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HomeMy WebLinkAboutRES CC 1983 50 1983 1019RESOLUTION NO. 83 -50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK APPROVING RESIDENTIAL PLANNED DEVELOP- MENT PERMIT PD -851 (PACIFICA AND PARDEE) WHEREAS, at duly noticed public hearings on September 7, September 21, October 5, and October 19, 1983, Residential Planned Development Permit No. PD -851 was considered by the City Council; and WHEREAS, PD -851 had been heretofore approved by the County of Ventura; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK RESOLVES AS FOLLOWS: SECTION 1: The City Council of the City of Moorpark hereby ratifies and approves Residential Planned Development Permit No. PD -851 (Pacifica and Pardee) as conditioned by the County of Ventura, subject to the following additional conditions A. That prior to occupancy, a slump stone block wall shall be provided along the exterior side yard of corner lots which abut at the rear. The walls shall be 4 to 6 feet in height, and, Ln the event of side yard slopes, shall be located at the top of th= slope. The side yard slopes shall be planted and irrigated as part of the front yard. Details for these improvements shall be included with the fencing plans to be submitted and approved in accordance with Condition No. 7 of the permit. B. That prior to occupancy, side and /or rear yard fencing shall be provided by the builder on the north side of all lets adjacent and south of Tierra Rejada Road. Where a slope is less than 10 feet in height, a slump stone wall shall be pro- vided; and where a slope is more than 10 feet in height, wrought iron with slump stone pillasters shall be provided, in accordance with -he CC &R's. Fencing plans shall be reviewed and approved in accordance with Condition No. 7 of the permit. C. That prior to occupancy, wrought iron fencing shall be provided atop a view slope within a view lot. Specific parcels shall be determined by the Planning Director upon consideration of the siting of dwelling units on adjacent parcels. Plans shall be reviewed and approved in accordance with Condition No. 7 of the permit. D. That the front yards of all dwelling units shall be landscaped with a lawn and irrigation system. Landscaping shall be completed within sixty (60) days of the occupancy of the dwelling unit. E. That prior to occupancy of the first dwelling unit the developer shall cause a Homeowners Association to be formed and shall call a meeting of said Homeowners Association within six (6) months after occupancy of the first dwelling unit. All buyers shall automatically be given membership in said Homeowners Association and shall continue said membership conditioned only on the payment of dues as established by the Homeowners Association Board of Directors made up of homeowners. F. That sufficient space in the garage shall be provided for a water storage tank to facilitate future equipping of each dwelling unit with solar water heating. The space shall be pro- vided at convenient location to facilitate connection to the water heater. Provisions shall be made in the wall to facilitate solar water heating installation. G. That prior to the issuance of the first zone clear- ance, the applicant, on behalf of himself and his successors or assigns, agree not to protest or otherwise contest the formation of any assessment district or method of assessment applicable to the development, which may be established by the City of Moorpark for the purpose of maintaining landscaping and improvements within the public park site dedicated as part of this project, and which district or method of assessment encompasses the Peach Hill neigh- borhood. H. That prior to the issuance of the first occupancy permit, the existing Street Lighting and Landscaping Act assess- ment district, which includes the subject property, shall be expanded in authority to also provide maintenance of the land- scaped median divider and landscaping within the right of way of Tierra Rejada Road. I. That prior to occupancy of any dwelling unit located on a :Lot within 200 feet of the Simi -Santa Rosa Fault, a notice of the existence of the Fault shall be provided to the prospective buyer, who shall indicate in writing its receipt and his understand- ing o;= the notice. The form of the notice shall be subject to the approval of the City Manager. J. That prior to the issuance of a zone clearance for any lot which overlies or is within 200 feet of the Simi -Santa Rosa Fault, an agreement shall be entered into with the City to protect the City and all other public entities from any liability resulting from land failure. This agreement shall be recorded and constitute a covenant running with the land. The aveement shall be in substantially the form as shown in Exhibit "A . K. That the dwelling units approved as part of this permit: shall be those previously approved by the County of Ventura and presented to the City Council, which arc known as the "Suntree" project, and are labeled Exhibit "B". L. That in order to insure an appropriate mix of all approved models and floor plans, no more than 15% of the smallest "Suntree" model shall be constructed. M. That at the applicant's discretion, those dwelling units known as the "Steeple Hill" project and attached as Exhibit "C ", may be constructed in addition to those approved in Condition K. N. That no roofing materials other than cement or clay tile be used in construction. 0. That it is the intent of this permit to provide for an adequate mix of all approved models and floor plans. Therefore, there shall not be a preponderance of any one model or floor plan. P. That notwithstanding Condition No. 4 of the permit approved by the County of Ventura, the final plot plan shall be subjezt to the approval of the City Council. SECTION 2: The J and exhibit "A ", to the 50 feet of the Simi -Santa approving do not object t to the extent they effect Simi -Santa Rosa Fault. applicants expressly approve of Condition extent they effect property within Rosa Fault. The applicants while not D including Condition J and Exhibit "A" property within 50 to 200 feet of the SECTION 3: That the City Council of the City of Moorpark hereby ratifies the certification by County of Ventura of the environ- ment document for PD -851 and further finds that the addition of the conditions described in Section 1 herein do not necessitate the preparation of a subsequent environmental document because the conditions will not result in new significant environmental impac =s . SECTION 4: The Residential Planned Development Permit approved by the County of Ventura reflects the County's govern - menta:_ structure and contains references to officials, official titles, commissicos and other designations which are not a part of the structure of this City's government. Whenever the permit approved by the County refers to an official_, official title or other designation, the reference shall be interpreted to mean that offiCk', title or designation in the governmental structure of this City, or if there is none, any official or title holder in this City who has been specifically directed by the City Council or the City Manager to perform the functions referred to as the duties imposed. SECTION S: The City Clerk shall certify to the adoption of this Resolution. 19 83 . APPROVED AND ADOPTED this 19 day of October , ATTEST: -4- YO "EXHIBIT A" AGREEMENT This Agreement made this day of and between and , hereinafter called "Owners" and the CITY OF MOORPARK, a general law City, hereinafter called "City ". RECITALS This Agreement is entered into in consideration of the following facts: a. Owners own the property legally des- cribed as (Legal Description), in the City of Moorpark (hereafter "Property "); b. The address and legal description of said property is c. The property is located upon or with- in 200 feet of the Simi -Santa Rosa Fault; d. City requires owners to secure a per- mit for any development upon property; e. City is unwilling to approve develop- ment on the property by Owners unless City is assured that Owners will protect City and all other public entities from any liability for damage to property arising out of land failures, including but not limited to erosion, land- slides, earthquakes, mudslides, subsidence, slumping, slipping, ground shaking, compaction or uneven settlement to the end that if the Owners grade for and construct the improvements, Owners will thereafter assume all risk for land failure and will save and hold harmless the City, its officers, agents, servants and employees, and all other public agencies, their officers and employees from any liability for damage to property to the end that any economic risk of land failure on or near the property will be borne by Owners, or by insurance privately secured by Owners, and not shifted to taxpayers of the City or taxpayers of any other public entity. A report secured by Owners indicated that the pro- posed construction of property, can be undertaken without significant risk of land failure. AGREEMENT NOW, THEREFORE, Owners promise and agree with City as follows: 1. Owners shall fully comply with all recommen- dations and requirements contained in the approval by the County of Ventura relating to the Simi -Santa Rosa Fault and with any other conditions heretofore required by City re- 13ting to said Fault. 2. Owners hereby release the City, its officers, agents, servants and employees and all other public agencies, their governing bodies, their officers, agents, servants and employees from any liability for any damage or loss which may result from land failure on or near subject property. 3. Owners agree to hold harmless City, its Mayor, Members of its City Council, Members of its boards and com- missions, its officers, agents, servants and employees, and all other public agencies, their governing bodies, their officers, agents, servants and employees from liability for ary loss or damage to property arising out of any claim, st.it, action, or judgment by any person, firm or corpora- tion arising out of or occasioned by reason of land failure on the above described property or any property near or adjacent thereto. 4. That this agreement shall be recorded in the Ventura County Recorder's Office and shall constitute a covenant running with the land and be binding upon the exe- cutors, assigns, heirs and administrators of the Owners. -2- 5. Owners warrant that, except for Owners, no person, firm or corporation has any ownership or security interest in the property described in paragraph a. of the Recitals. ATTEST: CITY CLERK OWNERS CITY OF' MOORPARK, a general law City -3- ITS MAYOR STATE OF CALIFORNIA COUNTY OF VENTURA SS. CITY OF MOOR PA R K ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 83 -50 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 19 day of October , 19 83 , and that the same was adopted by the :following vote, to wit: AYES: Councilmembers Straughan, .Beaulieu, Prieto, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 19 day of October , 19 8 :3 CITY CLERK