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HomeMy WebLinkAboutRES CC 1985 239 1985 1021RESOLUTION NO. 85-239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT NO. TR -4095 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -1046, ON APPLICATION OF DAN OLIVER. WHEREAS, at a duly noticed public hearing on September 12, 1985, the Moorpark Planning Commission considered the application of Dan Oliver for approval of Tentative Tract No. TR -4095 for a one -lot sub- division in order to establish a condominium complex, and a companion Residential Planned Development Permit No. RPD -1046, for a 30 unit residen- tial complex with 60 covered and 23 uncovered parking spaces, within said City; and WHEREAS, after careful consideration, the Planning Commission reached its decision in the matter and recommended denial of the project (Tentative Tract No. Tr -4095 and Residential Planned Development Permit No. RPD- 1046); 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 Negative Declaration, and has approved the Negative Declaration as having been completed in compliance with cega and the State CEQA Guidelines issued thereunder; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVED AS FOLLOWS: SECTION 1. That the findings contained in the staff report dated September 12, 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 -4095 and Residential Planned Development Permit No. RPD -1046, 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 rake effect immediately. -1- SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution. PASSED AND ADOPTED this 21st day of October, 1985. Mayor of the Cit7 o Moorpark, California ATTEST: City Clerk - -2- _ 1 3 CONDITIONS FOR: Tract 4095 DATE: October 7, 1985 APPLICANT: Dan Oliver Page 1 City Council Resolution No. 85 -239, adopted October 21, 1985 PLANNING DIVISION CONDITIONS: 1. The conditions of approval of this Tentative Map supersedes 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 regulations of the Residential Planned Development Zone. 5. All utilities shall be placed underground. 6. No zoning clearance shall be issued for residential construction 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. R2lease from the Calleguas Municipal Water District that arrangement for payment of the Capital Construction Charge applicable to the proposed subdivision 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 (CC7R's) shall be submitted to the Director of Comminity Development approval. The purpose of the Homeowners Assodiations shall be to assure architectural compatibility with any-construction and remodeling in the project and to enforce the CC &R's- 10. At the time water service connection is made, cross - connection control devices shall be installed on the water system. CONDITIONS FOR: Tract 4095 APPLICANT: Dan Oliver DATE: October 7, 1985 Page 2 City Council Resolution No. 85 -239, adopted October 21, 1985 PLANNING DIVISION CONDITIONS Cont.) 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 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 sub- division. 12. That prior to recordation, the applicant shall pay all fees pursuant to the City of Moorpark Municipal Code, Sections 8279 -4 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. FIRE DEPARTMENT CONDITIONS: 13. Any gates, to control vehicle access, are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. If applicable, it is recommended that the gate(s) swing in both directions. The method of gate control shall be subject to review by the Bureau of Fire Prevention. 14. 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. 15. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. a. Each hydrant shall be a 6 -inch wet barrel design and shall have one 4 -inch and one 21-inch outlet. 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 24 inch on center, recessed-in from the curb face. — 1 -6. That the minimum fire flow required shall -be determined by the type of building construction, fire walls, and fire protection devices provided, as specified by the I.S.O. Guide for Determining Required Fire Flow. (1750 G.P.M.) 17. That a minimum individdal hydrant flow of 1250 gallons per minute shall be provided at this location. CONDITIONS FOR: Tract 4095 DATE: October 7, 1985 APPLICANT: Dan Oliver Page 3 City Council Resolution No. 85 -239, adopted October 21, 1985 FIRE DEPARTMENT CONDITIONS (cont.) 18. 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. 19. That an approved spark arrester shall be installed on the chimney of any structure (Uniform Fire Code - Article 11 - Section 11.111) 20. That address numbers, a minimum of 4- inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 21. 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. 22. That any structure greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance No. 14, and /or two -hour fire wall as approved by the Fire Department. 23. That roofing material shall be any fire retardant roofing as defined by the Uniform Building Code. CITY ENGINEER CONDITIONS 24. 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 sufficient surety guaranteeing completion. 25. That prior to recordation, the developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Report prepared by a Registered Civil Engineer. The grading plan shall incorporate the recommendations of the approved Geotechnical Report. 26. 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 improvemen-ts; and shall post sufficient surety guaranteeing the construction of E-Ee improve- - ments. - 27. The improvements shall include concrete curb, gutter, and paving in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as fol-lows: CONDITIONS FOR: Tract 4095 DATE: October 7, 1985 APPLICANT: Dan Oliver Page 4 City Council Resolution No. 85 -239, adopted October 21, 1985 CITY ENGINEER CONDITIONS (cont.) 27. Continued. Driveways shall be 25 feet wide per plate E -1. 28. That prior to any work being conducted within the State or City right of way, the developer shall obtain and Encroachment Permit from the appropriate Agency. 29. That in conjunction with recordation, the developer shall dedicate on the Final Map to the City of Moorpark the access rights adjacent to Los Angeles Avenue and Moorpark Road, along the entire frontage of the parent parcel, except for approved access road(s) as delineated on approved Tentative Map. 30. That prior to recordation, the developer shall demonstrate feasible access with adequate protection from Q10 storm to the satisfaction of the City of Moorpark. 31. That prior to-recordation, the developer shall deposit with the City of Moorpark a contribution for the Los Angeles Avenue Improve- ment Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Improvement Area of Contribution applicable rate at the time the Building Permit is issued. 32. That prior-to recordation, the developer shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water well(s) that may exist within the site. If any well(s) 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. 33. That prior to the submittal of the transmit by certified mail a copy Tentative Map together with a copy Subdivision Map Act to each public is an easement holder of record. submitted to the City of Moorpark. final Map, the developer shall of the conditionally approved of Section 66436 of the State entity or public utility hat Written compliance shall be 34. 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. -Registe -red_ Ci_iil- 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. _.... _. 1 CONDITIONS FOR: Tract 4095 APPLICANT: Dan Oliver DATE: October 7, 1985 Page 5 City Council Resolution No. 85 -239, adopted October 21, 1985 CITY ENGINEER CONDITIONS (cont.) 34. Continued. Quantities of water, water flow rates, major water courses, drainage area and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. 35. That prior to recordaion, 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. 36. 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 slopes, including landscaping and maintenance of same. 37. Developer shall pay all energy costs associated with any new street lighting for a period of one year from the initial energizing of the street lights. SCHOOL DISTRICT CONDITIONS 38. Prior to issuance of a Zone Clearance for any dwelling unit within PD -1046, arrangements shall be made with the Moorpark Unified School District for payment of all necessary fees. CONDITIONS FOR: PD -1046 APPLICANT: Dan Oliver DATE: October 7, 1985 Page 1 City Council Resolution No. 85 -239, adopted October 21, 1985 CONSTRUCTION SITE SECURITY 1. A licensed security guard is recommended during the construction phase. 2. Construction equipment, tools, etc., shall be properly secured during non - working hours. 3. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured prior to installation during non- working hours. All serial numbers will be recorded for identifi- cation purposes. LANDSCAPING 4. Landscaping shall not cover any exterior door or window. 5. Landscaping at entrances /exits or at any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 6. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. LIGHTING 7. Parking lots shall be well lighted with a minimum maintained one -foot candle of light at ground level. 8. Lighting devices shall be protected against the elements and constructed of vandal- resistant materials. 9. Lighting devices shall be high enough as to eliminate anyone on the ground from tampering with them. 10. Lighting plans showing type and location of all lighting devices shall be submitted to the Sheriff's Department for review and approval. BUILDING DESIGN 11. All exterior doors shall be constructed of solid wood core minimum of 1 -3/4' thick. 12. Doors utilizing a single- dead -bolt shall have a -minimum five (5) - pintumbler operation with the locking bar or bolt -e xtLnding into the receiving guide a minimum of one inch. - 1 CONDITIONS FOR: PD -1046 APPLICANT: DAN OLIVER DATE: October 7, 1985 Page 2 City Council Resolution No. 85- 239 adopted October 21 1985 BUILDING DESIGN (cont.) 13. All exterior sliding glass doors or windows will be equipped with metal guide tracks at the top and bottom and be constructed so that the window cannot be lifted from the track when in the closed or locked position. PLANNING DIVISION CONDITIONS 14. That the permit is granted for all of the buildings, fences, roadways, landscaping and other features which shall be located substantially as shown on Exhibit "3 ", except or unless indicated otherwise herein. 15. That a revised exhibit in place of Exhibit "3" (dated November 16, 1984) be submitted, specifying no more than 27 units, with two garages per unit, with all of said garages being attached to the buildings containing the units, and the addition of a minimum of 4,500 square feet of open area and providing a portion thereof for a tot lot. Said Exhibit to be sub- mitted to the Planning Commission for approval prior to the issuance of a zone clearance., plus 21 guest parking spaces on the site (314 space per unit) . 16. That the elevations of all buildings shall be substantially in conformance with the elevation plan labeled Exhibit "4 ". 17. That any minor changes may be approved by the Director of Community Development, but any major changes will require the filing of a modification application to be considered by City Council. 18. That all requirements of any law or agency of the State, City of Moorphrk, and any other governmental entity shall be met. 19. That prior to construction, a Zone Clearance shall be obtained from the Planning Department and a Building Permit shall be obtained from the Building and Safety Division. 20. That no Zone Clearance shall be issued for this permit until the final Tract Map No. 4095 has been recorded. 21. That unless the use is inauguarated 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 application for extension is made prior to the expiration of the initial thirty -six (36) month period, _(b) there has been no change in the approved plans, ic) there has been no change of circumstances -which may- of €ect the preservatio: of the integrity, charact]6r, 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, 1 CONDITIONS FOR: PD -1046 DATE: October 7, 1985 APPLICANT: Dan Oliver Page 3 City Council Resolution No. 85 -239, adopted October 21, 1985 PLANNING DIVISION CONDITIONS (cont.) 21. Continued. or welfare, and (d) the permittee has diligently worked toward the inauguration of use during the initial thirty -six (36) month period. 22. That signs are subject to City of Moorpark Ordinance Code, Article 25, Sign Ordinance. 23. 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 Director of Community Development. 24. That prior to the issuance of a Zone Clearance, a landscaping and planting plan (3 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 and the Planning Commission 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. 25. That no construction, alteration, or use for which this permit is granted shall be commenced or continued unless and until permittee 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 Director of Community Development, to guarantee the completion of the improvements. The guarantee shall be a condition precedent to the issuance of any Zone Clearance, Building Permit, or Occupancy Permit pertaining to this Residential Planned Development. 26. That the development is subject to all applicable regulations of the "R -P -D" (Residential Planned Development) Zone. 27. 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 3� gallons)_ — 1 (2) Shower controllers. l CONDITIONS FOR: PD -1046 DATE: October 7, 1985 APPLICANT: Dan Oliver Page 4 City Council Resolution No. 85 -239, adopted October 21, 1985 PLANNING DIVISION CONDITIONS (cont.) 27. Continued. (3) Stoves, ovens and ranges, when gas fueled, shall not have continuous burning pilot lights. (4) All thermostats connected to the main space hearing 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. 28. that prior to the issuance of a Zone Clearance, the applicant shall submit evidence which addresses the dwelling footprints and setbacks of all proposed dwellings. Said dwellings shall conform to the plot plan in Exhibit "3 ". 29. That single cylinder dead bolt locks shall be provided on all residences. 30. that gutters and downspouts shall be provided over all garage doors and front entry ways, and all landscaped areas as well. 31. Prior to obtaining a Zone Clearance for any unit within PD -1046 the developer shall submit plans indicating location and landscaping of collective mailbox station. Plans shall be reviewed and approved by the Planning Department. 32. Prior to issuance of a Zone Clearance, the developer shall submit a fencing plan containing a decorative wall of two feet of slumpstone topped with wrought iron along the sides of the project bordering Los Angeles Avenue and Moorpark Road, for approval by the Community Development Department. 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 unit. - - 33. Prior to obtaining a Zone Clearance the Developer shall-prepare and submit an accoustical study for approval by the Director of Community Development. The accoustical study shall contain an analysis of the proposed dwelling units, indicating specific CONDITIONS FOR: PD -1046 DATE: October 7, 1985 APPLICANT: Dan Oliver Page 5 City Council Resolution No. 85 -239, adopted October 21, 1985 PLANNING DIVISION CONDITIONS (cont.) 33. Continued. construction measures to be taken in order to reduce interior noise levels to 45 dba CNEL. The noise or accoustical analysis is to be based upon the year 2000 traffic volumes projected for Los Angeles Avenue. The recommendations of the study shall be incorporated into the building plan. 34. The improvements within the private recreation area shall include a spa, sunbathing /play area, tot lot, and on -site parking on the east side of the project. Maintenance of all facilities shall be the responsibility of the Homeowner's Association and shall be identified within the CC &R's. 35. That all roofing material shall be of non -wood roofing. 1 36. 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 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 satsify this condition. SCHOOL DISTRICT CONDITIONS 37. Prior to issuance of a Zone Clearance for any dwelling unit .within PD -1046, arrangements shall be made with the Moorpark Unified School District for payment of all necessary fees. CITY COUNCIL CONDITIONS 38. That prior to issuance of a Zone Clearance, an unconditional will serve letter for water and sewer service shall be obtained from Ventura County Waterworks District No. 1. 1 r 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 -239 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 21st day of October , 19 85 and that the same was adopted by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Woolard, Ferguson, Weak and Mayor Prieto; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 21st day of October , 19 85 City Clerk (SEAL)