HomeMy WebLinkAboutRES CC 2006 2463 2006 0517RESOLUTION NO. 2006 -2463
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING VESTING TENTATIVE
TRACT MAP NO. 5437 AND RESIDENTIAL PLANNED
DEVELOPMENT (RPD) NO. 2004 -05 FOR THE DEVELOPMENT OF
SIXTEEN (16) HOMES, FIVE (5) CUSTOM HOME LOTS, AND ONE
OPEN SPACE LOT ON 42.4 ACRES, LOCATED EAST OF WALNUT
CANYON ROAD AT CHAMPIONSHIP DRIVE, ON THE
APPLICATION OF BIRDSALL GROUP, LLC.
WHEREAS, on November 22, 2005, the Planning Commission adopted
Resolution No. PC- 2005 -493 recommending approval to the City Council of Vesting
Tentative Tract Map No. 5437, and Residential Planned Development No. 2004 -05 for
the development of sixteen (16) homes, five (5) custom home lots and one open space
lot on 42.4 acres, located east of Walnut Canyon Road at Championship Drive, on the
application of Birdsall Group, LLC (Assessor Parcel Nos. 500 -0- 240 -016 and 500 -0-
240 -025; and
WHEREAS, at a duly noticed public hearing on May 17, 2006, the City Council
considered the agenda report for Vesting Tentative Tract Map No. 5437, and
Residential Planned Development No. 2004 -05 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 No. 5437, 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:
A. The proposed map would be consistent with the City of Moorpark General Plan
and Zoning Ordinance if amended by General Plan Amendment No. 2004 -03 and
Zone Change No. 2004 -02 to allow for a Residential Planned Development at a
density up to one (1) unit per acre.
B. The design and improvements of the proposed subdivision are consistent with
the City of Moorpark General Plan if amended by General Plan Amendment No.
2004 -03 and Zone Change No. 2004 -03 for a Residential Planned Development
to allow for a density up to one (1) unit per acre.
Resolution No. 2006 -2463
Page 2
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 of one (1)
unit per acre, in that all City Development standards would be met by the
proposed project while preserving 19.63 acres of the project site as open space.
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 including restoration of a 2.2 acre
area of Coastal Sage Scrub habitat.
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 between Tract 5045 (Pardee) to the east and the site have been
identified and incorporated in the design of this project.
H. There will be no discharge of waste from the proposed subdivision into an
existing community sewer system in violation of existing water quality control
requirements under Water Code Section 13000 et seq.
I. The proposed subdivision does not contain or front upon any public waterway,
river, stream, coastline, shoreline, lake, or reservoir, in that it is located on a hilly
site at elevations between 770 and 900 feet, away from any public waterways.
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 17.44.040:
A. The proposed project site design, including structure location, size, height,
setbacks, massing, scale, architectural style and colors, and landscaping is
consistent with the provisions of the City's General Plan and Zoning Ordinance, if
amended by General Plan Amendment No. 2004 -03 and Zone Change No.
2004 -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 site design of 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, east
and west, and access to adjacent uses is not hindered by this project; and
Resolution No. 2006 -2463
Page 3
reciprocal access easements will be provided between the project site and 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 detached homes and open space.
SECTION 3. CITY COUNCIL APPROVAL: The City Council approves:
A. Vesting Tentative Tract No. 5437 subject to the special and standard Conditions
of Approval included in Exhibit A, attached hereto and incorporated herein by
reference; and
B. Residential Planned Development No. 2004 -05, subject to the special and
standard Conditions of Approval included in Exhibit A, attached hereto and
incorporated herein by reference.
SECTION 4. The effective date of Vesting Tentative Map No. 5437 and
Residential Planned Development 4 -0 II be concurrent with the effective
date of the Ordinance for a Change No. 04 -02 and the Ordinance for
Development Agreement No. 06 -01, whichever occur ast.
SECTION 5. T City Clerk shall certify to the a option of this resolution and
shall cause a certified re olution to be filed in the book of on inal resolwl
PASSED AND AbOPTED this 17th day of May,
ATTEST:
01 OQ'� 5. 1
Deborah S. Traffenstedt, Cit erk
Exhibit A — Special and Standard Conditions of Approval for Vesting Tentative Tract
Map No. 5437 and Residential Planned Development Permit No. 2004 -05
Resolution No. 2006 -2463
Page 4
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR VESTING TENTATIVE TRACT MAP NO. 5437 AND RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO. 2004 -05
SPECIAL CONDITIONS FOR VESTING TENTATIVE TRACT MAP NO. 5437
Planning Division Special Conditions
1. Vesting Tentative Tract Map No. 5437 is approved per the submitted tentative
map as modified by the conditions contained in this resolution.
2. Up to a maximum of twenty -one (21) residential lots may be developed under this
entitlement.
3. Prior to the occupancy of the first dwelling unit the applicant shall pay
$210,000.00 to the City as the pro -rata share of the street improvements along
the east side of Walnut Canyon Road from the southern property line of the
project site north to the northern city limits, including an improved transition area
beyond the northern city limits. The Final Map shall include an irrevocable offer
for dedication of right -of -way for the east side of Walnut Canyon Road as
determined necessary by the City Engineer and Caltrans for the planned
widening improvements.
4. The existing driveway off of Walnut Canyon Road shall be used solely for
emergency access and shall have a decorative driveway constructed with an
electric gate that only opens out to Walnut Canyon Road. A plan for the design
and operation of the gate shall be submitted for review and approval of the
Community Development Director and shall be constructed prior to the issuance
of any residential building permits.
5. The Tract Map shall show a 200' deep setback between the residential
development areas of Lots 1 and 17 and the agricultural land on the adjacent
property to the north within the unincorporated area of the County of Ventura.
The Final Map shall include a restricted use easement over this area which, shall
restrict the construction of any structures intended for human habitation prior to
the approval of the Final Map. Structures for non -human habitation, including but
not limited to patios, gazebos, horse barns, tack rooms, horse stalls and riding
arenas; may be allowed upon the determination and approval of the Community
Development Director on a case by case basis. The future property owners of
Lots 1 and 17 shall be required to sign an acknowledgement of agreement of the
above factors prior to occupancy of any approved residential dwelling unit.
6. The following lots of Vesting Tentative Tract Map No. 5437: One (1) through
Nine (9) and lot Seventeen (17) shall be served with multi - purpose
(hike /bike /equestrian) trails which shall be placed along both sides of the private
"A" Street, from the eastern project boundary to its intersection with "B" Street
Resolution No. 2006 -2463
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and shall be constructed out of decomposed granite at a minimum of ten feet
(10) in width and shall also be placed to the back of lots Four (4) through Eight
(8), to the north side of lot Nine (9) and in the front of lots One (1) through Three
(3) and lot Seventeen (17). The Covenants, Conditions and Restrictions shall
prohibit the keeping of equine, bovine and cleft hoofed animals on Lots Ten (10)
through Sixteen (16) and lots Eighteen (18) through Twenty -One (21). The multi-
purpose trail plan shall be submitted for review and approval of the Community
Development Director and the approved multi - purpose trail plan shall be shown
on the Final Map prior to approval of the Final Map.
7. All future property owners of lots within Tract 5437 shall be required to sign an
acknowledgement that all properties located within Tract 5437 have been created
at substantial sizes which allow the accommodation of various forms of animal
keeping, including but not limited to horse keeping except for those lots restricted
from horse keeping by condition 6 above.
8. All multi - purpose trials shall be separated from vehicular traffic by the
construction of a tan concrete fence with wood grain appearance at a maximum
height of five feet and with three horizontal cross members subject to the review
and approval of the Community Development Director.
9. Prior to the approval of the Final Map, the applicant shall enter into an agreement
to participate in the development and maintenance agreements of the
Homeowners Association of Planning Areas 8 &9 in Tract No. 5045 and
contribute a pro -rated share towards the cost for streets and drainage purposes
to the satisfaction of the City Attorney, City Engineer and Community
Development Director. The multi - purpose trails located throughout Tentative
Tract Map No. 5437, shall be maintained by the Homeowner's Association.
10. Prior to the approval of the Final Map, the applicant shall offer to irrevocably
dedicate a conservation easement to the City of Moorpark over the areas shown
as open space on the Tentative Tract Map No. 5437, to the satisfaction of the
City Engineer and Community Development Director.
11. The multi - purpose trail, trail fencing, private streets, driveway and driveway gate
for the emergency access off of Walnut Canyon Road, fuel modification areas
and common area slopes, drainage facilities including all NPDES requirements
and dissipation and detention structures, and the open space slope areas shall
all be maintained by the Homeowners Association.
12. All conditions of Residential Planned Development Permit No. 2004 -05 shall
apply to this Vesting Tentative Tract Map No. 5437.
Engineering Department Special Conditions
GRADING
Resolution No. 2006 -2463
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13. Project soil quantities shall balance. No soil shall be moved to or from this
project for grading purposes.
14. The soils report for this project specifies offsite grading for the remediation of
geotechnical conditions. Letters of permission for offsite grading and any
temporary construction and /or permanent easements shall be provided to the
City Engineer prior to approval of the grading plans.
15. No buildings shall be constructed within 50 feet on each side of any known active
or potentially active fault.
16. The developer shall submit a project specific geotechnical report for review and
approval by the City Engineer.
PUBLIC AND PRIVATE STREETS
17. Existing driveway at the westerly portion of property shall be for the sole purpose
of emergency access only.
18. The existing driveway to be used as emergency access only, shall have a
decorative gate equipped with fire department approved locks, which shall be
installed westerly of the proposed fire department turnaround.
19. The Streets "A" and "B" and the Street indicated as "C" Drive, on Vesting
Tentative Tract Map No. 5437, must be designed and built to Ventura County
Road condition standard plans to the satisfaction of the City Engineer and the
Director of Community Development.
DRAINAGE AND HYDROLOGY
20. A sump condition is proposed on "B" Street and must be shown that 100 -year
protection of habitable areas assuming the inlet catch basins in the street clogs
100 %. This will require a secondary emergency outlet for the sump waters which
will provide a minimum of 1.0 foot freeboard between the maximum water
surface elevation and the minimum adjacent finish floor elevation. This
emergency outlet system must direct overflows to either a downstream street
with adequate capacity or other acceptable downstream conveyance system.
Point of discharge must be analyzed with regard to prevention of downstream
problems. A sump condition exists whenever water ponds and the inlet is
located at a low point and by -pass flow does not occur until right -of -way width
flooding /ponding occurs in the street.
21. The proposed storm drain pipe system outletting easterly of proposed lot 8 shall
include a dissipator structure and rip -rap pad for hydraulic energy and velocity
scour reduction.
22. The proposed trapezoidal channel located on the easterly boundary of the project
shall be concrete channel or alternative channel design that addresses and
mitigates erosive conditions and shall be approved by the City Engineer and shall
Resolution No. 2006 -2463
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be designed in accordance with Ventura County Watershed Protection District
Standards.
23. The applicant must show legal ability to use and benefit from and show
mechanism to in part or whole maintain the drainage basin known as existing
Permanent Basin M -24 on Tract 5045 and associated facilities located for water
quality and detention purposes and must be provided prior to approval of grading
plan and filing of Final Map.
24. All existing and proposed offsite drainage improvements intended to be used and
benefited as part of this project must be shown capable of properly conveying all
tributary flows and must be submitted for review to the City Engineer.
25. To avoid the sky - lining of houses and to protect the ridgeline viewshed as
observed from valley floors, a building restriction setback shall be placed towards
the rear of Lots 17, 18, 19, 20 and 21 indicting that there shall not be any above
ground structures above ten (10) feet in height allowed within a 35 -foot setback
distance as measured easterly away from the finished elevation of 930 feet
behind the custom lots. The Final Map shall include a restricted use easement
over this area which, shall restrict the construction of any above ground
structures above ten (10) feet in height allowed within a 35 -foot setback distance
as measured easterly away from the finished elevation of 930 feet behind the
custom lots, prior to the approval of the Final Map. The future property owners of
Lots 17, 18, 19, 20 and 21 shall be required to sign an acknowledgement of
agreement of the above factors prior to occupancy of any approved residential
dwelling unit. These restrictions shall be made a part of the CC & R's.
SPECIAL CONDITIONS FOR RESIDENTIAL PLANNED DEVELOPMENT 2004 -05
Planning Department Special Conditions
1. Residential Planned Development No. 2004 -05 is approved per the submitted
site plan as modified by the conditions contained in this resolution.
2. All conditions of Vesting Tentative Tract Map No. 5437 shall apply to this
Residential Planned Development permit.
3. Single family residences shall comply with the following setback criteria:
a. Front yards shall have a minimum depth of thirty (30) feet;
b. Side yards shall have a minimum width of ten (10) feet on each side, (with
a ten (10) foot clear to sky side yard on the driveway /garage side of the lot
with no architectural projections into this side yard to allow for ingress and
egress of the rear yard for transport of materials associated with animal
keeping);
C. Rear yards shall have a minimum depth of twenty (20) feet.
Resolution No. 2006 -2463
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4. In accordance with the requirements of the Mitigation Monitoring and Reporting
Program the applicant shall submit a Coastal Sage Scrub Habitat Restoration
Plan for the restoration of a minimum of 2.2 acres of Coastal Sage Scrub Habitat
on the western side of the site to the satisfaction of the Community Development
Director. The applicant shall pay a contribution of $9,000.00 to the City to cover
the costs for monitoring restoration of the Coastal Sage Scrub Habitat for the full
and complete restoration time period which if extended shall require further
payment. The Coastal Sage Scrub Habitat restoration shall be completed and
the five year monitoring time period shall begin at the time of the occupancy of
the fifteenth (15th) unit.
5. The applicant shall replace trees on the site in an amount equal to the appraised
value of the removed trees, as identified in a 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. Any trees replaced in the open space area shall be native trees.
6. All of the trees on the property shall be reviewed for preservation and /or
relocation to ensure substantial compatibility with the natural open space which
shall be re- vegetated with naturally occurring plant materials Landscaping and
tree replacement plans shall be reviewed and approved by the Community
Development Director prior to the issuance of building permits. Any trees and
plants replaced or re- vegetated in the open space area shall use native trees and
plants.
7. Prior to the issuance of building permits, a 100 -foot deep fuel modification area
shall be incorporated into the project's design and shall be implemented on the
project site to the south and west of the habitable structures on the top of the
development area of the site as required by the Ventura County Fire Department.
Plants in the fuel modification area shall be native plants.
8. The fuel modification zone as shown on the Tentative Tract Map No. 5437
behind Lots 21, 20, 19, and 18, shall be continued north behind the pad area of
Lot 17.
9. The pad areas of Lots 1, 2, 3 and 17 shall be contour graded with the grading
plan submitted for review and approval of the City Engineer and the Community
Development Director prior to the issuance of grading permits.
10. The grading to be performed for the creation of all 21 development pads shall
occur at one time to ensure that the earthwork quantities are balanced on site,
with the rough grading plan being submitted for review and approval of the City
Engineer and Community Development Director, prior to the issuance of grading
permits.
11. An Administrative Permit shall be required for each custom home on Lots 17
through 21 prior to the issuance of building permits for these properties.
Resolution No. 2006 -2463
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12. Each architectural style shall be utilized in at least two of the homes to be built
and the single story plan shall be utilized in at least four of the homes to be built
and each architectural style shall have three color schemes, especially selected
to accentuate the style so that the variety of floor plans, architectural styles, and
color schemes result in a neighborhood of compatible homes but lacking the
repetition often found in residential tract homes, with the final design layout to be
submitted for review and approval of the Community Development Director prior
to the issuance of building permits.
13. All proposed colors and materials for the construction of the residential units shall
be submitted to the Community Development Director for review and approval
prior to the issuance of building permits.
14. All homes shall be designed and constructed to provide no less than three -car
non - tandem garage parking. The design shall be to the satisfaction of the
Community Development Director.
15. The driveway access to Lots 16 and 17 shall be redesigned to take access
directly off of the northern cul -de -sac of "B" Street and a final plan demonstrating
driveway access to Lots 16 and 17 shall be submitted to the City Engineer and
Community Development Director for review and approval prior to the issuance
of building permits on these lots.
16. The driveway access to Lot 4 shall be reoriented so that access is not located
within the corner of the intersection of "A" Street and "B" Street, and a final plan
demonstrating driveway access shall be submitted to the City Engineer and
Community Development Director for review and approval prior to the issuance
of building permits on this lot.
17. None of the prohibited plants indicated in the Provisionally Acceptable Plant List
and the Invasive and Prohibited Plant List contained in the City's Landscape
Guidelines shall be used on any property in this development.
18. Prior to the occupancy of lots 1 through 16, the applicant shall provide the
Community Development Director with a signed acknowledgment from each
buyer that they have read and understand the City's Municipal Code Prohibited
Lighting regulations and the restriction that none of the plants on the
Provisionally Acceptable Plant List and the Invasive and Prohibited Plant List
contained in the City's Landscape Guidelines shall be used on their property.
These restrictions shall also be indicated in the CC &Rs for the project.
Resolution No. 2006 -2463
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STANDARD CONDITIONS OF APPROVAL
FOR SUBDIVISIONS AND PLANNED DEVELOPMENTS
A. The following conditions shall be required of all projects:
GENERAL REQUIREMENTS
1. Within thirty (30) calendar days of approval of this entitlement, the applicant shall
sign and return to the Planning Division an Affidavit of Agreement and Notice of
Entitlement Permit Conditions of Approval, indicating that the applicant has read
and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of
Agreement /Notice shall include a legal description of the subject property, and
have the appropriate notary acknowledgement suitable for recordation.
2. The Final Map shall include the final Conditions of Approval and a reference to
the adopted City Council resolution in a format acceptable to the Community
Development Director.
3. This Vesting Tentative Tract Map No. 5437 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 -year extensions for map
recordation, if there have been no changes in the adjacent areas and if the
applicant can document that he /she has diligently worked towards Map
recordation during the initial period of time. The request for extension of this Map
shall be made in writing, at least thirty (30) days prior to the expiration date of the
map and shall be accompanied by applicable entitlement processing deposits.
4. This planned development permit shall expire one (1) year from the date of its
approval unless the use has been inaugurated by issuance of a building permit
for construction. The Community Development Director may, at his /her
discretion, grant up to two (2) additional one -year extensions for use inauguration
of the development permit, if there have been no changes in the adjacent areas
and if the applicant can document that he /she has diligently worked towards use
inauguration during the initial period of time. The request for extension of this
planned development permit shall be made in writing, at least thirty (30) days
prior to the expiration date of the permit and shall be accompanied by applicable
entitlement processing deposits.
5. The Conditions of Approval of this entitlement and all provisions of the
Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies
at the time of the entitlement approval, supersede all conflicting notations,
specifications, dimensions, typical sections and the like which may be shown on
said Map and /or plans.
6. Conditions of this entitlement shall not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
Resolution No. 2006 -2463
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7. All mitigation measures required as part of an approved Mitigation Monitoring
Report and Program (MMRP) for this project are hereby adopted and included as
requirements of this entitlement. Where conflict or duplication between the
MMRP and the Conditions of Approval occurs the Community Development
Director shall determine compliance.
8. If any archaeological or historical finds are uncovered during grading or
excavation operations, all grading or excavation shall cease in the immediate
area and the find shall be left untouched. The applicant shall assure the
preservation of the site and immediately contact the Community Development
Director informing the Director of the find. The applicant shall be required to
obtain the services of a qualified paleontologist or archaeologist, whichever is
appropriate to recommend disposition of the site. The paleontologist or
archaeologist selected shall be approved by the Community Development
Director. The applicant shall pay for all costs associated with the investigation
and disposition of the find.
9. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance for a
grading permit, a paleontological mitigation plan outlining procedures for
paleontological data recovery shall be prepared and submitted to the Director of
Community Development for review and approval. The development and
implementation of this Plan shall include consultations with the Applicant's
engineering geologist as well as a requirement that the curation of all specimens
recovered under any scenario will be through the Los Angeles County Museum
of Natural History (LACMNH), that unless a written directive is issued by the City
of Moorpark within thirty (30) days of receipt of a report on the resources found
all specimens will remain the property of LACMNH, and subject to their
discretion. The monitoring and data recovery should include periodic inspections
of excavations to recover exposed fossil materials. The cost of this data
recovery shall be limited to the discovery of a reasonable sample of available
material. The interpretation of reasonableness shall rest with the Director of
Community Development.
10. 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 this entitlement approval, which claim, action or
proceeding is brought within the time period provided therefore in Government
Code Section 66499.37 or other sections of state law as applicable. 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.
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:
Resolution No. 2006 -2463
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The City bears its own attorney fees and costs;
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 or a building permit is issued pursuant to the planned
development permit.
11. 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.
12. All facilities and uses, other than those specifically requested in the application
and those accessory uses allowed by the Municipal Code, are prohibited unless
otherwise permitted through application for Modification consistent with the
requirements of the zone and any other adopted ordinances, specific plans,
landscape guidelines, or design guidelines.
13. CC &R's and Landscaping Easement Requirements: Covenants, Conditions and
Restrictions (CC &R's) and by -laws establishing one or more Homeowners'
Associations for the residential development shall be prepared prior to Final Map
Approval. CC &R's shall be subject to the review and approval of the Director of
Community Development and City Attorney. Language shall be placed in the
CC &R's indicating that any subsequent changes to the CC &R's shall be subject
to the review and approval of the Director of Community Development and City
Attorney. All applicable conditions of approval and mitigation measures shall be
incorporated into the CC &R's as requirements, including but not limited to the
following provisions:
a. Identification of all Common Maintenance Areas including maintenance
of all multi -use trails, open space lots, detention basin landscaping,
parkway landscaping for all streets, any shared driveways, private
streets, storm drains, any fencing or walls within common maintenance
areas, recreational areas, and any slope directly affecting drainage or
residential street facilities. The draft CC &R's shall be submitted to the
Director of Community Development and the City Attorney for review
and approval prior to approval of the first phase of the Final Map by the
City Council and the subdivider shall be required to pay all costs
associated with such review. All applicable Tentative Map and
Residential Planned Development (RPD) and conditions of approval
shall be highlighted in the copies of the CC &R's submitted for City
review. Prior to the sale of any lots, the CC &R's shall be approved by
the State Department of Real Estate and then recorded. Approval of
the City shall not be construed to mean that the City has any obligation
to enforce CC &R's. The Homeowners' Associations may modify the
CC &R's only to the extent that they do not conflict with the terms of
Resolution No. 2006 -2463
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approval of the Tentative Tract Map, approved Residential Planned
Development Permit or any approved Development Agreement. Sixty
(60) days notice must be given to the City of the intent to modify
CC &R's. Further, it is the sole responsibility of the Homeowners'
Associations to enforce the CC &R's.
b. Language indicating that where feasible, the use of recycling materials
shall be included in the construction of the project.
C. Provisions that the Homeowners' Association shall be responsible for
implementing and maintaining the vegetation management
requirements of the Fire Hazard Reduction Program in perpetuity. As
required by the Fire Department fuel modification plan zones are
proposed to be retained in as natural a state as safety and fire
regulations will permit. The zones shall be designed by and planted
under the supervision of a landscape architect with expertise in native
plant materials and habitat restoration, with the approval of the Director
of Community Development, to appear as a transition between the built
environment and natural open space. Final approval of this Program
by the County Fire Prevention District and Director of Community
Development shall be required prior to the recordation of the first Final
Map. Appropriate language shall be included on the Final Map
indicating the boundary of all areas of fuel modification hazard zones.
d. Provisions prohibiting human, domestic animal, agricultural, and
motorized vehicle use in preserved designated natural open space
areas, except that horses, non - motorized vehicles and pedestrians are
allowed on designated trails. In addition, provisions shall be included
prohibiting tree houses; play structures; vehicle parking or storage;
agricultural use; wireless communication facilities; sale of easements
for residential use purposes; extraction of subsurface mineral
resources, excavation, drilling, pumping, mining, or similar activity; and
all other development restricted by recorded easements.
e. Provisions that individual front yard landscaping must include a
minimum of one (1) 24" box tree as a part of private front yard
landscaping.
f. Provisions requiring that ultra -low water consumption plumbing fixtures
shall be installed consistent with City Ordinance No. 132. The CC &R's
shall also include a requirement for the following energy saving
devices or construction features:
• Stoves, ovens, and ranges, when gas fueled shall not have
continuous burning pilot lights.
• All thermostats connected to the main space- heating source shall
have night setback features.
Resolution No. 2006 -2463
Page 14
• Kitchen ventilation system shall have automatic dampers to ensure
closure when not in use.
g. Language restricting front and rear yard lighting to be consistent with
the City's Lighting Ordinance.
h. Language that any modifications to structures shall be designed in
accordance with the approved RPD.
i. Language to insure that no sheet flow of drainage occurs between lots
located within or adjacent to the project.
j. Language requiring the Homeowners' Association to be responsible for
the maintenance of drainage facilities including all NPDES
requirements unless such structures or facilities are accepted into the
master flood protection system by the Ventura County Flood Control
District.
k. Language prohibiting use of roofing material made of wood or asphalt
shingles and requiring tile roofs as determined by the City as roofing
materials for all structures.
I. Language that discourages excessive noise generating activities in
garages consistent with adopted community noise standards. Garages
shall remain permanently available for the purpose of automobile
parking.
M. Language requiring the Homeowner's Association to remove any
graffiti within five (5) days from written notification by the City of
Moorpark. All such graffiti removal shall be accomplished to the
satisfaction of the City.
n. Language requiring that all property areas be maintained free of
litter /debris.
o. Language requiring that all on -site storm drains, swales and terrace
drains be cleared at least twice a year, once immediately prior to
October 15 (the rainy season) and once in January. Additional cleaning
may be required by the City Engineer.
P. Language requiring that private roads and parking areas be maintained
free of litter /debris. Sidewalks and parking areas shall be swept
regularly to prevent the accumulation of litter and debris. When swept
or washed, debris must be trapped and collected to prevent entry to
the storm drain system. No cleaning agent may be discharged to the
storm drain. If any cleaning agent or degreaser is used, wash water
shall not discharge to the storm drains; wash water should be collected
and discharged to the sanitary sewer. Discharges to the sanitary sewer
are subject to the review, approval and conditions of the wastewater
treatment plant receiving the discharge.
Resolution No. 2006 -2463
Page 15
q. Language requiring that all exterior metal building surfaces be coated
and sealed with rust inhibitive paint to prevent corrosion and release of
metal contaminants into the storm drain system.
r. Language requiring that landscaping be properly maintained with
efficient irrigation to reduce runoff, promote surface filtration, and
minimize the use of fertilizers and pesticides, which can contribute to
urban runoff pollution.
S. Language requiring compliance with the City approved fence /wall plan.
t. Language requiring the Homeowners' Association to be responsible for
the maintenance of private streets, and emergency access roads, and
private street lighting.
14. Fence/Wall Plan: A fencing, perimeter, gate, and privacy barrier wall plan,
complete with related landscaping details, identifying the materials to be used
and proposed wall heights and locations shall be submitted to and approved by
the Director of Community Development prior to the issuance of a Zoning
Clearance for grading. The approved fence /wall plan shall be incorporated into
the CC &R's. 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
Director of Community Development shall approve the connection of property
line wall with existing fences and or walls on adjacent residential properties. The
Developer is required at his /her sole expense to connect or reconstruct adjacent
residential walls and or fences to the project perimeter wall utilizing the same
type of material that comprises existing walls and or fences that are to be
connected to the project perimeter wall.
FEES
15. Entitlement Processing: Prior to the issuance of any Zoning Clearance,
entitlement, building permit, grading permit, or advanced grading permit the
applicant shall submit to the Community Development Department all
outstanding entitlement case processing fees, including all applicable City legal
service fees. This payment shall be made within sixty (60) calendar days of
approval of this entitlement.
16. Condition Compliance: Prior to the issuance of any Zoning Clearance, building
permit, grading permit, or advanced grading permit, the applicant shall submit to
the Community Development Department the Condition Compliance review
deposit.
17. Capital Improvements and Facilities and Processing_: Prior to the issuance of any
Zoning Clearance, the applicant shall submit to the Community Development
Department, capital improvement, development, and processing fees at the
current rate in effect. Said fees include, but are not limited to building and public
Resolution No. 2006 -2463
Page 16
improvement plan checks and permits. Unless specifically exempted by City
Council, the applicant is subject to all fees imposed by the City as of the issuance
of the first permit for construction and such future fees imposed as determined by
City in its sole discretion so long as said fee is imposed on similarly situated
properties.
18. Parks: Prior to issuance of Zoning Clearance for a building permit, the applicant
shall submit to the Community Development Department Park and Recreation
Fees in accordance with the Moorpark Municipal Code and to the satisfaction of
the Community Services Director.
19. Tree and Landscape: Prior to or concurrently with the issuance of a building
permit the Tree and Landscape Fee shall be paid to the Building and Safety
Division. The fee shall be paid in accordance with City Council adopted Tree and
Landscape Fee requirements in effect at the time of building permit application.
20. Fire Protection Facilities: Prior to or concurrently with the issuance of a building
permit, current Fire Protection Facilities Fees shall be paid to the Building and
Safety Division. The fee shall be paid in accordance with City Council adopted
Fire Protection Facilities Fee requirements in effect at the time of building permit
application.
21. Library Facilities: Prior to or concurrently with the issuance of a building permit
the Library Facilities Fee shall be paid to the Building and Safety Division. The
fee shall be paid in accordance with City Council adopted Library Facilities Fee
requirements in effect at the time of building permit application.
22. Police Facilities: Prior to or concurrently with the issuance of a building permit the
Police Facilities Fee shall be paid to the Building and Safety Division. The fee
shall be paid in accordance with City Council adopted Police Facilities Fee
requirements in effect at the time of building permit application.
23. Traffic Systems Management: Prior to the issuance of a Zoning Clearance for
each building permit, the applicant shall submit to the Community Development
Department the established Moorpark Traffic Systems Management (TSM) Fee
for the approved development consistent with adopted City policy for calculating
such fee.
24. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a
building permit, the applicant shall submit to the Community Development
Department a fair -share contribution for intersection improvements relating to the
project. The level of fair -share participation will be to the satisfaction of the City
Engineer based on the traffic report prepared for the project and the extent of the
impact to these intersections.
25. Countywide Traffic: Prior to issuance of a Zoning Clearance for a building permit
for each residential or institutional use within the boundaries of the Property,
Developer shall pay County a traffic mitigation fee to the City of Moorpark as
required by the Reciprocal Traffic Mitigation Agreement signed by both the City
of Moorpark and the County of Ventura.
Resolution No. 2006 -2463
Page 17
26. Citywide Traffic: Prior to issuance of a Zoning Clearance for a building permit for
each residential or institutional use within the boundaries of the Property,
Developer shall pay City a traffic mitigation fee as described herein ( "Citywide
Traffic Fee "). The Citywide Traffic Fee may be expended by City in its sole and
unfettered discretion. On the operative date of this Agreement, the amount of the
Citywide Traffic Fee shall be Five Thousand Seventy -Five Dollars ($6,531.00)
per residential unit, and Twenty -Two Thousand, Eight Hundred Thirty -Eight
Dollars ($29,391.00) per acre of institutional land on which the institutional use is
located. Commencing on January 1, 2008, and annually thereafter, the
contribution amount shall be increased to reflect the change in the Caltrans
Highway Bid Price Index for Selected California Construction Items for the twelve
(12) month period 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 current amount of the fee shall remain until such time as the
next subsequent annual indexing which results in an increase.
In the event the Caltrans Highway Bid Price Index is discontinued or revised,
such successor index with which it is replaced shall be used in order to obtain
substantially the same result as would otherwise have been obtained if the index
had not been discontinued or revised.
27. Area of Contribution: Prior to the issuance of a Zoning Clearance for each
building permit, the applicant shall pay to the Community Development
Department the Area of Contribution (AOC) Fee for the area in which the project
is located. The fee shall be paid in accordance with City Council adopted AOC
fee requirements in effect at the time of building permit application.
28. Street Lighting Energy Costs: Prior to recordation of Final Map, or issuance of a
building permit, whichever occurs first the applicant shall pay to the Community
Development Department all energy costs associated with public street lighting
for a period of one year from the acceptance of the street improvements.
29. Schools: Prior to issuance of building permits for each building, the applicant
shall provide written proof to the Community Development Department that all
legally mandated school impact fees applicable at the time of issuance of a
building permit have been paid to the Moorpark Unified School District.
30. Art in Public Places: Prior to or concurrently with the issuance of a Zoning
Clearance for each building permit, the applicant shall contribute to Art in Public
Places consistent with Ordinance No. 321 and Resolution No. 2005 -2408.
31. Electronic Conversion: In accordance with City policy, the applicant shall submit
to the Community Development Department, City Engineer and the Building and
Safety Division the City's electronic image conversion fee for
entitlement /condition compliance documents; Final Map/ engineering
improvement plans /permit documents; and building plans /permit documents,
respectively.
Resolution No. 2006 -2463
Page 18
32. Fish and Game: Within two (2) business days after the City Council /Planning
Commission adoption of a resolution approving this project, the applicant shall
submit to the City of Moorpark two separate checks for Negative Declaration or
Environmental Impact Report, and Administrative Fee, both made payable to the
County of Ventura, in compliance 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.
33. Crossing Guard: Prior to recordation of Final Map or prior to the issuance of a
building permit, whichever occurs first, the applicant shall pay to the Community
Development Department an amount to cover the costs associated with a
crossing guard for five years at the then current rate, plus the pro -rata cost of
direct supervision of the crossing guard location and staff's administrative costs
(calculated at fifteen percent (15 %) of the above costs).
34. Affordable Housing Agreement /Plan: Prior to the preparation of an Affordable
Housing Agreement and /or an Affordable Housing Implementation and Resale
Restriction Plan, the applicant shall pay to the City the City's cost to prepare the
required Plan and Agreement.
35. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the
issuance of a Zoning Clearance for building permit, the applicant shall pay to the
Community Development Department citywide Storm Drain Discharge
Maintenance Fee. The fee shall be paid in accordance with City Council adopted
Storm Drain Discharge Maintenance Fee requirements in effect at the time of
building permit application.
CABLE TELEVISION
36. Prior to commencement of project construction the applicant shall provide notice
of its construction schedule to all persons holding a valid cable television
franchise issued by the City of Moorpark (Cable Franchisees) sufficiently in
advance of construction to allow the Cable Franchisees to coordinate installation
of their equipment and infrastructure with that schedule. The City shall provide
the applicant a list of Cable Franchisees upon request. During construction, the
applicant shall allow the 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.
37. 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
Home Owners Association (HOA) 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
Resolution No. 2006 -2463
Page 19
Municipal Code and any successor amendment or supplementary provision
thereto.
38. In the event cable television services or their equivalent are provided to the
project by any means other than by a City Cable Franchise, the City's
government channel shall be available to all units as part of any such service, on
the same basis and cost as if the project was served by a City Cable Franchise.
AFFORDABLE HOUSING REQUIREMENTS
39. Prior to or concurrently with the first Final Map approval the applicant shall enter
into an Affordable Housing Agreement. Consistent with the City's General Plan
Housing Element, State law and Moorpark redevelopment Agency
Implementation Plan, this subdivision is subject to execution of an Affordable
Housing Agreement between the City of Moorpark and the applicant. The
Affordable Housing Agreement shall set forth the procedure for meeting an
affordable housing requirement of ten percent of the total number of approved
dwelling units for properties outside of a Redevelopment Project Area and fifteen
percent of the total number of approved dwelling units for projects which are in a
Redevelopment Project Area. The Agreement may be part of a Development
Agreement.
40. Prior to the preparation of an Affordable Housing Agreement or a Affordable
Housing Implementation and Resale Restriction Plan the applicant shall agree to
provide low income and very low income units as specified in the Special
Conditions of Approval, included herein, to meet the requirements of California
Health and Safety Code 33410 et seq.
41. Prior to the recordation of the first Final Map for this project the applicant and the
City shall execute an Affordable Housing Agreement that incorporates a Council
approved Affordable Housing Implementation and Resale Restriction Plan
consistent with the Conditions of Approval of this subdivision. The initial sales
price, location of the affordable units, buyer eligibility, and resale restrictions,
respective role of the City and the applicant, and any other item determined
necessary by the City shall be set forth in the Plan.
B. Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
42. The Building Plans shall be in substantial conformance to the plans approved
under this entitlement and shall specifically reflect the following:
a. Final exterior building materials and paint colors shall be consistent with
the approved plans under this permit. Any changes to the building
materials and paint colors are subject to the review and approval of the
Community Development Director.
Resolution No. 2006 -2463
Page 20
43. Prior to issuance of a Zoning Clearance for final building permit (occupancy), the
applicant shall install U.S. Postal Service approved mailboxes in accordance with
the requirements of the local Postmaster.
44. Any expansion, alteration or change in architectural elements requires prior
approval of the Community Development Director. Those changes in
architectural elements that the Director determines would visible from abutting
street(s) shall only be allowed, if, in the judgment of the Community Development
Director such change is compatible with the surrounding area. Any approval
granted by the Director shall be consistent with the approved Design Guidelines
(if any) for the planned development and applicable Zoning Code requirements.
45. All air conditioning or air exchange equipment shall be ground mounted. The
equipment shall be located in a side yard in such a manner that it is not within
15 -feet of an opening window at ground floor level of any residential structure,
and shall be located to maintain a minimum 5 -foot yard area. The Director may
approve rear yard locations where side yard locations are not possible.
46. A minimum twenty -foot (20') by twenty -foot (20') clear and unobstructed parking
area for two (2) vehicles shall be provided in a garage for each dwelling unit.
Single garages shall measure a minimum of twelve -foot (12') wide by twenty -foot
(20') deep clear and unobstructed area. Steel roll -up garage doors shall be
provided. Garage doors shall be a minimum of sixteen feet (16') wide by seven
feet (7') high for double doors and nine feet (9') wide by seven feet (7') high for
single doors. A minimum twenty -foot (20') long concrete paved driveway shall be
provided in front of the garage door outside of the street right -of -way.
47. All homes /units shall be constructed employing energy saving devices. These
devices shall include, but not be limited to ultra low flush toilets (to not exceed
1.6 gallons), low water use shower controllers, natural gas fueled stoves,
pilotless ovens and ranges, night set back features for thermostats connected to
the main space- heating source, kitchen ventilation systems with automatic
dampers, hot water solar panel stub -outs.
48. When required by Title 15 of the Moorpark Municipal Code, 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 an appropriate
drainage system, consistent with NPDES requirements, as determined by the
City Engineer.
OPERATIONAL REQUIREMENTS
49. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
50. Prior to or concurrently with the issuance of a Zoning Clearance for a grading
permit, the applicant shall submit the construction phasing plan for approval by
the Community Development Director and City Engineer. Phasing shall avoid, to
the extent possible, construction traffic impacts to existing adjacent residential,
commercial and industrial areas, if any.
Resolution No. 2006 -2463
Page 21
LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS
51. Prior to the issuance of a Zoning Clearance for building permits the applicant
shall submit to the Community Development Director for review and approval,
with the required deposit, three full sets of Landscaping and Irrigation Plans
prepared by a licensed landscape architect and drawn on a plan that reflects final
grading configuration, in conformance with the City of Moorpark Landscape
Standards and Guidelines, policies and NPDES requirements; including, but not
limited to, all specifications and details and a maintenance plan. Fences and
walls shall be shown on the Landscape and Irrigation Plans, including
connection, at the applicant's expense, of property line walls with existing fences
and or walls on any adjacent residential, commercial or industrial properties. The
plan shall maintain proper vehicle sight distances subject to the review of the City
Engineer, and encompass all required planting areas consistent with these
Conditions of Approval. Review by the City's Landscape Architect Consultant and
City Engineer, and approval by the Community Development Director prior to
issuance of a Zoning Clearance for building permit, is required.
52. Prior to or concurrently with the submittal of the Landscaping and Irrigation Plans
the specific design and location of the neighborhood identification monument
sign shall be submitted for review and approval by the Community Development
Director. The sign shall be installed concurrent with perimeter project wall
installation.
53. Prior to the issuance of a Zoning Clearance for final building permit (occupancy)
the applicant shall install front yard landscaping, including sod and an automatic
irrigation system, as approved on the landscape plans.
54. Unless otherwise stipulated in the Special Conditions of Approval, the applicant
shall be responsible for the maintenance of any and all parkway landscaping
constructed as a requirement of the project, whether said parkway landscaping is
within the street right -of -way or outside of the street right -of -way. Any parkway
landscaping outside of the street right -of -way shall be within a landscape
easement.
55. All required landscape easements shall be clearly shown on the Final Map or on
other recorded documents if there is no Final Map.
56. When available, use of reclaimed water shall be required for landscape areas
subject to the approval of the Community Development Director, the City
Engineer and Ventura County Waterworks District No. 1.
57. Landscaped areas shall be designed with efficient irrigation to reduce runoff and
promote surface filtration and minimize the use of fertilizers and pesticides, which
can contribute to urban runoff pollution. Parking and associated drive areas with
five (5) or more spaces shall be designed to minimize degradation of storm water
quality. Best Management Practice landscaped areas for infiltration and
biological remediation or approved equals, shall be installed to intercept and
effectively prohibit pollutants from discharging to the storm drain system. The
Resolution No. 2006 -2463
Page 22
design shall be submitted to the Community Development Director and City
Engineer for review and approval prior to the issuance of a building permit.
58. All landscaping shall be maintained in a healthy and thriving condition, free of
weeds, litter and debris.
59. Prior to the issuance of Zoning Clearance for occupancy all fences /walls along lot
boundaries shall be in place, unless an alternative installation is approved by the
Community Development Director.
C. Please contact the ENGINEERING DEPARTMENT for compliance with the
following conditions:
GENERAL
60. Grading, drainage and improvement plans and supporting reports and
calculations shall be prepared in conformance with the "Land Development
Manual" and "Road Standards" as promulgated by Ventura County; "Hydrology
Manual" and "Design Manual" as promulgated by Ventura County Watershed
Protection District; "Standard Specifications for Public Works Construction" as
published by BNI (except for signs, traffic signals and appurtenances thereto; for
signs, traffic signals and appurtenances thereto, the provisions of Chapter 56 for
signs and Chapter 86 for traffic signals, and appurtenances thereto, of the
"Standard Specifications," most recent edition, including revisions and errata
thereto, as published by the State of California Department of Transportation);
"Engineering Policies and Standards" of the City of Moorpark, "Policy of
Geometric Design of Highways and Streets," most recent edition, as published by
the American Association of State Highway and Transportation Officials. In the
case of conflict between the standards, specifications and design manuals listed
above, the criteria that provide the higher lever of quality and safety shall prevail.
Any standard specification or design criteria that conflicts with a Standard or
Special Condition of Approval of this project shall be modified to conform with the
Standard or Special Condition to the satisfaction of the City Engineer.
61. The applicant and /or property owner shall provide verification to the City
Engineer that all on -site storm drains have been cleaned at least twice a year,
once immediately prior to October 1 st (the rainy season) and once in January.
The City Engineer may require additional cleaning depending upon site and
weather conditions.
62. Prior to improvement plan approval the applicant shall obtain the written approval
on the improvement plans Mylar® sheets for the location of fire hydrants by the
Ventura County Fire Prevention Division. (Water and Sewer improvements plans
shall be submitted to Ventura County Waterworks District No. 1 for approval.)
63. 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 and provide copies of these approved permits and the
plans associated with the permits to the City Engineer.
Resolution No. 2006 -2463
Page 23
64. 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 (APCD). 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.
65. The applicant shall comply with Chapters 9.28, 10.04, 12.24, 17.53 of the
Moorpark Municipal Code standard requirements for construction noise
reduction.
66. The applicant shall utilize all prudent and reasonable measures (including
installation of a 6 -foot high chain link fence around the construction sites or
provision of a full time licensed security guard) to prevent unauthorized persons
from entering the work site at any time and to protect the public from accidents
and injury.
67. The applicant shall post in a conspicuous location the construction hour limitation
and make each construction trade aware of the construction hour limitations.
GRADING
68. Prior to the issuance of a grading permit (should an early grading agreement be
approved for this project) or prior to Final Map the applicant shall post sufficient
surety, in a form acceptable to the City Engineer, guaranteeing completion of all
onsite and offsite improvements required by these Conditions of Approval or the
Municipal Code including, but not limited to grading, street improvements, storm
drain improvements, temporary and permanent Best Management Practice
(BMP) for the control of non -point water discharges, landscaping, fencing, and
bridges. Grading and improvements shall be designed, bonded and constructed
as a single project.
69. Prior to the issuance of a grading permit (should an early grading agreement be
approved for this project) or prior to Final Map, whichever occurs first, the
applicant shall provide written proof to the City Engineer that any and all wells
that may exist or have existed within the project have been properly sealed or
have been destroyed or abandoned per Ventura County Ordinance No. 2372 or
Ordinance No. 3991 and per Division of Oil and Gas requirements.
FINAL MAP
70. Prior to Final Map approval, the applicant shall obtain City Engineer approval of
all required public improvement and grading plans. The applicant shall enter into
an agreement with the City of Moorpark to complete grading, public
improvements and subdivision monumentation and post sufficient surety
guaranteeing the construction and maintenance of grading' all public
improvements, and private street and storm drain improvements; construction
Resolution No. 2006 -2463
Page 24
and post construction NPDES Best Management Practice; and subdivision
monumentation in a form and in an amount acceptable to the City Engineer. Said
plans shall be prepared by a California Registered Civil Engineer. Said sureties
shall meet the City's requirements for sureties and shall remain in place for one
year following final acceptance of the improvements by the City or until such time
that the City Council shall approve their redemption, whichever is the longer.
71. Prior to Final Map approval the applicant shall post sufficient surety in a form and
in an amount acceptable to the City Engineer guaranteeing the payment of
laborers and materialsmen in an amount no less than fifty percent (50 %) of the
faithful performance surety.
PUBLIC AND PRIVATE STREETS
72. Prior to construction of any public improvement the applicant shall submit to the
City Engineer, 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. Unless specifically noted in
these Standard Conditions or Special Conditions of Approval. The Developer
shall dedicate on the Final Map easements to the City of Moorpark over all
private streets shown on the Vesting Tentative Map for the purpose of providing
access to: a) all governmental agencies that provide public safety, health and
welfare services or that enforce laws and ordinances; and b) all members of the
public who reasonably need access over the private streets because of a state of
emergency declared by a representative of the City or of the Ventura County Fire
Protection District.
73. Prior to issuance of the first building permit all existing and proposed utilities that
are less than 67Kv shall be under - grounded as approved by the City Engineer.
DRAINAGE AND HYDROLOGY
74. For a 10 -year frequency storm, local, residential and private streets shall be
designed to have one dry travel lane available on interior residential streets.
Collector streets shall be designed to have a minimum of one dry travel lane in
each direction.
75. Drainage and improvement plans shall be designed so that after - development,
drainage to adjacent parcels would not be increased above pre - development
drainage quantities for any stormwater model between and including the 10 year
and 100 year storms, nor will surface runoff be concentrated by this project.
Acceptance of storm drain waters by the project and discharge of storm drain
waters from the project shall be in type, kind and nature of predevelopment flows
unless the affected upstream and /or downstream owners provide permanent
easement to accept such changed storm drainage water flow. All drainage
measures necessary to mitigate stormwater flows shall be provided to the
satisfaction of the City Engineer. The applicant shall make any on -site and
Resolution No. 2006 -2463
Page 25
downstream improvements, required by the City, to support the proposed
development.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES)
76. The applicant shall submit to the City Engineer a Stormwater Pollution Control
Plan (SWPCP) and a Stormwater Pollution Prevention Plan (SWPPP) in
accordance with requirements of the Ventura Countywide Stormwater Quality
Management Program, Technical Guidance Manual for Stormwater Quality
Control Measures, NPDES Permit No. CAS004002. The Plans shall identify
potential pollutant sources that may affect the quality of discharges to stormwater
and shall include the design and placement of recommended Best Management
Practice (BMP) to effectively prohibit the entry of pollutants from the construction
site into the storm drain system streets and water courses. The Plans shall be
implemented as part of the grading, improvements and development of the
project.
77. Prior to the issuance of any construction /grading permit and /or the
commencement of any clearing, grading or excavation, the applicant shall submit
a Notice of Intent (NOI) to the California State Water Resources Control Board,
Stormwater Permit Unit in accordance with the NPDES Construction General
Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of
Stormwater Runoff Associated with Construction Activities). The applicant shall
also provide a copy of the Notice of Intent (NOI) to the City Engineer as proof of
permit application. The improvement plans and grading plans shall contain the
WDID number for the project.
78. Prior to the starting of grading or any ground disturbance the applicant shall
identify a qualified superintendent for NPDES compliance. The NPDES
superintendent shall be present, on the project site Monday through Friday and
on all other days when the probability of rain is 40% or higher and prior to the
start of and during all grading or clearing operations until the release of grading
bonds. The NPDES superintendent shall have full authority to rent equipment
and purchase materials to the extent needed to effectuate Best Management
Practice. The NPDES superintendent shall provide proof of attendance and
satisfactory completion of courses satisfactory to the City Engineer totaling no
less than 8 hours directed specifically to NPDES compliance and effective use of
Best Management Practice. In addition, an NPDES superintendent shall be
designated to assume NPDES compliance during the construction of streets,
storm drainage systems, all utilities, buildings and final landscaping of the site.
MAINTENANCE
79. Unless otherwise stipulated in the Special Conditions of Approval, any median
landscaping constructed by the project shall be maintained by the City. An
Assessment District shall be formed to fund the City maintenance costs for any
such median landscaping.
Resolution No. 2006 -2463
Page 26
80. Unless otherwise stipulated in the Special Conditions of Approval, parkway
landscaping shall be maintained by a Home Owners' Association, a Property
Owners' Association or by the property owner [collectively herein "Private
Responsible Party "]. In such case, any required landscape easements, shall be
conveyed to the Private Responsible Party.
81. Unless otherwise stipulated in the Special Conditions of Approval, all required
on -site drainage improvements and /or stormwater quality [NPDES] features or
facilities shall be maintained by the Private Responsible Party.
82. When, and if stipulated in the Special Conditions of Approval, that certain
identified parkway landscaping and /or drainage improvements are to be
maintained by the City, an Assessment District shall be formed to fund City costs
for such maintenance. In such event, any required landscaping and /or drainage
improvements shall be conveyed to the City in easements for such purposes.
83. Any Final Map identifying any landscape easement or drainage easement
granted to a Private Responsible Party shall also be irrevocably offered for
dedication to the City and shown on said Final Map. The City reserves the right
to assume the maintenance of parkway landscaping, median landscaping or
drainage improvements being maintained by a Private Responsible Party, should
it be determined by the City, at its sole discretion, that the maintenance being
provided by the Private Responsible Party is inadequate.
84. 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.
85. 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
Resolution No. 2006 -2463
Page 27
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 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 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.]
D. Please contact the BUILDING DIVISION for compliance with the following
conditions:
86. Prior to the issuance of a Building Permit, the applicant shall provide written proof
that an "Unconditional Will Serve Letter" for water and sewer service has been
obtained from the Ventura County Waterworks District No. 1.
E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL
DISTRICT for compliance with the following conditions:
87. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air
Pollution Control District (APCD) "Authority to Construct" shall be obtained for all
equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final
Certificate of Occupancy shall not be granted until compliance with all applicable
APCD Rules & Regulations has been satisfactorily demonstrated.
88. Facilities shall be operated in accordance with the Rules and Regulations of the
Ventura County Air Pollution Control District, with emphasis on Rule 51,
Nuisance. Rule 51 states: "A person shall not discharge from any source
whatsoever such quantities of air contaminants or other material which cause
injury, detriment, nuisance or annoyance to any considerable number of persons
or to the public or which endangers the comfort, repose, health or safety of any
such persons or the public or which cause or have a natural tendency to cause
injury or damage to business or property."
Resolution No. 2006 -2463
Page 28
:•
F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for
compliance with the following conditions:
GENERAL
90. Prior to combustible construction, an all weather access road /driveway and the
first lift of the access road pavement shall be installed. Once combustible
construction starts a minimum twenty -foot (20) clear width access road /driveway
shall remain free of obstruction during any construction activities within the
development. All access roads /driveways shall have a minimum vertical
clearance of thirteen feet -six inches (13' -6 ") and a minimum outside turning
radius of forty feet (40').
91. Approved turnaround areas for fire apparatus shall be provided when dead -end
Fire District access roads /driveways exceed 150 -feet. Turnaround areas shall
not exceed a five percent cross slope in any direction and shall be located within
one - hundred -fifty feet (150') of the end of the access road /driveway.
92. The access road /driveway shall be extended to within one - hundred -fifty feet
(150) of all portions of the exterior wall of the first story of any building and shall
be in accordance with Fire District access standards. Where the access roadway
cannot be provided, approved fire protection system or systems shall be installed
as required and acceptable to the Fire District.
93. When only one (1) access point is provided, the maximum length shall not
exceed eight- hundred feet (800').
94. Public and private roads shall be named if serving more than four (4) parcels or
as required by the Fire District.
95. Approved walkways shall be provided from all building openings to the public
way or Fire District access road /driveway.
96. Structures exceeding three stories or forty- eight -feet (48') in height shall meet
current VCFPD Ordinance for building requirements. Structures exceeding
seventy- five -feet (75') in height shall be subject to Fire District high rise building
requirements.
97. Structures greater than 5,000 square feet and /or five (5) miles from a fire station
shall be provided with an automatic fire sprinkler system in accordance with
current Ventura County Fire Protection District Ordinance.
FINAL MAP
98. Prior to recordation of the Final Map(s) proposed street name(s) shall be
submitted to the Community Development Director and the Fire District's
Mapping Unit for review and approval. Approved street names shall be shown on
the Final Map(s). Street name signs shall be installed in conjunction with the road
Resolution No. 2006 -2463
Page 29
improvements. The type of sign shall be in accordance with Plate F -4 of the
Ventura County Road Standards.
99. At least fourteen (14) days prior to recordation of any maps, including parcel map
waivers, the applicant shall submit two (2) copies of the map to the Fire
Prevention Division for approval.
100. Within seven (7) days of the recordation of the Final Map(s) an electronic version
of the map shall be provided to the Fire District.
101. Prior to Final Map or prior to the issuance of a building permit, whichever comes
first, the applicant shall provide to the Fire District, written verification from the
water purveyor that the water purveyor can provide the required fire flow as
determined by the Fire District.
DEVELOPMENT REQUIREMENTS
102. Prior to the issuance of a certificate of occupancy by the Building Division the
applicant shall submit a plan to the Fire District for review and approval indicating
the method by which this project will be addressed.
103. Minimum six -inch (6 ") high address numbers shall be installed prior to
occupancy, shall be contrasting color to the background, and shall be readily
visible at night Brass or gold plated number shall not be used. Where structures
are set back more that one - hundred -fifty feet (150') from the street, larger
numbers will be required so that they are distinguishable from the street. In the
event a structure(s) is(are) not visible from the street, the address numbers(s)
shall be posted adjacent to the driveway entrance on an elevated post.
104. Prior to combustible construction, fire hydrants shall be installed to the minimum
standards of the City of Moorpark and the Fire District, and shall be in service.
105. Prior to occupancy of any structure, blue reflective hydrant location markers 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.
106. Prior to issuance of a building permit the applicant shall submit a phasing plan
and two (2) site plans (for the review and approval of the location of fire lanes) to
the Fire District.
107. Prior to occupancy the fire lanes shall be posted "NO PARKING FIRE LANE
TOW- AWAY" in accordance with California Vehicle Code and the Fire District.
108. Prior to or concurrently with the issuance of a building permit the applicant shall
submit plans to the Fire District showing the location of the existing hydrants
within three - hundred feet (300') of the proposed project and showing the location,
type and number of proposed hydrants, and the size of the outlets. Fire
hydrant(s) shall be provided in accordance with current adopted edition of the
Uniform Fire Code, Appendix 111 -B and adopted amendments. On -site fire
Resolution No. 2006 -2463
Page 30
hydrants may be required as determined by the Fire District. Fire hydrants, if
required, shall be installed and in service prior to combustible construction and
shall conform to the minimum standard of the Ventura County Waterworks
Manual and the Fire District.
109. Prior to installation of any fire protection system; including, but not limited to
sprinklers, dry chemical, hood systems, the applicant shall submit plans, along
with the required fee for plan check, to the Fire District for review and approval.
Fire sprinkler systems with one - hundred or more heads shall be supervised by a
fire alarm system in accordance with Fire District requirements.
110. Prior to installation of the fire alarm system (if required), the applicant shall
submit plans, along with the required fee for plan check, to the Fire District for
review and approval. The fire alarm system shall be installed in all buildings in
accordance with California Building and Fire Code.
111. Prior to the issuance of a certificate of occupancy by the Building Division the
applicant shall obtain all applicable Uniform Fire Code (UFC) permits.
112. Prior to the issuance of a building permit the applicant shall obtain a copy of
Ventura County Fire District Form No. 126 "Requirements for Construction."
113. Prior to framing the applicant shall clear for a distance of one hundred feet all
grass or brush exposing any structure(s) to fire hazards.
G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for
compliance with the following conditions:
114. The applicant shall comply with the applicable provisions of Ventura County
Waterworks District No. 1 standard procedures for obtaining domestic water and
sewer services for applicant's projects within the District.
115. Prior to issuance of a building permit, provide Ventura County Waterworks
District:
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 Ventura County Fire
Protection District.
d. Copy of District Release and Receipt from Calleguas Municipal Water
District.
e. Cost estimates for water and sewer improvements.
f. 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.
Resolution No. 2006 -2463
Page 31
116. 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 Ventura
County Waterworks District No. 1.
H. Please contact the VENTURA COUNTY WATERSHED PROTECTION
DISTRICT for compliance with the following conditions:
117. Direct storm drain connections to Ventura County Flood Control District facilities
are subject to Ventura County Watershed Protection District permit requirements.
I. Please contact the POLICE DEPARTMENT for compliance with the
following condition:
118. Prior to initiation of the building plan check process for the project, the applicant
shall submit plans in sufficient detail to the Police Department for review and
approval of defensible space concepts to reduce demands on police services. To
the degree feasible and to the satisfaction of the Community Development
Director and the Police Chief, public safety planning recommendations shall be
incorporated into the project plans. The applicant shall prepare a list of project
features and design components that demonstrate responsiveness to defensible
space design concepts.
- END —
Resolution No. 2006 -2463
Page 32
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Resolution No. 2006 -2463 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
17th day of May, 2006, and that the same was adopted by the following vote:
AYES: Councilmembers Harper, Millhouse, Parvin, and Mayor Pro Tempore
Mikos
NOES: None
ABSENT: Mayor Hunter
ABSTAIN: None
WITNESS my hand and the official seal of said City this 30th day of May, 2006.
Deborah S. Traffenstedt, CKnlerk
(seal)