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HomeMy WebLinkAboutRES CC 1985 224 1985 0916RESOLUTION NO. 85- 224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT NO. TR -3525 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -941, ON APPLICATION OF WARMINGTON HOMES . WEREAS, at duly noticed public hearings on June 27, July 11, July 25, August 8, August 15 and August 29, 1985, the Moorpark Planning Commission considered the application of Warming-ton Homes for approval of Tentative Tract No. TR -3525 for a 28.9 acre subdivision containing 87 single family lots, and approval of Residential Planned Development Permit No. RPD -941, for 87 homes and recreational facilities, located adjacent to and south of Williams Ranch Road (Peach Hill Road) and west of and adjacent to Peach Hill Road; and WHEREAS, after careful consideration, the Planning Commission reached its decision in the matter and adopted its Resolution No. PC- 85 -51, recommending approval of Tentative Tract No. TR -3525, and Resolution No. P.C- 85 -52, recommending approval of Residential Planned Development Permit No. RPD -941; and WHEREAS, public notice having been given in time, form and manner as required by law, the City Council of the City of Moorpark has held a public hearing, has received testimony regarding said project, has duly considered said proposed project, and has reached its decision; and WHEREAS, the City Council, after careful review and consideration, has determined that the proposed project will not have a significant effect on the environment, has reviewed and considered the information contained in the Mitigated Negative Declaration, and has approved the M -i tigated Negative Declaration as having been completed in compliance with CEQA and the State CEQA Guidelines issued thereunder; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the findings contained in the staff report dated August 29, 1985, are hereby adopted, and said report is incorporated herein by reference as though fully set forth. SECTION 2. The City Council hereby conditionally approves Tentative Tract No. TR -3525 and Residential Planned Development Permit No. RPD -941, subject to compliance with all the conditions attached hereto, and does hereby find, determine and resolve that violation of any such conditions shall be grounds for revocation of said permits. SECTION 3. That this resolution shall take effect immediately. -1- SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution. ATTEST: PASSED AND ADOPTED this 16th day of September, 1985. City Clerk 1 -2- i ? IM1 �-- �- Mayor of the City of Moorpark, California CONDITIONS FOR: Tract 3525 APPLICANT: Warmington Homes DATE: June 27, 1985 PAGE: 1 CITY COUNCIL RESOLUTION NO. 85 -224, adopted September 16, 1985 PLANNING DIVISION CONDITIONS: 1. The conditions of approval of this Tentative Maps supersde all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map and all of the provisions of the Subdivision Map Act, City of Moorpark Subdivision Ordinance and adopted City policies apply. 2. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 3. The developer's recordation of this map and /or commencement of construction and /or operations as a result of this map shall be deemed to be acceptance by applicant of all conditions of this map. 4. The development shall be subject to all applicant regula- tions of the Residential Planned Development zone. S. All utilities shall be placed underground. 6. No zoning clearance shall be issued for residential con- struction until the Final Map has been recorded. Prior to construction, a zoning clearance shall be obtained from the Planning Division and a building permit shall be obtained from the Building and Safety Division. 7. Prior to recordation, the developer shall demonstrate by possession of a District Release from the Calleguas Munici- pal Water District that arrangement for payment of the Capital Construction Charge applicable to the proposed sub- division has been made. 8. The Tentative Map shall expire three years from the date of its approval. Failure to record a final map with the Ventura County Recorder prior to expiration of the tentative map shall terminate all proceedings, and any subdivision of the land shall require the filing and processing of a new Tentative Map. 9. Prior to recordation, a Homeowners Association shall be created. Copies of the By -Laws, Covenants, Conditions and Restrictions_ (CC &R's) shall be submitted to the Planning Director- for approval. The purpose of the Homeowners Associations shall be to assure architectural compatibility with any construction and remodeling in the project and to enforce the CC &R's. Revised September 12, 1985 CONDITIONS FOR: Tract 3525 APPLICANT: Warmington Homes DATE: PAGE: 2 CITY COUNCIL RESOLUTION NO. 85 -224, adopted September 16, 1985 10. At the time water service connection is made, cross- connec- tion control devices shall be installed on the water system. 11. Prior to recordation, an Unconditional Availability Letter shall be obtained from County Waterworks District #1 for sewage and water service for each lot created. Said letter shall be filed with the Planning Department. Or if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks Dis- trict, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agree- ment will permit deferral of the unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. 12. The developer shall provide a 20' wide easement from the easterly end of "D" Court to the tract boundary and inter- cepting an existing water district easement. The easement shall be physically separated from Lot 64 by the construc- tion of a slumpstone wall (identical to that proposed along Peach Hill Road North). A similar wall shall be constructed along portions of the easement located within Lots 65, 76, and 77. 13. Prior to recording any abutting unit within Tract 3525, the developer shall submit and obtain approval of a lot line adjustment for Lots 2 -9, identified as Parcel "A" in Tract 3525; shall construct a drain line within the area of lot adjustment; shall install a catch basin and drain line in each abutting single family lot and connect said drain line to the drain line within the area of lot adjustment. The developer shall also define and record a cross lot easement for those lots containing the drain line. 14. That prior to recordation, the pursuant to the City of Moorpa 8279 -4 et seq., for the purpose land dedication for local park ment of park facilities for the division. applicant shall pay all fees rk Municipal Code, Sections of providing fees in lieu of acquisition and /or develop - future residents of the sub- 15. That the grading and wall location within Lot 64 shall be adjusted to improve the usable lot area. 16. That the developer shall construct any necessary drainage facility, including_ brow ditch and slope bench drainage _ channels, with a permanent earth tone color(s) so_ as to > minimize visual impacts. Said color(s) shall be submitted as part of the grading plans and approved by the Planning Director. Revised -Sepfember 12, 1985 CONDITIONS FOR: Tract 3525 APPLICANT: Warmington Homes DATE: PAGE: 3 CITY COUNCIL RESOLUTION NO 85 -224, adopted September 16, 1985 17. That in order to reduce visual impacts, the Developer shall construct all slopes with a "rounded -off" top and toe and shall blend graded slopes in with natural slopes. 18. That the final tract map shall indicate a landscape planting and maintenance easement adjacent and parallel to the northerly boundary of Tierra Rejada Road. The easement shall also include the westerly slope of Lot 56, east slope of Lot 64, and the north slope of Lot 87. The landscape easement is to be maintained by City Assess- ment District No. 84- 19. A slough wall approximately 18" in height shall be con- structed adjacent to back of sidewalk along the southerly right -of -way of Tierra Rejada Road. 20. Where the developer has selectively graded lots and hill- sides and construction of dwelling units upon the graded area is not scheduled for at least 180 days, the developer shall prepare and implement both a hydroseeding and erosion control program. Such program shall be subject to aproval by the City Engineer prior to implementation. 21. The construction of any dwelling units on lots fronting Williams Ranch Road shall be constructed as part of Phase II of the project's construction sequence. Dwellings across from existing single story dwellings on Williams Ranch Road shall be single story. The Planning Commission is to review proposed elevations and footprints for those lots. 22. The developer of Tract 3525 shall install a sprinkler system and landscape the front yards of all lots within the sub- division. Landscaping and irrigation systems shall be com- pleted not less than 60 days after the dwelling units have been occupied. 23. Prior to issuance of a zone clearance, the developer shall submit plot plan indicating the size and mix of residential dwelling units for the Planning Commission's review. FIRE DEPARTMENT CONDITIONS: 24. Access roads shall be installed with an all- weather surface, suitable for access by Fire Department apparatus. 25. The access roads shall be certified by a Registered Civil Engineer- as having an all- weather surface in conformance with Public Works' Standards. This certification shall be submitted to the Ventura County Bureau of Fire Prevention, prior to occupancy. Revised September 12, 1985 CONDITIONS FOR: Tract 3525 DATE: APPLICANT: Warmington Homes PAGE: 4 CITY COUNCIL RESOLUTION NO. 85 -224, adopted September 16, 1985 26. Street signs shall be installed prior to occupancy. 27. Prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for the approval of the location of fire hydrants. Show existing hydrants on plan within 500 feet of the development. 28. A minimum fire flow of 1000 gallons per minute shall be pro- vided at this location. 29. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Ventura County Waterworks Manual. a) Each hydrant shall be a 6 -inch wet barrel design, and shall have one 4 -inch and one 2% -inch outlet. b) The required fire flow shall be achieved at no less than 20 psi residual pressure. c) Fire hydrants shall be spaced 500 feet on center, and so located that no structure will be farther than 250 feet from any one hydrant. d) Fire hydrants shall be located back of sidewalks. (Ref: City of Camarillo Engineering Drawing W -5.) 30. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 31. An approved spark arrester shall be installed on the chimney of any structure (California Administrative Code, Title 24, Section 2 -1217) . 32. Address numbers, stalled prior to the background, Where structure street, larger distinguishable structures are numbers shall be a minimum of 4- inches high, shall be in- occupancy, shall be of contrasting color to and shall be readily visible at night. s are setback more than 150 feet from the numbers will be required so that they are from the street. In the event the not visible from the street, the address posted adjacent to the driveway entrance. 33. Portions of this development may be in a hazardous fire area and those structures shall meet Fire Zone 4 Building Code requirements. 34. That prior to recordation of the final map, street names shall be submitted to the Fire Prevention Bureau for review and approval. Revised September 12, 1985 CONDITIONS FOR: Tract 3525 DATE: APPLICANT: Warmington Homes PAGE: 5 CITY COUNCIL RESOLUTION NO. 85 -224, adopted September 16, 1985 CITY ENGINEER CONDITIONS 35. That prior to recordation of each Phase, the developer shall submit to the City of Moorpark, for review and approval, a grading plan prepared by a Registered Civil Engineer; shall obtain a Grading Permit; and shall past sufficient surety guaranteeing completion. 36. That prior to recordation, the developer shall submit to the City of Moorpark, for review and approval, a Final Geotech- nical Report. The grading plan shall incorporate the recommendations of the approved Geotechnical Report. 37. That prior to recordation, the developer shall submit to the City of Moorpark, for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. 1 38. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, and paving in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as follows: B2 -B Tierra Rejada Road with Class II Bike Lane Parking prohibited on Tierra Rejada Road The south half of Tierra Rejada Road shall be constructed prior to the occupancy of the first dwelling unit. B5 -A "A" Street B5 -B "B" Court, "C" Court, "D" Court, and "F" Court B6 -A Peach Hill Road North - Sidewalks adjacent to curb (112 street section) B -4A Williams Ranch Road shall be constructed per plate B -4A, revision D, modified to have a 3' sidewalk adjacent to the curb, in front of the esixting 6 homes on the south side of the road, with a 5' sidewalk next to the curb in front of the remaining lots on Williams Ranch Road. Street improvements to Williams Ranch Road shall b7e constructed by the developer's of either Tra -cts 3525 or 3019 (whichever tract develops first). Revised September 12, 1985 i CONDITIONS FOR: TRACT 3525 APPLICANT: Warmington Homes DATE: PAGE: 6 CITY COUNCIL RESOLUTION NO 85 -224, adopted September 16, 1985 Street frontage of Assessor's Parcel 507 -152 -050 shall be improved by Warmington Homes. The single family lot shall be maintained free of debris and weeds by Warmington Homes until the lot is developed. 39. That in conjunction with the recordation of the Final Map, the developer shall offer to dedicate on the Final Map to the City of Moorpark, for public use, all the public streets' right -of -way shown on the Final Map and shall offer to dedicate on the Final Map to the City of Moorpark a Pub- lic Service Easement as required. 40. That prior to any work being conducted with the City right - of -way, the developer shall obtain an Encroachment Permit from the appropriate agency. 41. That prior to the issuance of a recordation, the developer shall deposit with the City of Moorpark a contribution for the Moorpark Road /Tierra Rejada Road Improvement Area of Contribution. The actual deposit shall be the then current Moorpark Road /Tierra Rejada Road Improvement Area of Contribution applicable rate at the time the Building Permit is issued. 42. That prior to recordation, the developer shall indicate in writing to the City of Moorpark the disposition of any water wells that may exist within the site. If any wells are pro- posed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372. 43. That prior to the submittal of the Final Map, the developer shall transmit by certified mail a copy of the conditionally approved Tentative Map, together with a copy of Section 66436 of the State Subdivision Map Act, to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. 44. That prior to recordation, the developer shall submit to the City of Moorpark, for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculation-s shall indicate the following conditions before and after development: Revised September 12, 1985 CONDITIONS FOR: Tract 3525 APPLICANT: Warmington Homes DATE: PAGE: 7 CITY COUNCIL RESOLUTION NO. 85 -224, adopted September 16, 1985 Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. 45. That in conjunction with recordation, the developer shall dedicate on the Final Map to the City of Moorpark the access rights adjacent to Tierra Rejada Road and Peach Hill Road North along the entire frontage of the parent parcel except for approved access road(s) as delineated on the approved Tentative Map. 46. That prior to recordation, the developer shall demonstrate feasible access with adequate protection from Q10 storm to the satisfaction of the City of Moorpark. 47. That prior to recordation, the developer shall submit to the City of Moorpark for review and approval, evidence that all the buildable sites in the subdivision will be protected from flooding. 48. That "E" Street be constructed per a modified Ventura County Road Standard Plate B5- showing half the street section plus 12 feet (including sidewalks on easterly side of street). 49. Bus turnouts shall be constructed as indicated on Tract Map and be subject to City Engineer's approval. 50. That street signs, fire hydrants, transformers, or other public utilities are not permitted to be located within the pedestrian sidewalk area. 51. Prior to recordation, the first year's energy charges shall be paid by the developer. Ornamental street lights shall be installed throughout the subdivision. 52. That prior to recordation, the developer shall submit to the City of Moorpark for review and approval, evidence that the CC &R's will include provisions for maintenance of land- scaping and irrigation adjacent to Tierra Rejada Road. 53. If any of the improvements which the subdivider is required to construct or insall is to be constructed or installed upon land in which the subdivider does not have title or in- terest sufficient for such purposes, the subdivider shall do = all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Government Code Section 66457. Revised September 12,1985 1 CONDITIONS FOR: Tract 3525 APPLICANT: Warmington Homes DATE: PAGE: 8 CITY COUNCIL RESOLUTION NO. 85 -224 adopted September 16 1985 a. Notify the City of Moorpark (hereafter "City ") in writing that the subdivider wishes the City of acquire an interest in the land which is sufficient for such purposes as provided in Government Code Section 66462.5; b. Supply the City with (i) a legal description of the in- terest to be acquired, (ii) a map or diagram of the in- terest to be acquired sufficient to satisfy the re- quirements of subdivision (e) of Section 1250.310 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the current fair mar- ket value of the interest to be acquired, and (iv) a current Litigation Guarantee Report; C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the subdivider will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 54. The Developer shall provide drainage facilities along east- erly property lines of Lots 64, 65, and 76. Said drainage facilities shall be private and shall be maintained by Homeowner's Association. 55. That proposed drains in Parcel A shall be a private drain and provisions shall be made for maintenance of drain through a Homeowner's Association. FLOOD CONTROL: 56. The site is subject to acreage assessment fees for Flood Control purposes. Prior to recordation, Ventura County Flood Control acreage assessment fee requirement must be satisfied. SCHOOL DISTRICT 57. Prior to issuance of a building permit for any dwelling unit within Tr. 3525, arrangements shall be made with the Moor- _ park Unified School District for payment of all necessary school facilities fees_ Revised - September 12, 19.85 CONDITIONS FOR: Tract 3525 APPLICANT: Warmington Homes DATE: PAGE: 9 CITY COUNCIL RESOLUTION NO. 85 -224, adopted September 16, 1985 WATERWORKS DISTRICT S8. That prior to recordation, the developer shall submit to the Waterworks District No. 1, for review and approval, improve- ment plans for water service prepared by a Registered Civil Engineer; shall enter into an agreement with the appropriate purveyor to complete the improvements; and shall post sufficient surety guaranteeing construction of the improve- ments. 59. That prior to recordation, the developer shall submit to the Waterworks District No. 1, for review and approval, improve- ment plans for sewer service prepared by a Registered Civil Engineer; shall enter into an agreement with the appropriate purveyor to complete the improvements; and shall post suffi- cient surety guaranteeing construction of the improvements. Revised September 12, 1985 CONDITIONS TO: RPD -941 APPLICANT: Warmington RESOLUTION No.: 85 -224, PAGE: 1 adopted September 16, 1985 1. That the permit is granted for all of the buildings, fences, roadways, landscaping and other features which shall be lo- cated substantially as shown on Exhibit 3, except or unless indicated otherwise herein. 2. That the elevations of all buildings shall be substantially in conformance with the elevation plan labeled Exhibit 4. 3. That any minor changes may be approved by the Planning Director, but any major changes will require the filing of a modification application to be considered by City Council. 4. That the final design of all buildings, walls and fences including materials and colors, is subject to the approval of the Planning Commission. 5. That all requirements of any law or agency of the State, City of Moorpark, and other other governmental entity shall be met. 6. That prior to construction, a Zone Clearance shall be ob- tained from the Planning Division and a Building Permit shall be obtained from the Building and Safety Division. 7. That no Zone Clearance shall be issued for this permit until the final Tract Map No. 3525 has been recorded, except as specified in Condition #28. 8. That unless the use is inaugurated on all phases not later than thirty -six (36) months after the date the permit is granted, this permit shall automatically expire on that date. The Planning Commission may grant one additional 12- month extension for use inauguration provided (a) the appli- cation for extension is made prior to the expiration of the initial thirty -six (36) month period, (b) there have been no change in the approved plans (c) there has been no changes of circumstances which may affect the preservation of the integrity, character, utility or value of the property in the zone and the general area in which the use is proposed to be located or will be detrimental to the public health, safety, or welfare, and (d) the permittee has diligently worked toward the inauguration of use during the initial thirty -six (36) month period. 9. That signs are subject to City of Moorpark Ordinance Code, Article 25, Sign Ordinance. _ l Revised — September 12, 1985 CONDITIONS TO: RPD -941 APPLICANT: Warmington RESOLUTION No.: 85 -224 PAGE: 2 adopted September 16, 1985 10. That a transfer of this permit shall not be effective until the name and address of the transferee and the date when such transfer shall be effective, together with a letter from the new owner certifying agreement to comply with all conditions of the permit, is filed with the Planning Direc- tor. 11. That no construction, alteration, or•use for which this permit is granted shall be commenced or continued unless and until permitee has entered into an agreement with the City of Moorpark to complete all improvements specified in this permit and has posted a bond or other form of financial guarantee in an amount to be determined by the appropriate City of Moorpark agencies, subject to the approval of the Planning Director, to guarantee the completion of said improvements. The posting and acceptance of said bond(s) or other form(s) of financial guarantee shall be a condition precedent to the issuance of any Zone Clearance, Building Permit, or Occupancy Permit pertaining to this Residential Planned Development. 12. That the development is subject to all applicable regula- tions of the "R -P -D" (Residential Planned Development) zone. 13. That, prior to issuance of a Zone Clearance, the developer shall submit three copies of a landscaping and maintenance plan, prepared by a State Licensed Landscape Architect to the Director of Community Development. The purpose of the landscaping plan will be to 1) enhance the quality of the development by landscaping, 2) to control erosion and mitigate the visual impacts of all manmade slopes, three feet or more in height, 3) to improve roadways and parkways and, 4) to assure that drought tolerant plants are utilized in the landscaping of property. Prior to the preparation of the plan, the developer will consult with the Director of Community Development regarding species to be planted and the overall landscape concept to be used. Interior slope landscaping plan is subject to approval by the Director of Community Development. Streetscape plans shall be subject to approval by the Recre- ation and Parks Commission. The applicant shall bear the total cost of such review and - inspections. Revised September,12, 1985 CONDITIONS TO: RPD -941 APPLICANT: Warmington Homes RESOLUTION NO.: 85 -224 PAGE: 3 adopted September 16, 1985 Bonds or other forms of financial guarantee, to insure the implementation of the approved landscaping plan, shall be posted with the Planning Department. Said landscaping shall be completed 30 days following the issuance of the last occupancy permit for a phase. The landscaping plans may also be approved in accordance with said phasing plans. Hydroseeding.of brush cleared areas is subject to standards of the Ventura County Fire Protection District. 14. That all residential units shall be constructed, employing energy saving devices as may be appropriate to the State of the Art. These are to include, but are not limited to, the following: 1) Low flush toilets (not to exceed 3z gallons). 2) Shower controllers. 3) Stoves, ovens and ranges, when gas fueled, shall not + have continuous burning pilot lights. 4) All thermostats connected to the main space heating source to have night setback features. 5) Kitchen ventilation system to have automatic dampers to insure closure when not in use. 6) Solar panel stubouts. 7) Floor plans to demonstrate reservation of space for solar equipment adjacent to furnace. 15. That patio covers and accessory structures shall conform to "R -1" (Single Family) zone setbacks, except as modified by the "Patio Cover Policy" adopted by the City Council on May 15, 1985. 16. That patio covers and accessory buildings shall be reviewed and approved by the Homeowners Association prior to the issuance of a Zone Clearance. 17. That prior to the issuance of a Zone Clearance, the appli- - cant shall file a Minor Modifi - cation- to this permit which - addresses the dwelling footprints and setbacks of all pro- posed dwellings. - Said dwellings shall conform to the plot plan in Exhibit 3. Revi -sed September 12, 1985 1 CONDITIONS TO: RPD -941 APPLICANT: Warmington Homes RESOLUTION NO.: 85 -224 PAGE: 4 adopted September 16, 1985 18. That single cylinder dead bolt locks shall be provided on all houses. 19. That gutters and downspouts shall be provided over all garage doors and front entry ways, and all landscaped areas as well. 20. Prior to obtaining a Zone Clearance for any unit within RPD- 941, the developer shall submit plans indicating location and landscaping of collective mailbox stations. Plans shall be reviewed and approved by the Planning Department. 21. That all lots within the proposed subdivision shall have a minimum useable rear yard area of at least 20 feet. 22. That Lots 1 through 9 shall be physically separated from the adjacent existing single family lots by the construction of a six foot decorative slumpstone wall. Prior to the issuance of a Zone Clearance, a fencing and a wall plan identifying the location of the proposed structure shall be approved by the Planning Commission. 23. Prior to issuance of a zone clearance, the developer shall submit the following: A. A rear and side yard fencing plan identifying the loca- tion and materials to be used (slumpstone, wrought iron, pilaster, etc., but no wood). B. A fencing plan containing a decorative wall combining slumpstone and wrought iron and located along the northerly right -of -way line of Tierra Rejada Road. C. A fencing plan containing a decorative wall combining slumpstone and wrought iron and located along the southerly right -of -way line of Tierra Rejada Road. Fencing plans shall be approved by the Planning Commission. The posting and acceptance of a bond or other form of financial guarantee, in an amount to be determined by the Director of Community Development, to guarantee completeness of fencing no later than 30 days following occupancy of the adjacent dwelling units. 24. Prior to obtaining a Zoning Clearance the Developer shall prepare and submit for approval by the Director of Community Development an accoustical study. The accoustical study shall contain an analysis of the proposed dwelling units indicating specific construction measures to be taken in order to reduce interior noise levels to 45 "dba CNEL. The Revised September 12, 1985 CONDITIONS TO: RPD8 424 APPLICANT: Warmington Homes RESOLUTION NO.: PAGE: 5 adopted September 16, 1985 noise or accoustical analysis is to be based upon the year 2000 traffic volumes projected for Tierra Rejada Road. The recommendations of the study shall be incorporated into the building plans. 2S. A model home complex as a unit within the tract boundaries will be permitted subject to the filing of a minor modifica- tion application. A site plan accompanying the minor modi- fication application should indicate dwellings, sidewalks, landscaping, fencing, patios, directional and advertising signs, parking and lighting. 26. That the undeveloped hillside identified as Parcel C shall remain as open space. Landscaping for erosion control and beautification will be permitted. Structures other than fen- cing will be prohibited. These hillside preservation measures and maintenance responsibilities shall be identi- fied within the Homeowner's Association CC &R's. 27. That Parcel.B of Tract 3525 (RPD 941) shall be designated as private recreation area. The improvements within the pri- vate recreation area shall include the passive improvements illustrated on Exhibit "A" dated September 3, 1985. In addition, the developer shall provide $150,000 for the improvement of public parks and recreational facilities. One -half (112) of said sum shall be payable prior to the issuance of the first Zone Clearance for either planned development permit (RPD 941 or RPD 1021). The remainder of the sum shall be payable with the issuance of the first Zone Clearance within the second phase of either planned develop- ment permit (RPD 941 or RPD 1021). If this condition has not been fulfilled within 36 months, the fee amount shall be reevaluated prior to any extension of the permit. Maintenance of all facilities shall be the responsibility of the Homeowners Association and shall be identified within the CC &R's. The recreation facility shall be improved and available to the residents with the issuance of the 50th Zone Clearance for RPD 1021 or the 87th Zone Change of the combined total of Zone Clearances issued for either or both RPD 941 and 1021. whichever occurs first. 28. That all roofing material shall be of a non -wood roofing. - Revised September 12, 1985 CONDITIONS TO: RPD -941 RESOLUTION NO.: 85 -224, adopted September 16, 1985 SCHOOL DISTRICT APPLICANT: Warmington Homes PAGE: 6 29. Prior to issuance of a Zone Change for any dwelling unit within Tract 3019, arrangements shall be made with the Moor- park Unified School District for payment of all necessary fees. CITY COUNCIL CONDITIONS 30. That prior to issuance of zone clearance, an unconditional will serve letter for water and sewer service shall be obtained from Ventura County Waterworks District No. 1. NOTE: See Condition No. 22 of Tract No. 3525 re: Front Yard Landscaping. Revised September 12, 1985 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 85 -224 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 16th day of September , 19 85 , and that the same was adopted by the following roll call vote: AYES: Councilmembers Weak, Yancy- Sutton, Fegruson, Woolard and Mayor Prieto; NOES: None; I ABSENT: None. WITNESS my hand and the official seal of said City this 16th day of September , 19 85 . City Clerk