORTERIMiTT52041PC -MI I PACCOMM CONDITIONSWC li v �s Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 41 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 (1) 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. 173) Vents and Metal Flashing - All roof vents and metal flashing shall be painted to match the roof color. All deck drains shall drain to the side and not face the private street. 174) Locked Gated Access to Flood Control Channel - The gated- access to the flood control channel shall be locked at all times to prevent permanent access, unless otherwise authorized in writing by the City. 175) Garage Size - Individual garages shall be a minimum, inside dimensions of 20 feet in length and 20 feet in width, with a minimum interior height of 8 feet. 176) Adjacent Property Walls and Fences - All property line garden walls or wrought iron fences shall be no further than one (1) inch from the property line. 177) Provision for Image Conversion of Plans into Optical Format - 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. 178) Cable Service - 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. 179) Color of Exterior Building Materials - All exterior building materials and paint colors shall be those that M:IPPORTERLM7T52WC -M911 PACCOMM CONDITIONS.DOC C v V IS Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 42 were approved, per the exhibits, to the Department of Community Development. 180) Asbestos - No asbestos pipe or construction materials shall be used. 181) Public Nuisance - 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, 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). PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 182) Will Serve Letter - 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: 183) Completion of Landscaping on Slopes and Front - Landscaping on slopes shall be completed prior to issuance of the first Zoning Clearance for Occupancy and the front yard landscaping shall be completed for each lot prior to it's occupancy. 184) Payment of Fee for Crossing Guard - Prior to the issuance of the first occupancy, applicant shall pay an amount to cover the costs associated with a crossing guard for five (5) years at the then current rate when paid, plus the pro - rata cost of direct supervision for one (1) crossing guard location and staff's administrative costs (calculated at fifteen percent (15 %) of the above costs). 185) Enforcement of Vehicle Codes - Prior to Issuance of a Zoning Clearance for Construction, the applicant shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107.7. M:IPPORTERUMTT52040C-0MlI PACCOMMCONOITIONSAOC Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 43 186) Acceptance of On -Site Improvements - 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 (1) 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. 187) All related perimeter and garden walls shall be constructed prior to the issuance of a Zoning Clearance for occupancy. 188) A six (6) foot high perimeter wall and fence shall be constructed along the Arroyo Simi. The bottom three (3) feet shall be constructed of slumpstone, in a color as determined by the Director of Community Development, with integral color mortar, and the top three (3) feet shall be wrought iron. CITY ENGINEER CONDITIONS: 189) Prior to the issuance of a building permit, the applicant shall have recorded Tract Map 5204. The Conditions of Approval for Tentative Tract Map 5204 shall apply to Residential Planned Development Permit No. 99 -4. 190) An As- Graded Geotechnical Report and Rough Grading Certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 191) A copy of the recorded map(s) shall be forwarded to the M:WPORTERIMI75204WC-000911 PACCOMM CONDITIONS.DOC C v V V G Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 44 City Engineer for filing. 192) A final grading certification shall be submitted to and approved by the City Engineer. 193) All existing and proposed utilities shall be placed underground, as approved by the City Engineer. The four (4) power poles along the Liberty Bell Road frontage, shall be removed prior to issuance of a Certificate of Occupancy. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 194) Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 195) The Subdivider /Developer shall file for a time extension with the City Engineer's office, at least six (6) weeks in advance of expiration of the agreement, to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 196) All surety guaranteeing the public improvements shall remain in place for one (1) year following acceptance by the City. Any surety that is in effect three (3) years after final map approval or issuance of the first building permit, shall be increased an amount equal to or greater than, the Consumers Price Index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like - manner, each year thereafter. 197) Original "as built" plans will be certified by the Developer's Civil Engineer and submitted with two (2) sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction, on sheets larger than 22" X 36 ", they must be resubmitted as "as built" in a series of 22" X 36" mylars (made with proper overlaps), with a title block on each sheet. Submission of "as built" plans is required before a final inspection will be scheduled. WATERWORKS DISTRICT NO. 1 CONDITIONS: 198) Developer may be required to loop the water lines to provide for an alternate source of water supply as the M.WPORTERUMTT52041PC -Ml I PACCOMM CONDITIONS.DOC Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 45 proposed site currently has one -way feed for the water supply. 199) Water and sewer improvement plans shall be prepared in accordance with district standards. Sample format is available at the Water District upon request. Submit three (3) sets of plans. 200) The following items shall be provided: a) Hydraulic analyses by a registered Civil Engineer to determine the adequacy of the proposed and existing water lines, water storage facilities and sewer lines. b) Copy of the approval by the County of Ventura Fire Protection District, on the location of the fire hydrants. c) Sealed copy of "Memorandum of Understanding" and "Proof of Payment of the Capital Construction Charge" from Calleguas Municipal Water District. d) Cost estimate for water and sewer improvements. e) Grading, drainage and street improvement plans. f) Tract Map showing water and sewer easements, dedicated to the District. 201) Signed "Contract to Install," and Surety Bond. 202) The applicant shall comply with the applicable provisions of the District Rules and Regulations. FIRE DEPARTMENT CONDITION 203) The Conditions of Approval for Tentative Tract Map No. 5204 shall apply to Residential Planned Development Permit No. 99 -4. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS: 204) Applicant shall pay the current developer fee as determined by the Moorpark Unified School District. 205) The applicant shall establish a safe student /pedestrian thoroughfare. M.- PPORTERM752041PC -MI I PACCOMM CONDITIONS.DOC Ic �t1�8 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 46 AIR POLLUTION CONTROL DISTRICT CONDITIONS: 206) All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (ie. greater than 20 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. 207) 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. 208) All unpaved, on -site roads shall be periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 209) The area disturbed by clearing, grading, earth moving, or excavation operations, shall be minimized, to prevent excessive amounts of fugitive dust. 210) All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 211) On -site vehicle speeds shall not exceed 15 miles per hour. 212) Equipment engines shall be maintained in good condition and in proper tune, as per manufacturers specifications. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS ( VCFCD): 213) All connections to the Arroyo Simi shall be subject to review, approval and permitting by the VCFCD. The development shall limit the discharge to the Arroyo Simi to a 10 -year flow rate. There shall be no discharge from the development, to the Shasta Drain. Deed restrictions shall be placed on the property to ensure maintenance of storm drainage facilities, discharging to the Arroyo Simi. 214) The development shall be undertaken in accordance with the conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, National Pollutant Discharge Elimination System (NPDES) Permit No. CAS063339. Any existing or proposed drain connections to VCFCD jurisdictional facilities will require application of appropriate Best Management Practices (BMPs), such as; M.iPPORTERIMUT5"PG4W911 PACCOMMCONDITIONS.DOC CIC"0189 Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 47 filters, landscape areas for filtration, and /or basins installed to treat stormwater runoff, prior to its discharge to the storm drain system. The project construction plans shall incorporate the BMPs applicable to the development for the review and approval of VCFCD. 215) The proposed flood control right -of -way shall be dedicated in fee to the VCFCD. 216) Drainage shall be installed along the proposed right -of -way to collect and direct flow to a single discharge point. 217) A Hydrology and Hydraulic Report is required, to analyze the impact of the development on the capacity of the Arroyo Simi. A Channel Stability Study should also be included in the report. Channel improvements may be required to improve the Arroyo's existing condition and to mitigate the impact of the development. a) An Encroachment Permit is required for any improvement in the District's right -of -way. b) The project is subject to the requirements and the mitigation measures of the Countywide Stormwater Quality Management Program. All necessary facilities to treat the entire first flush, stormwater pollutant load from the site, must be provided prior to discharge to VCFCD channel. COUNTY OF VENTURA ENVIRONMENTAL HEALTH DIVISION CONDITIONS: 218) Prior to issuance of a Building Permit to the recreation area of the project, the applicant shall obtain plan check approval of the swimming pool from the County of Ventura Environmental Health Division. 219) Environmental Health Records indicate that the proposed development may be on, or a part of the formal disposal site identified as "S.K. Egg City," SWISS #56 -CR -0040. In accordance with Title 27, Section, 211900 California Code of Regulations, all proposed post - closure land uses, other than non - irrigated open space, shall be submitted for review to the LEA, Regional Water Quality Control Board, Local Air District, and the Local Land Use Agency. Further, no remedial action, construction of structures within 1,000 feet of the solid waste disposal site, or removal of solid MVP0RTERIMITT5204PC,M11 PACCOMM CONDITIONS.DOC Planning Commission Conditions Vesting Tentative Tract Map No. 5204 Residential Planned Development Permit No. 99 -4 Page 48 waste are to be conducted at this site, until the proposed post- closure land use is approved by the LEA. Contact Barry Marczuk at (805) 654 -2859 to discuss the project and specific State of California post- closure requirements. M..APPORTER4MM204PC-000911 PACCOMMCONDIPONS.DOC C OC",0 191 ITEM 9. City of Moorpark Community Development Department Staff Report PLANNING COMMISSION MEETING DATE: September 11, 2000 AGENDA ITEM NO.: RPD 99 -4 Residential Planned Development Permit for VTT 5204 thirty seven (37) freestanding single family residential units; Vesting Tentative Tract Map to create 37 residential lots. IAPN 506 -0- 050 -505 CEQA Mitigated Negative Declaration APPLICANT: Pacific Communities ENVIRONMENTAL ASSESSMENT: A Mitigated Negative Declaration has been prepared and is subject to the recommendation of the Planning Commission and final action of the City Council. LOCATION: The project is located south of Los Angeles Avenue on the west side of Liberty Bell Road adjacent to and north of the Arroyo Simi. Assessor Parcel No.: 506 -0- 050 -505 AK We& ST u POO OKea $I_ 'I Y h�0 ST 5' �T < AVER �albn Bd PRaarol7+a, a QO Cr Plain rows hMr► < 4NGELES or A AVE , s" ,aamrx[ sr S 1 JS ALO c«K.► sdva Dew SITE --� � co oo"R" :: , cwocs� M"Snc Cr 80MCM sr aKvrr� ;.; 's +* A,.oro sari ............. v.a.*— ey.� 00wooe — Arroyo Vista Community Pork do ......... ........................... Recrentinn Cenly RECOMMMMATION SUMMARY: Continue public hearing to September 25, 2000 MAPPorterW t52041sr.pc.doc ATTACHMENTO jim ,� ;� (1119 2 Planning Commission Staff Report September 11, 2000 Applicant: Pacific Communities Page No. 2 BACKGROUND AND PRIOR ACTIONS: No development permits are on record as having been issued for the site; however, in the past the site was used for farming and as an egg farm. This development proposal consisting of thirty seven (37) lots for development of single family detached residential units and is an expansion of the project to the west consisting of Vesting Tentative Tract No. 5053 and Residential Planned Development Permit No. 96 -1 which was approved by the City Council, for the same applicant (Resolution No. 99 -1621) on June 16, 1999• for 247 detached single family residences on compact lots. On March 17, 1999 the City Council agreed to consider a General Plan Amendment for this property. Pursuant to a Development Agreement between the City and the Applicant executed on June 16, 1999, the developer agreed to address the affordable housing obligation on this subject site by providing fifteen (15 %) percent of the approved dwelling units to be sold to persons /families at the moderate income level should the City Council approve the General Plan Amendment for a residential land use designation of either Medium or High with accompanying Residential Planned Development Permit, zoning, and Tract Map. SETTING: The site is situated adjacent to the Arroyo Simi which is channelized at this location and flows southwesterly through the Little Simi Valley. The topography of the parcel is relatively level with a slight southerly trending slope toward the Arroyo Simi. Soils are comprised of deep, Holocene period alluvium deposited by the Arroyo Simi. Nearly all native vegetation has been removed during the early part of the 20th century when dry farming agricultural operations were established. ORDINANCES AND POLICIES: The City's Subdivision Ordinance requires the filing and approval of a Vesting Tentative Tract Map to subdivide land into more than four (4) lots. Section 17.20.050 of the City's Zoning Ordinance requires a Planned Development Residential Permit when creating five or more separate residential lots in the R -1 Zone. Section 17.32 of the Zoning Ordinance establishes standards for parking and Section 17.36 specifies the RPD permit standards. �'�0193 Planning Commission Staff Report September 11, 2000 Applicant: Pacific Communities Page No. 3 GENERAL PLAN/ ZONING DESIGNATION: Direction General Plan Zoning Land Use Site: C -2 CPD Undeveloped North: C -2 CPD Car Wash South: OS -2 0 -S Arroyo Simi East: H RPD Single Family (approved) West H &OS -2 RPD &OS Single Family Residential Definitions: General Plan, H = High Density Residential, 7 units /acre maximum), C -2 = General Commercial, OS -2 = ldu /40 acres;. Zoning definitions, RPD = Residential Planned Development, CPD = Commercial Planned Development Permit, 0 -S = Open Space. PROJECT DESCRIPTION: Residential Planned Development 99 -4: is a request for approval to construct thirty seven single family detached homes on compact lots. The breakdown of the homes include the following: Plan 3 4 5 6 7 8 Total Type No. of 5 6 5 7 10 4 37 Units Size of 1,801 1,819 2,007 2,166 2,260 2,549 N/A Unit Story 2 2 2 2 2 2 N/A BR /BA 4/2.5/2 4/2.5/2 4/3/2 4/2.5/2 5/2.5/2 5/3/3 N/A Garage Vesting Tentative Tract Map No. 5204; for a subdivision j- approximately 4.8 acres into thirty seven (37) residential lots and three (3) lettered lots with lot sizes ranging from 3,002 to 6,07 sq.ft. with the average lot size being approximately 3,400 square feet. By way of comparison, a typical lot size of homes located --- the west of the project are typical of those proposed for t site. DISCUSSION: Applicant is proposing to develop thirty seven (37) single fam-*- . residential detached dwelling units on compact lots which are the same architectural design, floor plan and site placement applicants recently approved project abutting this site to west. The residences will be part of the same homeowner'-s association as the adjacent project, will have access to t:-. C��i.34 Planning Commission Staff Report September 11, 2000 Applicant: Pacific Communities Page No. 4 previously approved recreational facilities and will utilize the same access points. Access: Three access points will be provided to this site. The first will be provided from Liberty Bell Road via Arroyo Trails Avenue which will also provide access to other project phases west of this project. Additional access to this project will be from Los Angeles Avenue occurring across from Shasta Avenue and Goldman Avenue. The signalized access to Liberty Bell Road for Residential. Planned Development Permit No. 96 -1 will serve to minimize peak hour congestion at the two access points on Los Angeles Avenue and to provide a second signalized left turn pocket for west bound trips to gain access on Liberty Bell Road onto the site. Parking: Chapter 17.32 of the Zoning Ordinance establishes standards for parking. The parking requirements of the Zoning Ordinance requires a total of 74 garage parking spaces and 38 visitor parking spaces for a total of 111 parking spaces for the project. The site plan as proposed provides for 74 parking spaces within two car garages, 74 guest parking spaces in the driveway area and additional on- street parking spaces between driveways to individual dwellings. Therefore, sufficient parking is proposed in excess of Ordinance Requirements. Proposed Landscaping: Section 17.36.030 of the Municipal Code does not specify a requirement for a minimum landscaped setback. A conceptual landscape plan was submitted which was prepared by LDA Associates, Inc. which is consistent with the landscaping plan for the approved residential project contiguous and west of this project. Fences and Walls: The fence /wall scheme will be a repeat of the approved plan for RPD 96 -1 which will include an eight (8) foot high screen wall located between this project and the car wash, a six (6) foot slump block property line wall separating rear property lines and a three (3) foot slump block wall with three (3) foot wrought iron fence on top along the Arroyo Simi. Fences and /or fencing gates on side yards C C 10 -19S Planning Commission Staff Report September 11, 2000 Applicant: Pacific Communities Page No. 5 will be constructed of wrought iron spaced at 4" on center. This will allow for detection of intruders by neighbors. Building Height: The criteria contained within the development standards in Section 17.24.020.A limits the height of single family residential structures to no more than 2518 ", unless each side yard is fifteen (15) feet or greater, in which case the height limit may be as much as thirty -five (35) feet. The proposed two story dwellings will have a maximum height of approximately 25 feet which is consistent• with the Ordinance limitation. Should the project be approved, staff suggests adoption of a condition limiting the maximum height based upon the proposed architecture and floor plans to 25' and this has been included as a condition in the attached Planning Commission Resolution. Setbacks: Chapter 17.36 of the Municipal Code requires minimum setbacks unless modified by the City Council. Consistent with Pacific Communities' project to the west, this project does not meet the minimum required setbacks, which are: 1. Second story with windows setback 10 feet from interior property lines. 2. Average front yard setback of 20 feet (20 foot minimum required). Small lot projects such as this proposal will seldom achieve the Ordinance criteria related to setbacks for typical subdivisions where larger lots are established. The applicant has reduced site exposure of second story windows abutting other residences which reduces the intrusion on adjacent units by orienting floor plans to minimize bedroom windows facing each other. In addition, all garages for the project maintain a twenty (20) foot setback to allow for automobiles to park within the driveway apron. Architectural Style: The architectural style of this project is Spanish Eclectic (variety of styles) and is the same as approved for Residential Planned Development 96 -1 (contiguous to the west of this project). The elevations will have several relief features, including surrounding trim at windows and entry doors, decorative concrete barrel roof tile, wood framed pot shelves with brick trim, wood Cv *J19V Planning Commission Staff Report September 11, 2000 Applicant: Pacific Communities Page No. 6 shutters, exposed rafter tails, wrought iron accents, decorative corbels and other architectural features with various color combinations to vary the appearance. Patio Covers: Based upon the proposed depth of the rear yards (approximately 15 feet), patio covers will be severely limited in size since the minimum rear yard setback for a patio cover is ten (10) feet. Many of the yards shown have less than a fifteen (15) foot rear yard, setback, which will further limit the size of a patio cover to five' (5) feet in depth. The Council has previously approved a Minor Modification (RPD 89 -4 Mirabella) for a decrease in the minimum required setback for patio covers. Staff suggests that a condition be included on this project similar to that approved for Mirabella requiring the following for placement of patio covers: Rear yard setback: Minimum five feet for the post allowing the lattice cover overhang to come within three (3) feet of the rear yard wall or property line. Side yard setback: Minimum five (5) foot setback for the post allowing the lattice cover overhang to be within three (3) feet of the side yard wall or property lines. Patio Height: The patio cover including supporting posts or beams may not exceed a height of twelve (12) feet. Patio area: The total area of the patio cover may not exceed more than 40% of the rear yard area. Similar to the Pacific Communities project to the west (Residential Planned Development Permit No. 96 -1), the project, staff also suggests prohibiting enclosed patios, patio walls greater than 42 inches high, patio covers with solid roofs and second story decks. Recreational Areas: Two recreational areas will be available which were approved for Residential Planned Development No. 96 -1, one of which will be located on the south side of North Street at the terminus of Shasta Avenue. This recreational area will include a building with a shower and restroom facility, as well as an exercise room. The Planning Commission Staff Report September 11, 2000 Applicant: Pacific Communities Page No. 7 outside facilities will include: a pool, spa, tot lot and a recreational court. The second recreational area will consist of a tot lot area. The type of equipment in this area will contain items such as a swing, slide, climber and sandbox. Site Improvements /Public Improvements: The City Engineer has conditioned the project to provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate site drainage. In addition, the applicant is being required to make the following street improvements: Liberty Bell Road will be improved along the property frontage with a half right -of -way width of 30 feet and a half pavement width 20 feet. The parkway will be 6 feet wide and located adjacent to the curb with a 5 -foot wide sidewalk. The design of Liberty Bell Road will provide access to both the City property and the Ventura County Flood Control Property with no reduction in the City -owned parking area. Access to Ventura County Property shall be restricted by a locked gate meeting Ventura County Flood Control Standards and approval. Trailway Court will be designed with a total right -of -way width 44 feet with a pavement width of 36 feet and sidewalk located adjacent to the curb. Arroyo Trails Avenue will be designed with a total right -of- way width of 44 feet, a pavement width of 36 feet and sidewalk located adjacent to the curb. The Developer is required to record a covenant, running with the land, to the City of Moorpark acknowledging that the interior private street right -of -way is not per City standards. As such, the street right -of -way not be offered to the City until the right - of -way is brought into compliance with City standards. Streetlights are also being required to be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. Streetlights shall be finished with cut -off lenses. Affordable Housing: Section 33413(b)(2)(A)(i) of the State Redevelopment Code requires residential projects in a Redevelopment Area to dedicate no less than 15% of the total number of units for affordable housing for persons of Low or Moderate income. Pursuant to Section 1.11 of the Planning Commission Staff Report September 11, 2000 Applicant: Pacific Communities Page No. 8 Development Agreement between the City and the Developer, the affordable housing obligation shall be fifteen percent (15 %) of the approved dwelling units to be sold to persons /families at the moderate income level The sale of these units are subject to the same applicable provisions of the Affordable Housing Implementation and Resale Restriction Plan referenced in Section 6.10 of the Development Agreement. SERVICES: Services that will be provided to the subject property include: a. Water and Sanitation - The Ventura County Waterworks District No. 1 has indicated that water and sanitation service is available for the proposed project. The developer will be required to enter into an agreement to install all necessary water and sewer improvements, pay all applicable fees and comply with the District's rules and regulations. b. Schools - The Moorpark Unified School District will be serving this development. Developer Fees will be required to secure classroom availability. The school district is also requesting that a bus turn -out be located along the southern side of Los Angeles Avenue (Highway 118) between the cross streets of Goldman and Shasta Avenues. The bus turn -out is shown on the attached plans for the project. C. Fire Department -The Fire Department has stated that adequate services can be provided to the proposed development based upon the conditions they have recommended, including imposition of developer fees and tract improvements. d. Police Department - Police Department recommended conditions have been incorporated into the conditions of approval fou in the attached Planning Commission resolution. OTHER AGENCY REVIEW: All conditions of Approval from Agencies and Departments that h� reviewed the Vesting Tentative Tract Map and Residential Plan : :: Development Permit have been incorporated into the Conditions Approval for Vesting Tentative Tract Map No. 5204 and Resident-'3_ Planned Development No. 99 -4. C�U.IL)9 Planning Commission Staff Report September 11, 2000 Applicant: Pacific Communities Page No. 9 GENERAL PLAN CONSISTENCY: Land Use Element The current General Plan of C -2 and Zoning designation of CPD on this property does not allow for residential uses. However, should the City Council approve General Plan Amendment No. 99 -2 changing the Land use designation to VH (Very High Density 15 units per acre) and Zone Change No. 99 -4 to RPD (Residential Planned Development), this project will be consistent with the Land Use Element of the General Plan. Therefore, it is recommended that' action not be taken on the Vesting Tentative Tract Map and Residential Planned Development Permit until the Planning Commission makes a recommendation to the City Council on General Plan Amendment No. 99 -2 and Zone Change No. 99 -4. The proposed project is consistent with the Land Use Element of the General Plan in that: the proposed development is situated in a designated growth area; the project will serve to provide a balance between the proposed residential density, employment opportunities and neighboring commercial development along Los Angeles Avenue; the design of this project acts as a buffer to the lower density residential development located to the west; and as conditioned, the development will be provided with adequate public services, including streets, schools, police and fire protection. Housing Element The stated purpose of the Housing Element (adopted November 1989) is to identify local housing problems and needs and take steps to mitigate and alleviate these needs and problems for all economic segments of the community. The proposed project is consistent with the goals, policies and objectives of the Housing Element. Specifically, this development will help to satisfy a need for moderate income housing units in the community through its proposal to include these units to be sold to families of moderate income. This proposal will add significantly toward achieving the City's goal of providing housing opportunities for all segments of the population and for a variety of economic levels in proximity to jobs, schools and shopping facilities. Additionally, this project will help to balance employment opportunities with the provision of affordable housing. C rI-111 V loco 6 Planning Commission Staff Report September 11, 2000 Applicant: Pacific Communities Page No. 10 Circulation Element The proposed project is consistent with the Circulation Element which includes policies that require the mitigation of off -site traffic impacts and that requires residential streets to be designed to discourage pass- through trips. ENVIRONMENTAL DETERMINATION: Pursuant to California State law, an evaluation has been conducted to determine if the project will have a significant effect on the environment, and based upon an Initial Study and analysis of available information, it was found that there is substantial evidence that the proposed project with mitigation measures will not have a significant effect on the environment, therefore a Mitigated Negative Declaration with a Mitigation Monitoring Program is intended to be adopted in compliance with the State of California Environmental Quality Act Guidelines. RECOMMENDATION: Open the public hearing, accept public testimony and continue the public hearing to September 25, 2000. ATTACHMENTS: 1. General Plan Map 2. Zoning Map 3. Mitigated Negative Declaration, Initial Study & Mitigation Monitoring Program 4. Draft Resolution with Conditions 5. Project Exhibits .'� ;ATTACK�hEN-1 Jl A WWLU ���. taw � .•, � ■ill /±� . v� ■nllrililrl t.� 1 ■■■■■ --,r —T ...�.�. . .r...fi..... ' ` ■���� i�d /.i :. r�.I::�.Jv! ri1�� i,.Lr' ■L7dt ■ ■' 1..�,..�..,�_ t� � _�; I'm ,� 0 2 C _r sr�e �,- +•+ 1 •b151f111fR1 ����5 •� 1 I t1.:■ ■ °� ■11 \111 ■131�1iRi ,.. .�. t��llrjs 1 ! - -' -■ ■ � �Iq! 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A Residential Planned Development application, RPD 99-4, will establish the design and control of the 37 freestanding single family residential units planned for the site. Proposed units will range from 1,801 to 2,549 square feet in size. The proposed project which will be an expansion to Tentative Tract Map No. 5053 and Residential Planned Development Permit No. 96 -1 which is located adjacent to and westerly of the this proposed project. Residential Planned Development 99-4 and' Vesting Tentative Tract Map No. 5204 will include an additional 37 units for a total of 284 single family dwelling units. These two combined projects have three access points two along Los Angeles Avenue and one at Liberty Bell Road. The architectural style of this project remains as Spanish Eclectic (variety of styles of Spanish architecture) with six models. The elevations will have several relief features, including window surrounds on windows visible from the streets (all windows should include surrounds), decorative entry doors, concrete barrel roof tile, wood framed pot shelves with brick trim, wood shutters, exposed rafter tails, wrought iron accents, decorative corbels and other architectural features with various color combinations to vary the appearance. An agreement for affordable housing participation has been established between the applicants and the City. PROJECT LOCATION: The project is located north of the Arroyo Simi, west of Liberty Bell Road and south of Los Angeles Avenue, Assessor Parcel No. 506 -0-050 -505 PROJECT PROPONENT: The project is being proposed by: Pacific Community Builders 1000 Dove Street Newport Beach, Ca. 92660 PURPOSE: The purpose of this Mitigated Negative Declaration (MND) is to focus upon environmental impacts of the project identified by the Initial Study. Some impacts may PACIFIC COMMUNITY BUILDERS MITIGATED NEGATIVE DECLARATION August 10, 2000 Page No. 2 C:�iY 2 05 require special mitigation to ensure that impacts to the community or the project area are reduced to a level of insignificance. Some impacts when individually considered may not create significant adverse impacts, but when taken cumulatively may be significant enough to warrant changes in the project design or implementation of mitigation measures to reduce impacts to a level below significant. The City of Moorpark has the principal authority to approve the project as the lead agency for preparing and adopting this MND. The information contained in this document is intended to assist decision makers in reaching conclusions concerning the environmental impacts of this project. ENVIRONMENTAL PROCEDURES: This MND is consistent with the California Environmental Quality Act (CEQA) 1970 as. amended (Public Resources Code 21000 et.seq.), the State Guidelines for Implementation of CEQA (California Administrative Code 15000 et. seq.), and the City of Moorpark Rules to Implement CEQA (Resolution 92 -872). TECHNICAL STUDIES. The following technical studies were prepared for the project. 1. EIR for Moorpark Land Use and Circulation Element of Influence Expansion Study (1992). ate and Sphere 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. PACIFIC COMMUNITY BUILDERS MITIGATED NEGATIVE DECLARATION August 10, 2000 Page No. 3 C'\-"' V 2 0 6 Project Technical Study References 11. Geotechnical Investigation Report dated March 29, 1999 by G.A. Nicoll and Associates, Inc. 12. Traffic Analysis dated March 31, 1999 prepared by RKJK (Robert Kahn, John Kain and Associates, Inc. EFFECTS FOUND NOT TO BE SIGNIFICANT: NO IMPACT Aesthetics: The project site does not involve scenic resources of the community. Agricultural Resources: The project occurs as an in -fill project in the urban core with no adjacent or abutting agricultural uses, and there are no agricultural uses on the site. Cultural Resources: Professional site investigations and literature reviews show no archeological or cultural resources exist or are likely to exist on the site, and no further work is required. Mineral Resources: No SMARA resources have been identified in association with the project site. Impacts to regional resources will not occur nor will an impact to the capacity of existing resources occur. Population and Housing: The project will be consistent with General Plan build out and land use development for the project area upon approval of a an amendment to the Land Use Element Map and a Zone Change to allow for residential development. Recreation: The project will construct on -site facilities to serve the residences of the complex as part of the previously approved project west of the proposed project (Residential Planned Development Permit No. 96 -1).. Impacts to community parks and recreation can be mitigated through the payment of mitigation fees. Biological resources: No suitable wildlife habitat was identified for this site. EFFECTS FOUND TO HAVE LESS THAN SIGNIFICANT IMPACT: The following was found to have some impact, but the level of impact is less than significant due to requirements to meet mitigation criteria within an existing ordinance or adopted code. PACIFIC COMMUNITY BUILDERS MITIGATED NEGATIVE DECLARATION August 10, 2000 Page No. 4 EFFECTS FOUND TO BE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATION: The following areas have been found to have impacts upon the project area or community and are considered significant adverse effects unless the mitigation measures provided are implemented and adhered to: Hazardous Materials: Environmental Health records indicate that the proposed development may be on or a part of the formal disposal site identified as "S.K. Egg City," SWISS #56 -CR -0040. In accordance with Title 27, Section, 21190© California Code of Regulations, all proposed post - closure land uses, other than non - irrigated open space, shall be submitted for review to the LEA, Regional Water Quality Control Board, Local Air District, and the local land use agency. Further, no remedial action,• construction of structures within 1,000 feet of the solid waste disposal site, or removal of solid waste are to be conducted at this site until the proposed post- closure land use is approved by the LEA. Air Quality: The project will contribute incrementally to the reduction in air quality within the region and the community. While the direct impacts of an 37 unit project may be less than significant on its own, the cumulative effect of this project with other projects known to be in development or pending development create significant impacts for which mitigation is necessary. Mitigation Measures: 1. Prior to issuance of a Zoning Clearance for construction of the residential units, the applicant shall pay an in -lieu fee for mitigation of air quality impacts generated by the project. The fee shall be as designated by any City policy or precedent for similar developments. 2. The applicant shall ensure that fixed source contributors to air impacts such as structures, heating equipment for project recreational pools or spas, and mechanical equipment venting provides the maximum reduction in expulsion of pollutants. 3. The applicant shall submit a dust control plan for the site acceptable to the City concurrent with any preliminary (rough) grading plan. The dust control plan shall address the method and frequency for the reduction of dust nuisances to adjoining property and shall include the periodic sweeping of public streets affected by the earth movement and construction phases of the project. Geology and Soils: The project lies within the area of the Arroyo Simi drainage. The area south of Los Angeles Avenue has a history of high ground water, with some locations experiencing water at depths less than 50 feet below the surface. Given the PACIFIC COMMUNITY BUILDERS MITIGATED NEGATIVE DECLARATION August 10, 2000 Page No. 5 C, "%J0 ©' composition of the soils that underlie portions of the drainage area, there may be susceptibility to liquefaction. The project site lies within approximately 2 miles of the West Simi Valley Alquist Priolo Fault Zone located within the Tierra Rejada Valley southerly of the City, parallel to Tierra Rejada Road. This fault zone was designated under Alquist Priolo on May 1, 1999. Mapping and study of the fault was performed by the State Geologist prior to 1997, with preliminary data available in October, 1997. This fault is capable of producing surface rupture. The magnitude of events on this fault could be expected to be between 6.5 — 7.5. Intense ground shaking is likely from events involving the fault within adjacent City areas. A Preliminary Geotechnical Investigation of the site was conducted by G.A. Nicoll and Associates, Inc.. Several recommendations for grading and stability of the site were• included in that report. Mitigation Measures: 1. Prior to issuance of a grading permit, a geotechnical soils engineer shall determine the extent and depth of soil removal and re- compaction that is necessary to be shown upon the grading plan. The grading plan shall reflect the areas of questionable stability and provide physical correction consistent with the geotechnical findings on file with the City Of Moorpark Community Development Department. 2. Drainage, grading, compaction, foundation and footing specifications and improvements shall be verified and approved by the City Engineer prior to issuance of any building permits for the project to address required mitigation of geotechnical issues identified for the site. 3. The recommendations contained within geotechnical study shall apply to all development upon the parcels or lots created by Tract 5204. 4. All water wells, cisterns or cesspools encountered during grading operations shall be terminated, capped, and or abandoned consistent with best management practices for these uses. The applicants soils engineer shall be responsible to ensure that appropriate actions subject to direction of the local agency having jurisdiction over such use is completed and documentation provided to the Community Development Department. Hydrology and Water Quality: The project will induce areas of impervious materials and will require re- routing of on -site water to approved drainage facilities. During and after construction, significant increase in pollution discharge is expected. Best management practices will be needed to ensure that the level of pollutant discharge is within the acceptable limits under the regional water quality control plan. PACIFIC COMMUNITY BUILDERS MITIGATED NEGATIVE DECLARATION August 10, 2000 Page No. 6 Mitigation Measures: Prior to submittal of a final tract map, the applicant shall design and receive approval by the City Engineer and the Ventura County Flood Control District, for a Stormwater Quality Management Plan for the project site. The Stormwater Management Plan shall incorporate the following mitigation measures as a minimum to control runoff quality into the Arroyo Simi: a. A Stormwater Pollution Prevention Plan meeting State NPDES standards. b. Mitigation measures prescribed by the Ventura County 208 Water Quality Management Plan. C. Federal EPAINOAA guidance measures for coastal nonpoint source pollution, as applicable. d. Applicable measures from the State Municipal Best Management Practices Manual (BMPs). e. Flood control facilities sensitive to surface water quality management issues. 2. Design, construction and maintenance of on -site flood control and storm water systems not dedicated as a portion of the municipal or county district facilities. Transportation and Traffic: A Traffic Analysis was prepared by RKJK (Robert Kahn, John Kain and Associates, Inc.) dated March 31, 1999. The study concluded that the traffic projected for the 284 total units which included this proposed project in addtion to Residential Planned Development Permit No. 96-1 the three access points provided for the projects will be adequate for the traffic generated by the projects. Mitigation Measures: 1. The Developer shall improve Liberty Bell Road along the property frontage. Liberty Bell Road shall be designed per Ventura County standard plate 134A. The half right -of -way width shall be 30 feet. The half pavement width shall be 20 feet. The parkway dimension shall be 6 feet wide adjacent to the curb with a 5 -foot wide sidewalk. All transitions to the commercial property to the north are to be approved by the City Engineer. 2. The Developer shall design a turning area at the south end of Liberty Bell Road which will provide minimum tuming radius equal or greater than the dimensions shown on Ventura County Standard Plate C -2. The design shall provide for access to both the City property and the Ventura County Flood Control Property. No reduction in the City -owned parking area shall be allowed. Access to Ventura County Property shall be restricted by a PACIFIC COMMUNITY BUILDERS MITIGATED NEGATIVE DECLARATION August 10, 2000 Page No. 7 locked gate meeting Ventura County Flood Control Standards and approval. 3. Trailway Court shall be designed per Ventura County Standard Plate 13- 56. With the following exceptions: (a) The total right -of -way width shall be 44 feet. The pavement width shall be 36 feet. (b) The sidewalk shall be 5 feet wide and located adjacent to the curb. The offset cul-de -sac shall be designed to meet the minimum dimensions of the Ventura County Standard Plate C -2 or C -3. The 90° turn shall be designed per plate C-4. 4. Arroyo Trails Avenue shall be designed per Ventura County Standard Plate 13-513. With the following exceptions: (a) The total right -of -way width shall be 44 feet. The pavement width shall be 36 feet. (b) The sidewalk shall be 5 feet wide and located adjacent to the curb. The Developer shall record a covenant, running with the land, acknowledging that the interior private street right -of -way is not per City standard. As such, the street right -of -way will not be offered to the City until the right -of -way is brought into compliance with City standards. 5. The Developer shall pay the Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the developer would not have to pay the AOC fee. 6. The Applicant shall make a special contribution to the City representing the developers pro -rata share of the cost of improvements at the following intersections: Los Angeles Avenue /Gabbert Road ($90,000) Los Angeles Avenue /Moorpark Avenue ($150,000) The actual contribution (pro-rata share shall be based upon the additional traffic added to the intersection. The developer's traffic engineer shall provide the City Engineer a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share ") amount. PACIFIC COMMUNITY BUILDERS MITIGATED NEGATIVE DECLARATION August 10, 2000 Page No. 8 C J-I INITIAL STUDY CHECK LIST ENVIRONMENTAL FACTOR ftftraOl AESTHETICS a) Have a substantial adverse effect on a scenic vista? a b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c)Substantially degrade the existing visual character or 11 quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a)Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as LJ shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use, or 11 a Williamson Act contract? c)lnvolve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Page t siwrkud sgtira,e Wu, E N X X X X X ❑ ❑ x ❑ ❑ x C Ql, 2 12 Would the project? a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c)Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant 1:1 concentrations? e) Create objectionable odors affecting a substantial number of people? BIOLOGICAL RESOURCES — Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and wildlife Service? ip ❑ x q M mpff F01190- X X 0 X X X b) Have a substantial adverse effect on any riparian D 11 habitat or other sensitive natural community D X identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally ❑ ❑ X protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Initial Sh* for TT5204 and RPD 99-4 �t �rvLr1d13 d) Interfere substantially with the movement of any v native migratory fish or wildlife species or with D X established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances ❑ v protecting biological resources, such as a tree El X preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation 11 El El X Plan, or other approved local, regional, or state habitat conservation plan? CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the ❑ 1:1 El v X significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the El 11 El X significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique 1:1 El v X paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those D El 0 v X interred outside of formal cemeteries? GEOLOGY AND SOILS - Would the project:: a) Expose people or structures to potential ❑ ❑ v substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated v a on the most recent Aiquist -Priolo Earthquake Fault X Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. INU Study for Tr5204 and RPO 99-4 3 CC ,Zi4 ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ x ❑ ❑ ❑ x ❑ ❑ ❑ ❑ x ❑ ❑ ❑ x c) Be located on a geologic unit or soil that is ❑ 1:1 El X unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 1:1 El v /� ❑ 18- 1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting El X the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? HAZARDS AND HAZARDOUS MATERIALS — Would the project: a) Create a significant hazard to the public or the 11 ❑ ❑ environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ❑ 1:1 El v X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or 1:1 El 1:1 acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? INU Study for T r52o4 and RPD 99.4 4 d) Be located on a site which is included on a list of ❑ 13 ❑ hazardous materials sites compiled pursuant to X Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use ❑ ❑ v plan or, where such a plan has not been adopted, 11 X within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? D For a project within the vicinity of a private ❑ ❑ ❑ J� v airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere ❑ ❑ v with an adopted emergency response plan or [I X evacuation plan? h) Expose people or structures to a significant risk of ❑ El E3 v X loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste 11 El 11 v X discharge requirements? b) Substantially deplete groundwater supplies or 13 1:1 El v X interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table levels (e.g. the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the ❑ ❑ 1:1 X site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? Initial Sb* for TT5204 and RPD 99.4 (~ �i'0:i d) Substantially alter the existing drainage pattern of the 1:1 site or area, including through the alteration of the X course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm X drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ❑ g) Place housing within a 100 -year flood hazard area mapped on a Federal Hazard Boundary or Flood 1:1 v X El Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? ❑ ❑ 1:1 v X i) Inundation by seiche, tsunami, or mudflow? ❑ v j) Expose people or structures to a significant risk of loss, injury or death involving flooding, including ❑ v X flooding as a result of the failure of a levee or dam? LAND USE AND PLANNING Would the project: a) Physically divide an established community? ❑ 1:1 ❑ v b) Conflict with any applicable land use plan, policy, or ❑ E—] v X regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any Habitat Conservation Plan [HCP] or v Natural Community Conservation Plan [NCCP]? X MINERAL RESOURCES — Would the project: In" study forTT5204 and RPD 99-4 6 :i'7 a) Result in the loss of availability of a known ❑ mineral resource that would be of value to the region El X and the residents of the state? b) Result in the loss of availability of a locally- X ❑ v important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? NOISE -- Would the project result in: a) Exposure of persons to or generation of noise ❑ C] /� v levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ❑ /� v groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient ❑ 1:1 noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in E] v X ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use ❑ a v plan or, where such a plan has not been adopted, 1:1 X within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private El X airstrip, would the project expose people residing or working in the project area to excessive noise levels? POPULATION AND HOUSING — Would the project: INUat Study for TT5204 and RPD 99-4 7 COAO-)�A 8 „Lrtia a) Induce substantial population growth in an area, ❑ ❑ either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? RECREATION - 0 ❑0 ❑M 11 11 El O X ❑ ❑ x ❑ ❑ ❑ x ❑ ❑ El x ❑ ❑ ❑ x ❑ ❑ ❑ x ❑ a) Would the project increase the use of existing 13 neighborhood and regional parks or other E3 X recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? InU sa,dy for rr5ZX and PPD 994 8 C"` 0 * 19 b) Does the project include recreational facilities or ❑ 1-3 1:1 require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? TRANSPORTATIONITRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in ❑ 11 F1 X v relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of ❑ ❑ ❑ v X service standard established by the county congestion ❑ ❑ x ❑ ❑ management agency for designated roads or x highways? ❑ 1:1 �( X ❑ c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design ❑ feature ❑ 1:1 v X (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f)Result in adequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? UTILITIES AND SERVICE SYSTEMS Would the project ❑ ❑ ❑ x ❑ ❑ ❑ x ❑ ❑ ❑ x a) Exceed wastewater treatment requirements of the 1:1 applicable Regional Water Quality Control Board? In'U Study for TT5204 and RPD 99.4 9 ❑ ❑ x V i-+, r^? C..��:�O b) Require or result in the construction of new water ❑ El X or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm ❑ D v water drainage facilities or expansion of existing 1:1 X facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve 1:1 ❑ v X the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater 11 El ❑ v X treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted ❑ ❑ ❑ capacity to accommodate the project's solid waste disposal needs? MANDATORY FINDINGS OF SIGNIFICANCE a) 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? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the 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)? BMW seedy for TT52o4 and RM 9%4 10 Lmoun VM ►■4.." FEWNI Low ftn NO k"Pa" ❑ X 0 c) Does the project have environmental effects ❑ ❑ El xwhich will cause substantial adverse effects on human beings, either directly or indirectly? InidW Study for TT5204 and RPO 99-4 11 Mitigation Monitoring Program Page No. 1 MITIGATION MONITORING PROGRAM FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 99 -4 AND TENTATIVE TRACT MAP NO. 5204 Geologic Mitigation Mitigation Measures: 1. Prior to issuance of a grading permit, a geotechnical soils engineer shall determine the extent and depth of soil removal and re- compaction that is necessary to be shown upon the grading plan. The grading plan shall reflect the areas of questionable stability and provide. physical correction consistent with the geotechnical findings on file with the City of Moorpark Community Development Department. 2. Drainage, grading, compaction, foundation and footing specifications and improvements shall be verified and approved by the City Engineer prior to issuance of any building permits for the project to address required mitigation of geotechnical issues identified for the site. 3. The recommendations contained within geotechnical study shall apply to all development upon the parcels or lots created by Tract 5204. 4. All water wells, cisterns or cesspools encountered during grading operations shall be terminated, capped, and or abandoned consistent with best management practices for these uses. The applicants soils engineer shall be responsible to ensure that appropriate actions subject to direction of the local agency having jurisdiction over such use is completed and documentation provided to the Community Development Department. Monitoring The City Engineer will assure that the recommendations in the reports are adhered to prior to the issuance of a grading permi�. Hydrology Mitigation Mitigation Measures: 1. Prior to submittal of a final tract map, the applicant shall design and receive approval by the City Engineer Cn A-s `r? r 9 . � a �' ili rA.. Mitigation Monitoring Program Page No. 2 and the Ventura County Flood Control District, for a Stormwater Quality Management Plan for the project site. The Stormwater Management Plan shall incorporate the following mitigation measures as a minimum to control runoff quality into the Arroyo Simi: a. A Stormwater Pollution Prevention Plan meeting State NPDES standards. b. Mitigation measures prescribed by the Ventura County 208 Water Quality Management Plan. C. Federal EPA /NOAA guidance measures for coastal nonpoint source pollution, as applicable. d. Applicable measures from the State Municipal Best. Management Practices Manual (BMPs). e. Flood control facilities sensitive to surface water quality management issues. 2. Design, construction and maintenance of on -site flood control and storm water systems not dedicated as a portion of the municipal or county district facilities. Monitoring The City Engineer prior to the issuance of building permits will review plans to ensure they comply with applicable State Municipal Best Management Practices. Air Quality Mitigation 1. Prior to issuance of a Zoning Clearance for construction of the residential units, the applicant shall pay an in- lieu fee for mitigation of air quality impacts generated by the project. The fee shall be as designated by any City policy or precedent for similar developments. 2. The applicant shall ensure that fixed source contributors to air impacts such as structures, heating equipment for project recreational pools or spas, and mechanical equipment venting provides the maximum reduction in expulsion of pollutants. 3. The applicant shall submit a dust control plan for the site acceptable to the City concurrent with any preliminary (rough) grading plan. The dust control plan shall address the method and frequency for the reduction of dust nuisances to adjoining property and shall include the periodic sweeping of public streets affected by the earth movement and construction phases of the project. C., v Ids ti 4 Mitigation Monitoring Program Page No. 3 Monitoring Prior to issuance of a Zoning Clearance for construction, the Department of Community Development will collect a contribution for Transportation System Management. The City Engineer will review and approve a dust control plan prior to commencement of grading operations. Street Improvement Requirements Mitigation Measures: 1. The Developer shall improve Liberty Bell Road along the property frontage. Liberty Bell Road shall be designed per Ventura County standard plate B -4A. The half right - of -way width shall be 30 feet. The half pavement width shall be 20 feet. The parkway dimension shall be 6 feet wide adjacent to the curb with a 5 -foot wide sidewalk. All transitions to the commercial property to the north are to be approved by the City Engineer. 2. The Developer shall design a turning area at the south end of Liberty Bell Road which will provide minimum turning radius equal or greater than the dimensions shown on Ventura County Standard Plate C -2. The design shall provide for access to both the City property and the Ventura County Flood Control Property. No reduction in the City -owned parking area shall be allowed. Access to Ventura County Property shall be restricted by a locked gate meeting Ventura County Flood Control Standards and approval. 3. Trailway Court shall be designed per Ventura County Standard Plate B -5B. With the following exceptions: (a) The total right -of -way width shall be 44 feet. The pavement width shall be 36 feet. (b) The sidewalk shall be 5 feet wide and located adjacent to the curb. The offset cul -de -sac shall be designed to meet the minimum dimensions of the Ventura County Standard Plate C -2 or C- 3. The 90° turn shall be designed per plate C -4. 4. Arroyo Trails Avenue shall be designed per Ventura County Standard Plate B -5B. With the following exceptions: (a) The total right -of -way width shall be 44 feet. The pavement width shall be 36 feet. (b) The sidewalk shall be 5 feet wide and located adjacent to the curb. " 2 n " C. �.- 41 Mitigation Monitoring Program Page No. 4 The Developer shall record a covenant, running with the land, to the City of Moorpark acknowledging that the interior private street right -of -way is not per City standard. As such, the street right -of -way will not be offered to the City until the right -of -way is brought into compliance with City standards. 5. The Developer shall pay the Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated, to the.' City's satisfaction upon concurrence of the City Manager,* the developer would not have to pay the AOC fee. 6. The Applicant shall make a special contribution to the City representing the developers pro -rata share of the cost of improvements at the following intersections: Los Angeles Avenue /Gabbert Road ($90,000) Los Angeles Avenue /Moorpark Avenue ($150,000) The actual contribution (pro -rata share shall be based upon the additional traffic added to the intersection. The developer's traffic engineer shall provide the City Engineer a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share ") amount. Monitoring Prior to recordation of the Final Map and /or occupancy, the Department of Community Development and the City Engineer will ensure that the conditions have been satisfied. r%,»�6 VESTING TENTATIVE TRACT N0. 5204 IN THE CITY OF 1vt00PPARi {, CALIFORNIA EASEMENTS Z1.1 14 l.v t .:ps Y.paXt•n Kr. a, Mi >1 as QmY; (r.a < �1 ArAa iJ I LEGAL. DESCRIPTION _ P�Itap M tYy oTipl 'w�+�. apOPa(n �� a0 a.l � 16obo uaa' a f I1 r P.0 �... I TFSI D[�ClIIOIi �_� WST. GpW1D R/. xI. i P cc ."4 PQ •- - NA6 t GYTTR rG L'C SN [ES.' ��Atl' K /U P/.SU4 'N11UR+ IA =10 ul5 ��l RlAa blur) 9.5[Y[lr 50.5 ..+.1515 t+ r(nt•.) ARROYO TRAILS AVENUE & TRAILWAY COURT y( uIVAT' STPf STS }� slu lun X a C Xls -- ----- __ _ _ _ � [a.St Ti1Q.d SECTION A A u:xmuaY) SECTION E -E (t aTE,E[a Y) SECTION 1313 (1S£STEi4.Y) ln.cl IIW. ra EIII warm �.+ Xu.) 'R CT .0 l I P. P.to UTILITY COMPANIES WATER COMPANY GAS SERVICE�� l�l �i ilm 11}1+}4n ELECTRIC SERVICE METHOD OF SEWAGE DISPOSAL TELEPHONE SERVICE CABLE TELEVISION SERVICE 111EI:S 1E (1111 Iltl) I r. EYSI. P1"1 v�ilJrau�� ousT an.rO p\ \Y Sf (,T iQIV C -C ESOUr�t:Ar) SECTION D -D (l-or TrEaY) 3 ' VICINITY MAP NOT TO SCMI: 4 CROSS SECTIONS- AT- TRACT _BOUNDARY UTILITY COMPANIES WATER COMPANY GAS SERVICE�� l�l �i ilm 11}1+}4n ELECTRIC SERVICE METHOD OF SEWAGE DISPOSAL TELEPHONE SERVICE CABLE TELEVISION SERVICE vW c,,C:.S 10 :jl 4A 1HC"+S X4:111 -1 I46 GENERAL INFORMATION: } wni.na ENGINEER: OWNER /APPLICANT: `tt `iav: ruo ..: :ui STATEMENT OF OWNERSHIP +DI. l'i '' G n4vrtn tpF M X.Ytvo� a. w u.. 1 ..w CP.OUSFIEFERS & ASSOCIATES. INCI(`_ c'-7 ; CITY OF MOORPARK VESTING TENTATIVE MAP I .... c.a v:.�.:. rqM� . flaNny 'F(4 __ G1Y M IIEOOIOAIU Vn(l[1('ITYAAIUNITEj - - -- - -— - - - -- '��L' W PUBLIC WORKS AGENCY TRACT NO 5204 4 _ IN THE CITY OF +�.. •c} r .o.tP urt -- MOORPARK.CA ATTACH "OENT 111EI:S 1E (1111 Iltl) I r. p\ \Y VICINITY MAP NOT TO SCMI: vW c,,C:.S 10 :jl 4A 1HC"+S X4:111 -1 I46 GENERAL INFORMATION: } wni.na ENGINEER: OWNER /APPLICANT: `tt `iav: ruo ..: :ui STATEMENT OF OWNERSHIP +DI. l'i '' G n4vrtn tpF M X.Ytvo� a. w u.. 1 ..w CP.OUSFIEFERS & ASSOCIATES. INCI(`_ c'-7 ; CITY OF MOORPARK VESTING TENTATIVE MAP I .... c.a v:.�.:. rqM� . flaNny 'F(4 __ G1Y M IIEOOIOAIU Vn(l[1('ITYAAIUNITEj - - -- - -— - - - -- '��L' W PUBLIC WORKS AGENCY TRACT NO 5204 4 _ IN THE CITY OF +�.. •c} r .o.tP urt -- MOORPARK.CA ATTACH "OENT 0 .-I j t 3- uj 13 A - 4 1 2 Li ?5 > 17T 2 j!9 •29 RIC 23 ry stir 24 14 21 q�llll Br S' i 1 1I/ - / 30 f 12 t7� 33 c zz. GRAPHIC SCALE 6. z- .......... 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