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HomeMy WebLinkAboutAGENDA REPORT 2003 0820 CC REG ITEM 08AMOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Prepared By: Scott Wolfe, ITEM Y • A. Development Direct Principal Plann DATE: July 30, 2003 (CC Meeting of 8/20/03) SUBJECT: Consider General Plan Amendment No. 2003 -01, Zone Change No. 2003 -01, Tentative Tract Map No. 5405, and Residential Planned Development Permit No. 2003 -01, for Seventeen (17) Affordable Single - Family Housing Units on a 3.15 Acre Site Located West of Walnut Canyon Road, Approximately One -Half Mile North of Casey Road. Applicant: William Lyon Homes (APN: 500 -0- 270 -050) BACKGROUND On February 6, 2002, the City Council approved a 250 lot single - family residential subdivision (Tentative Tract Map No. 5187) on approximately 350 acres, located on the west side of Walnut Canyon Road, approximately one half mile north of Casey Road. The City and applicant entered into a Development Agreement for the project that required twenty (20) affordable housing units. Later in 2002, William Lyon Homes acquired the project. On January 14, 2003, William Lyon Homes submitted an application to build seventeen (17) of the required affordable units within a small portion of the original project and a property adjacent to the southeast corner of the original project. Section 6.11 of the Development Agreement (Attachment 6) spells out the conditions under which the affordable units will be constructed and offered for sale. That section also provides that should less than twenty (20) units be achieved, the developer is to pay to the City Seventy- Thousand Dollars ($70,000) (to be adjusted annually per the Consumer Price Index) for each unit less than the required twenty (20). S: \Corr- munity Development \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Agenda Rp --S \cc agenda report.coc Cr — " —;.w Honorable City Council August 20, 2003 Page 2 On July 2, 2003, the Planning Commission considered this request, and recommended approval of this project to the City Council. A copy of the agenda report to the Planning Commission and Planning Commission Resolution are attached. The requested entitlements include: General Plan Amendment No. 2003 -01, to amend the land use designation of the site from Rural Low Residential and Open Space -1 to High Density Residential; Zone Change No. 2003 -01, to change the zoning of the site from Rural Exclusive 5 -Acre (RE -5ac) and Open Space (OS) to Residential Planned Development 7 Units /Acre (RPD -7u); Tentative Tract Map No. 5405, to subdivide the site into seventeen (17) single - family residential lots and three (3) lots for landscape areas; and Residential Planned Development Permit No. 2003 -01, to construct seventeen (17) affordable single- family houses. DISCUSSION The subject property is situated at the south east corner of Tract 5187, a 250 unit subdivision also being developed by William Lyon Homes. The project will consist of 17 single family detached units affordable to buyers in the Moderate, Low and Very Low Income Levels. Two house plans are proposed: a 1,270 square foot four bedroom /two bathroom unit, and a 1,495 square foot four bedroom /two and one half bathroom unit. The units are very typical of small lot subdivision homes, and would be constructed with materials of the same quality as the market - rate homes with wood frame and stucco construction and tile roofs. Architectural decor, such as vent covers, shutters, pot shelves, and other window articulation will be used on the front elevations of all the units, as well as on rear and side elevations which face Walnut Canyon Road. The units will be served with a public street, which will enter the site from Walnut Canyon Road. The street will be wide enough to allow for parking, but off - street parking is provided both in the unit two car garages as well as on the driveways, where a minimum 18 -foot long driveway will accommodate two vehicles. The Planning Commission suggested the re- plotting of the units on lots 4 through 8 to maximize the side yard areas to create more usable space for the residents. The applicant has made the suggested changes. The homes will be situated only slightly above the Walnut Canyon Road street grade at the north end of the project, while at the Honorable City Council August 20, 2003 Page 3 south end, the homes will sit about 5 feet above the street grade. A stepped retaining wall and landscape planter area will separate the homes from Walnut Canyon Road and break up the vertical dimension of the perimeter wall along the back of the homes. As the site slopes steeply up the west, a retaining wall will be needed to create enough pad area to provide required setbacks for the houses. This retaining wall will run along the west side of the project and will vary in height behind the homes on lots 1 through 6, reaching a maximum of 25 feet. This wall will also mark the rear property lines of the lots and will serve as the tract perimeter as well. The wall is proposed to be constructed using a technique called soil nailing, which will provide stable retention of the slope, and allow for decorative treatment to resemble natural stone. A photographic example of the soil nailing wall is included in the exhibit booklet which accompanies this report. Though the wall will be treated in this fashion, potential exists for visual impact from Walnut Canyon. To avoid this impact, Lot C, the biofiltration area along the southern boundary of the project, will be heavily landscaped with trees and shrubs to screen and soften the view of the wall from Walnut Canyon Road. The landscaping within Lot C, as well as within the landscape planters along Walnut Canyon Road (Lots A & B) are recommended by the Planning Commission to be maintained by a future Landscape Maintenance District. This will ensure that the screening and softening value of the landscaping will be adequately preserved after the project is occupied. STAFF RECO14MENDATIONS 1. Open the public hearing, accept public testimony, and close the public hearing. 2. Adopt Resolution No. 2003- , adopting the Mitigated Negative Declaration and approving General Plan Amendment No. 2003 -01 3. Adopt Resolution No. 2003- approving Tentative Tract Map No. 5405, and Residential Planned Development Permit No. 2003 -01 subject to Conditions of Approval. 4. Introduce Ordinance No. for first reading to amend the zoning of the project site, and set September 3, 2003, for second reading. Honorable City Council August 20, 2003 Page 4 ATTACHMENTS: 1. Planning Commission July 1, 2003 Agenda Report (with Project Exhibits and Mitigated Negative Declaration) 2. Planning Commission Resolution No. PC- 2003 -448 (see City Council Resolutions and Ordinance for exhibits). 3. Draft Resolution adopting the Mitigated Negative Declaration and approving General Plan Amendment No. 2003- 01. 4. Draft Resolution approving Tentative Tract Map No. 5405, and Residential Planned Development Permit No. 2003 -01. 5. Draft Ordinance Approving Zone Change 2003 -01. 6. Section 6.11 of Development Agreement 2001 -01. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by Scott Wolfe, Principal Planner DATE: June 25, 2003 (PC Meeting of 7/1/03) SUBJECT: Consider General Plan Amendment No. 2003 -01, Zone Change No. 2003 -01, Tentative Tract Map No. 5405, and Residential Planned Development Permit No. 2003 -01, for Seventeen (17) Affordable Single - Family Housing Units on a 2.5 Acre Site Located West of Walnut Canyon Road, Approximately One -Half Mile North of Casey Road. Applicant: William Lyon Homes (APN: 500 -0- 270 -050) BACKGROUND On February 6, 2002, the City Council approved a 250 lot single - family residential subdivision (Tentative Tract Map No. 5187) on approximately 350 acres, located on the west side of Walnut Canyon Road, approximately one half mile north of Casey Road. The City and applicant entered into a Development Agreement for the project that required twenty (20) affordable housing units. Later in 2002, William Lyon Homes acquired the project. On January 14, 2003, William Lyon Homes submitted an application to build seventeen (17) of the required affordable units within a small portion of the original project and a property adjacent to the southeast corner of the original project. The lots are proposed to be developed with four (4) bedroom homes priced to be affordable to families in the Very Low, Low, and Moderate Income ranges. The requested entitlements include: General Plan Amendment No. 2003 -01, to amend the land use designation of the site from Rural Low Residential and Open Space -1 to High Density Residential; Zone Change No. 2003 -01, to change the zoning of the site from Rural Exclusive 5 -Acre (RE -5ac) and Open Space (OS) to Residential Planned Development 7 Units /Acre (RPD -7u); Tentative Tract Map No. 5405, to subdivide the site into seventeen (17) single - family residential lots and three (3) lots for landscape areas; and CC ATTACHMENT 1 S:\Corrmunity Development \DEV PMTS \R P 1)\2003 \ -01 Wm Lyon \Agenda Rpts \PC Agenda Report.doc Honorable Planning Commission July 1, 2003 Page 2 Residential Planned Development Permit No. 2003 -01, to construct seventeen (17) affordable single - family houses. DISCUSSION Project Setting Existing Site Conditions: The subject property consists of 2.5 acres of land, with 1.66 acres adjacent to Tentative Tract Map No. 5187, and an additional 0.84 acres from land designated for open space within Tract 5187. The parcel runs generally north -south along the west side of Walnut Canyon Road. The center portion of the lot has been graded level, while the west side rises steeply into an area of Tract 5187, and the east side of the parcel drops sharply into a stream channel. Street access to the lot is from Walnut Canyon Road and is currently at the south end of the parcel. The site is currently vacant and is fenced and posted to prevent trespassing. It appears to have been unused for some time. The ground has been disturbed, and vegetation on -site includes a variety of native and non - native plants. On -site trees include pine, olive, eucalyptus, palm, pepper, fig, tamarisk, oak, walnut and sycamore. The stream channel is heavily overgrown with trees and brush, which screens the site from Walnut Canyon Road. Previous Applications: None on file. GENERAL, PLAN /ZONING Direction General Plan Zoning Land Use Site RL, OS -1 RE -5Ac, OS Vacant Vacant North ML RPD -1.8U South M RE Residences (SFD) East OS -1 OS Vacant West OS -1 OS Vacant General Plan and Zonina Consistencv: The subject site is currently designated Rural Low Residential (RL) and Open Space (OS -1) on the City's General Plan Land Use Element Map. The RL designation permits residential development with a minimum lot size of five (5) acres. The OS -1 designation is given to land with natural development constraints, such as topography, and permits a density of one dwelling per ten (10) to forty (40) C,st.�rzf. Honorable Planning Commission July 1, 2003 Page 3 acres. The zoning designation for the property is Rural Exclusive, 5 -acre minimum lot size (RE -5Ac) and Open Space (OS), 10 -acre minimum lot size. The designations are much too restrictive to allow the project that is proposed. Therefore, an amendment to the General Plan land use designation and zoning is requested to increase the allowable density on the project site. The proposed density of the project will-be 6.8 units per acre. This will require that the Land Use designation be changed to High Density Residential (H), which allows development at up to 7.0 units per acre. The zoning will need to be changed to be consistent with the Land Use Designation as well. A zoning designation of Residential Planned Development - 7 units per acre (RPD -7U) is proposed to accommodate this project. Properties on all sides of the subject site either contain uses more intense than the five (5) acre minimum lot size restriction of the current designation, or are approved for such uses. The application of the existing designation no longer appears appropriate, especially because the size of the project site is less than five (5) acres. In addition, the General Plan Housing Element identifies a need for affordable housing within the City. In efforts to meet the need identified in the Housing Element, the City has required new residential projects to include a plan for the provision of affordable units, either within the project area, or at an off -site location to be acquired and developed by the developer. The subject project is in direct response to this requirement of the City. The General Plan acknowledges that changes to the Land Use designations may be required in order to meet specific goals of the various elements. This is an instance where the ability to achieve a Housing Element objective justifies the amendment of the Land Use Map. Project Summary Tentative Tract Map No. 5405 (Residential Lots): Parcel No. Size (acres) Size (sq. ft.) 1 0.12 5,252 2 0.09 3,722 3 0.09 3,809 4 0.08 3,300 5 0.09 3,783 6 0.10 4,290 7 0.09 4,110 8 0.08 3, 597 9 0.11 4,777 Honorable Planning Commission July 1, 2003 Page 4 Parcel No. Size (acres) Size (sq. ft.) 10 0.09 3,888 11 0.07 2,907 12 0.07 2,895 13 0.07 2,964 14 0.07 2,913 15 0.07 2,927 16 0.07 2,928 17 0.10 4,327 Total 1.46 62,389 Planned Development Permit No. 2003 -01: Parcel Proposed Use Building Area (sq. ft.) 1 Single Family Detached Residence 1,495 sf 2 Single Family Detached Residence 1,270 sf 3 Single Family Detached Residence 1,495 sf 4 Single Family Detached Residence 1,495 sf 5 Single Family Detached Residence 1,270 sf 6 Single Family Detached Residence 1,270 sf 7 Single Family Detached Residence 1,495 sf 8 Single Family Detached Residence 1,270 sf 9 Single Family Detached Residence 1,495 sf 10 Single Family Detached Residence 1,270 sf 11 Single Family Detached Residence 1,495 sf 12 Single Family Detached Residence 1,495 sf 13 Single Family Detached Residence 1,270 sf 14 Single Family Detached Residence 1,270 sf 15 Single Family Detached Residence 1,495 sf 1 6 Single Family Detached Residence 1,270 sf 17 Single Family Detached Residence--T 1,495 sf Proposed Project Architecture: The architecture proposed in the units is typical of small -lot single family homes. The homes would be one of two plans: Plan 1, which is a 4 bedroom /2 bath home at 1,270 square feet, and Plan 2, which is a 4 bedroom /2.5 bath home at 1,495 square feet. Both plans are two story homes, and have the same basic footprint, approximately 25' by 45'. In most cases, the narrow elevation is the 'front" elevation facing the street. However, in the case of Honorable Planning Commission July 1, 2003 Page 5 lots 1, 2, and 3, the houses are turned so that the wide elevation is facing the front lot line. The houses are proposed to be of wood frame and stucco construction with tile roofs. Decorative components such as window articulation, shutters, pot shelves, and vent covers are proposed to add interest to the elevations. These components will be placed on side and rear elevations where the sides and rears are visible to Walnut Canyon Road. Setbacks: The applicant has proposed standard residential setbacks, which are met or exceeded in the proposed design, except for front yard setbacks for lots 1, 2 and 3. The side yard setbacks are a minimum of five feet (5'), although wider setbacks are proposed, particularly on the west side of "A" Street. Rear yard setbacks meet or exceed the fifteen foot minimum required by the Municipal Code. Five (5) lots at the northern end of the tract exceed the rear yard setback minimums by as much as fourteen feet (14'). In order to reduce the conflict of driveway aprons in close proximity to each other, the applicant has proposed a "meandering" five -foot (5') wide sidewalk, which goes behind the driveway apron for each lot, outside of the public street right -of -way. A minimum eighteen -foot (18') setback is provided between the back of the sidewalk and the front of the garage for each residential unit. A condition of approval has been added that requires a 5 -foot (5') parkway adjacent to the curb and a 5 -foot (5') sidewalk adjacent to the parkway, except in the cul -de -sac area where not parkway is required. The precise design will be to the satisfaction of the Community Development Director and the City Engineer. Although an eighteen -foot (18') setback has been provided for the driveways on lots 1, 2 and 3, the front yard setbacks for the structures are somewhat less. A condition of approval has been added that requires a minimum front yard setback of ten feet (10') for lots 1, 2 and 3, with allowance for a maximum five -foot (5') encroachment into the setback for the entry porch. Circulation: Access to and from the site will be from Walnut Canyon Road, toward the northern end of the parcel. The project will result in the construction of a cul -de -sac with a bulb radius of forty feet (40') which will meet City standards and be dedicated as a public street. This street will provide adequate access to the homes by the residents, their guests, service deliveries, and emergency c Honorable Planning Commission July 1, 2003 Page 6 vehicles. The intersection of "A" Street with Walnut Canyon Road has been designed to meet both the City standards as well as Caltrans standards. Parking: Primary parking for each residence will be in the garages, which will meet the City standard for two parking spaces. Additionally, each unit's driveway has been designed to be a minimum of eighteen feet (18') deep from the back of the proposed sidewalk, enabling two cars to park in the driveway. Finally, limited on- street parking is available, with the potential to provide approximately one on street space for per each residential unit. Landscaping: The site has been previously disturbed, with much of the vegetation on -site being non - native. Nearly all of the on -site vegetation will be removed to construct the proposed project. Thirty seven trees were identified as being slated for removal by the arborist's tree report for this project. Conditions have been incorporated to address the impacts associated with these removals and ensure compliance with the Municipal Code requirements regarding the removal of mature trees. The landscaping on the site following construction would be typical of residential subdivisions, with additional area for planting along the eastern perimeter of the tract in a landscape planter along Walnut Canyon Road. Additionally, turf and other landscaping is proposed within the NPDES biofiltration area at the south end of the project. Site Improvements and National Pollution Discharge Elimination Standards Requirements ( NPDES): The City Engineer has recommended conditions to provide for all necessary on -site and off -site storm drain improvements including the imposition of National Pollution Discharge Elimination System ( NPDES) requirements. "Passive" Best Management Practices drainage facilities would be required so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed project will produce 6 pounds of NOX, which is not in excess of allowable 25 pound threshold, providing a conclusion that there will be no impact on regional air quality. Honorable Planning Commission July 1, 2003 Page 7 ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • Maintenance of Landscapin • Noise Levels alona Walnut Canvon Road • Height and Appearance of Retaining Wall /Nailed Slope Behind Lots 1 through 6 Maintenance of Landscaping: It is likely that many if not all of the residents in this development will be first -time buyers. In order to ensure that landscaping is maintained on the individual lots, in the absence of a homeowner's association, special conditions have been added to ensure that landscaping will be provided with automatic irrigation for the entire lot. In addition to the seventeen (17) residential lots, three (3) other lettered lots (A, B & C) are proposed. Lots A and B are created to accommodate landscape buffers along Walnut Canyon Road. These lots are five feet (5') wide and would be situated between a small retaining wall and the tract perimeter wall of the residences. A portion of Lot C is situated at the far southern end of the subdivision and will contain the biofiltration system through which the street storm water will drain on its way to the storm drain system. The remainder of Lot C contains the slope along the western side of the project. These lots serve an important purpose within the tract, but cannot be included on an individual homeowner's property due to maintenance requirements, which must be met in order for them to function as proposed. As there will be no Homeowner's Association for this tract, it is not feasible to designate these parcels as common area. The applicant proposes to place the western slope above and to the south of lots 1 through 6 within the maintenance responsibility of Tract 5187. The rest of lot C and lots A & B are proposed to be included within a Landscape Maintenance District to ensure perpetual proper maintenance. This solution will require the processing of a lot line adjustment or a map amendment for Tract 5187. A revision to Tract No. 5187 and /or a lot line adjustment will be required in any event in order to include the 0.84 acre parcel from Tract No. 5187. A condition has been added that Honorable Planning Commission July 1, 2003 Page 8 requires that the maintenance of landscape and slope areas be accommodated through the Homeowner's Association for Tract No. 5187 or a Landscape Maintenance District to the satisfaction of the Community Development Director and the Public Works Director. Noise Levels along Walnut Canvon Road: Walnut Canyon Road is a major thoroughfare, with large traffic volumes including considerable numbers of large trucks, particularly during peak hours. Noise levels around this type of highway are generally higher than levels considered acceptable. The outside maximum limit of acceptability for residential development is 65 CNEL (Community Noise Equivalency Level, average sound energy levels in decibels in a 24 -hour period, weighted to account for sensitivity to sound at different frequencies and hours of the day), while the indoor maximum limit of acceptability in a residential dwelling is 45 CNEL. The rear yards of the homes adjacent to Walnut Canyon Road would experience noise levels in excess of the 65 CNEL, but the construction of the six -foot (61) high - perimeter wall along the property line separating the homes from the roadway will mitigate the impact to levels below 65 CNEL. Indoor noise levels will need to be mitigated through the use of specific noise reducing construction techniques, such as dual -paned glass, wall insulation, and the orientation of vents to avoid the transmission of noise. A Special Condition of Approval has been included to address this potential impact. Height and Appearance of Retaining Wall /Nailed Slope Behind Lots 1 through 6: A major concern in the design of this project is the provision of rear yards for lots 1 through 6. These rear yards have are provided through the construction of a retaining wall which will vary in height, exceeding twenty -five feet (25') in height in places. This would allow for a fifteen -foot deep rear yard. The applicant has been responsive to staff's concern about the visibility of the wall from Walnut Canyon Road. Staff has reviewed the site plans and has determined that the wall will only be minimally visible from Walnut Canyon Road, with the most likely vantage point being from the northbound lane approaching the project. The placement of the homes on either side of "A" Street, along with the grade differential between the base of the wall and the surface of Walnut Canyon Road will serve to screen the wall from view. Additional screening will emerge as landscaping throughout the project matures. The applicant is also investigating an alternative to retaining walls called soil nailing. This technique involves drilling and .i v w1V Honorable Planning Commission July 1, 2003 Page 9 driving "nails" deep into the exposed slope as excavation occurs. These nails are then grouted in place and connected together with either a concrete cover or a steel mesh which will stabilize the slope. The advantage to this type of stabilization method is that the slope can be laid back somewhat so as to avoid the "enclosed" feeling of being in a fifteen foot rear yard between a twenty seven foot house and a twenty foot wall. Laying the slope back can help to open the perception of space. In addition to increasing the perception of space, this technique can also add more area to the rear yards, allowing more usable space between the house and the slope. The concern of staff in the use of the soil nailing technique is the ability to soften the visual impact of the stabilization. While it allows the slope to be laid back more than a retaining wall, this will result in a larger area impacted. While planting within the mesh to screen it is being investigated, there will likely be some limitations due to the avoidance of irrigation on the slope. Staff finds that this alternative may have merit, but needs further study. A condition of approval has been added to allow either a retaining wall or soil nailing to be used at the discretion of the Director of Community Development. Findings The following findings are offered pursuant to the requirements of the Subdivision Map Act: 1. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance if amended by General Plan Amendment No. 2003 -01 and Zone Change No. 2003 -01 to allow for a density up to 7.0 units per acre. 2. The design and improvements of the proposed subdivision would be consistent with the City of Moorpark General Plan if amended by General Plan Amendment No. 2003 -01 and Zone Change No. 2003 -01 to allow for a density up to 7.0 units per acre. 3. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. 4. The site is physically suitable for the proposed density of development, in that all City Development standards would be met by the proposed project. Honorable Planning Commission July 1, 2003 Page 10 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions. 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. 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, in that easements for the widening of Walnut Canyon Road have been identified and incorporated in the design of this project. 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 as defined in California Government Code Section 66478.1 et seq. The following findings are offered for the Residential Planned Development Permit: 1. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance, in that the proposed project will advance the objectives of the General Plan Housing Element, and the proposed zoning designation will be consistent with the proposed General Plan Land Use designation. 2. The proposed project is compatible with the character of surrounding development, in that the surrounding development will include a variety of single - family detached homes. 3. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the use proposed is similar to uses existing or proposed to the north, south, and west, and access to or utility of those adjacent uses are not hindered by this project. 4. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare, in that adequate provision of public access, sanitary services, and Honorable Planning Commission July 1, 2003 Page 11 emergency services have been ensured in the processing of this request. 5. The proposed project is compatible with existing and planned land uses in the general area where the development is to be located, in that the existing and planned land uses in the general area are generally single family detached residential uses. The nearby Waterworks District facility is isolated from this project and will neither affect, nor be adversely affected by, this development. 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, in that the proposed project complies with all development standards of the Moorpark Municipal Code, and the development will utilize high quality architectural materials and treatments to enhance the visual appeal of the structures to be constructed. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). However, in this case, there are legislative acts (General Plan Amendment and Zone Change) being considered in conjunction with the entitlements. Therefore, there are no time limits for processing under the abovementioned statutes so long as the entire package presented is acted upon at one time. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Honorable Planning Commission July 1, 2003 Page 12 Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has prepared or supervised the preparation of an Initial Study to assess the potential significant impacts of this project. Based upon the Initial Study, the Director has determined that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment and has prepared a Mitigated Negative Declaration for Planning Commission review and consideration before making a recommendation on the project. STAFF RECOWMNDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2002- recommending to the City Council conditional approval of General Plan Amendment No. 2003 -01, Zone Change No. 2003 -01, Tentative Tract Map No. 5405, and Residential Planned Development Permit No. 2003 -01. ATTACHMENTS: 1. Location Map 2. Tentative Tract Map 3. Initial Study and Mitigated Negative Declaration 4. Draft PC Resolution with Conditions of Approval C � "�'� '/ ' —'S e E-1 z U 4 E♦ E U a LL Ir. .t rrtir Nil nq OCIN!TY' .VAF E-4 r-A ...... .. ... 04 �2 -r.. 314 A.0 C)l� vAj LC I I. 1,'4ll C- (I 3 rArl 'ORU, or 401 MITIGATED NEGATIVE DECLARATION CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 The following Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures of the City of Moorpark. Public Review Period: June 27 to July 28, 2003 Project Title /Case No.: General Plan Amendment 2003 -01, Zone Change 2003 -01, TTM 5405, RPD 2003 -01 Project Location: West side of Walnut Canyon Road, % Mile north of Casey Road, Moorpark, Ventura County. (Location Map Attached) Project Description: Amend General Plan Designation from RL (Rural Low Residential) to H(High Density Residential); Amend zoning designation from RE -5Ac (Rural Exclusive — 5 Acre Minimum Lot size) to RPD -7U (Residential Planned Development — 7 units per acre); Approve Tract 5405 and RPD2003 -01 to subdivide 2.5 acres into 17 lots, and construct 17 single family detached units. Project Type: Project Applicant X Private Project Public Project William Lyon Homes 23975 Park Sorrento, Suite 220 Calabasas, CA 91302 (818) 222 -1188 Finding: After preparing an Initial Study for the above - referenced project, it is found that there is substantial evidence, in light of the whole record before the City of Moorpark, that the project may have a significant effect on the environment. However, this effect can be mitigated to a level of insignificance through the imposition of mitigation measures which have been incorporated into the project. (Initial Study Attached) Responsible Agencies: Caltrans, Department of Fish and Game Trustee Agencies: None Attachments: Location Map Initial Study Contact Person: Scott Wolfe, Principal Planner Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -6236 PC ATTACHMENT 3 S XCommumty Development\DEV PMTSIR P D%20031 -01 Wm Lyon\Env\MND.doc Project Location: West side of Walnut Canyon Road, % Mile north of Casey Road General Plan Designation: RL (Rural Low Residential) Zoning: RE -5Ac (Rural Exclusive -5 acre minimum lot size) Project Description: Amend General Plan Designation from RL (Rural Low Residential) to H (High Density Residential); Amend zoning designation from RE -5Ac (Rural Exclusive — 5 Acre Minimum Lot size) to RPD -7U (Residential Planned Development — 7 units per acre); Approve Tract 5405 and RPD 2003 -01 to subdivide 2.5 acres into 17 lots, and construct 17 single family detached units. Surrounding Land Uses and Setting: North: Vacant (Approved Tract 5187) South: Existing Residential Neighborhood East: County Waterworks District facility West: Vacant (Approved Tract 5187) Responsible and Trustee Agencies: None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a Potentially Si nificant Impact" or Potentially Significant Unless Mitigated, "as indicated by the checklist on the following pages. X Aesthetics Agricultural Resources Air Quality X Biological Resources Cultural Resources Geology /Soils Hazards and Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources X Noise Population/Housing Public Services Recreation Transportationfrraffic Utilities /Service Systems Mandatory Findings of Significance None DETERMINATION: On the basis of this initial evaluation, I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. Mitigation measures described on the attached Exhibit 1 have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. Prepared by: Scott Wolfe, Principal Planner Reviewed it Date: INITIAL STUDY EXHIBIT 1: MITIGATED NEGATIVE DECLARATION MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM If deemed necessary by the noise study, a sound wall shall be constructed along the eastern property lines of the lots abutting Walnut Canyon Road; In order to screen the wall, a 5 wide planter is provided between the wall and Walnut Canyon Road. This planter will be planted with trees, shrubs, and vines to screen the wall. Monitoring Action: Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development 2. To reduce the interior noise levels, a minimum window glass thickness of 3/16 inch and a standard exterior wall of 5/8 inch gypsum board, 3.5 inch fiberglass filled cavity, 7/8 inch lath and stucco, typical for single family residential developments shall be installed. 3 5 R Monitoring Action: Physical Inspection Timing: Prior to Occupancy of Units Responsibility. Department of Community Development All second story windows along Walnut Canyon Road shall be Milgard type 5120 double glazed window assemblies, or an equivalent with a minimum STC 33 rating. Monitoring Action: Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development All rear and side entry doors of the homes on Lots 8 through 17 shall be gasketed (jamb, head, and sill) with interlocking or tube type compression weather stripping, or an effective equivalent. Monitoring Action: Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development All exterior vents on the homes on Lots 8 through 17 shall be directed away from Walnut Canyon Road in order to reduce noise transmissions into the house through vents and ducts. ► r� ., -�,,� 2 Monitoring Action: Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development 7. The applicant shall obtain all required permits from the California Department of Fish and Game and the U.S. Army Corps of Engineers. Any required mitigation imposed as a result of these permits shall be complied with. Monitoring Action: Applicant to provide proof of permit issuance Timing: Prior to issuance of grading permits Responsibility: Department of Community Development The applicant shall replace trees on the site in an amount equal to the appraised value of the removed trees, as identified in the Tree Report dated December 2002. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark an amount equal to the difference between the appraised amount and the value of the trees planted on site. Monitoring Action: City Landscape Consultant to review project plans for compliance Timing: Prior to issuance of occupancy Responsibility: Department of Community Development AGREEMENT TO PROPOSED MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM In accordance with the CEQA Guidelines Section 15070 (California Code of Regulations Title 14, Chapter 3, Article 6), this agreement must be signed prior to release of the Mitigated Negative Declaration for public review. I, THE UNDERSIGNED PROJECT APPLICANT, HEREBY AGREE TO MODIFY THE PROJECT DESIGN, CONSTRUCTION OR OPERATION AS NECESSARY TO INCLUDE ALL OF THE ABOVE - LISTED MITIGATION MEASURES IN THE PROJECT. Signature of Project Applicant Date 3 4) Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? Response: The project proposes to construct a retaining wall along the rear property lines of lots 1 through 6. This wall will reach a maximum height of 25 feet and will be visible from off -site particularly when traveling north on Walnut Canyon Road. Sources: Site Plan, Project Application Mitigation: Lot C will be planted with trees and shrubs, and to screen the wall from view from Walnut Canyon Road. B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark 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: 1) Convert Prime Farmland, Unique Farmland, or Farmland X of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with existing zoning for agricultural use, or a X Williamson Act contract? 3) Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: This project does not affect agricultural resources. Sources: Site Plan, Project Application, 3 Mitigation: None Required. 4, Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact A. AESTHETICS — Would the project: 1) Have a substantial adverse effect on a scenic vista? X 2) Substantially damage scenic resources, including, but X not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the existing visual character or X quality of the site and its surroundings? 4) Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? Response: The project proposes to construct a retaining wall along the rear property lines of lots 1 through 6. This wall will reach a maximum height of 25 feet and will be visible from off -site particularly when traveling north on Walnut Canyon Road. Sources: Site Plan, Project Application Mitigation: Lot C will be planted with trees and shrubs, and to screen the wall from view from Walnut Canyon Road. B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark 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: 1) Convert Prime Farmland, Unique Farmland, or Farmland X of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with existing zoning for agricultural use, or a X Williamson Act contract? 3) Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: This project does not affect agricultural resources. Sources: Site Plan, Project Application, 3 Mitigation: None Required. 4, Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact C. AIR QUALITY — Would the project: 1) Conflict with or obstruct implementation of the applicable x air quality plan? 2) Violate any air quality standard or contribute x substantially to an existing or projected air quality violation? 3) Result in a cumulatively considerable net increase of any X 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)? 4) Expose sensitive receptors to substantial pollutant x concentrations? 5) Create objectionable odors affecting a substantial number X of people? Response: This project does not exceed the Air Quality Resources threshold of significance of 25 pounds per day of ROC or NOx. Sources: 7 Mitigation: None required. D. BIOLOGICAL RESOURCES — Would the project: 1) 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? 2) Have a substantial adverse effect on any riparian habitat X or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 3) Have a substantial adverse effect on federally protected X 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? 4) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors. or impede the use of native wildlife nursery sites? 5 x X 5) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 6) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact X X Response: 2./3. This project proposes changes land which has been heavily disturbed, so most of the biological resources have already been severely degraded. However, there is a stream channel running along the eastern edge of the property which will be filled to accommodate development. This work falls within the jurisdictional area of both the California Department of Fish and Game and the United States Army Corps of Engineers. A condition has placed on the project that seven (7) native walnut trees removed as a result of the project will be replaced at a 10:1 ratio. This replacement ratio will meet Department of Fish and Game requirements and mitigate project impacts. 5. This project requires the removal of mature trees, both native and non- native from the site, and will require mitigation in accordance with the City's Mature Tree Protection Ordinance. Sources: Site Plan, Project Application, 8 Mitigation: 2./3. The applicant shall obtain all required permits from the California Department of Fish and Game and the U.S. Army Corps of Engineers. Any required mitigation imposed as a result of these permits shall be complied with. 5. The applicant shall replace trees on the site in an amount equal to the appraised value of the removed trees, as identified in the Tree Report dated December 2002. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark an amount equal to the difference between the appraised amount and the value of the trees planted on site. E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the significance of a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 4) Disturb any human remains, including those interred outside of formal cemeteries? 0 X X X Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact impac Response: This project proposes changes on previously developed land, and therefore is not expected to impact cultural resources. Sources'. Site Plan, Project Application Mitigation: None required. F. GEOLOGY AND SOILS — Would the project: 1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault 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. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? 2) Result in substantial soil erosion or the loss of topsoil? 3) Be located on a geologic unit or soil that is 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? 4) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? x X x X x x x x Response: This project is not within Alquist Priolo Special Studies areas, and does not have any soils or geological impacts. Sources: 3, Alquist Priolo Special Studies Zone Map, Moorpark Quadrangle, Seismic Hazard Zone Map, Moorpark Quadrangle. Mitigation: None Required. G. HAZARDS AND HAZARDOUS MATERIALS — Would the project: 7 B) Expose people or structures to a significant risk of loss, X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Response: There are no known hazards on the project site. Sources: 3 Mitigation: None Required. H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge X requirements? 2) Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the existing drainage pattern of the site X or Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 1) Create a significant hazard to the public or the X environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emission or handle hazardous or acutely X hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? 4) Be located on a site which is included on a list of X hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 5) For a project located within an airport land use plan or. X where such a plan has not been adopted, 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? 6) For a project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or working in the project area? 7) Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation plan? B) Expose people or structures to a significant risk of loss, X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Response: There are no known hazards on the project site. Sources: 3 Mitigation: None Required. H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge X requirements? 2) Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the existing drainage pattern of the site X or 8) Place within a 100 -year flood hazard area structures which X would impede or redirect flood flows? 9) Expose people or structures to a significant risk of loss. X injury or death involving i) flooding, including flooding as a result of the failure of a levee or dam? ii) inundation by seiche, tsunami, or mudflow? X Response: This project will result in the alteration of natural flows across the site. However, these flows will be directed to appropriate storm drain facilities prior to leaving the site, and therefore will not reflect a significant impact. Sources'. Project plans. Mitigation: None Required. 1. LAND USE AND PLANNING — Would the project: I Physically divide an established community? X 2) Conflict with any applicable land use plan, policy, or 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? 3) Conflict with any applicable habitat conservation plan or X natural community conservation plan? EVAN f9�� 9 4 J Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact IT Pact 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? 4) Substantially atter the existing drainage pattern of the site X or area, including through the alteration of the 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? 5) Create or contribute runoff water which would exceed the X capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? X 7) Place housing within a f 00 -year flood hazard area as X mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other flood hazard delineation map? 8) Place within a 100 -year flood hazard area structures which X would impede or redirect flood flows? 9) Expose people or structures to a significant risk of loss. X injury or death involving i) flooding, including flooding as a result of the failure of a levee or dam? ii) inundation by seiche, tsunami, or mudflow? X Response: This project will result in the alteration of natural flows across the site. However, these flows will be directed to appropriate storm drain facilities prior to leaving the site, and therefore will not reflect a significant impact. Sources'. Project plans. Mitigation: None Required. 1. LAND USE AND PLANNING — Would the project: I Physically divide an established community? X 2) Conflict with any applicable land use plan, policy, or 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? 3) Conflict with any applicable habitat conservation plan or X natural community conservation plan? EVAN f9�� 9 4 J Less Than Potentially Significant Less Than Significant With Significant No Impact Mitioation Impact impact Response: While this project deviates from the current General Plan Land Use element map designation with regard to density on the subject site, the project would help meet the housing needs identified in the Housing Element and is consistent with all other General Plan Goals and Policies. Further, this project includes a General Plan Amendment which will ensure that the project is consistent with the Land Use Element map as well. Therefore, this impact is not significant. Sources: 3,4 Mitigation: None Required J. MINERAL RESOURCES — Would the project: 1) Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? 2) Result in the loss of availability of a locally- important X mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Response: This project will not affect mineral resources. Sources: n/a Mitigation: None Required. K. NOISE — Would the project result in: 1) Exposure of persons to or generation of noise levels in X excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to or generation of excessive X groundborne vibration or groundbome noise levels? 3) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 4) A substantial temporary or periodic increase in ambient X noise levels in the project vicinity above levels existing without the project? 5) For a project located within an airport land use plan or, X where such a plan has not been adopted, 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? 6) For a project within the vicinity of a private airstrip, would X Less Than Potentially Significant Less Than Significant With Significant No Im act Miti ation Impact Im act the project expose people residing or working in the project area to excessive noise levels? Response: 1) Ambient noise levels within the project area along Walnut Canyon Road are expected to exceed 65 CNEL . 4)Temporary increases in ambient noise levels can be expected during construction periods. However, City regulations pertaining to hours of construction will ensure that this impact is less than significant. Sources: 1,3,4 Mitigation: 1) Installation of perimeter walls along Walnut Canyon Road, with sound wall installation as determined necessary by noise study. See mitigation monitoring program for further details. 4) None required . L. POPULATION AND HOUSING — Would the project: 1) 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)? 2) Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? Response: This project will have a beneficial impact of helping to achieve housing goals in support of the Housing Element of the General Plan. Sources: 3 Mitigation: None required. M. PUBLIC SERVICES 1) 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? X Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Schools? x Parks? x Other public facilities? x Response: While some incremental impact on public services is to be expected, the impacts are not significant. Sources: Site Plans, Project Description Mitigation: None required. N. RECREATION 1) Would the project increase the use of existing x neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require x the construction or expansion of recreational facilities which might have an adverse physical effect on the G11V11 V.-1 111' Response: This project will have no impact on recreational resources. Sources: Project plans, Project Description Mitigation: None required. O. TRANS PORTATION/TRAFFIC — Would the project: 1) Cause an increase in traffic which is substantial in 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)? 2) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? 3) 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? A) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X X X X C 12 Less Than Potentially Significant Less Than Significant With Significant Impact Mitigation Impact 5) Result in inadequate emergency access? 6) Result in inadequate parking capacity? 7) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g.. bus turnouts, bicycle racks)? No Impact X x X Response: This project will have no impacts on transportation facilities or traffic patterns. Sources: Site Plans, Project Description Mitigation: None required. P. UTILITIES AND SERVICE SYSTEMS — Would the project: 1) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 3) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X X x x 5) Result in a determination by the wastewater treatment x 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? 6) Be served by the landfill with sufficient permitted capacity x to accommodate the project's solid waste disposal needs? 7) Comply with federal, state, and local statutes and regulations related to solid waste? Response: This project proposes the diversion of flows to existing or proposed storm drain facilities. This improvement will be engineered to accommodate anticipated flows, and therefore does not reflect a significant impact. Sources: Project Plans Mitigation: None required X Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality X 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 of prehistory? 2) Does the project have impacts that are individually limited, X but cumulatively considerable? ('Cumulatively considerable' means that the incremental effect of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and effects of probable future projects)? 3) Does the project have environmental effects which will X cause substantial adverse effects on human beings, either directly or indirectly? Response: Mitigation measures will be impose that will enable the project to reduce any potential impacts to a less -than significant level. Sources: 1,3,4 Earlier Environmental Documents Used in the Preparation of this Initial Study None. Additional Project References Used to Prepare This Initial Study One or more of the following references were incorporated into the Initial Study by reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of the Initial Study Checklist. Traffic Noise Study Report for the Colmer Residential Department dated March 14, 2001. 2. Comments received from (departments) in response to the Community Development Department's request for comments. 3. The City of Moorpark's General Plan, as amended. 4. The Moorpark Municipal Code, as amended. 14 �„ `' "°3 �� JV 5. The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92 -872 6. Public Resources Code Section 21000 et. seq. and California Code of Regulations, Title 14 Section 15000 et. seq. 7. Ventura County Air Quality Assessment Guidelines, November 14, 2000. 8. Tree Report for William Lyon Homes Affordable Housing, Moorpark, December 2002. 15 .. RESOLUTION NO. PC- 2003 -448 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 2003 -01, ZONE CHANGE NO. 2003 -01, RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2003 -01 AND TENTATIVE TRACT MAP NO. 5405 ON 2.5 ACRES OF LAND, LOCATED WEST OF WALNUT CANYON ROAD, APPROXIMATELY ONE -HALF MILE NORTH OF CASEY ROAD, ON THE APPLICATION OF WILLIAM LYON HOMES (ASSESSOR PARCEL NO. 500 -0- 270 -050) WHEREAS, at a duly noticed public hearing on July 1, 2003, the Planning Commission considered General Plan Amendment No. 2003 -01, to amend the land use designation of the subject site from Rural Low Residential to High Density Residential; Zone Change No. 2003 -01 to change the zoning of the site from Rural Exclusive 5 -Acre (RE -5ac) to Residential Planned Development 7 Units /Acre (RPD -7u); Tentative Tract Map No. 5405, to subdivide the site into seventeen (17) single- family residential lots and three (3) landscape lots; and Residential Planned Development Permit No. 2003 -01, to construct seventeen (17) affordable single- family housing units, on a 2.5 Acre site located west of Walnut Canyon Road, approximately one -half mile north of Casey Road. (Assessor Parcel No. 500 -0- 270 -050); and WHEREAS, at its meeting of July 1, 2003, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal and reached a decision on this matter; and WHEREAS, the Planning Commission has read, reviewed, and considered the proposed Mitigated Negative Declaration prepared on behalf of the proposed seventeen (17) single - family housing unit project referenced above. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030: CC ATTACHMENT 2 Resolution No. PC- 2003 -448 Page 2 A. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance, in that the proposed project will advance the objectives of the General Plan Housing Element, and the proposed zoning designation will be consistent with the proposed General Plan Land Use designation. B. The proposed project is compatible with the character of surrounding development, in that both the proposed project and the surrounding development will include a variety of single family detached homes. C. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the use proposed is similar to uses existing or proposed to the north, south, and west, and access to or utility of those adjacent uses are not hindered by this project. D. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare, in that adequate provision of public access, sanitary services, and emergency services have been ensured in the processing of this request. E. The proposed project is compatible with existing and planned land uses in the general area where the development is to be located, in that the existing and planned lard uses in the general area are generally single family detached residential uses. The nearby Waterworks District facility is isolated from this project and will neither affect, nor be adversely affected by, this development. F. 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, in that the proposed project complies with all development standards of the Moorpark Municipal Code, and the development will utilize high quality architectural materials and treatments to enhance the visual appeal of the structures to be constructed. SECTION 2. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the Planning Commission has determined that the Tentative Tract Map, with imposition of the attached special and standard Conditions of Approval, meets the requirements for S: \Community Development \ADMIN \CO,4MISSION \Final Reso \pc 448 rpd 2003 -01 WmLyons.doc i �v Je.iAJ Resolution No. PC- 2003 -448 Page 3 approval of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance if amended by General Plan Amendment No. 2003 -01 and Zone Change No. 2003 -01 to allow for a density up to 7.0 units per acre. B. That the design and improvements of the proposed subdivision would be consistent with the City of Moorpark General Plan if amended by General Plan Amendment No. 2003- 01 and Zone Change No. 2003 -01 to allow for a density up to 7.0 units per acre. C. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. D. The site is physically suitable for the proposed density of development, in that all City Development standards would be met by the proposed project. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. G. 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, in that easements for the widening of Walnut Canyon Road have been identified and incorporated in the design of this project. H. 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. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir as defined in California Government Code Section 66478.1 et seq. S: \Community Development \ADMIN \COMMISSIGN \Final Reso \pc 448 rpd 2003 -01 WmLyons.doc p� r� i•. N " '.i �/ J V • Resolution No. PC- 2003 -448 Page 4 SECTION 3. PLANNING COMMISSION RECOMMENDATION: A. The Planning Commission recommends to the City Council approval of General Plan Amendment No. 2003 -01 per Exhibit A. B. The Planning Commission recommends to the City Council approval of Zone Change No. 2003 -01 per Exhibit B. C. The Planning Commission recommends to the City Council approval of Tentative Tract Map No. 5405 subject to the special and standard Conditions of Approval included in Exhibit C (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. D. The Planning Commission recommends to the City Council approval of Residential Planned Development Permit No. 2003 -01 subject to the special and standard Conditions of Approval included in Exhibit D (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 4. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Lauletta, Pozza, Vice Chair DiCecco and Chair Landis NOES: ABSTAIN: ABSENT: Commissioner Peskay S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 448 rpd 2003 -01 WmLyons.doc Resolution No. PC- 2003 -448 Page 5 PASSED, AND ADOPTED this 1st day of July, 2003. Exhibit A: General Plan Amendment Map Exhibit B: Zone Change Map Exhibit C: Special and Standard Conditions of Approval for Tentative Tract Map No. 5405 Exhibit D: Special and Standard Conditions of Approval for Residential Planned Development Permit No. 2003 -01 S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 448 rpd 2003 -01 WmLyons.doc RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2003 -01, FOR A CHANGE OF LAND USE DESIGNATION FROM RURAL LOW (RL) RESIDENTIAL AND OPEN SPACE -1 (OS -1) TO HIGH DENSITY RESIDENTIAL (H), AND ADOPTING THE MITIGATED NEGATIVE DECLARATION ON 3.15 ACRES OF LAND LOCATED WEST OF WALNUT CANYON ROAD, APPROXIMATELY ONE -HALF MILE NORTH OF CASEY ROAD, ON THE APPLICATION OF WILLIAM LYON HOMES (ASSESSOR PARCEL NO. 500 -0- 270 -050) WHEREAS, on July 1, 2003, the Planning Commission adopted Resolution No. PC- 2003 -448 recommending approval to the City Council of General Plan Amendment No. 2003 -01, to amend the land use designation of the subject site from Rural Low Residential and Open Space -1 to High Density Residential on a 3.15 acre site located west of Walnut Canyon Road, approximately one -half mile north of Casey Road; and WHEREAS, at a duly noticed public hearing on August 20, 2003, the City Council considered the agenda report for General Plan Amendment No. 2003 -01 and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal and reached a decision on this matter; and WHEREAS, the City Council considered the proposed Mitigated for the project referenced above. has read, reviewed, and Negative Declaration prepared NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council finds and declares as follows: A. The Mitigated Negative Declaration and Initial Study for the project are complete and have been prepared in compliance with CEQA, and City policy. B. The City Council has considered information in the environmental document in its deliberations of the project before making a decision concerning the project and the Negative Declaration. CC ATTACHMENT 3 C � � � Resolution No. 2003 - Page 2 C. The Mitigation Measures of this project have been incorporated into the project conditions of the accompanying Tentative Tract Map and Residential Planned Development. D. The City Council's approval of the project and the Mitigated Negative Declaration represents an independent action based upon the City Council's independent judgment. SECTION 2. CITY COUNCIL ADOPTION: The Mitigated Negative Declaration prepared in connection with General Plan Amendment 2003 -01, Zone Change 2003 -01, Tentative Tract Map No. 5405 and Residential Planned Development No. 2003 -01 is hereby adopted. SECTION 3. CITY COUNCIL APPROVAL: General Plan Amendment 2003 -01 is approved, amending the General Plan Land Use Map as proposed in Exhibit "A" attached hereto. SECTION 4. CERTIFICATION OF ADOPTION: 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 20th day of August, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit A - General Plan Amendment Map A In i ♦ !"9. T A S: \Community Development \DEV PMTS \R P D \2003 \ -31 Am = ,yon \Raso- Cond \cc resolution gpa.doc C*" -1—T -_n.. Resolution No. 2003 - Page 3 EXHIBIT A GPA 2003 -01 GENERAL PLAN AMENDMENT MAP , r,% .> m t S: \Ccmunity Development \DEV PMTS \R P D \2003 \ -01 Wm mayor. \Reso- Cond \cc resolution gpa.doc " �`� RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 5405 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2003 -01 FOR THE SUBDIVISION OF SEVENTEEN (17) RESIDENTIAL LOTS AND THE CONSTRUCTION OF SEVENTEEN (17) SINGLE FAMILY DETACHED AFFORDABLE UNITS ON 3.15 ACRES OF LAND, LOCATED WEST OF WALNUT CANYON ROAD, APPROXIMATELY ONE -HALF MILE NORTH OF CASEY ROAD, ON THE APPLICATION OF WILLIAM LYON HOMES (ASSESSOR PARCEL NO. 500 -0- 270 -050) WHEREAS, on July 1, 2003, the Planning Commission adopted Resolution No. PC- 2003 -448 recommending approval to the City Council of Tentative Tract Map No. 5405 and Residential Planned Development No. 2003 -01, for the subdivision of seventeen (17) residential lots and 3 lots for landscape and slope maintenance purposes; and the construction of seventeen (17) affordable single family detached homes on a 3.15 acre site located west of Walnut Canyon Road, approximately one -half mile north of Casey Road; and WHEREAS, at a duly noticed public hearing on August 20, 2003, the City Council considered the agenda report for Tentative Tract Map No. 5405 and Residential Planned Development No. 2003 -01 and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal and reached a decision on this matter; and WHEREAS, the City Council has read, reviewed considered, and adopted the proposed Mitigated Negative Declaration prepared for the project referenced above. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030: CC ATTACHMENT 4 �.�.0 Resolution No. 2003 - Page 2 A. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance, in that the proposed project will advance the objectives of the General Plan Housing Element, and the proposed zoning designation will be consistent with the proposed General Plan Land Use designation. B. The proposed project is compatible with the character of surrounding development, in that both the proposed project and the surrounding development will include a variety of single family detached homes. C. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the use proposed is similar to uses existing or proposed to the north, south, and west, and access to or utility of those adjacent uses are not hindered by this project. D. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare, in that adequate provision of public access, sanitary services, and emergency services have been ensured in the processing of this request. E. The proposed project is compatible with existing and planned land uses in the general area where the development is to be located, in that the existing and planned land uses in the general area are generally single family detached residential uses. The nearby Waterworks District facility is isolated from this project and will neither affect, nor be adversely affected by, this development. F. 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, in that the proposed project complies with all development standards of the Moorpark Municipal Code, and the development will utilize high quality architectural materials and treatments to enhance the visual appeal of the structures to be constructed. SECTION 2. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the Planning Commission has determined that the Tentative Tract Map, with imposition of the attached special and standard Conditions of Approval, meets the requirements for S: \Community Development \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Reso- Cond \cc resolution r pd.doc Resolution No. 2003 - Page 3 approval of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance if amended by General Plan Amendment No. 2003 -01 and Zone Change No. 2003 -01 to allow for a density up to 7.0 units per acre. B. That the design and improvements of the proposed subdivision would be consistent with the City of Moorpark General Plan if amended by General Plan Amendment No. 2003- 01 and Zone Change No. 2003 -01 to allow for a density up to 7.0 units per acre. C. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. D. The site is physically suitable for the proposed density of development, in that all City Development standards would be met by the proposed project. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. G. 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, in that easements for the widening of Walnut Canyon Road have been identified and incorporated in the design of this project. H. 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. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir as defined in California Government Code Section 66478.1 et seq. S: \Community Development \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Reso- Cond \cc resolution rpd.doc \�w� Resolution No. 2003 - Page 4 SECTION 3. CITY COUNCIL APPROVAL: The City Council approves Commercial Planned Development Permit No. 2002 -01, subject to the special and standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 4. CERTIFICATION OF ADOPTION: 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 20th day of August, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A: Special and Standard Conditions of Approval for Tentative Tract Map No. 5405 Exhibit B: Special and Standard Conditions of Approval for Residential Planned Development Permit No. 2003 -01 S: \Community Development \DEV PM'1'S \R P D \2003 \ -01 Wrn Lyon \Reso- Cond \cc resolution rpd.doc lrn,n s� a( /�� Resolution No. 2003 - Page 5 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP No. 5405 SPECIAL CONDITIONS 1. Prior to or concurrently with the approval of the Final Map, the westerly tract boundary shall be revised to reflect the boundary as shown on the Tentative Tract Map No. 5405. This amendment shall take place through a lot line adjustment or by amendment to Tract 5187, or other method acceptable to the Community Development Director and the City Engineer. 2. Prior to the issuance of a grading permit, the applicant shall obtain all required permits from the California Department of Fish and Game and the U.S. Army Corps of Engineers. Any required mitigation imposed as a result of these permits shall be complied with. 3. Prior to the approval of a Final Map for this subdivision the applicant shall enter into an Affordable Housing Agreement between the City of Moorpark and the Applicant. The Affordable Housing Agreement shall be consistent with the requirements set forth in the conditions of approval of Resolution No. 2002 -1938 approving Tentative Tract Map 5187. 4. The Final Map shall show the ultimate right -of -way for "A" Street to include a five (5) foot wide curbside parkway and a five (5) foot wide sidewalk adjacent to the parkway on both sides of the street. At the cul -de -sac bulb between lot 1 and lot 17, the sidewalk may abut the curb with no parkway. Final design of the right -of -way improvements shall be to the satisfaction of the Community Development Director and City Engineer. STANDARD CONDITIONS A. For compliance with the following conditions contact the Planning Division of the Community Development Department: 1. The conditions of approval of this Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies at the time of S: \Community Development \DEV PMTS \R P D \2003 \ -01 Wm Lyor. \Reso- Cond \cc resolution rpd.doc Resolution No. 2003 - Page 6 tentative map approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his /her 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 Community Development Director. 3. This Tentative Tract Map shall expire three (3) years from the date of its approval. The Community Development Director may, at his /her discretion, grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if applicant can document that he /she 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 this approval. 4. 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. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding S: \Cocrmunity Development \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Re so- Cond \cc resolution rpd.doc Resolution No. 2003 - Page 7 unless the settlement is approved by the subdivider. The subdivider's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision. 5. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. The approved Mitigation Monitoring and Reporting Program is included as an attachment to the approving resolution, and all mitigation measures are requirements of the Tentative Tract Map and Residential Planned Development Permit, as applicable. 6. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 7. All mitigation measures contained within the approved Mitigation Monitoring Report and Program (MMRP) are hereby adopted as requirements of the Tentative Map, as applicable. Where conflict or duplication between the MMRP and the conditions of approval occurs and applicability for compliance is questioned by the subdivder, the Community Development Director shall determine the applicable condition compliance requirements for each phase of development. 8. Prior to Approval of the Final Map, 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. 9. Prior to approval of the Final Map, the subdivder shall pay to the City a fee for the image conversion of the final map and improvement plans, as determined by the Community Development Director, into an electronic imaging format acceptable to the City Clerk. 10. The Applicant shall pay all outstanding case processing (Planning and Engineering), and all applicable City legal service fees within sixty (60) days of approval of this Vesting Tentative Tract Map. 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 Tentative Map. S:\Community Developmerit \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Reso- Cond \cc resolution = pd.doc Resolution No. 2003 - Page 8 11. Prior to issuance of a Zoning Clearance for grading, Applicant shall submit a complete Landscape Plan, together with specifications and a separate Maintenance Plan. The Landscape Plan shall encompass all areas required to be planted consistent with these conditions of approval. The Landscape Plan shall be reviewed by the City's Landscape Architect Consultant and approved by the Community Development Director prior to Zoning Clearance for grading permit, or first Final Map approval, whichever occurs first. All of the following Landscape Plan and inspection requirements shall be complied with: a. Prior to initial review of the landscape plans, the Applicant shall deposit funds for plan review in an amount specified by the Community Development Director. 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. b. All plant material shall conform to the current issue of the American Standard for Nursery Stock published by the American Association of Nurserymen. C. 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. d. Prior to final inspection by the City of Moorpark, the Applicant shall provide a written certification for the operation of the backflow device. e. All backflow preventers, transformers, and other above -grade utilities shall be appropriately screened with walls and /or plantings. f. The planting and irrigation design shall comply with the State of California Model Water Efficient Landscape Ordinance. g. Prior to occupancy, the landscape installation shall be approved by the Community Development Director. This approval shall be based upon written certification of the landscape installation by the City Landscape Consultant. S: \Community Developmer.•t \DEV PMTS \R P D \2003 \ -Ol Wm Lyon \Reso- Cond \cc resolution rpd.doc �� Resolution No. 2003 - Page 9 h. The landscape plan shall include planting and irrigation specifications for front yard landscaping for all residences. Front yard landscaping shall be installed as determined by the Residential Planned Development Permit for all lots in this project as reviewed and approved by the Community Development Director prior to final inspection and release of utilities. 12. Provisions requiring that ultra -low water consumption plumbing fixtures shall be installed consistent with City Ordinance No. 132. The project shall also include a requirement for the following energy saving devices or construction features: a. Stoves, ovens, and ranges, when gas fueled shall not have continuous burning pilot lights. b. All thermostats connected to the main space- heating source shall have night setback features. C. Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. 13. A fencing, perimeter, gate, and privacy barrier wall plan, complete with related landscaping details, identifying the materials to be used and proposed wall heights and locations shall be reviewed and approved by the Community Development Director prior to the issuance of a Zoning Clearance for grading. All fences /walls along lot boundaries shall be in place prior to occupancy of each lot, unless timing for installation is otherwise stated in these conditions. Where applicable prior to approval of the final fence /wall plan, the Community Development Director shall approve the connection of property line wall with existing fences and or walls on adjacent residential properties. The Developer is required at his /her sole expense to connect or reconstruct adjacent residential walls and or fences to the project perimeter wall utilizing the same type of material that comprises existing walls and or fences that are to be connected to the project perimeter wall. 14. The Developer shall submit fence /wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. All fences, walls and other structures shall be submitted for review and approval by the Community Development Director. S: \Corununity Development \DEV FMT S \R F D \2003 \ -01 Wm Lyon \Reso- Cond \cc resolution rpd.doc Resolution No. 2003 - Page 10 15. The final design and location of all walls and fences, streetscape elements, urban landscaping are subject to the approval of the Community Development Director. 16. Prior to Final Map approval, the Applicant shall provide an irrevocable offer to dedicate to the City any easements required for the City to access and maintain any landscaped areas or drainage improvements outside of the public right - of -way, which have been designated to be maintained by the City. 17. Prior to Final Map approval for any phase, the Applicant shall also provide to the City a signed Petition /Waiver a) requesting formation of an Assessment District to fund future costs for the maintenance of any landscaping and /or drainage facilities designated to be maintained by the City, and b) waiving all rights conferred by Proposition 218 with regard to the right to protest any such assessments. Said Petition and Waiver shall include, as an Exhibit, an Engineer's Report fully setting forth a description of the assessment district and the assessments, consistent with the requirements of the California Streets and Highways Code. Said report shall be prepared by a consultant to be retained by the City. The Applicant shall pay to the City a $5,000 advance to fund the cost of the Engineer's Report. In the event it is determined that there will be no landscaping or extraordinary drainage improvements to be maintained by the City, the Community Development Director may waive this condition with the concurrence of the City Manager. 18. Prior to Final Map approval, the City Council shall determine which areas shall be maintained by a maintenance assessment district. 19. Within two (2) days after the City Council adoption of a resolution approving this project, the Applicant shall submit to the City of Moorpark a check for a single fee of $1,250.00 plus a $25.00 filing fee payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to Public Resources Code Section 21089, and Fish and Game Code Section 711.4, the project is not operative, vested or final until the filing fees are paid. 20. The applicant shall pay to the City capital improvement, development, and processing fees at the rate and amount in S: \Community Development \DEV PMTS \R P D \2003 \ -01 lim Lyon \Reso- Cond \cc resolution rpd.doc Resolution No. 2003 - Page 11 effect at the time the fee is required to be paid. Said fees shall include but not be limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Further, unless specifically exempted by City Council, the applicant is subject to all fees imposed by City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 21. During construction, the applicant shall allow all persons holding a valid cable television franchise issued by the City of Moorpark ( "Cable Franchisees ") to install any equipment or infrastructure (including conduit, power supplies, and switching equipment) necessary to provide Franchisee's services to all parcels and lots in the Project. The applicant shall provide notice of its construction schedule to all Cable Franchisees sufficiently in advance of construction to allow the Cable Franchisees to coordinate installation of their equipment and infrastructure with that schedule. City shall provide the applicant a list of Cable Franchisees upon the applicant's request. 22. The initial sales price, location of the affordable 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 an Affordable Housing Implementation and Resale Restriction Plan, which shall be approved by the City Council prior to recordation of the first Final Map for this project. The Developer and City shall, prior to the occupancy of the first residential unit for the Project, execute an Affordable Housing Agreement that incorporates the Plan in total and is consistent with Tract 5405 conditions of approval and the Development Agreement. 23. Prior to approval of Zoning Clearance for residential unit building permit, the subdivider shall pay fees in accordance with Section 8297 -4 of the City's Subdivision Ordinance (Parks and Recreation Facilities). S : \Co:nm,inity Development \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Reso- Cond \cc resolution rpd.doc Atli i,r- Resolution No. 2003 - Page 12 B. For compliance with the following conditions please contact the City Engineer: General Conditions: 24. The applicant shall post sufficient surety guaranteeing completion of all site improvements within the development and offsite improvements required by the conditions as described herein (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. 25. The applicant 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 to Reuse Permit procedures administered by the County Water Resources Development Department. 26. If hazardous materials are found on the site, the Developer shall stop all work and notify the City immediately. The Developer shall develop a plan that meets City, State and Federal requirements for its disposal. 27. The applicant shall comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations implemented by the County of Ventura Public Works Department Waterworks District No. 1. 28. All existing and proposed utilities shall be under grounded as approved by the City Engineer. This also includes all existing above ground power lines adjacent to the project site that are less than 67Kv. 29. Prior to improvement plan approval, the applicant shall submit plans to the Ventura County Fire Prevention Division and obtain the approval of the location of fire hydrants. 30. The applicant shall provide all easements and rights -of -way granted to the City free and clear of all liens and encumbrances. 31. Prior to any work being conducted within any State, County, or City right of way, the applicant shall obtain all necessary encroachment permits from the appropriate S: \Community Development \DE:V PMTS \R P D \2003 \ -01 Wm Lycr. \Reso- Cond \cc resolution rpd.doc Resolution No. 2003 - Page 13 Agencies. Copies of these approved permits shall be provided to the City Engineer. 32. Prior to the approval of Final Map the applicant shall submit to the Community Development Department 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. 33. Any mapping that requires review and approval by the County of Ventura shall be concurrently submitted to the City Engineer for review and approval. The applicant shall be responsible for all associated fees and review costs. 34. The Final Map shall be prepared by a California Registered Engineer meeting all of the provisions of the Subdivision Map Act. 35. Any lot -to -lot drainage easements and secondary drainage easement shall be delineated on the Final Map. Assurance in the form of an agreement shall be provided to the City that these easements shall be adequately maintained by property owners to safely convey storm water flows. Said agreement shall be submitted to the City Engineer for review and approval and shall include provisions for the owners association to maintain any private storm drain or National Pollution Discharge Elimination System, hereinafter NPDES system not maintained by a City Assessment District and shall be a durable agreement that is binding upon each future property owner of each lot. 36. On the Final Map, the applicant shall offer to dedicate to the City of Moorpark all rights -of -way for public streets. 37. Prior to submittal of the Final Map for review and approval, the applicant 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 evidence of compliance shall be submitted to the City Engineer. 38. All development areas and lots shall be designed and graded so that surface drainage is directed to acceptable locations or natural or improved drainage courses as approved by the City Engineer. Altered drainage methods and patterns onto adjacent properties shall not be allowed without mitigation. S: \Community Development \DEV PMTS \R P D \2003 \ -01 WIn Lyon \Reso- Cond \cc resolution rpd.doc A in 7-- '—, Resolution No. 2003 - Page 14 39. ROC, NOx and dust during construction grading will be suppressed by the following activities: a. The fuel injection of all diesel engines used in construction equipment should be retarded two degrees from the manufacturer's recommendation. b. All diesel engines used in construction equipment should use high - pressure injectors. C. All diesel engines used in construction equipment should use reformulated diesel fuel. d. Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County Air Pollution Control District air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. e. All clearing and grading activities shall cease during periods of high winds (i.e., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. f. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. g. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. h. Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. i. Large -scale construction vehicles and trucks exiting the project site during the mass grading period shall be required to have tire wash -downs to minimize the dispersion of dust onto local streets. 40. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project Erosion and Sediment Control Plan. The following water quality assurance techniques shall be included, but not limited to the following, as deemed necessary: S: \Community Development \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Reso - Cord \cc resolution rpd.dcc N-, -,e �, v Resolution No. 2003 - Page 15 a. Minimize removal of existing vegetation. b. Provide temporary soil cover, such as hydroseeding, jute blankets, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. c. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. d. Rough grade contours to reduce flow concentrations and velocities. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase the grading to minimize soil exposure during the October through April rainy season. g. Install sediment traps or basins. h. Maintain and monitor erosion /sediment controls. 41. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The City Engineer shall review and approve the grading plan to verify compliance with Best Management Practices features including, but not limited to the following: a. Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. b. Check dams to reduce flow velocities. C. Permanent desilting basins. d. Permanent vegetation, including grass -lined swales. e. Design of drainage courses and storm drain outlets to reduce scour. 42. The following measures shall be implemented during all construction activities throughout build out of the project to minimize the impacts of project- related noise in the vicinity of the proposed project site: a. Construction activities shall be limited to between the following hours: a) 7:00 a.m. to 6 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 be City S: \Community Development \DEV PMTS \R P D \2003 \ -01 WM Lyor. \Reso- cond \cc resolution rpd.doc: Resolution No. 2003 - Page 16 receive complaints from adjacent property owners. No construction work is to be done on Sundays and City observed holidays pursuant to Section 15.26.010 of the Municipal Code. b. Truck noise from hauling operations shall be minimized through establishing hauling routes that avoid residential areas and requiring that `Jake Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and shall be approved by the City Engineer. C. The Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. d. Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. e. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding rural residential neighborhoods. f. Property owners and residents located within 600 feet of the project site, shall be notified in writing on a monthly basis of construction schedules involving major grading, including when clearing and grading is to begin. The project developer shall notify adjacent residents and property owners by Certified Mail- Return Receipt Requested of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be approved by the City Engineer in advance of its mailing and the return receipts, evidencing United States mail delivery, shall be provided to the Engineering Department. g. A construction effects program shall be prepared and submitted to the City after completion and occupancy of the first phase of project build out. This program shall protect, to the degree feasible, new residents from the impacts of sustained construction. 43. The applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a Registered Civil S: \Corunur.ity Development \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Reso- Cond \cc resolution rpd.doc Resolution No. 2003 - Page 17 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. 44. The final grading plan shall meet all UBC and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 45. Concurrent with submittal of the rough grading plan a sediment and erosion control plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irrigation and hydroseeding on all graded areas within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. 46. This project is projected to import soils onsite. Import /export operations requiring an excess of 100 total truckloads or 1,000 cubic yards of material shall require City Council approval prior to the commencement of hauling or staged grading operations. A haul route is to be submitted for review and approval by the City Engineer and Community Development Director. Additional surety for the cleaning and /or repair of the streets shall be required as directed by the City Engineer. 47. All requests for staged grading shall be submitted in writing to the City Engineer for review and approval by the City Council. 48. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to a temporary or permanent 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 except that during the rainy season these measures will be implemented immediately. 49. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted a certified soil engineer will review plans and their recommendations will be subject to the review and S: \Corrmunity Development \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Reso - Cord \cc resolution rpd.doc a,r, 'r�.f'. ^ Resolution No. 2003 - Page 18 approval of the City Engineer and the Community Development Director. 50. All graded slopes shall be planted in a timely manner with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. The planting will be to the satisfaction of the Community Development Director and the City Engineer. 51. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The applicant shall use the City's standard slough wall detail during the design and construction. The City Engineer and Community Development Director shall approve all material for the construction of the wall. 52. Prior to any work being conducted within any State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits will be provided to the City Engineer. 53. During site preparation and construction, the applicant shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. 54. 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. 55. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Engineer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 56. The applicant 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 S: \Commznity Development \DEV PMTS \R P D \2003 \ -01 nm Lycn \Reso- Cond \cc resolution rpd.doc Resolution No. 2003 - Page 19 persons from entering the work site at any time and to protect the public from accidents and injury. 57. Backfill of any pipe or conduit shall be in 4 -inch fully compacted layers unless otherwise specified by the City Engineer. 58. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every 2 feet of lift and 100 lineal feet of trench excavated. Test locations shall be noted using street stationing with offsets from street centerlines. 59. All vehicles in the construction area shall observe a 15- mile per hour speed limit for the construction area at all times. 60. During site preparation and construction, the applicant shall construct temporary storm water diversion structures per City of Moorpark standards. 61. The entire site shall be graded at the same time. Pads shall be graded, planted and landscaped to the satisfaction of the City Engineer. 62. Prior to submittal of grading plans the applicant shall have a geotechnical report prepared to the satisfaction of the City Engineer. 63. Prior to issuance of a building permit, all habitable structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. 64. Prior to issuance of a building permit, an as- graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. 65. 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. 66. Monuments shall meet the City of Moorpark, County of Ventura Standards and shall be to the satisfaction of the City Engineer. 67. Prior to the issuance of a Zoning Clearance for construction for each residential unit, the applicant shall S: \Community Development \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Reso- Cond \cc resoluticn rpd.doc nib r.�A Resolution No. 2003 - Page 20 make a contribution to the Moorpark Traffic Systems Management (TSM) Fund of $1,444.00 per residential unit to fund TSM programs or clean -fuel vehicles programs as determined by the City. Commencing on January 1, 2005, and annually thereafter the Air Quality Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month of December over the prior month of December. In the event there is a decrease in the CPI for any annual indexing, the fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 68. 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 approval date of this resolution the amount of the Citywide Traffic Fee shall be Four - Thousand - Three - Hundred - Eighty -Nine Dollars ($4,389) per residential unit. Commencing January 1, 2004, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 69. The applicant shall contribute to the Los Angeles Avenue Area of Contribution (AOC) Fee Program. The Los Angeles Avenue AOC Fee shall be paid in accordance with City Council adopted AOC fee requirements in effect at the time of building permit application. The AOC Fee shall be paid prior to the issuance of Zoning Clearance for each building permit. 70. Prior to or concurrently with the Final Map and prior to any construction for Walnut Canyon Road an encroachment permit shall be obtained from Caltrans. Any additional S: \Community Development \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Reso- Cond \cc resolution rpd.doc l.i •�� U .J 4..7 .v Resolution No. 2003 - Page 21 rights -of -way required to implement the approved design for this work in the Caltrans right -of -way, including slope easements for future grading, shall be acquired by the applicant and dedicated to the State in a manner acceptable to Caltrans and the City Engineer. All required dedications shall be illustrated on the Final Map. Proof of encroachment or other non -City permits and bonds shall be provided to the City Engineer prior to the start of any grading or construction activities. 71. Prior to or concurrently with the Final Map and prior to any construction for all streets, except for those under the jurisdiction of Caltrans the applicant shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a California Registered Civil Engineer, enter into an agreement with the City of Moorpark to complete public improvements, and post sufficient surety guaranteeing the construction of all improvements. Public streets shall conform to City of Moorpark requirements including all applicable ADA requirements. Street improvements shall be acceptable to the City Engineer and Community Development Director. 72. All streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision), unless noted otherwise in the Conditions. 73. The street improvements shall include concrete curb and gutter, street lights, and signing, striping, interim striping and traffic control, paving, and any necessary transitions, to the satisfaction of the City Engineer. The City Engineer and the Community Development Director shall approve all driveway locations. The applicant shall dedicate any additional right -of -way necessary to make all of the required improvements. 74. Driveways shall be designed in accordance with the latest APWA Standards. 75. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within the right -of -way landscaping areas. When above ground obstructions are to be placed within the sidewalk, a minimum 3.5 feet clear sidewalk width must be provided around the obstruction. 76. The applicant shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. All fences, walls and other structures over six (6) feet high are to be submitted S: \Community Development \DEV PMTS \R P D \2003 \ -31 Wm Lyon \Reso- Cond \cc resolution rpd.doc Resolution No. 2003 - Page 22 to and approved by the Community Development Director and the City Engineer. 77. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the applicant at his /her expense. 78. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. Prior to Final Map recordation, the applicant shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 79. The applicant shall make a pro -rata contribution to the mitigation of cumulative regional drainage deficiencies, should the City adopt such a program prior to issuance of the first building permit. 80. Prior to or concurrently with the Final Map the applicant shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete improvements and shall post sufficient surety guaranteeing the construction of all improvements. 81. The plans shall depict all on -site and off -site drainage structures required by the City. 82. The drainage plans and calculations shall relate to conditions before and after development. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention and NPDES facilities and drainage courses will be addressed. 83. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: a. All storm drains shall carry a 10 -year frequency storm. b. All catch basins shall carry a 10 -year storm. C. 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. d. All culverts shall carry a 100 -year frequency storm. S: \Community Development \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Reso - Cord \cc resolution. rpd.doc Resolution No. 2003 - Page 23 84. Surface flows shall be intercepted, detained and given sufficient time to provide storm water clarification by "passive" BMP systems prior to entering collector or storm drain systems. 85. Under a 10 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector streets shall have a minimum of one dry travel lane in each direction. 86. "After- development" drainage to adjacent parcels shall not be increased above "Pre- development" drainage quantities nor will surface runoff be concentrated by this development. All drainage measures necessary to take care of storm water flows shall be provided to the satisfaction of the City Engineer. 87. Drainage grates shall not be used at any location accessible by pedestrian, bicycle or equestrian traffic. 88. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. 89. All flows that have gone through flow attenuation and clarification by use of acceptable BMP systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices shall be deposited directly into the storm drain system and shall be restricted from entering streets. If necessary, the storm drain system shall be extended to accept these flows. Both storm drains and easements outside the public right -of -way are to be privately maintained unless otherwise approved by the City Council. 90. Concrete surface drainage structures exposed to the public view, shall be tan colored concrete, as approved by the Community Development Director, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. 91. In order to comply with California Regional Water Quality Control Board requirements no curb outlets will be allowed for pad drainage onto the street. The applicant shall inform all new and future homeowners that future improvements such as pool construction or other private improvements require observance of the same requirements. This notification agreement shall be acknowledged by each homeowner and recorded with each. S: \Community Development \DEV PMTS \R P D \2003 \ -01 Wm 7yon \Reso- Cond \cc resolution rpd.doc Ce' r), X"r�P.-- I— v J L. Resolution No. 2003 - Page 24 92. Drainage devices 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 to the satisfaction of the City Engineer. 93. A hydraulic /hydrologic study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by the City, to support the proposed development. 94. Improvements shall be constructed to detain drainage on- site when the drainage amount is between the ten -year and fifty -year storm event. A rainfall intensity Zone K shall be utilized in the design unless alternate design intensity is approved by the City Engineer. 95. Prior to the issuance of a grading permit the applicant shall demonstrate, for each building pad within the development area, that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm; b. Feasible access during a 50 -year frequency storm. c. Hydrology calculations shall be per current Ventura County Flood Control Standards. d. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 96. The applicant shall provide for all necessary on -site and off -site storm drain facilities to the satisfaction of the City Engineer to accommodate upstream and on -site flows. Facilities, as shown on existing drainage studies and approved by the City Engineer, shall be delineated on the final drainage plans. Either on -site detention basins or storm water acceptance deeds from off -site property owners must be specified. 97. The design of the storm drain system shall provide for adequate width easements for future maintenance and reconstruction of facilities particularly those facilities that are deeper than 8 feet. In addition all facilities shall have all - weather vehicular access. This design shall be to the satisfaction of the City Engineer. S: \Corimur.ity Deveiopment \DE:V PMTS \R P D \2003 \ -01 Wm Lyon \Reso- Cond \cc resolution rpd.doc IrN 40 .� J� Resolution No. 2003 - Page 25 98. Engineering and geotechnical reports shall be provided to prove, to the satisfaction of the City Engineer, that all `passive" NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 99. The Developer shall demonstrate and certify to the satisfaction of the City Engineer that all existing storm drain culverts within the site shall perform in an acceptable manner based on their intended design and the proposed increase /decrease of loading conditions, introduction of surface water within subsurface areas that may affect the culvert and proposed construction. This especially includes cast -in -place concrete pipe (CIPP). 100. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall submit a Storm Water Pollution Control Plan (SWPCP) to be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS009002, to the satisfaction of the City Engineer. 101. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan (SWPPP). 102. The applicant 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 one or more acres." The applicant shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 103. The applicant shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." S: \Community Development \DEV PMTS \R P D \2003 \ -01 WM Lycr. \Reso- Cond \cc resolution rpd.doc Resolution No. 2003 - Page 26 104. Prior to Final Map approval, the appplicant shall provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Developer to provide for maintenance in perpetuity. 105. Prior to City issuance of the initial grading permit, the applicant shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require applicant to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite will not be allowed. 106. Prior to the starting of grading or any ground disturbance the applicant shall designate a full -time superintendent for NPDES compliance. The NPDES superintendent shall be present on the project site Monday through Friday and on all other days when the probability of rain is 400 or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to hire personnel, bind the applicant in contracts, rent equipment and purchase materials to the extent needed to effectuate Best Management Practices. The NPDES superintendent shall provide proof to the City Engineer of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than 8 hours directed specifically to NPDES compliance and effective use of Best Management Practices. Proof of such attendance and completion shall be provided to the City Engineer prior to employment to the NPDES superintendent. In addition, an NPDES superintendent shall be employed to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. 107. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the S: \Cc:nmsnity Development \DEV PMTS \R P D \2003 \ -01 nm Lycr. \Reso- Cond \cc resolution rpd.doc AfN r) 41 v r•3 . .Y'v Resolution No. 2003 - Page 27 filing of the Final Map for approval pursuant to Governmental Code Section 66457: a. Notify the City of Moorpark (hereinafter City) in writing that the applicant wishes the City to acquire an interest in the land, which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Supply the City with: (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 108. Prior to the issuance of a building permit for the first residence a copy of the recorded Map(s) shall be forwarded to the City Engineer for filing, and a final grading certification shall be reviewed and approved by the City Engineer. 109. Prior to acceptance of public improvements and bond exoneration reproducible centerline tie sheets shall be submitted to the City Engineer's office. 110. Prior to acceptance of public improvements and bond exoneration sufficient surety in a form and in an amount acceptable to the City guaranteeing the public improvements shall be provided, and shall remain in place for one year following acceptance by the City. 111. Prior to acceptance of public improvements and bond exoneration original 'gas built" plans shall be certified by the Developer's Registered Civil Engineer and submitted with two sets of blue prints to the City Engineer's office. These "as built" plans shall incorporate all plan revisions. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X S: \Community Development \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Reno- Cond \cc resolution rpd.doc CirN ' XN �. v Resolution No. 2003 - Page 28 36 ", they shall be resubmitted as "record drawings" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection is scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer. In addition, Developer shall provide an electronic file update on the City's Master Base Map electronic file, incorporating all storm drainage, water and sewer mains, lines and appurtenances and any other utility facility available for this project. C. For compliance with the following conditions please contact the Ventura County Fire Department: 112. Prior to combustible construction, an all weather access road /driveway suitable for use by a 20 -ton Ventura County Fire Protection District (Fire District) vehicle shall be installed. 113. All access roads /driveways shall have a minimum vertical clearance of 13 feet 6 inches (13'6 "). 114. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire District access roads /driveways exceed 150 feet. Turnaround areas shall not exceed a 2.50 cross slope in any direction and shall be located within 150 feet of the end of the access road /driveway. 115. Public and private roads shall be named if serving more than four (4) parcels. 116. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center for review. 117. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with City of Moorpark Road Standards. 118. Address numbers, a minimum of 4 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event, the structures) is not visible from the street, the address number(s) shall be posed adjacent to the driveway entrance. S: \Community Development \DEV PMTS \R P D \2003 \ -01 Nm Lyon \Reso- Cond \cc resolution rpd.doc Resolution No. 2003 - Page 29 119. Prior to or concurrently with the submittal of plans for building permits a plan shall be submitted to the Fire District for review and approval indicating the method in which buildings are to be identified by address numbers. 120. Prior to construction, the applicant shall submit plans to the Fire District for placement of fire hydrants. On plans, show existing hydrants within 500 feet of the development. Indicate the type of hydrant, number and size of outlets. 121. Prior to combustible construction fire hydrants shall be installed and in service and shall conform to the minimum standards of the City of Moorpark Water Works Manual. 122. Prior to occupancy of any structure, blue reflective hydrant location marketers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap is completed. 123. Prior to map recordation, the applicant shall provide to the Fire District, verification from the water purveyor that the purveyor can provide the required fire flow of 1,000 gallons per minute at 20 psi. 124. A copy of all recorded maps shall be provided to the Fire District within seven (7) days of recordation of said map. D. For compliance with the following conditions please contact the Ventura County Waterworks District No. 1: 125. Prior to issuance of a building permit, provide Ventura County Waterworks District the following: a. Water and sewer improvement plans in the format required. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. C. Copy of approval of fire hydrant locations by County of Ventura Fire Protection District. d. Copy of Release from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. S: \Community Development \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Reso - Cord \cc resolution rpd.doc Resolution No. 2003 - Page 30 f. Fees: Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. g. Signed Contract to install all improvements and a Surety Bond. E. For compliance with the following conditions please contact the Ventura County Flood Control District: 126. No direct storm drain connections to Ventura County Flood Control District facilities shall be allowed without appropriate Best Management Practices (BMP's) for compliance with Ventura Countywide Stormwater Program. 12'7. 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. S: \Community Developm.ent \DEV PMTS \R P D \2003 \ -01 WM Lyon \Reso- Cond \cc resolution rpd.doc Resolution No. 2003 - Page 31 EXHIBIT B SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 2003 -01 SPECIAL CONDITIONS 1. Prior to the issuance of a building permit for each residence adjacent to Walnut Canyon Road, additional articulation shall be applied to the elevations of homes to the satisfaction of the Community Development Director. 2. Prior to the issuance of building permits for Lots 1 through 6, the slope behind the rear yards of the lots shall be stabilized by either the construction of a retaining wall or by the application of soil nailing, at the discretion of the Community Development Director and the City Engineer. Any application so approved must provide at least the minimum rear yard setbacks for the homes on those lots. 3. Prior to the occupancy of the first residence, screening landscape materials shall be planted in Lot C (biofiltration area) to help soften views of the slope behind lots 1 through 6 when viewed from Walnut Canyon Road. 4. Prior to the occupancy of the first residence, lots A and B shall be planted with a combination of trees, vines, shrubs, and ground cover to provide landscaping along the front of the tract wall. 5. Prior to the occupancy of the first residence, continued maintenance of lots A, B, and C shall be ensured by the inclusion of these lots in a landscape maintenance district. 6. Prior to the occupancy of the first residence adjacent to Walnut Canyon Road, a sound wall shall be constructed along the eastern property lines of the lots if determined necessary by a noise study in order for exterior noises to be at or below 65 CNEL. The wall shall be constructed out of decorative materials to the satisfaction of the Community Development Director. In order to screen the wall, a five (5) foot wide planter shall be provided between the wall and Walnut Canyon Road. This planter S: \Community Developrcent \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Reso- Cond \cc resolution rpd.doc Resolution No. 2003 - Page 32 shall be planted with trees, shrubs, and vines to screen the wall. 7. To reduce the interior noise levels, a minimum window glass thickness of 3/16 inch and a standard exterior wall of 5/8 inch gypsum board, 3.5 inch fiberglass filled cavity, 7/8 inch lath and stucco, typical for single family residential developments shall be installed. 8. All second story windows along Walnut Canyon Road shall be Milgard type 5120 double - glazed window assemblies, or an equivalent with a minimum STC 33 rating. 9. All rear and side entry doors of the homes on Lots 8 through 17 shall be gasketed (jamb, head, and sill) with interlocking or tube type compression weather stripping, or an effective equivalent. 10. All exterior vents on the homes on Lots 8 through 17 shall be directed away from Walnut Canyon Road in order to reduce noise transmissions into the house through vents and ducts. 11. Prior to the occupancy of the first residence, the removal of five native walnut trees shall be mitigated by the replanting on -site of walnut trees in a ratio of 10:1. 12. Prior to the occupancy of the first residence, the applicant shall replace trees on the site in an amount equal to the appraised value of the removed trees, as identified in the Tree Report dated December 2002. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark an amount equal to the difference between the appraised amount and the value of the trees planted on site. 13. Prior to the occupancy of the first residence, the applicant shall prepare for review and approval by the Community Development Director a `'New Home Maintenance Manual." This Manual shall detail the various systems of the home and the required maintenance that must be performed, along with schedules, home warrantee information, and information on pest control. The manuals shall be provided to each new homeowner as part of the acquisition. 14. Prior to the occupancy of each residence, full lot landscaping, consisting of turf, shrubs and trees on automatic irrigation shall be installed. Front yard landscaping shall consist of turf and a street tree, while S: \Commun.ty Development \DEV PMTS \R P D \2003 \ -01 t9m Lyon \Reso- Cond \cc resolution rpd.doc Resolution No. 2003 - Page 33 the rear yard may consist of turf only, except along the retaining wall behind lots 1 through 6, where a combination of at least two (2) 15- gallon trees and three (3) five - gallon shrubs per lot shall be planted along the base of the wall to soften the view of the wall. Tree and shrub species shall be selected by the applicant and approved by the City Landscape Consultant and the Community Development Director prior to planting. A landscape plan shall be submitted to the City for review and approval prior to installation. 15. Prior to the occupancy of the first residence, the applicant shall landscape and irrigate the parkway to the satisfaction of the Community Development Director. 16. Prior to issuance of a Zoning Clearance, the building elevations shall be revised to be consistent with the conditions of approval for this Residential Planned Development Permit and Tentative Tract Map No. 5405, subject to Community Development Director approval. 17. All garage doors shall be rollup. A minimum 18 -foot long driveway shall be provided in front of each door. 18. Minimum front yard setbacks on lots 1 through 3 shall be ten (10) feet. An entry porch may encroach by five (5) feet into this setback on lots 1 through 3. Minimum front yard setbacks for lots 4 through 17 shall be 18 feet. 19. Each residence shall maintain a minimum rear yard setback of fifteen (15) feet and a minimum side yard setback of five (5) feet. 20. Accessory structures and patio covers shall maintain a minimum five (5) foot side yard and rear yard setback. STANDARD CONDITIONS A. For compliance with the following conditions please contact the Community Development Department: 1. The Residential Planned Development permit is granted for the land and project as identified on the entitlement application form and as shown on the plot plans and elevations incorporated herein by reference as Exhibit "A ". 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. S: \Community Development \DEV PMTS \R P D \2003 \ -G1 Wrn Lyon \Reso- Cond \cc resolution rpd.doc .tea f•, � .r, .-y t- Resolution No. 2003 - Page 34 2. All conditions of Tentative Tract Map 5405 shall apply to this residential planned development permit. 3. Unless the Residential Development Permit 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 Community Development Director may, at his /her discretion, grant up to two (2) one (1) year extensions for project inauguration if there have been no changes in the adjacent areas and if Applicant can document that he /she has diligently worked towards inauguration of the project during the initial three -year period and the Applicant has concurrently requested a time extension to the tentative tract map. The request for extension of this entitlement shall be made at least 30 -days prior to the expiration date of the permit. 4. Prior to occupancy of each dwelling unit the applicant shall install front yard landscaping as approved on the landscape plans. 5. No expansion, alteration or change in architectural elements that are visible from any abutting street shall be allowed, unless in the judgment of the Community Development Director such change is compatible with all dwellings having frontage on the same street and located within 200 feet (or as otherwise determined by the Community Development Director) of the side property line of the structure proposed for expansion or alteration, subject to the review and approval of the Community Development Director consistent with these approved conditions and Zoning Code requirements. 6. All air conditioning or air exchange equipment shall be placed at ground level, may not be placed in a sideyard setback area within 15 feet of an opening window at ground floor level of any residential structure, and shall not reduce the required sideyards to less than 5 feet of level ground. 7. All facilities and uses other than those specifically requested in the application are prohibited unless an application for a modification is submitted to the Department of Community Development consistent with the requirements of the Zoning Code. 8. Garages shall maintain a clear unobstructed dimension of 20 feet in length and 10 feet in width for each parking stall S: \Community Development \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Reso - Cord \cc resolution rpd.doc .�„ G, Resolution No. 2003 - Page 35 provided with a minimum of two garage - parking stalls required for each dwelling unit. 9. Rain gutters and downspout shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to the street or drives in non - corrosive devices as determined by the City Engineer. 10. Hot water solar panel stub -outs shall be provided. 11. 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. 12. Prior to the issuance of a Zoning Clearance for construction, working drawings, grading and drainage plans, plot plans, final map (if requested by the Community Development Director), sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. B. For compliance with the following conditions please contact the Engineering Division: 13. The City Engineering conditions of approval for Tentative Tract Map No. 5405 apply to Residential Planned Development Permit No. 2003 -01. C. For compliance with the following conditions please contact the Ventura County Fire Department: 14. All conditions of Tentative Tract Map 5405 shall apply. D. For compliance with the following conditions please contact the Ventura County Waterworks District No. 1: 15. All conditions of Tentative Tract Map 5405 shall apply. E. For compliance with the following conditions please contact the Police Department: 16. Prior to issuance of building permits for either the residential or recreational components of the project, the Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. To the degree feasible, public safety planning recommendations shall be incorporated into S: \Community Development \DEV PM:'S \R P D \2003 \ -01 Wm Lyon \Reso- Cond \cc resolution rpd.doc Resolution No. 2003 - Page 36 the project plans. The Applicant shall prepare of list of project features and design components that demonstrate responsiveness to defensible space design concepts. Review and approval by the Police Department of all defensible space design features incorporated into the project shall occur prior to initiation of the building plan check process. F. For compliance with the following conditions please contact the Moorpark Unified School District: 17. Prior to issuance of building permits for the residential units, all legally mandated school impact fees applicable at the time of issuance of a building permit shall be paid to the Moorpark Unified School District. -End- S: \Community Development \DEV PMTS \R P D \2003 \ -01 Wm Lyon \Reso- Cond \cc resolution rpd.doc t � �� � r� •-may ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO. 2003 -01, FOR A CHANGE OF ZONE FROM RURAL EXCLUSIVE - 5 ACRE MINIMUM LOT SIZE (RE -5AC) AND OPEN SPACE (OS) TO RESIDENTIAL PLANNED DEVELOPMENT - 7 UNITS PER ACRE (RPD -7U) ON 3.15 ACRES OF LAND, LOCATED WEST OF WALNUT CANYON ROAD, APPROXIMATELY ONE -HALF MILE NORTH OF CASEY ROAD, ON THE APPLICATION OF WILLIAM LYON HOMES (ASSESSOR PARCEL NO. 500 -0- 270 -050) WHEREAS, on July 1, 2003, the Planning Commission adopted Resolution No. PC- 2003 -448 recommending approval to the City Council of Zone Change No. 2003 -01, for a change of zone from Rural Exclusive - 5 acre minimum lot size (RE -5Ac) and Open Space (OS) to Residential Planned Development - 7 units per acre (RPD -7U) on a 3.15 acre site located west of Walnut Canyon Road, approximately one -half mile north of Casey Road; and WHEREAS, at a duly noticed public hearing on August 20, 2003, the City Council considered the agenda report for Zone Change No. 2003 -01 and any supplements thereto and written public comments; opened and closed the public hearing and took and considered public testimony both for and against the proposal and reached a decision on this matter; and WHEREAS, the City Council has read, reviewed, considered and adopted a Mitigated Negative Declaration prepared for the project referenced above. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The Zoning Map described and referenced in Chapter 17.12 of Title 17, Zoning, of the Municipal Code of the City of Moorpark is hereby amended as shown in Exhibit "A" attached hereto. SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, CC ATTACHMENT 5 Ordinance No. Page 2 irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this day of , 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit A: Zone Change Map S: \Community Development \DEV PMTS \R P D \2003 \ -01 nm Lyor.\Ordinance \cc orninance.doc Cf-, 'r N 4'� #�n Ordinance No. Page 3 " w rs -• EXHIBIT A i• OS -1 • • os 7.3 AG . ... Qr IN- • .�. oa AREA PROPOSED BE ZONED RPD-7u r�ooPv� 1 .d. ♦ A �. ..► ,. • • • - S: \Community Development \DFV PMTS \R P D \2003 \ -01 tom Lycr. \Ordinance \cc ordiiance.doc to occupancy of the 165th residential unit in Tract No. 5187. The Implementation Plan shall include a payment amount by the Developer to provide for the perpetual maintenance of the trail staging area. Said payment shall be made prior to occupancy of the 165th residential unit for Tract 5187. The Implementation Plan shall also include provisions for the Developer to construct a temporary trail staging area within the "A" Street right -of -way south and west of the future intersection of "A" Street and "E" Street of Tract 5187. (d) No extraction of subsurface mineral resources, excavation, drilling, pumping, mining, or similar activity shall be allowed in any portion of the Property zoned Open Space. The limitations and exclusions described in this subsection shall be included in the conservation easements. 6.11. Developer shall provide five (5) four (4) bedroom and two bath single family detached units with a minimum of 1,200 square feet and a maximum of 1,500 square feet to be sold to buyers who meet the criteria for low income (80 percent or less of median income); five (5) four (4) bedroom and two bath single family detached units with a minimum of 1,200 square feet and a maximum of 1,500 square feet to be sold to buyers who meet the criteria for very low income (50 percent or less of median income) and ten (10) four (4) bedroom and two (2) bath single family detached units with a minimum of 1,200 square feet and maximum of 1,500 square feet to be sold to buyers who meet the criteria for moderate income (110 percent or less of median income). Prior to approval of the first final map for Tentative Tract Map No. 5187, Developer shall acquire at it's sole cost and expense, an approximate two -acre parcel (Affordable Housing Parcel) within the Moorpark Redevelopment Agency project area on which to construct the 20 referenced units. All units shall include a standard size two -car garage with roll -up garage door and a minimum driveway length of eighteen (18) feet measured from the back of sidewalk, meet minimum setback requirements of the City RPD zone, include concrete roof tiles, and other amenities typically found in moderate priced housing in the City (e.g., air conditioning /central heating, washer /dryer hookups, garbage disposal, built -in dishwasher). West Pointe Dev Agr 2001 44 —15 — CC ATTACEMNT 6 Meat Pointe rev Agr 2001 14 Developer must have received city approval of a land use designation, zoning, tentative tract map, residential planned development permit and any other required permits and approvals to allow construction of the referenced twenty (20) dwelling units on the Affordable Housing Parcel prior to approval of the first residential occupancy for Tract Map No. 5187. Developer shall be responsible for the following at its sole cost and expense: (a) Processing of City required entitlements including but not limited to Tentative Tract and Final Map and Residential Planned Development Permit (RPD). (b) Processing of General Plan Amendment, Zone Change, and environmental document (up to a Mitigated Negative Declaration but not an Environmental Impact Report). (c) Payment of all required City fees for processing of applications for (a) and (b), above, consistent with City's Fee Schedule in effect at the time an application is filed with the City. (d) Pay all City capital improvement and mitigation fees including but not limited to those fees required in subsections 6.3, 6.4, 6.5, 6.7, 6.12, 6.16 and 6.17 of this Agreement. (e) Grade the site per approved map, install all utilities, and construct all public and private improvements consistent with City standards typical for such subdivision. The first ten units (5 moderate, 2 low, 3 very low) shall be constructed and ready for occupancy prior to the 100th occupancy in Tract 5187, and the next 10 units (5 moderate, 3 low, 2 very low) shall be constructed and ready for occupancy prior to the occupancy of the 150th unit in Tract 5187. If for any reason less than twenty (20) dwelling units are approved for the Affordable Housing Parcel by the City, Developer shall pay Seventy Thousand Dollars ($70,000.00) to City for each unit less than the required twenty (20) units. The total amount shall be due and payable prior to occupancy of the 50th unit in -16- � 1 F', n 4 ., / - v� West Pointe Dev Agr 2001 N4 Tract 5187. This amount shall be adjusted on March 1, 2005, by any increase in the Consumer Price Index (CPI) and annually thereafter on each March 1. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month of December over the prior month of December. In the event there is a decrease in the CPI for any annual indexing, the amount due shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. In the event less than twenty (20) units are approved on the Affordable Housing Parcel, the first such unit deducted from the required number of units shall be a moderate income unit, the second such unit a low income unit, the third unit a very low income unit and so forth in the same order. In the event Developer does not receive City approval for at least 16 dwelling units on an Affordable Housing Parcel prior to March 1, 2005, City at it's sole discretion can require payment in the amount of Two Million Six Hundred Twenty Five Thousand Dollars $2,625,000.00 payable prior to approval of the first final map for Tract Map No. 5187. Effective March 1, 2006, this amount shall increase by one -half of one percent (.5 %) each month until paid. At City's sole discretion, two of the lots intended for either low or very low income buyers on the Affordable Housing Parcel may be retained by the City for purposes of constructing the dwelling units in conjunction with a non - profit group. The initial purchase price for the low- income buyers shall not exceed affordable housing cost, as defined in Sec. 50052.5(b) (2) of California Health and Safety Code. For a family of 4, the monthly "affordable housing cost" would be 30% times 70% of $71,800, the current median income for a family of 4 in Ventura County, divided by 12. This monthly amount includes the components identified in Section 6920 of Title 25 of the California Code of Regulations shown below. (See Section 50052.5(c) of the Health and Safety -17- L.J i Code.? The selling price for a household of 4 or fewer, would be $137,500 under current market conditions, based upon the following assumptions: Low Income Buyer Household of Four Item Detail Amount Purchase Price $137,500 Down Payment 5% of purchase price $6,875 Loan Amount 95% of purchase price $130,625 Interest Rate 7.5% Property Tax 1.2596 $143 /mo. HOA $50 /mo. Fire Insurance $40 /mo. Maintenance $30 /mo. Utilities $100 /mo. The initial purchase price for a low- income household of five or more would be based on the affordable housing cost for the actual household size. Under current market conditions, that price would be $150,000 for a household of five, $164,000 for a household of six, and $177,500 for a household of seven. The initial purchase price for the very low - income buyers shall not exceed $90,000, based on the following assumptions: Very Low Income Buyer Household of Four Item Detail Amount Purchase Price $90,000 Down Payment 5% of purchase price $4,500 Loan Amount 95% of purchase price $85,500 Interest Rate 7.5% Property Tax 1.25% $94 /mo. HOA $50 /mo. Fire Insurance $40 /mo. Maintenance $30 /mo. Utilities $100 /mo. West Pointe Dev Agr 2001 44 -18- Nest Pointe Dev Agr 2001 04 That initial purchase price for a very low- income household of five or more would be based on the affordable housing cost for the actual household size. Under current market conditions, that price would be $99,500 for a household of five, $109,000 for a household of six, and $118,500 for a household of seven. The assumptions associated with the above purchase price figures include a minimum of 5% down payment, based on buyer's purchase price, mortgage interest rate of 7.5 %, no mortgage insurance, property tax rate of 1.25 %, homeowners' association dues of $50 per month, fire insurance of $40 per month, maintenance costs of $40 per month, and utilities of $100 per month. The initial purchase price for a moderate income household of four shall not exceed Two Hundred Forty Thousand Dollars ($240,000.00). The initial purchase price for all three categories of buyers shall be adjusted based on then current interest rates, then applicable income calculations and other pertinent factors as contained in the Affordable Housing Implementation and Resale Restriction Plan. If "affordable housing cost ", as defined in Section 50052.5 of California Health and Safety Code, should change in the future, the above guidelines will be modified. The Affordable Housing Implementation and Resale Restriction Plan shall address this potential change. The difference between the initial purchase price and market value shall be retained by the City as a second deed of trust and will be further defined in the Affordable Housing Implementation and Resale Restriction Plan. City shall control the resale of any of the units. Developer shall pay closing costs for each unit, not to exceed $5,000. Beginning March 1, 2005, and on March 1't for each of fifteen subsequent years, the maximum $5,000 to be paid for closing costs shall be increased annually by any percentage increase in the Consumer Price Index (CPI) for All Urban Consumers for Los Angeles /Orange /Riverside metropolitan area during -19- Neat Pointe Dev Agr 2001 04 the prior year. The calculation shall be made using the month of December over the prior month of December. In the event there is a decrease in the CPI for any annual indexing, the amount due shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. In addition, in lieu of constructing ten (10) low income and five (5) very low income affordable housing units, for each of the two hundred fifty dwelling units in the project, developer shall pay to City an In Lieu Fee which shall be used by the City at its sole discretion for the purpose of providing housing affordable to very low, low or moderate income households. The In Lieu Fee in the amount of Three Thousand Four Hundred Dollars ($3,400.00) shall be paid prior to issuance of the building permit for each dwelling unit in the Project. Commencing on March 1, 2005 and annually thereafter, the In Lieu Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all In Lieu Fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month of December over the prior month of December. In the event there is a decrease in the CPI for any annual indexing, the In Lieu Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. The initial purchase price, market value, buyer eligibility, resale restrictions, equity share and second trust deed provisions, respective role of City and Developer, and any other items determined necessary by the City shall be set forth in the Affordable Housing Implementation and Resale Restriction Plan, which shall be approved by the City Council in its sole and unfettered discretion prior to recordation of the first final Tract Map for this Project. The Developer and City shall, prior to the occupancy of the first residential unit for the Project, execute an Affordable Housing Agreement that incorporates the Plan in total and is consistent with this Agreement. Developer shall pay the City's direct -20- costs for preparation and review of the Affordable Housing Implementation and Resale Restriction Plan and the Affordable Housing Agreement up to a maximum of Seven Thousand, Five Hundred Dollars ($7,500.00). 6.12. Developer agrees that the Mitigation Measures included in the City Council certified Final Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program (MMRP), or subsequent environmental clearance document approved by the Council, set forth the mitigation requirements for air quality impacts. Developer agrees to pay to City an air quality mitigation fee, as described herein (Air Quality Fee), in satisfaction of the Transportation Demand Management Fund mitigation requirement in the Final Environmental Impact Report (EIR) for the Property. The Air Quality Fee may be expended by City in its sole discretion for reduction of regional air pollution emissions and to mitigate residual Project air quality impacts. rat Pointe Dev Agr 2001 14 At the time the Fee is due, City may at its sole discretion require Developer to purchase equipment, vehicles, or other items, contract and pay for services, or make improvements for which Developer shall receive equivalent credit against Air Quality Fee payments or refund of previous payments. The Air Quality Fee shall be One Thousand Four Hundred Forty -Four Dollars ($1,444.00) per residential unit to be paid prior to the issuance of each building permit for the first residential unit in Tract 5187. Commencing on March 1, 2005, and annually thereafter the Air Quality Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month of December over the prior month of December. In the event there is a decrease in the CPI for any annual indexing, the fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. For institutional uses, the Air Quality Fee shall be calculated by the Community Development Department -21-