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HomeMy WebLinkAboutRES CC 1985 226 1985 0916RESOLUTION NO. 85- 9.9.8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. PD -1010 AND LAND DIVISION LDM -3, ON APPLICATION OF G. H. PALMER & ASSOCIATES WHEREAS, at duly noticed public hearings on May 9, June 13, June 27, July 11, July 25, August 8, August 15 and August 29, 1985, the Moorpark Planning Commission considered the application filed by G. H. Palmer & Associates for approval of Residential Planned Development Permit No. PD -1010 and Land Division LDM -3, to build 400 apartment units on 19.75 acres, including density bonus of 35 %, on property bounded by Los Angeles Avenue ( Highway 118 ) on the north, east of the future extension of Moorpark Avenue, and the Arroyo Simi wash on the south; and WHEREAS, after careful consideration, the Planning Commission took the following action: 1. After review and consideration of the information contained in the environmental impact document filed by the applicant, recommended its certification. 2. Voted to pass the project on to the City Council without a recommendation for either approval or denial, with the consensus of the Commission that the conditions as prepared by staff, dated August 26, 1985, be transmitted to the City Council for review; 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 project will not have a significant effect on the environ- ment and has certified the Final Environmental Impact Report for the development, mitigation measures having been made a Condition of Approval of the project; 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 Residential Planned Development- Permit -No. PD -101U and Land Division LDM -3, subject to compliance with all the-conditions attached hereto, and does Hereby h 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. 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. ,y City Clerk -2- � R ayor of t e ity of Moorpark California CONDITIONS FOR: PLANNED DEVELOPMENT PERMIT 1010 APPLICANT: G.H. Palmer and Associates PLANNING DIVISION CONDITIONS: 1.(a) That a revised exhibit in place of Exhibit "A" (dated 9 -3 -85 ) be submitted specifying 370 units, a minimum of 2.5 parking spaces per unit (including one covered space per unit and one uncovered space for each unit and one -half space per unit designated for guest parking) and all other features as specified in Exhibit "A" (dated 9 -3 -85 ) except that Elevation "C" is to be deleted. Said exhibit to be submitted to the Planning Commission for approval prior to the issuance of a zone clearance. Prior to Planning Commission review, the Parks and Recreation Commission shall make recommendations to the Planning Commission concerning type and location of recreational facilities and open space. 1.(b) Developer shall enter into agreement with City prior to issuance of a zone clearance for the continued provision for a thirty (30) year period one of the following: 1. Not less than 10 percent of the approved dwelling units for lower income households; or 2. Twenty -five percent of the approved dwelling units for persons or families of low or moderate income; or 3. Some combination of 1 and 2, above. Definitions of lower income and low and moderate income are as defined in the Health and Safety Code. 2. That unless the use is inaugurated no later than one (1) year after this permit is granted, this permit shall automatically expire on that date. The Planning Commission may, at their discretion, grant one (1) additional year extension for use inaugration if there have been no changes in the adjacent areas and if the permittee has diligently worked toward inaugration of use during the initial one -year period. t 1 Adopted 9/3/85 3. That no later than ten (10) days after any change of property owner or of lessee(s) or operator(s) of the subject use, there shall be filed with the Director of Community Development the names(s) and address(es) of the new owner(s), lessee(s) or operator(s), together with a letter from any such person(s), acknowledging and agreeing to comply with all conditions of this permit. 4. That the permittee agrees as a condition of issuance and use of this permit to defend at his sole expense any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court cost which the City may be required by court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. 5. That permittee's acceptance of this permit and /or operation under this permit shall be deemed to be acceptance by permittee of all conditions of this permit. 6. That no condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 7. That if any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 8. That the development is subject to all applicable regulations of RPD-15 (Residential Planned Development with an allowed density of 15 du /acre) zone and all agencies of the State of California, County of Ventura, City of Moorpark and any other governmental entities. 9. That any minor changes may be approved by- the Director of Community Development upon the filling of a Minor Modification application, but- any - Major Modification to be considered by the City Council. - 2 Adopted 9/3/85 0 10. That the design, maintenance and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State, County, and City authorities, and all such requirements and enactment shall, by reference, become conditions of this permit. 11. That prior to the issuance of zone clearance, a landscaping and planting plan 0 sets), together with specifications and maintenance program, prepared by a State licensed Landscape Architect, in accordance with County Guidelines for Landscape Plan Check, shall be submitted to the Director of Community Development for approval. The applicant shall bear the total cost of such review and of final installation inspection. The landscaping and planting plan shall be accompanied by a fee specified by the City of Moorpark. All landscaping and planting shall be accomplished and approved prior to the inauguration of use of this permit. 12. That prior to issuance of zone clearance, an unconditional will serve letter for water and sewer service will be obtained from Ventura County Waterworks District. 13. That the final landscape plans shall provide for a 50 percent shade coverage within all parking areas. Shade coverage is described as the maximum mid- day shaded area defined by a selected specimen tree at 50 percent maturity. Landscaping and irrigation shall be provided to the curb. 14. That all turf plantings associated with this project shall be of a drought tolerant low -water using variety. 15. That the final design of site improvements, including materials, colors, and fencing, is subject to the approval of the Planning Commission. 16. That all roof- mounted equipment (vents, stacks, blowers, air - conditioning equipment) shall be enclosed on all four sides by suitable screening or fencing. Said screening material shall be of similar material used in the construction- of the parent building. Prior to the issuance of zone clearance, the final design and location of equipment and screening must be approved by the Planning Commission. 3 Adopted 9 /3/85 17. That signs are subject to the City of Moorpark Ordinance Code, Article 24, Sign Ordinance. A sign permit is required. 18. That at the time water service connection is made, cross - connection control device shall be installed on the water system in accordance with the requirements of the Ventura County Environmental Health Department. 19. That the continued landscape maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the City inspector within 30 days after notification. 20. That prior to issuance of zone clearance, the final design of trash enclosures shall be subject to the approval of the Director of Community Development. Trash disposal areas shall be provided in locations which will not interfere with circulation, parking or access to the building and shall be screened with a (6) foot high, solid wall enclosure. 21. That all utilities shall be underground. 22. That all parking areas and driveways shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, and (or) curbs in parking areas adjacent to landscape areas. 23. That it is the contractor's responsibility to use watering, or other methods as directed by the city to control dust throughout the project. 24. That all windows on the north elevations of buildings facing Los Angeles Avenue, shall be inoperable double sash windows; i.e., two windows separated by a 2.5- to 3 -inch airspace. In one pane, 3/16 -inch glass, and in the other, 1/8 -inch glass should be used. 25. That three - sixteenths (3/16) inch glass or windows, wit#► a sound transmission- — 1 class (STC) rating of 25 or greater, shall be used on the east and west 4 Adopted 9/3/85 elevation of Building 5 (second floor), west elevation of Building 4 (second floor), and west and east elevations of Building 6 (second floor), as shown on Exhibit "A" dated September 3, 1985. The exhibit replacing said Exhibit "A" shall make the same provision. 26. That one - eighth (1/8) inch double strength glass (DSB) shall be used in windows on the west elevation of Buildings 2, 3, 20 through 27, first floor only, as shown on Exhibit "A" dated September 3, 1985. The exhibit replacing said Exhibit "A" shall make the same provision. 27. That all other windows and all other elevations may be standard single strength glass (SSB). 28. That no balconies are allowed on the north, east, and west elevations of buildings fronting Los Angeles Avenue. 29. That the applicant is to be responsible for one -half the cost for design and construction of a pedestrian bridge across the Arroyo Simi. At the City's option, applicant may either provide cash or construct the pedestrian bridge, with a reimbursement agreement for costs in excess of their obligation. Reimbursement to come from adjacent development to the west. If at some time in the future, the City determines that the area of benefit includes properties other than adjacent property, the City will rebate a proportionate share of the costs for the bridge. The location and design of this facility shall be subject to review and approval by the Planning Commission. A bicycle and equestrian trail shall be constructed on top of the levee adjacent to the site. 30. That subject to final approval by the Park and Recreation Commission prior to recordation: a. The developer shall provide at least four "tot lots ", with at least two located on each side of Majestic Drive. b. The developer shall provide at least two barbecue-/picnic areas on each side of Majestic Drive. 5 Adopted 9/3/85 c. The developer shall provide an active play area to adequately accommodate ball playing and similar active use recreational functions. d. The developer shall add an approximate 1,600 square foot recreation building to serve the entire project. Siting of the building should not cause deletion of the currently proposed open space areas, tot lots or pool areas. e. That the developer shall provide two pools north and two pools south of Majestic Drive. All pools are to be a minimum of 20 x 40 feet with spa facilities. At least one pool on each side of Majestic Drive to have a sufficient depth to permit spring board diving. f. That prior to the issuance of a zone clearance for the first building permit, the developer shall satisfy the need for park and recreation facilities generated by this project by the payment of a fee. For purpose of calculating the fee, said fee shall be consistent with the formula set forth in Sections 8297 -4 et seq. of the Moorpark Municipal Code. Payment of a fee pursuant to Section 8297 -4 et seq. of the Moorpark Municipal Code as part of a subdivision encompassed by the Planned Development Permit shall satisfy this condition. Neither the cost for design and construction of the bridge nor the on -site facilities shall be credited to this required fee. 31. That the developer shall provide tennis court and combination basketball/ volleyball court facility in the area of the flood control easement or other area as approved by the Planning Commission. The combination court shall be fenced and lighted. Barbeques and picnic tables shall be provided to complement the active play areas. These facilities shall be shown on the exhibit replacing Exhibit "A" dated September 3, 1985. 32. That the developer shall assure adequate provisions to protect the safety of children by fencing and gating pool areas, and safely buffering any tot lots proposed to be located adjacent to a pool area. Theses areaa-are to be lighted to provide appropriate -security. - — 1 6 - Adopted 9/3/85 33. That the two parcel shall be held in single ownership and at no time shall either parcel be sold, leased or financed separately or apart from the other parcel. 34. That the project shall incorporate meandering sidewalks with heavy landscaping on Los Angeles Avenue to soften the view of the project. 35. That the developer shall provide funds for a school crossing guard for five years and provide written evidence between the developer and the school district that illustrates the deposit of funds with the first building permit. 36. That 40 to 50 cubic foot storage lockers are to be provided in carports or garages or attached to the exterior of each unit. 37. That the developer shall provide solar heating for all spas. 38. That irrigation shall be regulated so as not to occur at times of high evaporation; i.e., during high winds or extreme high heat. 39. That the developer shall provide low -flush toilets as required by Section 17921.3 of the Health and Safety Code. 40. That the developer shall provide low -flow showers and faucets as required by California Administrative Code, Title 24, Part 6, Article 1, T20- 1406F. 41. That the developer shall insulate hot water lines in water recirculating systems as required by the California Energy Commission regulations. 42. That the developer shall provide gutters and downspouts for all covered entryways and covered garages. 43. Street improvements shall include a meandering sidewalk subject to the approval of the Director of Community Development. - 7 Adopted 9/3/85 1 CITY ENGINEER CONDITIONS: 44. That in conjunction with issuance of zone clearance, the developer shall offer to dedicate to the City of Moorpark for public use, all the public streets right - of -way shown on the LDM -3. Said dedication shall also include an additional 9-foot easement south of the existing southerly right -of -way for street and highway purposes. 45. That prior to issuance of zone clearance, 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. 46. That in conjunction with zone clearance, the developer shall offer to dedicate to the City of Moorpark access easements over all private streets shown on LDM -3 to provide access for all governmental agencies providing the public safety, health and welfare. 47. That the improvements shall include concrete curb and gutter, sidewalk, streetlights, striping and signing, and paving in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as follows: - Moorpark Avenue shall be constructed to include (from east to west) a 10 -foot parkway with a 5 -foot sidewalk, a 4 -foot bike lane, an 8 -foot parking lane, a 12 -foot travel lane (northbound), a 12 -foot painted median lane, a 12 -foot travel lane (southbound), a 4 -foot bike lane, an 8 -foot parking lane, and a 10 -foot parkway with a 5 -foot sidewalk. Developer shall be required to build the full improvements east of the centerline plus 6 feet west of the centerline, as shown on Exhibit "B" dated September 3, 1985. The northernmost driveway along Moorpark Avenue shall be located a minimum of 200 feet from beginning of curb radius of Moorpark Avenue and Los Angeles Avenue (to provide for adequate right turn storage). - 8 Adopted 9/3/85 - Los Angeles Avenue shall be per plate B-2A, revision E, which shall include full improvements for the southern one -half (591) of the road. Also, beginning at northerly right -of -way, 8 ft. of sidewalk, curb, gutter, and any additional paving needed to join existing paving shall be constructed on the north side of Los Angeles Avenue from Moorpark Avenue to Flory Avenue. Majestic Drive shall be per plate B-3C, revision D. All driveways entering off of public streets shall be per plate E -1, revision B, modified to include 10' radius curb returns and be 25 feet wide. Developer shall provide to the City of Moorpark an easement of sufficient width such that all meandering sidewalks will be within the City right -of -way. 48. That prior to any work being conducted within the State or City right of way, the developer shall obtain an Encroachment Permit from the appropriate Agency. 49. That in conjunction with zone clearance, the developer shall dedicate to the City of Moorpark the access rights adjacent to Moorpark Avenue, Los Angeles Avenue, and Majestic Drive along the entire frontage of the project except for approved access road(s) as delineated on the approved site plan. 50. That prior to issuance of zone clearance, the developer shall demonstrate feasible access with adequate protection from a 100 year frequency storm to the satisfaction of the City of Moorpark. 51. That in conjunction with issuance of zone clearance, the developer shall delineate on the site plan areas subject to flooding as a "Flowage Easement" and then offer the easement for dedication to the City of Moorpark. Lot to lot drainage easements, flood hazard areas and secondary_.drainage.easements -- shall also be delineated on the site plan. - 9 - Adopted 9/3/85 52. That prior to issuance of zone clearance, 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 improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. 53. That prior to issuance of zone clearance, 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. 54. That prior to issuance of zone clearance, the developer shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. 55. That prior to issuance of zone clearance, 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 post a bond sufficient to guarantee completion. 56. That prior to issuance of zone clearance, the developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Report. The grading plan shall incorporate the recommendations of the approved Geotechnical Report. 57. That prior to issuance of zone clearance, the developer shall deposit with the City of Moorpark a contribution for the Los Angeles Avenue Improvement Area of Contribution. 58. That the final project design shall include a bus bay on Los Angeles Avenue with -a lighted bus passenger shelter. The bus bay on Los Angeles- Avenue shall — include the following: (1) transition into the bay shall be a minimum of 90 1 feet long; (2) the bay itself shall be a minimum of 60 feet long; and (3) the 10 Adopted 9/3/85 N transition out of the bay shall be a minimum of 60 feet long. The bus bay shall have a width of 10 feet. 59. That the developer shall modify existing signal equipment at the intersection of Los Angeles Avenue and Moorpark Avenue (i.e., provide signal faces for the new south leg, modify existing signal controller to provide northbound phasing, install "ped heads ", push buttons and crosswalk across south leg of intersection). 60. That the developer shall construct a wall along Los Angeles Avenue at the northern boundary of the site to deter school children from attempting mid - block street crossings subject to approval by the City Engineer. 61. That all building plans shall be submitted to the Southern California Gas Company and Southern California Edison Company for review in order to assure the provision of adequate on -and off -site facilities to serve the project. 62. That prior. to the submittal of the Parcel Map whereon dedications are required to be offered, the develper 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. 63. That if any of the improvements which the developer is required to construct or install is to be constructed or installed upon land in which the subdivider does not have title or interest 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. a. Notify the City of Moorpark (hereafter "City ") in writing that the subdivider wishes the City to acquire an interest in the land which is sufficient for such purposes as provided in Government Code Section 66462.5; — 11 Adopted 9/3/85 b. Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the current fair market value of the interest to be acquired, and (iv) a current Litigation Guaranteee 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 costs (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 64. That prior to issuance of zone clearance, the developer shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water wells that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372. VENTURA COUNTY PUBLIC WORKS AGENCY WATERWORKS AND SANITATION CONDITIONS: 65. That prior to issuance of zone clearance, details and engineering calculations showing that water and sewer system connections are adequate to meet minimum standards, including contributing areas of sewer service, shall be approved by the District. 66. That the developer shall pay a development fee per unit prior to the zone clearance to offset impacts to the Ventura County Waterworks District. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS: 67. That the-developer/owner and successors agree to participate in the future formation of an assessment district for construction -of the Arroyo Siml to the specifications called for in the Ventura County Flood Control District Master Plan. 12 Adopted 9/3/85 COUNTY FIRE DEPARTMENT CONDITONS: 68. That 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 300 feet of the development. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Ventura County Water Works Manual. 69. That access for fire equipment shall be maintained during construction. 70. That fire lanes shall be posted as required by the fire department and maintained by the property owner. A plan showing "No Parking" areas shall be submitted to the fire department for approval prior to zone clearance. 71. That access roads shall be installed with an all- weather surface, suitable for access by fire department apparatus. 1 72. That all drives shall have a minimum vertical clearance of 13 feet, 6 inches. 73. That approved turn - around areas for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 74. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Ventura County Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch and two 2 1/2 inch outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. c. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be recessed in from curb face 24 inches at center. 13 Adopted 9/33 5 75. That the minimum fire flow required is determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the I.S.O. Guide for Determining Required Fire Flow. The applicant shall verify that the water purveyor can provide the required quantity at the project. 76. That 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. 77. That a plan shall be submitted to the Ventura County Bureau of Fire Prevention for review indicating the method in which buildings are to be identified by address numbers. 78. That street signs shall be installed prior to occupancy. Prior to recordation of street names, names shall be submitted to the Bureau of Fire Prevention for review. 1 79. That fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet #10. The placement of extinguishers shall be reviewed by the Fire Prevention for review. 80. That any structure greater than 5,000 square feet in area shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #14. 81. That all buildings shall be divided into sets of dwelling units no more than 5,000 square feet in a manner consistent with Ventura County Ordinance #14. COUNTY SHERIFF DEPARTMENT CONDITIONS: 82. That the developer shall either provide an on -site security guard or construct a temporary six foot high chain link fence around the perimeter of the site during construction. 83. That the parking lot lighting shall provide an average of one foot - candle of light at ground level and shall be designed to minimize spillage onto adjacent 14 Adopted 9/3/85 properties. Walkway, aisle, stair, and passageway lighting shall provide an average of .25 foot - candle of light at ground level. 84. That lighting shall be of a safe and sturdy construction and elevation. 85. That lighting plans showing type and location of all lighting devices shall be submitted to the sheriff's department for review and approval prior to the issuance of zone clearance. 86. That landscaping shall not cover exterior doors or windows, block line -of -sight at intersection, or screen overhead lighting. 87. That landscaping plans shall be submitted to the sheriff's department for review and approval. 88. That address numbers shall be clearly visible, of a minimum six -inch height, illuminated at night, and mounted against contrasting color so that emergency vehicles can easily see them. Where structures are setback more than 250 1 feet from the street, larger numbers will be required so that they are distinguishable from the street; the address number(s) shall be posted adjacent to the driveway entrance. 89. That directory boards, indicating locations of the various buildings and individual units, shall be provided at each entrance to the complex and shall be lighted during the night. 90. That any landscaping done near or around the individual units shall be done in such a manner so as not to conceal any front door or window. 91. That all exterior doors shall be of a solid core construction with a minimum thickness of one and three - quarters (1 3/4) inches, or with panels not less than nine - sixteenths (9/16) inch thick. All exterior doors shall be constructed with a minimum one -inch deadbolt lock. 92. That alb exterior sliding glass doors shall be equipped with a metal guide track at the top and bottom and a cylinder lock with a hardened steel shackle which 15 Adopted 9/3/85 locks at both heel and toe. The bottom track shall be designed so that the door cannot be lifted from the track when the door is in a locked or closed position. 93. That the developer shall provide a six foot high concrete block wall along the east side of the complex. MOORPARK UNIFIED SCHOOL DTSTRTC.T C'0NTITTT0NS- 94. That the developer shall pay a development fee per unit to the Moorpark Unified School District prior to the issuance of zone clearance. 16 Adopted 9/3/85 0 i L os A n�ele.s 1Y � I I Q 9 I i I I II I I I1 i A ve.nUE /King L 6n e EXHIBIT B CONDITIONS FOR: APPLICANT: PLANNING DIVISION CONDITIONS: PARCEL MAP LDM -3 G.H. Palmer and Associates 1. That the parcel map is granted for the land and project as described in the application and shown on Exhibit "A" dated September 3, 1985. 2. That unless the use is inaugurated not later than one (1) year after this parcel map is granted, this parcel map shall automatically expire on that date. The Planning Commission may, at their discretion, grant one (1) additional year extension for use inauguration if there have been no changes in the adjacent areas and if the applicant has diligently worked toward inauguration of use during the initial one year period. 3. That no later than ten (10) days after any change of property owner or of lessee(s) or operator(s) of the subject use, there shall be filed with the Director of Community Development the names(s) and address(es) of the new owner(s), lessee(s) or operator(s), together with a letter from any such person(s), acknowledging and agreeing to comply with all conditions of this parcel map. 4. That the applicant agrees as a condition of issuance and use of this parcel map to defend at his sole expense any action brought against the City because of Issuance (or renewal) of this parcel map or in the alternative to relinquish this parcel map. Applicant will reimburse the City for any court cost which the City may be required by court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve applicant of his obligation under this condition. - - _ 5. That applicant's acceptance of this parcel map and/or operation under this lparcel map shall be deemed to be acceptance by permittee of all condition of - this parcel map. 1 Adopted 9/3/85 6. That no condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 7. That if any of the conditions or limitations of this parcel map are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 8. That the development is subject to all applicable regulations of RPD-15 (Residential Planned Development with an allowed density of 15 du/acre) zone and all agencies of the State of California, County of Ventura, City of Moorpark and any other governmental entities. 9. That any minor changes may be approved by the Director of Community Development upon the filing of a Minor Modification application, but any Major Modification to be considered by the City Council. 10. That the design, maintenance and operation of the parcel map area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State, County, and City authorities, and all such requirements and enactment shall, by reference, become conditions of this parcel map. 11. That prior to recordation, a landscaping and planting plan (3 sets), together with *pecifications and maintenance program, prepared by a State licensed Landscape Architect, in accordance with County Guidelines for Landscape Plan Check, shall be submitted to the Director of Community Development for approval. The applicant shall bear the total cost of such review and of final installation inspection. The landscaping and planting plan shall be accompanied by a fee specified by the City of Moorpark. All landscaping and planting shall be accomplished and approved prior to the inauguration of use of this parcel map. 12. That prior to recordation, an unconditional availability letter shall be obtained from Ventura County Waterworks District II for sewage and water service for 2 Adopted 9/3/85 each lot created. Said letter shall be filed with the Planning Department; or if said unconditional availabilty letter, in a form satisfactory to the city, cannot be obtained from the County Waterworks District, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the city. Said agreement will permit deferral of the unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. 13. That the final landscape plans shall provide for a 50 percent shade coverage within all parking areas. Shade coverage is described as the maximum mid- day shaded area defined by a selected specimen tree at 50 percent maturity. Landscaping and irrigation shall be provided to the curb. 14. That all turf plantings associated with this project shall be of a drought tolerant low -water using variety. 15. That the final design of site improvements, including materials, colors, and fencing, is subject to the approval of the Planning Commission. 16. That all roof- mounted equipment (vents, stacks, blowers, air - conditioning equipment) shall be enclosed on all four sides by suitable screening or fencing. Said screening material shall be of similar material used in the construction of the parent building. Prior to recordation, the final design and location of equipment and screening must be approved by the Planning Commission. 17. That signs are subject to the City of Moorpark Ordinance Code, Article 24, Sign Ordinance. A sign permit is required. 18. That at the time water service connection is made, Bross- connection control device shall be installed on the water system in accordance with the requirements of the Ventura County Environmental Health Department. - 19. That the continued _landscape . maintenance of the pared map area and 1 facilities shall be subject to periodic Inspection by the City. The applicant - shall be required to remedy any defects in ground maintenance, as indicated by the City inspector within 30 days after notification. 3 Adopted 941-65 20. That prior to recordation, the final design of said trash enclosure shall be subject to the approval of the Director of Community Development. Trash disposal areas shall be provided in locations which will not interfere with circulation, parking or access to the building and shall be screened with a (6) foot high, solid wall enclosure. 21. That all utilities shall be underground. 22. That all parking areas and driveways shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, and (or) curbs in parking areas adjacent to landscape areas. 23. That it is the contractor's responsibility to use watering, or other methods as directed by the city to control dust throughout the project. 24. That all windows on the north elevations of buildings facing Los Angeles Avenue, shall be inoperable double sash windows; i.e., two windows separated by a 2.5- to 3 -inch airspace. In one pane, 3/16 -inch glass, and in the other, 1/8 -inch glass should be used. 25. That three - sixteenths (3/16) inch glass or windows, with a sound transmission class (STC) rating of 25 or greater, shall be used on the east and west elevation of Building 5 (second floor), west elevation of Building 4 (second floor), and west and east elevations of Building 6 (second floor), as shown on Exhibit "A" dated September 3, 1985. The exhibit replacing said Exhibit "A" shall make the same provision. 26. That one- eighth (1/8) inch double strength glass (DOB) shall be used in windows on the west elevation of Buildings 2, 3, 20 through 27, first floor only, as shown on Exhibit "A" dated September 3, 1985. The exhibit replacing said Exhibit "A" shall make the same provision. l� 27. That all other windows and all other elevations may be- standard single strength glass (SSB). 4 Adopted 9/8/85 28. That no balconies are allowed on the north, east, and west elevations of buildings fronting Los Angeles Avenue. 29. That the applicant is to be responsible for one -half the cost for design and construction of a pedestrian bridge across the Arroyo Simi. At the City's option, applicant may either provide cash or construct the pedestrian bridge, with a reimbursement agreement for costs in excess of their obligation. Reimbursement to come from adjacent development to the west. If at some time in the future the city determines that the area of benefit includes properties other than adjacent property, the City will rebate a proportionate share of the costs for the bridge. The location and design of this facility shall be subject to review and approval by the Planning Commission. A bicycle and equestrian trail shall be constructed on top of the levee adjacent to the site. 30. That subject to final approval by the Park and Recreation Commission prior to recordation: a. The developer shall provide at least four "tot lots ", with at least two located on each side of Majestic Drive. b. The developer shall provide barbecue /picnic areas at all pool areas. c. The developer shall provide an active play area to adequately accommodate bell playing and similar active use recreational functions. d. The developer shall add an approximate 1,600 square foot recreation building to serve the entire project. Siting of the building should not cause deletion of the currently proposed open space areas, tot lots or pool areas. e. That the developer shall provide two pools north and two pools south of Majestic Drive. All pools are to be a minimum of 20 x 40 feet with spa facilities. At least one pool on each side of Majestic Drive to have a sufficient depth to permit spring board diving. 1 5 Adopted 9/3/65 f. That prior to recordation, the applicant shall pay all fees pursuant to the City of Moorpark Municipal Code, Sections 8279 -4 et seq., for the purpose of providing fees in lieu of land dedication for local park acquisition and /or development of park facilities for the future residents of the subdivision. Neither the cost for design and construction of the pedestrian bridge over Arroyo Simi nor the on -site facilities shall be credited to this required fee. 31. That the developer shall provide a tennis court and combination basketball/ volleyball court facility in the area of the flood control easement or other area as approved by the Planning Commission. Both courts shall be fenced and lighted. Barbeques and picnic tables shall be provided to compliment the active play areas. 32. That the developer shall assure adequate provisions to protect the safety of children by fencing and gating pool areas, and safely buffering any tot lots proposed to be located adjacent to a pool area. These areas are to be lighted to provide appropriate security. 33. That the two parcels shall be held in single ownership and at no time shall either parcel be sold, leased, or financed separately or apart from the other parcel. 34. That the project shall incorporate meandering sidewalks with heavy landscaping on Los Angeles Avenue to soften the view of the project. 35. That the developer shall provide funds for a school crossing guard for five years and provide written evidence between the developer and the school district that illustrates the deposit of funds with the first building permit. 36. That 40 to 50 cubic foot storage lockers are to be provided in earports or garages or attached to the exterior of each unit. 37. That the developer shall provide solar heating for all spas. 38. That irrigation shall be regulated -so as not to occur at times of high evaporation; i.e., during high winds or extreme high heat. 6 Adopted 9/3/85 1 39. That the developer shall provide low - flush toilets as required by Section 17921.3 of the Health and Safety Code. 40. That the developer shall provide low -flow showers and faucets as required by California Administrative Code, Title 24, Part 6, Article 1, T20- 1406F. 41. That the developer shall insulate hot water lines in water recirculating systems as required by the California Energy Commission regulations. 42. That the developer shall provide gutters and downspouts for all covered entryways and cover garages. 43. Street improvements shall include a meandering sidewalk subject to the approval of the Director of Community Development. CITY ENGINEER CONDITIONS: 44. That in conjunction with recordation, the developer shall offer to dedicate on the Parcel Map to the City of Moorpark for public use, all the public streets right -of -way shown on the Parcel Map. 45. 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. 46. That in conjunction with recordation, the developer shall offer to dedicate on the Parcel Map to the City of Moorpark aeeess ,eaisments over all private streets shown on the Parcel Map to provide access for all governmental agencies providing the public safety, health and welfare. 47. - That the improvements shall include concrete mwb and gutter, sidewalks, streetlights, striping and signing, and paving in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as follows: 7 Adopted 9 /3 /85 - Moorpark Avenue shall be constructed to include (from east to west) a 10 -foot parkway with a 5 -foot sidewalk, a 4 -foot bike lane, an 8 -foot parking lane, a 12 -foot travel lane (northbound), a 12 -foot painted median lane, a 12 -foot travel lane (southbound), a 4 -foot bike lane, an 8 -foot parking lane, and a 10 -foot parkway with a 5 -foot sidewalk. Developer shall be required to build the full improvements east of the centerline plus 6 feet west of the centerline, as shown in Exhibit "B" dated September 3, 1985. The northern most driveway along Moorpark Avenue shall be located a minimum of 200 feet from the beginning of curb radius of Moorpark Avenue and Los Angeles Avenue (to provide for adequate right turn storage). Los Angeles Avenue shall be per plate B-2A, revision E, which shall include full improvements for the southern one -half (591) of the road. Also, beginning at northerly right -of -way, 8 ft. of sidewalk, curb, gutter, and any additional paving needed to join existing paving shall be constructed on 1 the north side of Los Angeles Avenue from Moorpark Avenue to Flory Avenue. - Majestic Drive shall be per plate B-3C, revision D. - All driveways entering off of public streets shall be per plate E -1, revision B, modified to include 10' radius curb returns and be 25 feet wide. - Developer shall dedicate on the map to the City of Moorpark an additional 9 ft. easement south of the existing southerly right -of -way for street and highway purposes. - Developer shall provide to the City of Moorpark an easement of sufficient width such that all meandering sidewalks will be within the City right -of - way. 48. -That prior to any work -being eondueted within the State or City right of way, the developer shall obtain an Encroachment Permit from the appropriate Agency. 8 Adopted 9/3/85 ., 49. That in conjunction with recordation, the developer shall dedicate on the Parcel Map to the City of Moorpark the access rights adjacent to Moorpark Avenue, Los Angeles Avenue, and Majestic Drive along the entire frontage of the parent parcel except for approved access road(s) as delineated on the approved Tentative Maps. 50. That prior to recordation, the developer shall demonstrate feasible access with adequate protection from a 100 year frequency storm to the satisfaction of the City of Moorpark. 51. That in conjunction with recordation, the developer shall delineate on the Parcel Map areas subject to flooding as a "Flowage Easement" and then offer the easement for dedication to the City of Moorpark. Lot to lot drainage easements, flood hazard areas and secondary drainage easements shall also be delineated on the Map. 52. 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 improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. 53. 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. 54. That prior to recordation, the developer shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the - street lights. 9 Adopted 9/3/85 55. That prior to recordation, 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 post a bond sufficient to guarantee completion. 56. That prior to recordation, the developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Report. The grading plan shall incorporate the recommendations of the approved Geotechnical Report. 57. That prior to issuance of a zone clearance, the developer shall deposit with the City of Moorpark a contribution for the Los Angeles Avenue Improvement Area of Contribution. 58. That the final project design shall include a bus bay on Los Angeles Avenue with a lighted bus passenger shelter. The bus bay on Los Angeles Avenue shall include the following: (1) transition into the bay shall be a minimum of 90 feet long; (2) the bay itself shall be a minimum of 60 feet long; and (3) the ti transition out of the bay shall be a minimum of 60 feet long. The bus bay shall have a width of 10 feet. 59. That the developer shall modify existing signal equipment at the intersection of Los Angeles Avenue and Moorpark Avenue (i.e., provide signal faces for the new south leg, modify existing signal controller to provide northbound phasing, install "ped heads ", push buttons and crosswalk across south leg of intersection). 60. That the developer shall construct a wall along Los Angeles Avenue at the northern boundary of the site to deter school children from attempting mid - block street crossings subject to approval by the City Engineer. 61. That all building plans shall be submitted to the Southern California Gas Company and Southern California Edison Company for review in order to assure the provision of adequate on-and off -site faeWties to serve the project. 62. That prior to the submittal of the Parcel Map, whereon dedications are required to be offered, the develper shall transmit by certified mail a copy of 10 Adopted 9/3/85 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. 63. That if any of the improvements which the subdivider is required to construct or install is to be constructed or installed upon land in which the subdivider does not have title or interest 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. a. Notify the City of Moorpark (hereafter "City ") in writing that the subdivider wishes the City to 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 interest to be acquired, 1 (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the current fair market value of the interest to be acquired, and (iv) a current Litigation Guaranteee 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 costs (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 154. That prior to recordation, the developer shall indicate in writing to the City of Moorpark, the disposiion of any water well(s) and any other water wells that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be _destroyed per Ventura County Ordinance No. 2372. 11 Adopted 9/3/85 l VENTURA COUNTY PUBLIC WORKS AGENCY WATERWORKS AND SANITATION CONDITIONS: 65. That prior to recordation, details and engineering calculations showing that water and sewer system connections are adequate to meet minimum standards, including contributing areas of sewer service, shall be approved by the District. 66. That the developer shall pay a development fee per unit prior to the zone clearance to offset impacts to the Ventura County Waterworks District. 12 Adopted 9/3/85 0 VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS: 67. That the developer /owner and successors agree to participate in the future formation of an assessment district for construction of the Arroyo Simi to the specifications called for in the Ventura County Flood Control District Master Plan. COUNTY FIRE DEPARTMENT CONDITONS: 68. That 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 300 feet of the development. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Ventura County Water Works Manual. 69. That access for fire equipment shall be maintained during construction. 70. That fire lanes shall be posted as required by the fire department and maintained by the property owner. A plan showing "No Parking" areas shall be submitted to the fire department for approval prior to zone clearance. 71. That access roads shall be installed with an all- weather surface, suitable for access by fire department apparatus. 72. That all drives shall have a minimum vertical clearance of 13 feet, 6 inches. 73. That approved turn - around areas for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 74. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Ventura County Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch and two 2 1/2 inch outlet(s). 13 Adopted 9/3/85 N b. The required fire flow shall be achieved at no less than 20 psi residual pressure. c. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be recessed in from curb face 24 inches at center. 75. That the minimum fire flow required is determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the I.S.O. Guide for Determining Required Fire Flow. The applicant shall verify that the water purveyor can provide the required quantity at the project. 76. That 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. 77. That a plan shall be submitted to the Ventura County Bureau of Fire Prevention for review indicating the method in which buildings are to be identified by address numbers. 78. That street signs shall be installed prior to occupancy. Prior to recordation of street names, names shall be submitted to the Bureau of Fire Prevention for review. 79. That fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet 810. The placement of extinguishers shall be reviewed by the Fire Prevention for review. 80. That any structure greater than 5,000 square feet in area shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance 814. 81. That all buildings shall be divided into sets of dwelling units no more than 5,000 square feet in a manner consistent with Ventura County Ordinance 814. 14 Adopted 9/3/85 COUNTY SHERIFF DEPARTMENT CONDITIONS: 82. That the developer shall either provide an on -site security guard or construct a temporary six foot high chain link fence around the perimeter of the site during construction. 83. That the parking lot lighting shall provide an average of one foot - candle of light at ground level and shall be designed to minimize spillage onto adjacent properties. Walkway, aisle, stair, and passageway lighting shall provide an average of .25 foot- candle of light at ground level. 84. That lighting shall be of a safe and sturdy construction and elevation. 85. That lighting plans showing type and location of all lighting devices shall be submitted to the sheriff's department for review and approval prior to the issuance of zone clearance. 86. That landscaping shall not cover exterior doors or windows, block line --of -sight at intersection, or screen overhead lighting. 87. That landscaping plans shall be submitted to the sheriff's department for review and approval. 88. That address numbers shall be clearly visible, of a minimum six -inch height, illuminated at night, and mounted against contrasting color so that emergency vehicles can easily see them. Where structures are setback more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street; the address number(s) shall be posted adjacent to the driveway entrance. 89. That directory boards, indicating locations of the various buildings and individual units, shall be provided at each entrance to the complex and shall be lighted during the night. 90. That any landscaping done near or around the individual units shall be done in such a manner so as not to conceal any front door or window. 15 Adopted 9/3/85 It 91. That all exterior doors shall be of a solid core construction with a minimum thickness of one and three - quarters (1 3/4) inches, or with panels not less than nine- sixteenths (9/16) inch thick. All exterior doors shall be constructed with a minimum one -inch deadbolt lock. 92. That all exterior sliding glass doors shall be equipped with a metal guide track at the top and bottom and a cylinder lock with a hardened steel shackle which locks at both heel and toe. The bottom track shall be designed so that the door cannot be lifted from the track when the door is in a locked or closed position. 93. That the developer shall provide a six foot high concrete block wall along the east side of the complex. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS: 94. That the developer shall pay a development fee per unit to the Moorpark Unified School District prior to the recordation. 16 Adopted 9/3/85 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 -226 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 Yancy- Sutton, Weak, Ferguson, Woolard and Mayor Prieto; NOES: None; ABSENT: None. l WITNESS my hand and the official seal of said City this 16th day of September , 1985 City Clerk i V