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HomeMy WebLinkAboutAGENDA REPORT 2005 0406 CC REG ITEM 08AITEM _ I. A. CITY OF MOORPARK, CALIFORNIA City Council Meeting of _ G -.?00.5 ACTION--, Olaf �*&d 1 do. MOORPARK CITY COUNCIL C`O*- -�� . AGENDA REPORT ?'y : L/"t TO: Honorable City Council FROM: Barry K. Hogan, Community Development Direc o Prepared By: Joseph Fiss, Principal Planner DATE: March 30, 2005 (CC Meeting of 4/6/2005, Continued from CC Meeting of 3/2/2005) SUBJECT: Consider General Plan Amendment No. 2003 -02, Zone Change No. 2003 -02, Vesting Tentative Tract No. 5425, and Residential Planned Development (RPD) No. 2003- 02, a Request to Subdivide Approximately 15 Acres for Condominium Purposes to Develop 102 Duplex -Style and Detached Condominium Dwellings and a Recreation Facility, Located at the Terminus of Fremont Street, South of Los Angeles Avenue (Hwy 118) and East of Majestic Court, on the Application of Shea Homes, Inc.; (506 -0- 020 -23, 506 -0- 020 -31, 506 -0- 020 -32, 506- 0- 020 -33, 506 -0- 020 -34) BACKGROUND /DISCUSSION Shea Homes has submitted a request to develop 102 duplex -style and detached condominium dwellings and a recreation facility on approximately 15 acres, located south of Los Angeles Avenue at the terminus of Fremont Street. The application includes a proposed General Plan Amendment, Zone Change, Vesting Tentative Tract Map, and Residential Planned Development Permit. This project was reviewed by the Planning Commission on March 2, March 16, and April 6, 2004, and public comments were received. On April 6, 2004, the Planning Commission adopted Resolution No. PC- 2004 -455 recommending to the City Council adoption of a Mitigated Negative Declaration and approval of a General Plan Amendment, Zone Change, Vesting Tentative Tract Map, and Residential Planned Development Permit for the proposed project. S: \Community Development \DEV PMTS \R P D \2003 \ -02 Shea 2 \Agenda Rpts \cc agenda report.050406.doc 000001 Honorable City Council April 6, 2005 Page 2 On March 2, 2005 this project was reviewed by the City Council. At that hearing, the City Council opened the public hearing and took public testimony on this project. The public hearing was continued to April 6, 2005, to coincide with the consideration of a Development Agreement for this project. Staff has been working with the applicant to create a street design for "A" Street which provides safe and attractive passage for both vehicles and pedestrians. To that end, "A" Street will be redesigned to provide sidewalks on both sides of the street. In order to provide sidewalks which are compliant with the Americans with Disabilities Act (ADA), a five foot (5') landscaped parkway will be provided adjacent to the curb so that persons using the sidewalk will not have to traverse the driveway depressions. The street will be reduced to thirty -six feet (36') in width, with no parking on the west side of the street, to accommodate the parkway. This will not create an undue burden on parking, because, as designed, there are very few opportunities for on street parking on the west side of the street due to the narrow lot width. On Majestic the sidewalk will be adjacent to the curb on both the north side and south sides of the street. The two driveways that front on Majestic will be adjusted to ensure that the sidewalk will be ADA compliant. A condition of approval has been added to ensure that these changes will be made, subject to the satisfaction of the Community Development Director and the City Engineer. STAFF RECOMMENDATION 1. Continue to take public testimony and close the public hearing. 2. Adopt Resolution No. 2005- adopting a Mitigated Negative Declaration and approving General Plan Amendment No. 2003 -02. 3. Introduce, for first reading, Ordinance No. approving Zone Change No. 2003 -02. 4. Adopt Resolution No. 2005- approving Vesting Tentative Map No. 5425 and Residential Planned Development (RPD) No. 2003 -02. \ \mor_pri_sery \City Share \Community Development \DEV PMTS \R P D \2003 \ -02 Shea 2 \Agenda Rpts \cc agenda report.050406.doc 000002 Honorable City Council April 6, 2005 Page 3 ATTACHMENT: 1. Reduced Vesting Tentative Map 5425 2. City Council Agenda Report of March 2, 2005 (without draft City Council resolutions and ordinance). 3. Draft Resolution Adopting a Mitigated Negative Declaration and Approving General Plan Amendment No. 2003 -02. 4. Draft Ordinance Approving Zone Change No. 2003 -02. 5. Draft Resolution Approving Vesting Tentative Tract No. 5425 and Residential Planned Development No. 2003 -02. \ \mor_pri_sery \City Share \Community Development \DEV PMTS \R P D \2003 \ -02 Shea 2 \Agenda Rpts \cc agenda report.050406.doc 000003 MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Direc o Prepared By: Joseph Fiss, Principal Planner DATE: February 23, 2005 (CC Meeting of 3/2/05) SUBJECT: Consider General Plan Amendment No. 2003 -02, Zone Change No. 2003 -02, Vesting Tentative Tract No. 5425, and Residential Planned Development (RPD) No. 2003- 02, a Request to Subdivide Approximately 15 Acres for Condominium Purposes to Develop 102 Duplex -Style and Detached Condominium Dwellings and a Recreation Facility, Located at the Terminus of Fremont Street, South of Los Angeles Avenue (Hwy 118) and East of Majestic Court, on the Application of Shea Homes, Inc.; (506 -0- 020 -23, 506 -0- 020 -31, 506 -0- 020 -32, 506- 0- 020 -33, 506 -0- 020 -34) BACKGROUND Shea Homes has submitted a request to develop 102 duplex -style and detached condominium dwellings and a recreation facility on approximately 15 acres, located south of Los Angeles Avenue at the terminus of Fremont Street (location map attached). The application includes a proposed General Plan Amendment, Zone Change, Vesting Tentative Tract Map, and Residential Planned Development Permit. This project was reviewed by the Planning Commission on March 2, March 16, and April 6, 2004, and public comments were received. On April 6, 2004, the Planning Commission adopted Resolution No. PC- 2004 -455 recommending to the City Council adoption of a Mitigated Negative Declaration and approval of a General Plan Amendment, Zone Change, Vesting Tentative Tract Map, and Residential Planned Development Permit for the proposed project. The Planning Commission agenda reports are attached. CC ATTACHMENT 1 000004 Honorable City Council March 2, 2005 Page 2 DISCUSSION This project is designed as an extension to the Canterbury Lane project (Tract 5133 and RPD No. 1998 -01) to the west, a seventy - nine (77) unit, 2 -story condominium development currently under construction. A duplex -style design has been proposed for eighty -six (86) of the housing units, the same product as Tract No. 5133 /RPD No. 1998 -01. The remaining sixteen (16) units are detached; however, they share the same architecture and floor plans as the duplex -style units. This product provides an eighteen foot (181) long driveway, allowing off -site parking for two vehicles for all units. The proposed units are designed to give the appearance of large, single- family homes from the street. By providing a variety of floor plans and elevations, the appearance of "back -to- back" duplex units is avoided. The dwelling units are all two stories in height. A standard level of architectural detail and sufficient architectural variety between units is provided to create visual interest. The units range from 1,607 square feet to 1,885 square feet of floor area. The current General Plan land -use designations of the site are General Commercial (C -2) and Medium Density Residential (M) . The current Zoning designations are Commercial Planned Development (CPD) and Single - family Residential (R -1). The applicant is proposing to change the General Plan designation to Very High Density Residential (VH) and Floodway (FLDWY) and the Zoning to Residential Planned Development - Twelve Units per Acre (RPD - 12u) and Open Space (OS) . Exhibits showing the proposed General Plan land -use designation and Zoning are included in the attached draft General Plan Amendment Resolution and Zone Change Ordinance. The proposal would result in a gross density of 6.8 dwelling units per acre before dedication of streets and land for flood control purposes. The net density would be 11.3 dwelling units per acre for the portion that would be residentially zoned. The large discrepancy between net and gross density is due to the proposed land dedication of approximately 2.76 acres to the Ventura County Watershed Protection District for flood control purposes, nearly twenty percent (20 %) of the project site. This is in addition to land for street dedications. The Arroyo dedication would be shown on the General Plan as Floodway (FLDWY) and zoned as Open Space (OS) as a condition of approval. The requested zoning designation of RPD - 12u would accommodate the proposed density and be consistent with the zoning of the adjacent approved Planned Development. 0000 05 Honorable City Council March 2, 2005 Page 3 The General Plan designation of Very High Density Residential (VH) allows a maximum density of 15.0 dwelling units per acre. Twenty -eight (28) mature non - native ornamental trees on site will be removed. In order to compensate for the loss of mature trees, enhanced landscaping equal to the value of the removed trees will be required to be installed. Per the Horticultural Tree Report prepared by Lee Newman Design Group, the replacement value of the trees is $47,548.00. Although the adjacent Tract No. 5133 /RPD No. 1998 -01 is a smaller site, the value of those trees on that site was placed at $130,324.00. A condition of approval was placed on that project for enhanced landscaping of that value. Because this tract is proposed to be developed in conjunction with Tract No. 5133, it would be appropriate to spread the enhanced landscaping over both projects to create a balanced and unified landscape concept for the entire development. This would meet the requirements of the ordinance and no modification to the conditions of Tract No. 5133 /RPD No. 1998 -01 would be necessary. Should, for any reason, this tract not be constructed, the conditions of Tract No. 5133 would remain in full force. Tract No. 5133 /RPD No. 1998 -01 also contains a condition of approval requiring a private recreation area. A subsequent modification to that Tract allowed for the private recreation area to be placed off -site, in anticipation of this subdivision and RPD. A private recreation area has been included on the southeast corner of this project and is proposed to be used by the residents of this project and residents of Tract No. 5133. The proposed 0.35 acre private recreation area ,is adequate to take the place of the 0.22 -acre site approved for Tract No. 5133 and can serve the 179 housing units in both projects. Though specific architecture and amenities have not been established, a condition of approval is included requiring a recreation building, swimming pool, and play area with equipment. The condition states that the final design of these amenities will be subject to approval by the Community Development Director. Should the recreation area for Tract No. 5133 be built, it shall remain, and the recreation area for Tract No. 5425 shall also be built in accordance with the conditions of approval. This has also been clarified in the special conditions of approval. A single Homeowners Association would be established, encompassing both tracts for maintenance of the landscaping and recreation 000006 Honorable City Council March 2, 2005 Page 4 area, as well as, Fremont Street and the landscaped areas along the rear lots of Fremont Street. Several residents on Fremont Street have expressed concerns regarding their privacy because this tract will be raised several feet above the existing grade. Retaining walls will be provided to elevate the site. The applicant had originally proposed six foot (6') high privacy walls at the top of the slope with retaining walls at the bottom of the slope, adjacent to the Fremont Street rear property lines. This is the condition that was approved for Tract 5133, on the west side of the Fremont Street Tract. The combined height of this wall condition could exceed twelve feet (12') in height. The zoning code does not allow combined retaining /garden walls to exceed ten feet (10') in height. At the southern end of the site, there is no need for a retaining wall and thus the applicant has proposed only the six foot (6') high privacy walls. Special Condition of Approval No. 12 of the RPD has been modified since the Planning Commission recommendation, requiring that, where possible, the Community Development Director may approve a stepped retaining wall with a privacy wall at the top of the slope. This stepped condition improves the privacy of the Fremont Street residents, by increasing the relative distance from the new two -story house to the property line by at least five feet (5') . The ultimate location and design of the walls and fencing shall be subject to the review and approval of the Community Development Director. "D" Street has been re- designated as a private street because it is expected that the proposed project to the east would extend it as a private street. The City will retain the ability to make it public if there is ever a public benefit to do so. It is also widened to forty feet (40') from thirty -six feet (36') to not only better serve as local residential collector for this and the expected project to the east, but to also allow parking on both sides of the street. This will require a reduction of one -foot (1') in the rear yards for Pads 16 -35, both inclusive. In addition to the consideration of the proposed entitlements as analyzed in the attached Planning Commission Agenda Report, the applicant is also requesting consideration of a Development Agreement for this project. A City Council Ad -hoc Committee consisting of Councilmembers Mikos and Parvin has negotiated a draft Development Agreement between Shea Homes, Inc. and the City of Moorpark which is addressed in another item on this agenda. 00000'7 Honorable City Council March 2, 2005 Page 5 Upon further review, staff has determined additional conditions that should be added to the project since the Planning Commission recommendation. These additional conditions would be considered minor. The changes are as follows: • The underground water detention facility in the southeast corner of the project will consist of mechanical filters that require ongoing maintenance by the Homeowners Association. In the unlikely event that the HOA becomes unable to continue maintenance, a mechanism is required to provide for the continued maintenance of the filters. A special condition has been included to require a back -up assessment district to provide for permanent maintenance of the underground detention facility within the recreation area. • A portion of the tract boundaries is on Fremont Street. The four (4) units (Pads 99 -102) as shown would put the back yards of two (2) units (101 and 102) where normally front yards would be on Fremont Street. A special condition of approval has been added to redesign pads 99 to 102 to have front yards on Fremont Street. • Staff is also concerned with the proximity of the driveway to Los Angeles Avenue in light of the requirement for a deceleration lane west of the project entrance. Having a driveway so close to the project entrance creates an unsafe condition for vehicles pulling out of those driveways. A special condition of approval has been added to replot the units on pads 45 and 46 to move the driveway access further to the south to provide for a safer condition at this location. In addition, a special condition of approval has been added to restrict the entrance to the tract to a right -in, right -out only from and to Los Angeles Avenue. For clarity, all special conditions that have been changed or added are shown in the Draft RPD and Tract Resolution (Attachment 10) in legislative format. This format will not appear in the final resolution. STAFF RECObIlWMATION Open the public hearing, take public testimony, and continue the item, with the public hearing open, to the meeting of April 6, 000008 Honorable City Council March 2, 2005 Page 6 2005, to coincide with the consideration of the Development Agreement. ATTACHMENTS: 1. Location Map 2. Planning Commission March 2, 2004, March 16, 2004 and April 6, 2004 Agenda Reports (without Attachments) 3. Draft Initial Study 4. Site Plan 5. Vesting Tentative Tract Map 5425 6. Typical Elevations 7. Typical Floor Plans 8. Draft Resolution Adopting a Mitigated Negative Declaration and Approving General Plan Amendment No. 2003 -02 9. Draft Ordinance Approving Zone Change No. 2003 -02 10. Draft Resolution Approving Vesting Tentative Tract Map No. 5425 and Residential Planned Development No. 2003 -02 rllll• f Avg r. EP El j. AVE Ja;r 5 � -Fill t i N a S #{ IGO it }w ( { « '- � AOS AWE E&AAE*k E. - - -- W....L. `�. 1. .�_ t i { ; � 3 s A; if1/JlMA 1R l i } x City of Moorpark LEGEND Planning Division Location Map Subject Property Location: South of Los Angeles Avenue (1 000 Foot Radius) 000010 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared By: Joseph F. Fiss, Principal Plan DATE: 3 February 23, 2004 (PC Meeting of 3/2/2004) SUBJECT: Consider General Plan Amendment No. 2003 -02, Zone Change No. 2003 -02, Vesting Tentative Tract No. 5425, and Residential Planned Development (RPD) No. 2003 -02, a Request to Subdivide Approximately 15 Acres for Condominium Purposes to Develop 102 Duplex -Style and Detached Condominium Dwellings and a Recreation Facility, Located at the Terminus of Fremont Street, South of Los Angeles Avenue (Hwy 118) and East of Majestic Court, on the Application of Shea Homes, Inc.; (506 -0- 020 -23, 506- 0- 020 -31, 506 -0- 020 -32, 506 -0- 020 -33, 506 -0- 020 -34) BACKGROUND Shea Homes has submitted a request to develop 102 duplex -style and detached condominium dwellings and a recreation facility on approximately 15 acres, located south of Los Angeles Avenue at the terminus of Fremont Street. The application includes a proposed General Plan Amendment to change the land -use designation of the site from General Commercial to High - Density Residential, a Zone Change to change the zoning from General Commercial to Residential Planned Development, a Vesting Tentative Tract Map to subdivide the land, and a Residential Planned Development Permit for the architecture and site design. The site will surround the existing Fremont Street neighborhood on the east, west and south sides. This project is proposed to be built together with and as an extension of approved Tentative Tract No. 5133 /RPD No. 98 -01. S: \Community Development \DEV PMTS \R P D \2003 \ -02 Shea \Agenda Rpts \Agenda Report.040217_;?oc 00001.1 Honorable Planning Commission March 2, 2004 Page 2 DISCUSSION Project Setting Existina Site Conditions: Existing buildings on the site include a church, a fraternal lodge and an office for a former automotive dismantling business. The site is basically fiat and has been disturbed by commercial uses. Vegetation consists of a few trees, shrubs and weeds. The various lots are separated by miscellaneous chain link and wood fencing. Surrounding uses include: the Arroyo Simi to the south, the Fremont Street residential tract to the west, Los Angeles Avenue to the north and recreational vehicle storage and commercial uses to the east. The site is directly adjacent to the Arroyo Simi and 2.76 acres of the site are being dedicated to the Ventura County Watershed Protection District (VCWPD) for creation of a wetlands area. The dedication substantially affects the shape and size of the area available for development. Much of the remaining developable area of the site is currently within the 100 -year floodplain. Flood protection in this area is being addressed through the raising of the site several feet with fill material. Site design issues related to flood control are addressed later in this report. Previous Applications: There have been no previous entitlement applications on this specific site; however, as mentioned above, this project is designed as an extension to Tract 5133 and Residential Planned Development No. 98 -01 to the west. A previous General Plan Amendment Pre - screening Application that included this site and additional property to the east was filed by LT Development in 2000. That proposal would have allowed a total of 271 dwelling units. In 2001, the City Council reviewed the Pre - screening Application and authorized the filing of a General Plan Amendment for residential use of this property. Residential Planned Development (RPD) No. 98 -01 and Vesting Tentative Tract Map (VTTM) No. 5133, on the south side of Los Angeles Avenue, west of Fremont Street, were originally approved by the City Council on October 6, 1999, for seventy -nine (79) 2- story, condominium dwelling units on three (3) condominium lots within a 10.37 acre parcel. There were three (3) subsequent minor modifications, most recently on July 2, 2003, resulting in minor changes to the approved product, the street alignment and the height of retaining walls. 000012 Honorable Planning Commission March 2, 2004 Page 3 GENERAL PLAN /ZONING Direction General Zoning Land Use Plan General Commercial Site (C -2) / Medium CPD/ R -1 Commercial /Lodge /Church /Vacant Density Res. (M) Medium North Density R -1 Los Angeles Avenue /Single- __ Res. (M)— family Residential South Floodway O -S Arroyo Simi /Single Family Residential General East Commercial CPD Commercial (C -2) West Medium Density R -1/ Single- family /Vacant (Entitled Res.(M) RPD for Tract 5133 /RPD 1998 -01) General Plan and Zoninq Consistency: The applicant is concurrently requesting a General Plan Amendment and Zone Change for this project. The current General Plan designations of the site are General Commercial (C -2) and Medium Density Residential (M) . The current Zoning designations are CPD (Commercial Planned Development) and R -1 (Single- family Residential). The applicant is proposing to change the General Plan designation for the residential portion of the site to Very High Density Residential (VH) and the Zoning to RPD. The proposal would result in a gross density of 6.8 dwelling 'units per acre (102/15 =6.8) for the entire site before dedication of streets and land for flood control purposes. The net density would be 11.3 dwelling units per acre (102/9 =11.3) for the portion that would be residentially zoned. The large discrepancy between net and gross density is due to the proposed dedication to the Ventura County Watershed Protection District for flood control purposes of approximately 2.76 acres (nearly twenty percent (200) of the project site) , in addition to, street dedications. The Arroyo dedication would be planned as Floodway (FLDWY) and zoned as Open Space (OS) as a condition of approval. The requested zoning designation of RPD -12 would accommodate the proposed density and be consistent with the zoning of the adjacent approved Planned Development. The General Plan designation of Very High Density 0000.3 Honorable Planning Commission March 2, 2004 Page 4 Residential (VH) allows a maximum density of 15.0 dwelling units per acre. The purpose of the Residential Planned Development zone is to provide areas for communities which will be developed, utilizing modern land planning and unified design techniques. This zone provides a flexible regulatory procedure in order to encourage: 1. Coordinated neighborhood design and compatibility with existing or potential development of surrounding areas; 2. An efficient use of land particularly through the clustering of dwelling units and the preservation of the natural features of sites; 3. Variety and innovation in site design, density and housing unit options, including garden apartments, townhouses and single - family dwellings; 4. Lower housing costs through the reduction of street and utility networks; and 5. A more varied, attractive and energy - efficient living environment, as well as, greater opportunities for recreation than would be possible under other zone classifications. Proposed Project Architecture: A duplex -style design has been proposed for eighty -six (86) of the housing units; the same product that has been approved as part of Tract No. 5133 /RPD No. 1998 -01. This product provides a useable eighteen -foot (18') long driveway. The proposed units are designed to give the appearance of a large, single - family home from the street. By providing a variety of floor plans and elevations, the appearance of "back -to- back" duplex units is avoided. The dwelling units are all two stories in height. A standard level of architectural detail and sufficient architectural variety between units is provided to create visual interest. The square footage of the units ranges from 1,607 square feet to 1,885 square feet. The remaining sixteen (16) units are detached; however, they share the same architecture and floor plans as the duplex -style units. A special condition of approval regarding articulation of the side and rear elevations of the detached units has been added to provide for visual interest. Setbacks: Setbacks in the RPD Zone are determined by the Conditions of Approval. Although this is a condominium project, it has been 000014 Honorable Planning Commission March 2, 2004 Page 5 designed to impart the sense of a compact, single - family neighborhood that will be compatible with the Fremont Street neighborhood, the approved adjacent tract (Tract No. 5133 /RPD No. 1998 -01), and other surrounding properties. Strict adherence to the setbacks would substantially alter the design concept. This project is unique in that there are two (2) types of setbacks to be considered. The first type of setback to be considered is the setback from the project boundaries and the new public street. The overall setback from Los Angeles Avenue is designed to be consistent with those of other residential projects, including Tract No. 5133. A three(31) foot landscaped strip will buffer the sound wall from the Los Angeles Avenue right -of -way, with the individual dwelling units set back from thirteen (13') feet to twenty -one (21') feet from the right -of -way. These setbacks are taken from the edge of the ultimate Los Angeles Avenue right -of -way. Backyard setbacks adjacent to the Fremont Street tract are a minimum of thirteen (13') feet, slightly less than the fifteen (15') foot setback that is typically found in residential tracts. A minimum five (5') foot side yard setback has been provided along the new southern tract boundary. The second type of setback is the setback between structures and from the private streets. Each unit is proposed with a small front yard to be maintained by the Homeowners Association. A minimum eighteen (181) foot deep front yard is proposed to accommodate a driveway deep enough for two (2) vehicles to park off of the street. Typical five (5') foot side yards and fifteen (15') foot rear yards are proposed; however, in a few isolated instances lesser setbacks are proposed. A condition of approval will be added so that side yard clearances will not be less than three (3') feet and that rear yards will not be less than thirteen (13') feet. Circulation: The tract is designed to take access from Los Angeles Avenue on the north and the extension of Majestic Court on the west. The "L" shaped access allows for short private streets and driveways creating small neighborhoods. Given the unique shape of the property, twenty (20) units take access from "A" Street and three (3) units take access from Majestic Court, both public streets. Fremont Street is currently a private street easement, which presently serves seventeen (17) houses and a church building. Fee title to Fremont Street is held by Shea Homes, and is contained within the boundaries of this proposed subdivision. As part of this proposal, Fremont Street would be a cul -de -sac on the north 000015 Honorable Planning Commission March 2, 2004 Page 6 end, just before to Los Angeles Avenue. Full access rights would be provided to existing residences through to Majestic Court. The project proposes five (5) detached houses and six (6) duplex units to take access from Fremont Street. Currently, there is no development proposal for the property to the east of this project. However, staff anticipates a request for a residential proposal for that site in the near future, although the site is currently zoned for commercial use. The applicant has been required to provide "stubbed" street access to these two (2) properties with access and drainage easements irrevocably given to the City of Moorpark. The City would be able to accept these easements when and if the adjacent properties need such access and transfer the City's access and drainage rights to those properties. The applicant would be required to construct a six (61) foot high wood fence across the end of these stubbed streets and provide a minimum three (31) foot landscape area. The Homeowners Association would be required to maintain the fences and landscaping until such time as the easements are activated and the streets extended. Traffic: A traffic report was prepared for this project. According to the analysis, over a 24 -hour period, the proposed project is expected to generate 1,008 daily trips during a typical weekday (504 inbound and 504 outbound trips) . The project's calculated fair share contribution toward the recommended cumulative mitigation measures are 0.6% for the Moorpark Avenue /High Street intersection, 1.5% for the Moorpark Avenue /Los Angeles Avenue intersection and 3.3% for the Spring Road /New Los Angeles Avenue intersection. The traffic analysis also evaluated the potential closure of Fremont Street at Los Angeles Avenue. Vehicular access would be provided via the future extension of Majestic Court. The traffic analysis concluded that the potential Fremont Street closure would not result in any significant changes to the existing traffic patterns. The disposition of Fremont Street will be discussed further in the analysis section. Parking: For dwelling units, the Zoning Code requires a minimum of one (1) 2 -car garage per unit. In addition, in the RPD Zone, one -half (1/2) space per dwelling unit is required for visitor parking. Using this formula, a total of 255 parking spaces would be required. [(102x2) + (102x.5) = 255). Without counting parking available on public or private streets, 408 parking spaces have been provided for the project. Each dwelling unit has been provided with a garage that has a minimum 000016 Honorable Planning Commission March 2, 2004 Page 7 interior clear area of twenty (20') feet by twenty (20') feet to accommodate two (2) vehicles. An eighteen (1$1) foot deep driveway is also provided to accommodate two (2) additional vehicles parked off street, for a total of four (4) potentially available off - street parking spaces per dwelling unit. Additional parking will be provided on the streets, but will be restricted to one side of the street for the private streets, Majestic Court and "A" Street. A condition of approval has been added to this effect. Landscaping /Recreation: Existing vegetation consists of ornamental trees, shrubs and weeds. The twenty -eight (26) trees on the project site include California peppers, Arizona cypresses, English walnuts, and fan palms. The applicant /owner,.has been notified of the potential for brush fires, as well as, for illegal dumping and other potential code violations on the site. Cleaning of the site has been initiated. The mature trees on site will be removed due to the grading required to raise the property above the 100 -year flood condition. Per the Municipal Code, enhanced landscaping will be provided on site, equal to the value of the removed trees. This will be discussed further in the analysis section. Proposed landscaping will consist of common area landscaping, including the recreation area, strips adjacent to walls, and landscaping along the Los Angeles Avenue frontage. Furthermore, the front yard of every unit will be landscaped prior to occupancy and will be continuously maintained by the Homeowners Association. A private recreation area is shown in the southeast corner of the project and is proposed to be used by the residents of this project and of Tract No. 5133. This recreation area will take the place of the smaller one approved for Tract No. 5133. One Homeowners Association will be established for both tracts and maintenance of the landscaping and recreation area will be the responsibility of the property owners of both tracts. This issue is discussed further in the analysis section. Site Improvements and National Pollutant Discharge Elimination System Requirements (NPDES): The City Engineer has conditioned the project to provide for all necessary on -site and off -site storm drain improvements, including the imposition of National Pollutant Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices Drainage Facilities are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. 000017 Honorable Planning Commission March 2, 2004 Page 8 Air Quality: According to the 2003 Ventura County Air Quality Assessment Guidelines, the proposed project will produce 4.41 tons of Nitrogen Oxides (NOx) per year and 3.35 tons of Reactive Organic Gases in its first year, which is below the allowable 25 pounds per day threshold. Air quality has been addressed as a standard condition of approval requiring a contribution to the Moorpark Transportation Systems Management (TSM) Fund to offset air pollutants, consistent with the recommendations of the Ventura County Air Quality Assessment Guidelines. ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • Flood Control • General Plan and Zoning for Open Space Lot • Fremont Street • Access /Drainage to Site to the East • Landscaping /Recreation Flood Control: Site planning for this project is affected by the Arroyo Simi and the Ventura County Watershed Protection District (VCWPD) in several aspects. As mentioned below, 2.76 acres of the 'site are being dedicated to the VCWPD for creation of a wetlands area. This substantially decreases not only the size of the site, but the north -south length of the site, thus requiring a greater grade change to obtain proper drainage. The north side of the site is required to be substantially higher than the south side, thus requiring higher sound walls along Los Angeles Avenue (approximately seven to ten feet in height). In addition, retaining walls raise the grade of the project site from approximately one (1') foot to seven (7') feet, adjacent to the rear yards on the east side of the Fremont Street tract. Similar design constraints were encountered as part of Tentative Tract No. 5133, just west of this project site. 000018 Honorable Planning Commission March 2, 2004 Page 9 General Plan and Zoninq for Open Space Lot: Approximately 2.76 acres of the project site are proposed for dedication to the Ventura County Watershed Protection District for flood control purposes. This would leave approximately twelve (12) acres for the development of 102 housing units, including public and private streets. It has been the City's practice to designate such dedications as "Floodway (FLDWY)" and to zone the land "Open Space (OS)" on the General Plan Land Use map. Since the boundary between the development and dedication may change slightly, it is recommended that the land to be dedicated, be designated on the General Plan use map as "Floodway (FLDWY)" and zoned as "Open Space (OS) ", with the boundary set by limits of the ultimate dedication, which would be established at the time of Final Map. The Discussion section above includes an explanation how this dedication and subsequent zoning affect the ultimate residential density of the project. Fremont Street: As mentioned above, Fremont Street is a private street easement that is actually part of one of the lots of this subdivision. Fremont Street is proposed to be extended southward to provide a connection to Majestic Court. The applicant would close Fremont Street at Los Angeles Avenue by providing a cul -de -sac at the north end, with pedestrian access to Los Angeles Avenue. In order for Fremont Street to remain a private street, the existing Fremont property owners or the new Homeowners Association, or both, would be required to agree to maintain the street in perpetuity. Regardless of whether Fremont Street remains private or public, the applicant will be required to provide access, either through a reciprocal access agreement or other instrument, for the entire length of Fremont Street, from Los Angeles Avenue to Majestic Court. Conditions of Approval address the proper subdivision of the street and the provision of full access. Access /Drainage to Site to the East: A commercially -zoned parcel lies directly to the east of this project, and is currently used for recreational vehicle storage. No development proposal has been filed for the site, but staff anticipates that a residential proposal for that site may be submitted in the near future. Although that site has frontage on Spring Road, future access to Spring Road may be restricted and thus adequate access, circulation and drainage should be provided from this property. A condition of approval has been added to this project so that irrevocable offers of dedication are given to the City for reciprocal access and drainage easements for the entire length and width of the four (4) streets on the eastern side of the 000019 Honorable Planning Commission March 2, 2004 Page 10 project. "D" Street has been conditioned to be built to public street standards with a thirty -six (36') foot curb -to -curb width. The irrevocable offer of dedication for "D" Street would not be accepted by the City until, or if ever, needed for residential street purposes by the adjacent property. At that time, at the City's option, the City could accept necessary dedication(s) and then transfer the easement(s) to the adjacent property. This procedure of not accepting the offered dedication, until needed, would limit any liability for the City while allowing the City to keep control of access /drainage through this property. Landscaping /Recreation: As previously mentioned, twenty -eight (28) mature non - native ornamental trees on site will be removed. In order to compensate for the loss of mature trees, enhanced landscaping equal to the value of the removed trees will be required to be installed. Per the Horticultural Tree Report prepared by Lee Newman Design Group, the replacement value of the trees is $47,548.00. Although the adjacent Tract No. 5133 /RPD No. 1998 -01 is a smaller site, the value of those trees on that site was placed at $130,324.00. A condition of approval was placed on that project for enhanced landscaping of that value. Because this tract is proposed to be developed in conjunction with Tract No. 5133, it would be appropriate to spread the enhanced landscaping over both projects to create a balanced and unified landscape concept for the entire development. This would meet the requirements of the ordinance and no modification to the conditions of Tract No. 5133 /RPD No. 1998 -01 would be necessary. Should this tract not be constructed, the conditions of Tract No. 5133 would remain in full force. As with the tree replacement, Tract No. 5133 /RPD No. 1998 -01 contains a condition of approval requiring a private recreation area. A subsequent modification to that tract allowed for the private recreation area to be placed off -site, in anticipation of this subdivision and RPD. A private recreation area has been included on the southeast corner of this project and is proposed to be used by the residents of this project and of Tract No. 5133. The proposed 0.35 acre private recreation area is adequate to take the place of the 0.22 -acre site approved for Tract No. 5133 and can serve the 181 housing units in both projects. Though specific architecture and amenities have not been established, a condition of approval is included requiring a recreation building, swimming pool, and play area with equipment. The condition will state that the final design of these amenities will be subject to approval by the Community Development Director. A single Homeowners Association would be established, encompassing both tracts for maintenance of the landscaping and recreation area. 000020 Honorable Planning Commission March 2, 2004 Page 11 Development Agreement A City Council Ad -hoc Committee consisting of Councilmember's Mikos and Parvin has been established to develop a draft Development Agreement between Shea Homes, Inc. and the City of Moorpark. This agreement would be presented to the Planning Commission as a separate item at a future meeting if so directed by the City Council. 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 -02 and Zone Change No. 2003 -02, to allow for a density up to twelve (12) 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 -02 and Zone Change No. 2003 -02, to allow for a density up to twelve (12) 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. 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 reciprocal access easements for the improvement of Fremont Street and for the site to the east 000021 Honorable Planning Commission March 2, 2004 Page 12 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 fronts upon a public waterway (Arroyo Simi) as defined in California Government Code Section 66478.1 et seq. Public access easements will be provided per Conditions of Approval. 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 provide for the orderly development of land identified in the City's General Plan and Zoning Ordinance as appropriate for residential development. 2. The proposed project is compatible with the character of surrounding development, in that the surrounding, existing and future development which includes a variety of single - family attached and 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; and reciprocal access easements will be provided to the sites to the east. 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 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 proposed project is compatible with nearby commercial uses and with the Arroyo Simi. 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 000022 Honorable Planning Commission March 2, 2004 Page 13 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 General Plan Amendments and Zone Changes are legislative acts that are not subject to processing time limits 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). The applicant has elected to process the Vesting Tentative Map and Residential Planned Development concurrently with the General Plan Amendment and Zone Change. 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. 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 cannot 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 000023 Honorable Planning Commission March 2, 2004 Page 14 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 RECObOdENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Recommend approval to the City Council of a Mitigated Negative Declaration. 3. Adopt Resolution No. PC -2004- recommending to the City Council conditional approval of General Plan Amendment No. 2003 -02. Zone Change No. 2003 -03, Vesting Tentative Tract Map No. 5425, and Residential Planned Development No. 2003 -03. ATTACHMENTS: 1. Location Map 2. Project Exhibits A. VTTM No. 5425 B. Site Plan C. Typical Elevation D. Typical Floor Plan 3. Initial Study and Mitigated Negative 4. Draft PC Resolution with Conditions Declaration of Approval 000024 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared By: Joseph F. Fiss, Principal Plann r DATE: March r 9, 2004 (PC Meeting of 3/16/2004) SUBJECT: Consider General Plan Amendment No. 2003 -02, Zone Change No. 2003 -02, Vesting Tentative Tract No. 5425, and Residential Planned Development (RPD) No. 2003 -02, a Request to Subdivide Approximately 15 Acres for Condominium Purposes to Develop 102 Duplex -Style and Detached Condominium Dwellings and a Recreation Facility, Located at the Terminus of Fremont Street, South of Los Angeles Avenue (Hwy 118) and East of Majestic Court, on the Application of Shea Homes, Inc.; (506 -0- 020 -23, 506- 0- 020 -31, 506 -0- 020 -32, 506 -0- 020 -33, 506 -0- 020 -34) DISCUSSION Shea Homes has submitted a request to develop 102 duplex -style and detached condominium dwellings and a recreation facility on approximately 15 acres, located south of Los Angeles Avenue at the terminus of Fremont Street. The application includes a proposed General Plan Amendment to change the- land-use designation of the site from General Commercial to High- Density Residential, a Zone Change to change the zoning from General Commercial to Residential Planned Development, a Vesting Tentative Tract Map to subdivide the land, and a Residential Planned Development Permit for the architecture and site design. A public hearing for this project was opened on March 2, 2004. At that hearing, the developer requested a continuance in order to discuss conditions of approval with staff. The Planning Commission opened the public hearing and took testimony. The developer has requested another extension to April 6, 2004, in order to continue discussions with staff. \ \mor pri_sery \City Share \Community Development \DEV PP7TS \R P D \2003 \ -02 Shea \Agenda Rpts \Agenda Report.040406.doc 000025 Honorable Planning Commission March 16, 2004 Page 2 STAFF RECObMMMATION Accept public testimony and continue the item with the public hearing open to April 6, 2004. 000026 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission -�IV FROM: Barry R. Hogan, Community Development Director Prepared By: Joseph F. Fiss, Principal Planner DATE: Marchr,26, 2004 (PC Meeting of 4/6/2004) SUBJECT: Consider General Plan Amendment No. 2003 -02, Zone Change No. 2003 -02, Vesting Tentative Tract No. 5425, and Residential Planned Development (RPD) No. 2003 -02, a Request to Subdivide Approximately 15 Acres for Condominium Purposes to Develop 102 Duplex -Style and Detached Condominium Dwellings and a Recreation Facility, Located at the Terminus of Fremont Street, South of Los Angeles Avenue (Hwy 118) and East of Majestic Court, on the Application of Shea Homes, Inc.; (506 -0- 020 -23, 506- 0- 020 -31, 506 -0- 020 -32, 506 -0- 020 -33, 506 -0- 020 -34) DISCUSSION Shea Homes has submitted a request to develop 102 duplex -style and detached condominium dwellings and a recreation facility on approximately 15 acres, located south of Los Angeles Avenue at the terminus of Fremont Street. The application includes a proposed General Plan Amendment to change the land -use designation of the site from General Commercial to High- Density Residential, a Zone Change to change the zoning from General Commercial to Residential Planned Development, a Vesting Tentative Tract Map to subdivide the land, and a Residential Planned Development Permit for the architecture and site design. The public hearing for this project was opened by the Planning Commission on March 2, 2004, and public comments were received. The hearing was continued to March 16, 2004, at the request of the applicant, to allow for discussion of the recommended Conditions of Approval with staff. Prior to the March 16, 2004 Planning Commission Meeting, the applicant requested another extension, with the hearing open, to April 6, 2004, in order to continue discussions with staff. That extension was also granted after \ \mor_pri_sery \City Share \Community Development \DEV PMTS \R P D \2003 \ -02 Shea \Agenda Rpts \Agenda Report.040406.doc 0000217 Honorable Planning Commission April 6, 2004 Page 2 additional public comments were received. Residents of the Fremont Street neighborhood raised concerns at the hearing on the height of the walls and fences adjacent to and within their neighborhood. ANALYSIS The applicant was primarily concerned with Conditions of Approval regarding improvement of Los Angeles Avenue and with specific wording of engineering conditions. Los Angeles Avenue - The City's Public Works Department is currently in the process of designing improvements and acquiring right -of -way for street widening along the south side of Los Angeles Avenue /Highway 118. This project will provide three (3) travel lanes in each direction by widening the road and shifting the centerline eleven feet (11') to the south between Millard Street and Spring Road. The widening project includes a five - hundred -foot (5001) long transition west of Millard Street and east of Spring Road, and is designed to include a traffic signal at Millard Street. These improvements coincide with Shea's responsibility to provide off -site improvements that are directly related to their project. For consistency of design and construction, it is clear that the City should continue to move forward on its improvement projects, provided that the applicant funds its fair share of those improvements. Shea is in concurrence and has proposed revisions to several Conditions of Approval to reflect this understanding. Staff has incorporated applicant's proposed revisions into the attached Planning Commission resolution, except for one proposed additional clause in Special Condition Number 11 of Tentative Tract No. 5425. Tract 5133, also known as Shea 1, was conditioned to contribute $60,000.00 towards the design and installation of the traffic signal at Millard Street and Los Angeles Avenue. Shea is proposing that the same cost per home ($779.22) be applied to this project. With this project, it should be Shea's responsibility to pay for the entire balance of the cost of the design and installation of the signal, since it is these two projects that created the need for the signal. Engineering Issues - The developer has requested that the language applied to site improvements and National Pollution Discharge Elimination System (NPDES) requirements be changed. Staff is in concurrence with the requested changes as summarized in legislative format below: The City Engineer has conditioned the project to provide for all necessary on -site and off -site storm drain improvements 000028 Honorable Planning Commission April 6, 2004 Page 3 within the limits of the project and improvements related to Los Angeles Avenue and Arroyo Simi. The project will comply with lun-g -the imposition of National Pollution Discharge Elimination System (NPDES) requirements. `Passive," Structural, and Treatment Control Best Management Practices Drainage Facilities are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions_prior to entering the storm drain system and additional water quality filters and systems. A layered approach using various methods will be implemented to achieve compliance with the City's Urban Runoff and Stormwater NPDES Permit. -- In most cases,' staff encourages the use of "Passive" treatment control systems because they have a lower failure rate than mechanical systems. However, in "infill" situations such as this, it is not always practical or beneficial to rely on a single treatment control system. A combination of passive and structural treatment systems can often work as well as biofilters and infiltration areas to provide an effective system of water clarification. Staff has reviewed the applicant's proposed modifications to the Special and Standard Conditions of Approval and concurs that the modifications are acceptable for this project. As mentioned above, "infill" projects, such as this, often require slight modifications to situations that would otherwise be "standard ". The Planning Commission Resolution has been modified to reflect these changes. The modifications have been made in legislative format in the resolution for ease of reading. The modified Special Conditions of Approval of Vesting Tentative Tract No. 5425 are Numbers 7, 11, 12, and 15. The modified Standard Conditions of Approval of Vesting Tentative Tract No. 5425 are Numbers 12, 43, 52, 53, 56, 72, 74, 79, 84, 91, 93, 101 and 109. Fences and Walls - Several residents on Fremont Street have expressed concerns regarding their privacy because this tract will be raised several feet above the existing grade. Retaining walls will be provided to elevate the site. The applicant has proposed six -foot (6') high privacy walls at the top of the slope with retaining walls at the bottom of the slope, adjacent to the Fremont Street rear property lines. At their highest, the combined walls are approximately nine feet (9') in height. At the southern end of the site, there is no need for a retaining wall and thus the applicant has proposed only the six -foot (6') high privacy walls. In light of the privacy concerns of the existing residents, a 000029 Honorable Planning Commission April 6, 2004 Page 4 better solution would be to allow a single combined retaining /privacy wall at the property line. Special Condition of Approval No. 10 of RPD No. 2003 -02 has been modified, requiring that, where possible, a single combined retaining /privacy wall of no less than eight feet (8') and no higher than ten feet (10') shall be provided. In the event that an alternative design is required, the Community Development Director may approve a stepped retaining wall with a privacy wall at the top of the slope. The ultimate location and design of the walls and fencing shall be subject to the review and approval of the Community Development Director. STAFF RECOLMNDATION 1. Accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2004- recommending to the City Council adoption of a Mitigated Negative Declaration and conditional approval of General Plan Amendment No. 2003 -02, Zone Change No. 2003 -03, Vesting Tentative Tract Map No. 5425, and Residential Planned Development No. 2003 -03. ATTACHMENTS: 1. March 2, 2004 Planning Commission Meeting Agenda Report (resolution not included). 2. Draft (Modified) PC Resolution with Conditions of Approval. 000030 ®R i Ad CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 Project Title: Shea Homes /Canterbury Case No.: RPD 2003- 021VTM 54251 GPA 2003 -022C 2003 -02 Contact Person and Phone No.: Joseph Fiss (805) 517 -6226 Name of Applicant: Shea Homes Limited Partnership Address and Phone No.: 555 St. Charles Dr. #205 Thousand Oaks, CA 91360 (805) 557 -2100 Project Location: Terminus of Fremont Street, south of Los Angeles Avenue (Hwy 118) and east of Majestic Court General Plan Designation: Residential Medium Zoning: R -1 /CPD Project Description: A request to develop 102 duplex style condominium dwellings and a recreation facility on approximately 15 acres, located at the terminus of Fremont Street, south of Los Angeles Avenue (Hwy 118) and east of Majestic Court" The application consists of a Residential Planned Development (RPD), a vesting tentative tract map to subdivide five parcels for condominium purposes, a General Plan Amendment (from Residential Medium Density and General Commercial to Residential Very High Density and Floodway) and a Zone Change (from R -1 and CPD to Residential Planned Development [RPD) and Open Space [OS]). This project is proposed to be built together with, and as an extension of Tract 5133/RPD 98 -01. Surrounding Land Uses and Setting: North: Los Angeles Avenue/Residential South: Arroyo Simi East: Unimproved (Approved Tract 5133) West: COmmerciaURecreational Vehicle Storage Responsible and Trustee Agencies: Ventura County, California Dept. of Trans. 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 S" nificant Impact -or Zess Than Significant IMth ;tit' ation,' as indicated by the checklist on the lollo>ving pages. Aesthetics Agricultural Resources Air Quality X Biological Resources Cultural Resources Geology /Soils Hazards and Hazardous Materials X Hydrology/Water Quality Land Use /Planning Mineral Resources X Noise Population/Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance None 000031. Shea Homes VTM 5425, RPD 2003 -02 ZC 2003 -02, GPA 2003 -02 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: Date: Reviewed by: Date: "R 0 2 0.00032 Shea Homes VTM 5425, RPD 2003 -02 ZC 2003 -02, GPA 2003 -02 INITIAL STUDY EXHIBIT 1: MITIGATED NEGATIVE DECLARATION MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM 1. A sound wall, a minimum of seven (7) feet in height shall be constructed along the northern boundary of the site, abutting Los Angeles Avenue. Monitoring Action Physical Inspection Timing: Prior to Occupancy of Units Responsibility. Community Development Department 2. The project shall comply with Chapter 15.24 (Floodplain Management) of the Moorpark Municipal Code. The applicant shall make necessary improvements to the site and/or the Arroyo Simi channel so that the site will no longer be a flood hazard. Drainage and flood control devices shall be provided in compliance with City and National Pollutant Discharge Elimination System (NPDES) requirements. The applicant shall apply for and receive a CLOMR (Conditional Letter of Map Revision) from FEMA prior to any grading activity in the 100 year floodplain_ The applicant shall comply with all of the requirements of the CLOMR. Monitoring Action: Inspect drainage and flood control improvements to the Arroyo Simi and /or the site as recommended by the hydrology study and for compliance with NPDES. Timing: During grading and prior to dwelling construction. Responsibility. City Engineer, Community Development Department, Federal Emergency Management Agency 3_ 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. 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 and inspect site for compliance Timing: Prior to issuance of occupancy zoning clearances Responsibility: Community Development Department 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 000033 A. AESTHETICS — Would the project: 1) Have a substantial adverse a /ect on a scenic vista? 2) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highmey? 3) Substantially degrade the emosting visual character or quality of the site and its surroundings? 4) Create a new source of substantial light or glare vnhich would adversely affect day or nighttime views in the area? Shea Homes VTM 5425, RPD 2003 -02 ZC 2003 -02, GPA 2003 -02 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact X X X X Response: The Site is not located within an identified scenic corridor and there are no scenic resources on site. Normal street fighting and residential light sources will not have a significant impact on vistas and will be evaluated and be consistent with the City's lighting ordinance_ Architecture and landscaping will be evaluated for consistency with City standards Sources: Project Application and exhibits (3114103), Moorpark Municipal Code, General Plan Land Use Element (1992). Mitigation: None required. 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 emdsting zoning for agricultural use, or a X Williamson Act contract? 3) involve other changes in the wisting environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? X _Response: This is an infiil project, is in an urban setting and does not affect agricultural resources. Historically, this site was used for agricultural purposes; however it has not been in production in recent years. The Ventura County important Farmland Map classifies the site as "Urban and Built -Up land. Sources: Biological Assessment/Archaeological Survey /Project Application (3 /14 /03),California Dept of Conservation: Ventura County Important Farmland Map (2000) Mitigation: None required. 4 0 00034 Shea Homes VTM 5425, RPD 2003 -02 ZC 2003 -02, G PA 2003 -02 Less Than Potentially Sign cant Less Than Significant With Sign cant No Impact Mitigation Impact Impact C. AIR QUALITY — Would the project: 1) Conflict with or obstruct implementation of the applicable 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 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)? 1 4) Expose sensitive receptors to substantial pollutant X concentrations? 5) Create objectionable odors affecting a substantial number X of people? Response: The project is estimated to result in approximately 4.41 tons of Nitrogen Oxides (NOx) per year and 3.35 tons of Reactive Organic Gases in its first year, mostly from vehicle trip emissions. The level for NOx exceeds suggested thresholds of the Ventura County Air Pollution Control District of 25 lbs. per day. A Standard Condition of Approval has been added as part of the project for the developer to pay a contribution to the City's Transportation System Management fund, reducing this impact to a less than significant level. No additional mitigation is needed. Sources: Ventura County Air Pollution Control District: Ventura County Air Quality Assessment Guidelines (2000), URBEMIS 2001 Mitigation: None required. D. BIOLOGICAL RESOURCES — Would the project: 1) Have a substantial adverse elect, 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 bythe California Department of Fish and Game or U.S. Fish and Wildlife Service? 2) Have a substantial adverse elect on any riparian habitat 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 elect on federally protected wetlands as defined by Section 404 of the Clean Water Act (inducing, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, 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 X X 000035 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 CommunityConservation Plan, or other approved local, regional, or state habitat Shea Homes VTM 5425, RPD 2003 -02 ZC 2003 -02, GPA 2003 -02 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact X X conservation plan Response: Due to the highly disturbed urban setting of the site, there are minimal adverse affects to biological resources. This project does propose the removal of mature trees, both native and non- native from the site, requiring mitigation in accordance with the Chapter 12.12 of the Moorpark Municipal Code. Sources: Biological Assessment/Horticultural Tree Report/Project Application (3/14/03), California Department of Fish and Game: Natural Diversity Data Base - Moorpark and Simi Valley Quad Sheets (1993) Mitigation: 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 X an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? 4) Disturb any human remains, including those interred X outside of formal cemeteries? Response: There are no known or expected cultural resources on the project site. Sources: Archaeological Survey /Project Application (3/14/03) Mitigation: None required. F. GEOLOGY AND SOILS - Would the project: 1) E )pose 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. X ii) Strong seismic ground shaking? X 6 000036 Potentially Significant Impact iii) Seismic - related ground failure, including liquefaction? iv) Landslides? 2) Result in substantial soil erosion or the loss oftopsoit? 3) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result ofthe project, and potentially result in on- or oil-site landslide, lateral spreading, subsidence, liquefaction or collapse? 4) Be located on a )pansive soil, as defined in Table 1 8-1 -13 of the Uniform Building Code (1994), creating substantial risks to life or property? r. 5) Have soils incapable of adequately supporting the use of septic tanks or altemative waste water disposal systems where sewers are not available for the disposal of waste Shea Homes VTM 5425, RPD 2003 -02 ZC 2003 -02, GPA 2003 -02 Less Than Significant Less Than With Significant No Mitigation Impact Impact x X x x x X Resoonse: This project will be built subject to compliance with building codes and compliance with all project conditions of approval. A I plans will be subject to the review and approval of the City prior to issuance of building permits. The site is not located in an earthquake fault zone. The site is, however, located in a liquefaction hazard zone; therefore, geotechnical measures will be incorporated into the project design as required by the Seismic Hazards Mapping Act. Sources: Project Application and Exhibits(3/14 /03), Alquist- Priolo Earthquake Fault Zone Map (Simi Valley West, 1999), Seismic Hazard Zone Map (Simi Valley, 1997) General Plan Safety Element (2001) Mitigation: None required. G. HAZARDS AND HAZARDOUS MATERIALS — Would the project: 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 invotving 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 mite of an eidsting 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? 7 000037 Potentially Significant 6) Fora Impact project within the vicinity of a private airstrip, mould 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 adopted emergency response plan or emergency evacuation plan? 8) Expose people or structures to a signiicanl risk of loss, injury or death involving vAdland fires, including where wildlands are adjacent to urbanised areas or where Shea Homes VTM 5425, RPD 2003 -02 ZC 2003 -02, GPA 2003 -02 Less Than Significant Less Than With Significant No Mitigation Impact Impact X X X Response: There are no known hazards on the project site, nor will new hazards be- created as a result of the project. - Sources: Project Application (3/14/03), General Plan Safety Element (2001) 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 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 of -site? 4) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantiailyincrease 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 stonnwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? X 7) Place housing within a 100 -year flood hazard area as X mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other food hazard delineation map? 8) Place within a 100 -year flood hazard area structures which X would impede or redirect food flows? 9) Expose people or structures to a significant risk of loss, X 8 000038 Potentially Significant Impact injury or death involving i) boding, including flooding as a result of the failure of a levee or dam? ii) Inundation byseiche, tsunami, or mudlow? Shea Homes VTM 5425, RPD 2003 -02 ZC 2003 -02, GPA 2003 -02 Less Than Significant Less Than With Significant No Mitt ation Impact Impact x Response: The site is within a within a FEMA identified 10Q -year flood hazard area. On site grading and improvements may affect existing drainage patterns. Sources: Grade Drainage Study/Preliminary Geologic and Geotechnical Engineering Study /Project Application (3114/03), General Plan Safety Element (2001), Moorpark Municipal Code Mitigation: The project shall comply with Chapter 15.24 (Roodplain Management) of the Moorpark Municipal Code. The applicant shall make necessary improvements to the site and/or the Arroyo Simi channel so that the site will no longer be a flood hazard. Drainage and flood control devices shall be provided in compliance with City and National Pollutant Discharge Elimination System (NPDES) requirements. The applicant shall apply for and receive a CLOMR (Conditional Letter of Map Revision) from FEMA prior to any grading activity in the 100 year flood lain. The applicant shall comply with all of the requirements of the CLOMR. 1. LAND USE AND PLANNING - Would the project: 1) 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 inning 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? Response: The Tentative Tract Map and Residential Planned Development Application were filed concurrently with a General Plan Amendment and Zone Change. The applications and plans are internally consistent and, if approved, will not conflict with any other plans. The project is consistent with the goals and policies of the General Plan. Sources: Project Application (3114/03), General Plan Land Use Element (1992) 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 locally4mportant X mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Response: There are no known mineral resources on site Sources: Project Application (3114/03), General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation: None required. 0 000039 K. NOISE — Would the project result in: 1) Exposure of persons to or generation of noise levels in 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 groundbome vibration or groundbome noise levels? 3) A substantial permanent increase in ambient noise levels in the project vidnityabove levels existing without the project? 4) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 5) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, vwuld 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 the project expose people residing or working in the project area to excessive noise levels? Shea Homes VTM 5425, RPD 2003 -02 ZC 2003 -02, GPA 2003 -02 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact X X X — X X X Response: There will be a temporary increase in noise during grading and construction. Noise generators will be required to comply with the City's Noise Ordinance and allowed hours of construction. Future residents on site may be subject to excessive noise levels from traffic on Los Angeles Avenue. Sources: Noise Study /Project Application (3/14/03), General Plan Noise Element (1998) Mitigation: A sound wall, at least seven (7) feet in height, shall be constructed along the Los Angeles Avenue Frontage. L. POPULATION AND HOUSING — Would the project: 11 Induce substantial population growth in an area, either directly (for example, by proposing new homes and X 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. There will be no negative impacts related to population growth or housing. 10 000040 Shea Homes VTM 5425, RPD 2003 -02 ZC 2003 -02, GPA 2003 -02 Less Than Potentially Significant Significant With Sources: Project Application (3/14/03) Impact Mitigation 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 perbrmance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Less Than Significant No Impact Impact X X x X X Response: While some incremental impact on public services is to be expected, the impacts are not significant. Development fees and increased property taxes will be paid to fund required public services. Sources: Project Application (3/14/03), General Plan Safety Element (2001), General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation: None required. N. RECREATION 1) Would the project increase the use of epsbng 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 e)pansion of recreational facilities which might have an adverse physical effect on the cr ivrrunmen [ Response: On site recreational facilities are proposed. Park and recreation fees will be paid. Sources: Project Application (3114/03), General Plan Open Space, Conservation, and Recreation Element (1986) MAjggon: None required. 11 000041- Shea Homes VTM 5425, RPD 2003 -02 ZC 2003 -02, GPA 2003 -02 Potentially Significant Impact Less Than Significant Less Than With Significant No Mitigation Impact Impact 0. TRANS PORTATION/TRAFFIC — Would the project: 1) Cause an increase in traffic which is substantial in relation to the existing traffic bad and capadty of the street X system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacityratio on roads, or congestion at intersections)? 2) Exceed, either individually or cumulatively, a level of X service standard established by the county congestion management agency for designated roads or highways? 3) Result in a change in air trat is patterns, including either an increase in traffic levels or a change in location that X results in substantial safety risks? r 4) Substantially increase hazards due to a design feature X (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g.. farm equipment)? 5) Result in inadequate emergency access? X 6) Result in inadequate parking capacity!? X 7) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g.. bus turnouts, X bicycle racks)? Response: The proposed project will not reduce the level of service (LOS) of intersections in the area. Access to the site will be provided from the Los Angeles Avenue and the future extension of Majestic Court. Adequate parking will be provided on site, including within garages, driveways and on public and private streets. Sources: Traffic Impact Study /Project Application (3/14/03), General Plan Circulation Element (1992) 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 stone 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? 5) Result in a determination bythe wastewater treatment 12 X X X X X 000042 Potentially Significant Impact provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments? 6) Be served by the landfill with sufficient permitted capacity to accommodate the project's solid Neste disposal needs? 7) Comply with federal, state, and local statutes and regulations related to solid Neste? Shea Homes VTM 5425, RPD 2003 -02 ZC 2003 -02, GPA 2003 -02 Less Than Significant Less Than With Significant No Mitigation Impact Impact X X Response: Utilities and service systems within the area are adequate to serve the project. Development fees will be paid to fund required utilities and service systems, or they will be provided by the developer. Sources: Project Application (3/14/03), Ventura County Watershed Protection District: Technical Guidance Manual for Stormwater Quality Control Measures (2002) Mitigation: None required. 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 fish or wildlife species, cause a ish 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 individuallylimited. X but cumulatively considerable? ( "Cumulatively considerable" means that the incremental elect of a project are considerable when viewed in connection with the effects of past projects, the efects of other current projects, and effects of probable future projects)? 3) Does the project have environmental efects which will X cause substantial adverse effects on human beings, either directly or indirectly/? Response: This is an infill project on a substantially disturbed site within an urban setting. Sources: See below. 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 Studyby reference, and are available for review in the Community Development Office, City Hall, 13 000043 Shea Homes VTM 5425, RPD 2003 -02 ZC 2003 -02, GPA 2003 -02 799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of the Initial Study Checklist. 1. Environmental Information Form application and materials submitted on March 14. 2003. 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. 5. The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CE -QA) and the State CEQA Guidelines adopted by Resolution No. 92 -872 6. Public Resources Code Section 21000 et. seq. and Calionrnia Code of Regulations, Title 14 Section 150Q.0 et. seq. 7. Ventura County Air Quality Assessment Guidelines, November 14, 2000. 14 000044 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: February 13, 2004 to March 15, 2004 Project Title /Case No.: RPD 2003- 02/VTM 5425/ GPA 2003-021ZC 2003 -02 Project Location: Terminus of Fremont Street, south of Los Angeles Avenue (Hwy 118) and east of Majestic Court, Moorpark, Ventura County. (Location Map Attached) Project Description: A request to develop 102 duplex style condominium dwellings and a recreation facility on approximately 15 acres, located at the terminus of Fremont Street, south of Los Angeles Avenue (Hwy 118) and east of Majestic Court. This project is proposed to be built together with, and as an extension of Tract 5133/RPD 98 -01. (Environmental Information Form Attached) Project Type: X Private Project — Public Project Project Applicant: Shea Homes Limited Partnership, 555 St. Charles Dr. #205 Thousand Oaks, CA 91360 (805) 557 -2100 Finding: After preparing an Initial Study'for the above - referenced project, revisions have been made by or agreed to by the applicant consistent with the mitigation measures identified in the Initial Study. With these revisions, it is found that there is no substantial evidence, in light of the whole record before the City of Moorpark, that the project may have a significant effect on the environment. (Initial Study Attached) Responsible Agencies: California Department of Transportation, Ventura County Watershed Protection District Trustee Agencies: None Attachments: Location Map Environmental Information Form Initial Study with Mitigation Measures and Monitoring and Reporting Program Contact Person: Joseph Fiss Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -6226 11mor _pri_ serv\City Share\Community DevelopmenADEV PMTSIR P D120031 -02 ShealEnvlProposed MND.REVISED_doc 000045 J J �n � NOxtn xM � F I II` i( II �I{ { i) J i' { f I I I. I t, i w O O O O . i • �R.dtlt il_� . � J . -- _ PROPOSED SITE PLAN e, -.. -.. _ 4. -F t r _ , .v ,.; •. - - CITY OF MOORPARK vgs7ir� reNr�nvg rPACT nor a.�.w ....�, _ G, M IT W, t 1KP ". 5 1CM, 1 --i ivi 1 1 95 40 0 0, A; K 1 & 1 i a 1 J!! UA moil i 1 LU is off I f it I m i !too 0 min lu halt ! NjIN! Ni 00004117 Qj W61; LY L j j J 1 141 711 off I f it I m i !too 0 min lu halt ! NjIN! Ni 00004117 �o lrJrr ems.. .�Y� a n x a m a N x < a I Q Wax � Hox w Zoe U O O O O f 1 , 1 1 1 BE BEDROOM 2 1 1 fK0 = �ru 1 1 1 r mu "Si' --- ,.,_- ------------ ��-- _ - - - - -� MAlT§R BEDROOM ... n yAT)1''" LAO 1 1 e =mob = i 1 1 HALL 1 1 1 r 1 i 1 ri�J- S 1 1 .f� 1 etDROOn 1 �i..,;�. w... 1 •� 11lDRO011 4 � 1 r ,f FIRST FLOOR PLAN 2A PLAN 4A 1.607 SQ.FT. 1.885 SQ.FT. CANTERB URY �e MOORPARK , CA -_ SHEA HOMES "' w,.,1 �,�I,e- ---- 000049 i �I / 1 I 1- r ,f FIRST FLOOR PLAN 2A PLAN 4A 1.607 SQ.FT. 1.885 SQ.FT. CANTERB URY �e MOORPARK , CA -_ SHEA HOMES "' w,.,1 �,�I,e- ---- 000049 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2003 -02 FOR A CHANGE OF LAND USE DESIGNATION FROM GENERAL COMMERCIAL (C -2) AND MEDIUM DENSITY RESIDENTIAL (M) TO VERY HIGH DENSITY RESIDENTIAL (VH) AND FLOODWAY (FLDWY), AND ADOPTING A MITIGATED NEGATIVE DECLARATION ON APPROXIMATELY 15.13 ACRES LOCATED AT THE TERMINUS OF FREMONT STREET, SOUTH OF LOS ANGELES AVENUE (HWY 118) AND EAST OF MAJESTIC COURT, ON THE APPLICATION OF SHEA HOMES, INC.; (506 -0- 020 -23, 506 -0- 020 -31, 506 -0- 020 -32, 506 -0- 020 -33, 506 -0- 020-34) WHEREAS, on April 6, 2004, the Planning Commission adopted Resolution No. PC- 2004 -455 recommending approval to the City Council of General Plan Amendment No. 2003 -02, to amend the land use designation of the subject site from General Plan land -use designations General Commercial (C -2) and Medium Density Residential (M) to Very High Density Residential (VH) and Floodway (FLDWY); and recommending City Council adoption of a Mitigated Negative Declaration on a 15.13 acre site located at the terminus of Fremont Street, south of Los Angeles Avenue (Hwy 118) and east of Majestic Court; and WHEREAS, at a duly noticed public hearing on March 2, 2005 and April 6, 2005, the City Council considered the agenda report for General Plan Amendment No. 2003 -02 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 finds and declares as follows: DOCUMENTATION: The City Council A. The Mitigated Negative Declaration and Initial Study for the project are complete and have been prepared in compliance with CEQA, and City policy. CC ATTACHMENT 2 000050 Resolution No. 2005 - Page 2 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. 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 No. 2003 -02, Zone Change No. 2003 -02, Vesting Tentative Tract No. 5425, And Residential Planned Development (RPD) No. 2003 -02 is hereby adopted. SECTION 3. CITY COUNCIL APPROVAL: General Plan Amendment 2003 -02 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 6th day of April, 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit A - General Plan Amendment Map 000051, Resolution No. 2005 - Page 3 EXHIBIT A T NORTH GENERAL PLAN AMENDMENT MAP 0 000 r-,-2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE CHANGE NO. 2003 -02, FOR A CHANGE OF ZONE FROM COMMERCIAL PLANNED DEVELOPMENT (CPD) AND SINGLE - FAMILY RESIDENTIAL (R -1) TO RESIDENTIAL PLANNED DEVELOPMENT - TWELVE UNITS PER ACRE (RPD- 12U) AND OPEN SPACE (OS) ON 15.13 ACRES, LOCATED AT THE TERMINUS OF FREMONT STREET, SOUTH OF LOS ANGELES AVENUE (HWY 118) AND EAST OF MAJESTIC COURT, ON THE APPLICATION OF SHEA HOMES, INC.; (506 -0- 020 -23, 506- 0- 020 -31, 506 -0- 020 -32, 506 -0- 020 -33, 506 -0- 020 -34) WHEREAS, on April 6, 2004, the Planning Commission adopted Resolution No. PC- 2004 -455 recommending approval to the City Council of ZONE CHANGE NO. 2003 -02, for a change of zone from Commercial Planned Development (CPD) and Single- Family Residential (R -1) to Residential Planned Development - Twelve Units Per Acre (RPD -12u) and Open Space (Os) on 15.13 acres located at the terminus of Fremont Street, South of Los Angeles Avenue (Hwy 118) and East of Majestic Court; and WHEREAS, at a duly noticed public hearing on March 2, 2005 and April 6 2005, the City Council considered the agenda report for Zone Change No. 2003 -02 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 CC ATTACHMENT 3 000053 Ordinance No. Page 2 that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 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 April, 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit A: Zone Change Map 000054 Ordinance No. Page 3 l 3� T NORTH EXHIBIT A z Q 0 1 pn.4; iL 0) 0S, Proposed Zoning Designation: RPD -12u Current Zoning Designation: R -1 and CPD 00NMA HEIGHTS 5T. Qj ZC 2003 -02 ZONE CHANGE MAP 000055 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT NO. 5425, AND RESIDENTIAL PLANNED DEVELOPMENT (RPD) NO. 2003 -02 FOR THE DEVELOPMENT OF 102 HOUSING UNITS ON A 15.13 ACRE PARCEL, LOCATED AT THE TERMINUS OF FREMONT STREET, SOUTH OF LOS ANGELES AVENUE AND EAST OF MAJESTIC COURT, ON THE APPLICATION OF SHEA HOMES, INC.; ASSESSOR PARCEL NOS. 506 -0- 020 -23, 506 -0- 020 -31, 506 -0- 020-32, 506 -0- 020 -33, 506 -0- 020 -34 WHEREAS, on April 6, 2004, the Planning Commission adopted Resolution No. PC- 2004 -455 recommending approval to the City Council of Vesting Tentative Tract No. 5425, and Residential Planned Development No. 2003 -02 on the application of Shea Homes, Inc. for the development of 102 housing units, including the subdivision of approximately 15.13 acres into 3 lots for condominium purposes, located at the terminus of Fremont Street, south of Los Angeles Avenue and east of Majestic Court. (Assessor Parcel Nos. 506 -0- 020 -23, 506 -0- 020 -31, 506 -0- 020 -32, 506 -0- 020 -33, 506 -0- 020 -34); and WHEREAS, at a duly noticed public hearing on March 2, 2005 and April 6, 2005, the City Council considered the agenda report for Vesting Tentative Tract No. 5425, and Residential Planned Development No. 2003 -02 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. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the City Council has determined that the Vesting Tentative Tract Map, with imposition of the attached special and standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: CC ATTACHMENT 4 00001.1-4-6 Resolution No. 2005 - Page 2 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 -02 and Zone Change No. 2003 -02 to allow for a density up to 12 units per acre. B. 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 -02 and Zone Change No. 2003 -02 to allow for a density up to 12 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 reciprocal access easements for improvements to Fremont Street and for the site to the east 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 fronts upon a public waterway (Arroyo Simi) as defined in California Government Code Section 66478.1 et seq. Public access easements will be provided per Conditions of Approval. 000057 Resolution No. 2005 - Page 3 SECTION 2. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030: A. The proposed project site design is consistent with the provisions of the City's General Plan and Zoning Ordinance, if amended by General Plan Amendment No. 2003 -02 and Zone Change No. 2003 -02, in that the proposed project will provide for the orderly development of land identified in the City's General Plan and Zoning Ordinance as appropriate for residential development. B. The proposed project would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area, in that the use proposed is similar to uses existing or proposed to the north, south, and west, and access to adjacent uses is not hindered by this project; and reciprocal access easements will be provided to the sites to the east. C. The proposed project is compatible with existing and permitted uses in the surrounding area, in that the surrounding existing and future development includes a variety of single- family attached and detached homes. SECTION 3. CITY COUNCIL APPROVAL: The City Council approves Vesting Tentative Tract No. 5425 subject to the special and standard Conditions of Approval included in Exhibit A, and Residential Planned Development No. 2003 -02, subject to the special and standard Conditions of Approval included in Exhibit B, attached hereto and incorporated herein by reference. SECTION 4. The 5425 and concurrent Change No. Residential with the 2003 -02. effective date of Vesting Tentative Map No. Planned Development No. 2003 -02 shall be effective date of the ordinance for Zone SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 000058 Resolution No. 2005 - Page 4 PASSED AND ADOPTED this 6th day of April, 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A: Special and Standard Conditions of Approval for Vesting Tentative Tract Map No. 5425 Exhibit B: Special and Standard Conditions of Approval for Residential Planned Development Permit No. 2003 -02 000059 Resolution No. 2005 - Page 5 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5425 SPECIAL CONDITIONS: 1. Vesting Tentative Tract No. 5425 is approved per the submitted tentative map as modified by the conditions contained in this resolution. 2. Up to a maximum of 102 dwelling units may be developed under this entitlement. 3. Parking is restricted to ene the south side of the street for ASti-e "B," "C, "9,1= and "E," Streets; and to the west side for "A ", "F -" and "G" Streets. £iAoes a a Parking shall be allowed on both sides of, "D" Street and Majestic Court (approval of all street names shall follow the City's process). "No Stopping at Any Time" signs shall be installed at the sole cost of the applicant to the satisfaction of the Ventura County Fire Prevention District and the City Engineer. 4. Prior to the recordation of the Final Map the applicant shall provide access through Fremont Street, either through a reciprocal access agreement or other instrument acceptable to the Community Development Director and City Engineer, for the entire length of Fremont Street, from Los Angeles Avenue to Majestic Court. regardless of w' ether Frefftent Street ieeffta i ns private er pub !4:e. 5. Prior to the issuance of a Zoning Clearance for building permit for the first (1St) dwelling unit of Tract No. 5425 a plan for the improvement and closure of Fremont Street at Los Angeles Avenue shall be provided for review and approval by the City Engineer and Community Development Director. Fremont Street shall be improved to a width of twenty -four feet (24'), with rolled concrete curbs, and a structural cross section equal to City public road standards in a e-e-erd-ane-e- with the -pp y=e plan prier te- issuanee —ef a biailding — permit ef the fiftieth &t-h} Eiwelling unit -ef Tr-aet Ne. 5425 as soon as practicable as determined by the City Engineer and Community Development Director, but in no event later than issuance of a building permit of the fiftieth (50th ) dwelling unit of Tract No. OOOOGO Resolution No. 2005 - Page 6 5425. The precise design of Fremont Street shall be as shown on the Vesting Tentative Tract Map. No street lights shall be provided on Fremont Street. 6. There shall be no construction traffic on Fremont Street, except to improve Fremont Street or any lots abutting Fremont. 7. Prior to issuance of the first (1St) building permit for the first (1St) dwelling unit the applicant shall provide a cost estimate for the full street improvements along the Los Angeles Avenue frontage of Tract No. 5425 and along the Los Angeles Avenue frontage of the Fremont Street neighborhood subject to the review and approval of the City Engineer. Developer shall deposit sufficient funds per the approved cost estimate with the City. The improvements shall include, but not be limited to, a deceleration lane installed along the south side of Los Angeles Avenue, west of the northerly entrance to Tract No. 5425, curb, gutter, sidewalk and a noise attenuation wall. All improvements shall be subject to the satisfaction of the Community Development Director, the Director of Public Works, and the City Engineer. In lieu of construction of said improvements, the applicant shall provide interim improvements for access to Los Angeles Avenue until such time as the City approved widening project is completed. Applicant shall provide paving, curb and gutter, sidewalk, striping and required traffic control devices to prevent left turning movements. The improvements will be constructed per City Standard Designs and subject to the review and approval of the City Engineer. Offsite right - of -way acquisition for the City widening project shall be the responsibility of the City, however, all right -of -way required for the ultimate improvements shall be dedicated to the City per the final map recordation. 8. Prior to issuance of a Zoning Clearance for a grading permit, the applicant shall pay $60,000 for the design and installation of a traffic signal at Millard Street /Los Angeles Avenue when the design is approved by Caltrans. If Caltrans has not approved the conceptual design for the installation of a traffic signal at this location prior to occupancy of the one - hundred first (101St) dwelling unit, the applicant shall be relieved of this requirement. 9. Prior to or concurrently with the recordation of the Final Map the applicant shall grant the City with an irrevocable OOOOGI Resolution No. 2005 - Page 7 offer of dedication for vehicular access and drainage along the entire width of the four (4) streets on the eastern side of the project to the satisfaction of the Community Development Director and City Engineer. 10. Prior to occupancy of units 21 through 30, "D" Street shall be a private street, built to public street standards with a thirty --sip (361+ forty foot (40') curb -to -curb width, subject to approval of the Community Development Director and City Engineer. Concurrent with map recordation, the applicant /developer shall grant an irrevocable offer of dedication for public street purposes for the entire length and width of "D" Street to the City. Parking shall be permitted on both sides of "D" Street. 11. Prior to or concurrently with approval of the Final Map the applicant shall grant the City public access easements to the Arroyo Simi for future trail and recreational purposes. The exact location of said easements will be subject to the approval of the Community Development Director and the City Engineer. Concurrent with the completion of the southerly block fence /wall the applicant shall install a gate in the southern project boundary fence /wall for access to the Arroyo by the public in the event that a trail or recreational facility is installed along the Arroyo. The gate shall be locked until such time as a trail or such facility is installed and access is granted. 12. Left -turn vehicular ingress and egress shall be prohibited to and from Los Angeles Avenue. Prior to occupancy of the first dwelling unit, signage shall be installed subject to the approval of the City Engineer. until ^h time as full , sidewalk, pay±ngr street lig-l-sts, and landseap±nEj, G Avenue. Said impreveffi^sill be eenstriaeted by y the Git the - paE4ef }�he ul ti F ftate- widening pre " , eash ei f eY the - ftp r ev eFft e. t s rel i n r eveffteMi s ffild s t eeffipl-Y with c�zese Gendrtrens ef r _ _ . 13. Prior to the issuance of any building permit in the FEMA identified 100 -year floodplain A Federal Emergency Management Agency (FEMA) approved Conditional Letter of Map Revision (CLOMR) shall be provided to the City Engineer. 14. Concurrent with map recordation, the applicant shall provide, as part of the street improvement plans, a public service easement within the private streets, subject to OOOOGn Resolution No. 2005 - Page 8 approval of the Community Development Director and City Engineer. 15. The sound wall adjacent to Los Angeles Avenue shall be no less than eight (81) feet in height measured from the development side, with the final location, design and height to be approved by the Community Development Director. Prior to occupancy of the first dwelling unit, the sound wall shall be constructed across the reach of Fremont Street frontage so that there is a continuous noise wall connecting Tract 5133 and this Tract. A pedestrian access shall be provided from the northerly end of Fremont Street to Los Angeles Avenue. Design of the access shall be approved by the Community Development Director and the Citv Enaineer. 16. Majestic Court shall be designed with a forty (40') foot curb -to -curb width. The total right -of -way design shall be subject to the approval of the Community Development Director and the City Engineer. 17. Prior to the close of sale of each dwelling unit, the applicant shall provide a written acknowledgement statement to the buyer indicating that the buyer is aware that the dwelling unit is either in the FEMA identified 100 -year floodplain or may be in it in the future. Additionally, the acknowledgement shall indicate that the buyer acknowledges that if the dwelling is in the FEMA identified 100 -year floodplain that the buyer understands that flood insurance will be required. A copy of each statement shall be provided to the City and shall be kept as part of the building permit file. 18. Prior to the approval of a Final Map, if the applicant has not received a CLOMR from FEMA for the entire site, the applicant shall add a non - mapping data sheet to the map set showing the extent of inundation and shall place a prominent note on the map indicating that no construction may occur on lots within the floodplain until a CLOMR has been issued removing the lots from the floodplain. OOOOG3 Resolution No. 2005 - Page 9 20. Prior to approval of the Final Map, the applicant shall pay an amount to cover the costs associated with a crossing guard for five years at the then current rate when paid, plus the pro -rata cost of direct supervision for one crossing guard location and staff's administrative costs (calculated at fifteen percent (15 %) of the above costs). 21. Prior to the release of final building permit for the 102nd dwelling unit the applicant shall place the overhead power lines underground on the east side of the Fremont Street neighborhood and shall pay for the lateral connections to the houses on either- id2 both sides of Fremont Street. The developer shall grant a sufficient amount of time, approved by the Community Development Director and the City Engineer, to allow for the lateral connections prior to the undergrounding. Alternatively, if necessary, the developer shall pay for and the city shall initiate a Rule 210 for undergrounding of the overhead lines and lateral connections. 23. The ultimate general Floodway /Open Space northerly boundary Protection District final map of Tract No 24. Prior to recordation assessment district permanent maintenance within the recreation plan and zoning boundaries for the area shall be consistent with the of the Ventura County Watershed wetlands dedication as shown on the . 5425. of the first final map, a back -up shall be formed to provide for of the underground detention facilitv area. 25. Prior to recordation of the first final map, a Landscape Maintenance District shall be formed for maintenance of landscaping on the Los Angeles Avenue frontage and public streets within Tract 5425. OOOOC4 IM W-WIN 23. The ultimate general Floodway /Open Space northerly boundary Protection District final map of Tract No 24. Prior to recordation assessment district permanent maintenance within the recreation plan and zoning boundaries for the area shall be consistent with the of the Ventura County Watershed wetlands dedication as shown on the . 5425. of the first final map, a back -up shall be formed to provide for of the underground detention facilitv area. 25. Prior to recordation of the first final map, a Landscape Maintenance District shall be formed for maintenance of landscaping on the Los Angeles Avenue frontage and public streets within Tract 5425. OOOOC4 Resolution No. 2005 - Page 10 26. Prior to occupancy of the first dwelling unit, "A" Street shall be improved to a thirty -six foot (36') curb -to -curb width and shall include a landscaped parkway and sidewalks on the east and west side. There shall be no parking on the west side of "A" Street. The final design of "A" Street shall be subject to final review and approval of the Community Development Director and City Engineer. 000©GS Resolution No. 2005 - Page 11 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 Ordinances and adopted City policies at the time of 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 Applicant 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 Vesting 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 thirty (30) days prior to the expiration date of this approval. 4. The Applicant 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 Applicant 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 Applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. OOOOG(; Resolution No. 2005 - Page 12 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 Applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the Applicant. The Applicant's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision. S. 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. All mitigation measures are requirements of the Vesting 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. Where conflict or duplication between the Mitigation Monitoring and Reporting Program (MMRP) and the Conditions of Approval occurs and applicability for compliance is questioned by the Applicant, 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 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. 9. Prior to approval of the Final Map, the Applicant 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 000®GT Resolution No. 2005 - Page 13 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. 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. The Landscape Plan shall conform to the latest City of Moorpark Landscape Guidelines and Standards. 12. Prior to the issuance of a Zoning Clearance for grading the Applicant shall submit to the Community Development Director for review and approval 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. 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 review the proposed connection of property line wall with existing fences and or walls on adjacent residential properties. The Applicant is required at his /her sole expense to provide a connection between existing structures and /or walls subject to the approval of the Director. Said connections shall be designed to limit removal and reconstruction of existing facilities where possible. The connection details shall, where possible, utilize the same type of materials, colors and textures as the existing structures. 13. Prior to issuance of a zoning clearance for grading permit, the Applicant 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. 0000G8 Resolution No. 2005 - Page 14 14. 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. 15. If required by a Special Condition of Approval, an Assessment District [herein "Back -Up District "] shall be formed to fund future City costs, should they occur, for the maintenance of Parkway Landscaping, median landscaping or Drainage Improvements previously maintained by a Private Responsible Party and then assumed by the City. If a Back - Up District is formed, it shall be the intent of the City to approve the required assessment each year, but to only levy that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the following fiscal year. In the event the City is never required to assume the maintenance of any such improvements maintained by a Private Responsible Party, the amount of the annual assessment actually levied upon the affected properties would be minor amount, possibly zero. The City shall administer the annual renewal of the Back -Up District and any costs related to such administration shall be charged to the Fund established for such district revenues and expenses. 16. When it has been determined that it is necessary to form an Assessment District (including a Back -Up District), the applicant shall be required to undertake and complete the following: a. At least one hundred twenty (120) days prior to the planned recordation of any Final Map or the issuance of any Zoning Clearance for building permit, which ever comes first: i. submit the final draft plans for any irrigation, landscaping or Drainage Improvements [herein "Maintained Areas "] to be maintained by the Assessment District (including a required Back -Up District) , along with any required plan checking fees; ii. submit a check in the amount of $5,000 as an advance to cover the cost of Assessment Engineering for the formation of the Assessment District [Note: Developer shall be required to OOOOG9 Resolution No. 2005 - Page 15 pay for all final actual assessment engineering costs related to the Assessment District formation along with City administrative costs.]; b. At least sixty (60) days prior to the planned recordation of any Final Map or the issuance of any Zoning Clearance for building permit, which ever comes first, submit to the City the completed, "City approved" plans for the Maintained Areas (landscaping, irrigation and National Pollutant Discharge Elimination System (NPDES) Drainage Improvements); C. Prior to the planned recordation of any Final Map or the issuance of any Zoning Clearance for building permit, which ever comes first, submit to the City a signed Petition and Waiver requesting formation of the Assessment District [Note: The Petition and Waiver shall have attached to it as Exhibit `A' the City approved final draft Engineer's Report prepared by the Assessment Engineer retained by the City.] 17. Prior to Final Map approval, the City Council shall determine which areas shall be maintained by a maintenance assessment district. 18. 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 of one- thousand- one- hundred -fifty dollars ($1,250.00) plus a check for a twenty -five dollar ($25.00) filing fee, both 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. 19. The Applicant shall pay to the City capital improvement, development, and processing fees at the rate and amount in 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 000070 Resolution No. 2005 - Page 16 long as said fee is imposed on similarly situated properties. 20. 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. 21. In the event the cable television services or their equivalent are provided to the Project or individual lots under collective arrangement or any collective means other than a Cable Franchisee (including, but not limited to, programming provided over a wireless or satellite system contained within the Project), the Homeowner's Association shall pay monthly to City an access fee of five percent (5 %) of gross revenue generated by the provision of those services, or the highest franchise fee required from any City Cable Franchisee, whichever is greater. "Gross revenue" is as defined in Chapter 5.06 of the Moorpark Municipal Code and any successor amendment or supplementary provision thereto. Such television services shall provide for the inclusion of the City of Moorpark government channel and other government and public access channels aenerallv available within the Citv. 22. Prior to approval of Zoning Clearance for residential unit building permit, the Applicant shall pay fees in accordance with Section 8297 -4 of the City's Subdivision Ordinance (Parks and Recreation Facilities). 23. Prior to the issuance of a Zoning Clearance for construction for each residential unit, the Applicant shall make a contribution to the Moorpark Traffic Systems Management (TSM) Fund, on a per unit rate, to fund TSM programs or clean -fuel vehicles programs as determined by the City. The rate shall be calculated per Ventura County Air Pollution Control District guidelines in force at the 000071. Resolution No. 2005 - Page 17 time of issuance of the first Zoning Clearance. Commencing 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. B. For compliance with the following conditions please contact the City Engineer: General Conditions: 24. Prior to the recordation of the Final Map 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. Prior to the issuance of a grading permit or prior to the approval of a Final Map 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. 000072 Resolution No. 2005 - Page 18 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 Agencies. Copies of these approved permits shall be provided to the City Engineer. 32. Prior to the submit to the City Engineer clearly states within the 1 easements that approval of Final Map the Applicant shall Community Development Department and the for review a current title report, which all interested parties and lenders included Lmits of the subdivision as well as any 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 0000"173 Resolution No. 2005 - Page 19 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 Vesting 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. 39. Reactive organic compounds, Nitrogen oxides (ozone /smog precursor), and particulate matter (aerosols /dust) generated during construction operations shall be minimized in accordance with the City of Moorpark standards and the standards of the Ventura County Air Pollution Control District. When an air pollution Health Advisory has been issued, construction equipment operations (including but not limited to grading, excavating, earthmoving, trenching, material hauling, and roadway construction) and related activities shall cease in order to minimize associated air pollutant emissions. 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 41. To minimize the water quality effects of permanent erosion sources, appropriate 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. 42. The following measures shall be implemented during all construction activities throughout build out of the project 000074 Resolution No. 2005 - Page 20 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 6:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays 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 six - hundred feet (600') 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. 0000'75 Resolution No. 2005 - Page 21 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 Vesting Tentative Map, prepared by a Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. 44. The final grading plan shall meet all Uniform Building Code (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 thirty (30) days of completion of grading unless otherwise approved by the City Engineer. Irrigation and hydroseeding implementation shall be reviewed for constructability and adapted to the onsite construction schedule as applicable. Reclaimed water or a similar water source shall be used for dust control during grading, if available at the site. 46. 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 shall be implemented immediately. 47. 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 000076 Resolution No. 2005 - Page 22 approval of the City Engineer and the Community Development Director. 48. 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. 49. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately eighteen (18 ") inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding four (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. 50. 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. 51. During smog season (May- October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. 52. 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. 53. The Applicant shall utilize all prudent and reasonable measures (including installation of a six (6') foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 0000 Resolution No. 2005 - Page 23 54. Backfill of any pipe or conduit shall be in accordance with City of Moorpark Standard Specifications unless otherwise specified by the City Engineer. 55. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every two (2') feet of lift and one - hundred (100) lineal feet of trench excavated unless approved by the Geotechnical Engineer and the City Engineer. Test locations shall be noted using street stationing with offsets from street centerlines. 56. All vehicles in the construction area shall observe a fifteen -mile per hour (15 mph) speed limit for the construction area at all times. 57. During site preparation and construction, the Applicant shall construct temporary storm water diversion structures per City of Moorpark standards. 58. The entire site shall be graded at the same time. Pads shall be graded, planted and landscaped per the approved erosion control plans, SWPPP, and Stormwater Management Plan. 59. Prior to submittal of grading plans the Applicant shall have a geotechnical report prepared to the satisfaction of the City Engineer. 60. 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. 61. 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. 62. 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. 63. Monuments shall meet the City of Moorpark, County of Ventura Standards and shall be to the satisfaction of the City Engineer. 000078 Resolution No. 2005 - Page 24 FOWA I ME MI IM-1 ._ -- -- - - -- a -- -- - -- ._ ._ mill IN- 65. As a condition of the issuance of a building permit for each residential unit, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by the City in its sole and unfettered discretion. On the effective date of approval of this map, the amount of the Citywide Traffic Fee shall be nine dollars -- ($4,389) Five Thousand, Seventy Five dollars ($5075.00) per dwelling unit and Twenty -Two Thousand, Eight Hundred Thirty -Eight Dollars ($22,838.00) per acre of institutional land on which the institutional land is located. Commencing January 1, 200 -56, 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. 66. 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 000079 Resolution No. 2005 - Page 25 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. 67. Prior to or concurrently with the Final Map and prior to any construction on State Highways an encroachment permit shall be obtained from Caltrans. Any additional 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. 68. 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 Americans with Disabilities Act (ADA) requirements. Street improvements shall be acceptable to the City Engineer and Community Development Director. 69. All streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision), unless noted otherwise in the conditions. 70. 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. 71. Driveways shall be designed in accordance with the latest American Public Works Association (APWA) Standards. �r�r Resolution No. 2005 - Page 26 72. 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 three and one -half (3.5') feet clear sidewalk width must be provided around the obstruction. 73. The Applicant shall submit wall and showing that provisions have been taken maintain proper sight distances. All other structures over six (6') feet submitted to and approved by the Con Director and the City Engineer. landscaping plans to provide for and fences, walls and high are to be ununity Development 74. 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 (1) year from the acceptance of the street improvements. 75. 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. 76. The plans shall depict all on -site and off -site drainage structures required by the City. 77. 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. 78. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: a. All storm drains shall carry a ten (10) year frequency storm. b. All catch basins shall carry a ten (10) year frequency storm. 000051 Resolution No. 2005 - Page 27 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 one - hundred (100) year frequency storm. 79. Under a ten (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 (1) dry travel lane in each direction. 80. "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. 81. Drainage grates shall not be used at any location accessible by pedestrian, bicycle or equestrian traffic. 82. The grading plan shall also show contours indicating the fifty- and one - hundred (50 & 100) year flood levels. 83. 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 to the maximum extent possible and shall be restricted from entering streets. Both storm drains and easements outside the public right -of -way are to be privately maintained unless otherwise approved by the City Council. 84. 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. 85. 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. 000082 Resolution No. 2005 - Page 28 This notification agreement shall be acknowledged by each homeowner and recorded with each. 86. 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. 87. 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 Applicant shall make any downstream improvements, required by the City, to support the proposed development. 88. 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. 89. 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 one - hundred (100) year frequency storm. b. Feasible access during a fifty (50) year frequency storm. C. Hydrology calculations shall be per current Ventura County Flood Control Standards. d. All structures proposed within the one - hundred (100) year flood zone shall be elevated at least one foot above the one - hundred (100) year flood level. 90. 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 eight (8') feet. In addition, all facilities shall have all - weather vehicular access. This design shall be to the satisfaction of the City Engineer. 91. The Applicant shall demonstrate and certify to the satisfaction of the City Engineer that all existing storm drain culverts within the site shall perform in an 000083 Resolution No. 2005 - Page 29 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). 92. 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. CAS004002, to the satisfaction of the City Engineer. 93. 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). 94. 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. 95. The Applicant shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 96. Prior to Final Map approval, the Applicant 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. x,11,;• Resolution No. 2005 - Page 30 97. 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. 98. 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 sixty (60) days prior to the 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. d. 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. 000085 Resolution No. 2005 - Page 31 99. Prior to acceptance of public improvements and bond exoneration reproducible centerline tie sheets shall be submitted to the City Engineer's office. 100. 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 (1) year following acceptance by the City. 101. Prior to acceptance of public improvements and bond exoneration original "as built" plans shall be certified by the Applicant'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 36 ", they shall be resubmitted as "record drawings" in a series of 22" X 36" mylar sheets (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: 102. Prior to combustible construction, an all weather access road /driveway suitable for use by a twenty (20) ton Ventura County Fire Protection District (Fire District) vehicle shall be installed. 103. All access roads /driveways shall have a minimum vertical clearance of thirteen feet six inches (1316 "). 104. Public and private roads shall be named if serving more than four (4) parcels. 105. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center for review. 000086 Resolution No. 2005 - Page 32 106. 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. 107. Address numbers, a minimum of four (4 ") inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than one - hundred -fifty (150') feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event, the structure(s) is not visible from the street, the address number(s) shall be posed adjacent to the driveway entrance. 108. 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. 109. Prior to construction, the Applicant shall submit plans to the Fire District for placement of fire hydrants. On plans, show existing hydrants within five - hundred (500') feet of the development. Indicate the type of hydrant, number and size of outlets. 110. 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. 111. 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. 112. 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 one - thousand (1,000) gallons per minute at twenty (20) psi. 113. 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: 114. Prior to issuance of a building permit, provide Ventura County Waterworks District the following: 000081 Resolution No. 2005 - Page 33 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. 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. 115. 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. E. For compliance with the following conditions please contact the Ventura County Watershed Protection District: 116. No direct storm drain connections to Ventura County Watershed Protection District facilities shall be allowed without appropriate Best Management Practices (BMP's) for compliance with Ventura Countywide Stormwater Program. 000088 Resolution No. 2005 - Page 34 Exhibit B SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT (RPD) 2003 -02 SPECIAL CONDITIONS 1. Residential Planned Development No. 2003 -02 is approved per the submitted site plan as modified by the conditions contained in this resolution. 2. Enhanced landscaping, as determined by the Community Development Director, valued at $177,872.00 ($47,548.00 for Tract No. 5425 and $130,324.00 for Tract No. 5133) shall be distributed over both projects (Tract Nos. 5425 and 5133) and the recreation area to create a balanced and unified atmosphere in the development. Should this tract not be developed, the conditions of Tract No. 5133 would remain in full force. Should Tract No. 5133 not be developed, enhanced landscaping valued at $47,548.00 shall be installed. 3. A Homeowner's Association maintained recreation area shall be provided at the southeast corner of the site. A recreation building, a swimming pool, and a play area with equipment shall be required within the recreation area. The final design and architecture shall be subject to the approval of the Community Development Director prior to or concurrently with the approval of the landscape plans. Should the recreation area for Tract No. 5133 be built, it shall remain, and the recreation area for Tract No. 5425 shall also be built in accordance with these conditions of approval. 4. Any future homeowner improvements to the individual homes and the exclusive use area shall follow the City's RPD (residential planned development) zone Development Standards. Said standards shall be incorporated into the Covenants, Conditions and Restrictions for this project. 5. There shall be no de Tel epffte+' improvements allowed in the front yards of the individual homes and exclusive use areas. This includes, but is not limited to, fences, lighting, pilasters and fountains. 6. The front setback for each unit shall not be less than eighteen (181) feet. 000089 Resolution No. 2005 - Page 35 7. The rear setback for each unit shall not be less than thirteen (13') feet. 8. There shall be no less than three (3') feet of clearance between side yard block walls and allowable interior protrusions. 9. The sound wall adjacent to Los Angeles Avenue shall be no less than eight (8') feet in height, when measured from inside of the project, with the final design and height to be approved by the Community Development Director, subject to ultimate pad elevations. The design of the sound wall shall also provide for a pedestrian opening at Fremont Street subject to approval of the Community Development Director and the Citv Enaineer. 10. A fence /wall plan shall be required. Location, design, material and height of all fences and walls shall be approved by the Community Development Director. Interior walls shall be a minimum height of six (6') feet from the highest finished grade. 11. A solid decorative block wall, a minimum of eight feet (8') in height from the finished grade of the Fremont Street Tract and a minimum of six feet (6') in height from the finished grade of Tract 5425, shall be installed along the western boundary of the site, adjacent to the Fremont Street tract. Where possible, a single combined retaining /privacy wall, no less than eight feet (8') and no higher than ten feet (10') shall be provided. In the event that an alternative design is required, the Community Development Director may approve a stepped retaining wall with a privacy wall at the top of the slope. The final location and design, including wall heights, retaining walls and sound walls, shall be subject to approval by the Community Development Director. 12. The landscape plan shall incorporate, to the satisfaction of the Community Development Director, natural vegetation in the transition area to the Arroyo at the southern portion of the development. 13. Architectural enhancements, plant -ons shall be require subject to the approval Director. 14. The detached housing units the side walls, to avoid such as window reveals and d on side and rear elevations of the Community Development shall include articulation of having an entire side of the 000090 Resolution No. 2005 - Page 36 building on a single plane, to the satisfaction of the Community Development Director. 15. It shall be the responsibility of the homeowner association to maintain Fremont Street and other designated private streets, the front yards of the units within this subdivision, the recreation area(s), project private streets, common area landscaping, and walls and fences. The Community Development Director and the City Engineer shall make the final determination as to the extent of homeowner association maintenance. 16. Pads 99 to 102 shall be redesigned to create a condition of consistent front yards on Fremont Street. The precise pad location shall be approved by the Community Development Director prior to map recordation. 17. Pads 45 and 46 shall be redesigned to provide a safe distance between Los Angeles Avenue and any driveways. The precise pad location shall be approved by the Community Development Director prior to map recordation. 18. Pads 16 to 35, inclusive, shall be redesigned to provide for "D" Street to be widened to fortv -feet (40'). 19. The developer shall provide twenty (20) affordable dwelling units on site. Five (5) units shall be reserved for moderate income purchasers, nine (9) units shall be reserved for low income purchasers and six (6) units shall be reserved for very -low income purchasers consistent with the City's purchase and sale agreement. A Purchase and Sale Agreement shall be executed prior to or concurrently with the recordation of the first final map. The affordable dwelling units shall be distributed throughout the tract. The amenities, including but not limited to concrete tile roofs, air conditioning /central heating, washer /dryer hookups, garbage disposal, built -in dishwasher, concrete driveway, automatic garage door opener, flooring, countertops in the affordable units shall be indentical to the base level of amenities provided in the production units. 20. Noise attenuation construction shall be required on all units affected by the noise generated from Los Angeles Avenue to the satisfaction of the Community Development Director. At a minimum the following items shall be provided: 000091 Resolution No. 2005 - Page 37 a. All second story windows along Los Angeles Avenue shall be double glazed window assemblies or an equivalent with a minimum STC 33 rating. b. All rear and side entry doors of the homes on Pads 1 through 5, and Pad 45, shall be gasketed (jamb, head, sill) with interlocking or tube -type compression weather - stripping, or an effective equivalent. c. All exterior vents on the homes on Pads 1 through 5, and Pad 45, shall be directed away from Los Angeles Avenue in order to reduce noise transmissions into the house throuah vents and ducts. 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. 2. All conditions of Vesting Tentative Tract Map No. 5425 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) 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 thirty (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. 000092 Resolution No. 2005 - Page 38 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 two - hundred (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 fifteen (15') feet of an opening window at ground floor level of any residential structure, and shall not reduce the required side yards to less than five (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 twenty (201) feet in length and ten (10') feet in width for each parking stall 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. 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. 000093 Resolution No. 2005 - Page 39 B. For compliance with the following conditions please contact the Engineering Division: 11. The City Engineering Conditions of Approval for Vesting Tentative Tract Map No. 5425 apply to Residential Planned Development Permit No. 2003 -02. C. For compliance with the following conditions please contact the Ventura County Fire Department: 12. All conditions of Vesting Tentative Tract Map No. 5425 shall apply. D. For compliance with the following conditions please contact the Ventura County Waterworks District No. 1: 13. All conditions of Vesting Tentative Tract Map No. 5425 shall apply. E. For compliance with the following conditions please contact the Police Department: 14. 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 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: 15. 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- 0000x4