Loading...
HomeMy WebLinkAboutRES CC 1985 247 1985 1104RESOLUTION NO. 85 - 247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT NO. TR -4001 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -1029, ON APPLICATION OF URBAN WEST COMMUNITIES. WHEREAS, at duly noticed public hearings on August 8, August 15, and August 29, 1985, the Moorpark Planning Commission considered the applica- tion of Urban West Communities for approval of Tentative Tract No. Tr -4001, to subdivide a 40 -acre site into 88 lots [*84 homesites, neighborhood recreation lot, elementary school site, eight -acre lot reserved for future high density residential development (8 to 15 units to the acre /target density of 90 units and a village park site)]; and Residential Planned Development Permit No.RPD- 1029 to construct 84 single family dwellings (Creekside) and a neighborhood recreation complex on a 14 -acre site, all within said City; and WHEREAS, after careful consideration, the Planning Commission reached its decision in the matter and has recommended approval of Tentative Tract No. TR -4001, and of Residential Planned Development Permit No. RPD -1029 and 1 WHEREAS, public notice having been given in time, form and manner C 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 environmental Impact Report prepared for Planned Community No. 3 (Mountain Meadows) finds that the environmental effects of these .proposed projects are similar enough to warrant the same treatment in the EIR, and has certified that the Planned Community No. 3 EIR adequately covers the impacts of these projects, and, pursuant to Section 15162 of the State CEQA Guidelines, that this body has reviewed and considered the information contained therein, and endorses the reasons which have been given in the staff report on file herein for allowing the occurrence of the significant cumulative impacts identified in the EIR; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the findings contained in the staff reports dated August 8 and October 7, 1985 are hereby adopted, and said reports are incor- porated herein by reference as though fully set forth. SECTION 2. The City Council hereby- conditionally approves Tentative Tract No. TR -4001 and Residential- Played Development Permit No. RPD -1029, 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. CSECTION 3. That this resolution shall take effect immediately. 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. ATTEST: City Clerk -2- ayor of the 'Cit of Moorpark, California r'. CONDITIONS FOR: TT -4001 A1'1'LICANT: Urban West Communities DATE: November 4, 1985 PAGE: I Resolution No. 85 -247 ( PLANNING DIVISION CONDITIONS: 1. The conditions of approval of this Tentative Map supersede 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 County 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 applicable 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. 1. Prior to recordation, the developer shall demonstrate by possession of a District Release 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. The Final Map shall be recorded in phases as indicated on the Tentative Tract Map. 10. 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 Association shall be to oversee and maintain all recreational facilities, front yard landscaping, landscaped public areas, and to assure architectural compatibility with any construction and remodeling in the project. `11. Prior to recordation or issuance of a grading permit, grading plans shall be submitted to the Planning Division for review to ensure that they meet with CONDITIONS FOR: TT -4001 DATE: November 4, 1985 Resolution NO. 85 -247 APPLICANT: Urban West Communities PAGE: ( the intent expressed in the architect's conceptual plans and /or the Tentative Map. 12. That prior to recordation an unconditional availability letter shall be obtained from County Waterworks District No. 1 for sewer and water service for each lot created. Said letter shall be filed with the Department of Community Development, or if said unconditional availability letter, in a form satisfactory to the City cannot be obtained from County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement• shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. 13. At the time water service connection is made, cross - connection control devices shall be installed on the water system. FIRE DEPARTMENT CONDITIONS 14. Access roads shall be installed with an all- weather surface, suitable for access by fire department apparatus. 15. 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. 16. When only one access point is provided and the zoning allows parcels of less than one acre in size, the maximum length of such access shall not exceed 800 feet. 17. Street signs shall be installed prior to occupancy. 18. 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 can plan within 500 feet of the development. 19. A minimum fire flow of 1000 gallons per minute shall be provided at this location. 20. 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 one 2' -inch outlet. b. The required fire flow shall be achieved at_ no less than 20 psi residual pressure. - - CONDITIONS FOR: TT -4001 November 4, 1985 DATE: Resolution No. 85 -247 APPLICANT: Urban West Communities PAGE: ; 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 24" on center, recessed in from the curb face. 21. 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. 22. An approved spark arrester shall be installed' on the chimney of any structure (California Administrative Code, Title 24, Section 2- 1217). 23. 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 the structures are not visible from the street, the address numbers shall be posted adjacent to the driveway entrance. 24. Portions of this development may be in a hazardous fire area and those structures shall meet fire zone 4 building ocde requirements. 25. Roofing material shall be any fire retardant roofing as defined in the Uniform Building Code. PUBLIC WORKS CONDITIONS: 26. 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 post sufficient surety guaranteeing completion. 27. That prior to recordation of Phase I, the developer shall submit to the City of Moorpark, for review and approval, a Final Geotechnical Report. The grading plan shall incorporate the recommendations of the approved Geotechnical Report. 28. That prior to recordation of each Phase as identified below, 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. 29. That in conjunction with the recordation of each Phase 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 shown on the Final Map. CONDITIONS FOR: TT -4001 APPLICANT: Urban West Communities DATE: November 4, 1985 PAGE: 4 Resolution No. 85 -247 ( 30. That prior to any work being conducted with the City right -of -way, the developer shall obtain an Encroachment Permit from the appropriate agency. 31. That prior to the issuance of a Building Permit, 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. If a development agreement is entered into by the applicant and the City, this Condition will be waived. 32. In conjunction with recordation, the developer shall offer to dedicate on the Final Map to the City of Moorpark a Public Service Easement as required. 33. That prior to recordation of each Phase, 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 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. 34. 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 1 each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. 35. 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 (1) a legal description of the interest to be acquired, (2) 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, (3) 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 (4) a current Litigation Guarantee Report; - C. Enter into an agreement with the laity, guaranteed by such cash deposits or other security as the City may required, pursuant to which the subdivider will pay all of the Cit}-Is cost (including, without limitation,-attorney's fees -and overhead expenses) of acquiring suctr-an -- interest in the land. CONDITIONS FOR: TT -4001 DATE: November 4, 1985 Resolution No. 85 -247 APPLICANT: Urban West Communities PAGE: 5 36. That prior to recordation of each Phase, 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 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. 37. That prior to recordation of each Phase, the developer shall submit to the Waterworks District 1, for review and approval, improvement 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 improvements. 38. That prior to recordation of each Phase, the developer shall submit to the Waterworks District 1, for review and approval, improvement 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 sufficient surety guaranteeing construction of the improvements. ID 39. That prior to recordation of each Phase, the developer shall deposit with C the City of Moorpark the determined energizing fees for the installation of ornamental street lights. 40. That prior to zone clearance, the north one -half of Tierra Rejada Road, from Mountain Meadows Street easterly to the intersection of Moorpark Road and Tierra Rejada Road, shall be constructed. 41. That prior to occupancy of any dwelling unit, the developer shall have constructed the storm water retention basin as required with the previously approved subdivisions in Planned Community No. 3. 42. That prior to recordation of the tentative map, street names shall be reviewed by the Fire Prevention Bureau and approved by the Planning Commission. 43. That a village landmark feature shall be incorporated into the school /park site. The village landmark feature shall be submitted for review by the Planning Commission prior to occupancy of any unit. CITY COUNCIL CONDITIONS: 44. The development shall be subject-to all applicable provisions of Planned Community No. 3 (PC -3), as contained in the document entitled "MOUNTAIN MEADOWS A - Planned Community Report and Development Program April 1985"-. _ and modifications to said PC -3 as approved by the City Council in Resolution No. 85- 246 , adopted November 4, 1985. CONDITIONS FOR: PD -1029 DATE: November 4, 1985 Resolution NO. 85 -247 PLANNING DIVISION CONDITIONS: APPLICANT: Urban West PAGE: 1 1. That the permit is granted for the land and project as described in the application and any attachment thereto, and as shown on the plot plan submitted, labeled Exhibit "A ". 2. That the permit is granted for all of the buildings, fences, signs, roadways, parking areas, landscaping and other features which shall be located substantially as shown on Exhibit "B ", except or unless indicated otherwise herein. 3. That the elevations of all buildings shall be substantially in conformance with the elevation plan labeled Exhibit "B ". 4. 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. 5. That the final design of all buildings, communal open spaces, recreational facilities, walls and fences, including materials and colors, is subject to the approval of the Planning Commission. 6. That all requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met. 7. That prior to construction, a Zone Clearance shall be obtained from the Planning Division and a Building Permit shall be obtained from the Building and Safety Division. 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 Director may, in his discretion, 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 have been no changes in the approved plans, (c) there has been no change of circumstances which will prevent 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 all landscaping and planting in and adjacent to parking and vehicular areas shall be contained within raised planters surrounded by six (6) inch high concrete curbs. 10. That all utilities shall be placed underground. CONDITIONS FOR: PD -1029 DATE: November 4, 1985 Resolution No. 85 -247 APPLICANT: Urban West PAGE: 2 C11. That signs are subject to City of Moorpark Ordinance Code, Article 24, Sign Ordinance. Signs in excess of the ordinance will require filing a Conditional Use Permit. 12. 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 Director. 13. 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 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. 14. That the development is subject to all applicable regulations of the "R -P -D" (Residential Planned Development) zone. ^� 15. That prior to recordation of the companion tract (TR -4001) copies of the C By -Laws, Covenants, Conditions and Restrictions shall be submitted to the Planning Director for approval. lb. That, prior to issuance of a Zone Clearance, a landscaping, planting and fencing plan, together with specifications and a maintenance program, shall be prepared by a State - licensed Landscape Architect. The purpose of the landscaping will be (a) to enhance quality of the development by landscaping front yards, (b) to control erosion and mitigation and the visual impacts of all man -made slopes, three feet or more in height, and (c) to assure that drought - tolerant plants are utilized in the landscaping of the property. Three sets of plans shall be submitted to and approved by the Planning Director following review by the County's Landscape Consultant. The applicant shall bear the total cost of such review and of final installation inspection. Said landscaping shall be completed as outlined in the phasing plan developed for PD -1029 with all landscaping installation completed within 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. CONDITIONS FOR: PD -1029 DATE: November 4, 1985 Resolution No. 85 -247 APPLICANT: Urban West PAGE: 3 17. 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: a. Low flush toilets (not to exceed 3� gallons). b. Shower controllers. C. Stoves, ovens and ranges, when gas fueled, shall not have continuous burning pilot lights. d. All thermostats connected to the main space heating source to have night setback features. e. Kitchen ventilation system to have automatic dampers to insure closure when not in use. f. Solar panel stubouts. 18. 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. 19. That patio covers and accessory buildings shall be reviewed and approved by ^� the homeowners association prior to the issuance of a Zone Clearance. C 20. That prior to the issuance of a Zone Clearance, the applicant shall file plot plans with the Planning Director for review and approval which adresses the dwelling footprints and setbacks of all proposed dwellings. Said dwellings shall conform to the plot plan in Exhibit "B ". 21. That prior to the issuance of a Zone Clearance, a fencing plan identifying the location and materials to be used shall be submitted to the Planning Division. A decorative block wall and landscaping shall be located on Walnut Creek Road and at the end of all interior roadways in the are of Lots 1 through 85 and on Tierra Rejada Road adjacent to Parcel 88 for the purpose of insuring compatibility with the overall Planned Community. Said plan shall be subject to the approval of the Planning Commission. 22. That prior to the issuance of a Zone Clearance, a rear and side yard fencing plan identifying the location and materials (concrete wall system)to be used shall be submitted to the Planning Division. Said plan shall be subject to the approval of the Planning Commission and said fencing shall be installed within 30 days of occupancy. Said concrete wall system shall not be used for side or rear yards facing collector streets. 23. That single cylinder dead bolt locks shall be provided on all houses. 24. -That gutters and downspouts shall be provided over all garage doors_ and entryways. - - CONDITIONS FOR: PD -1029 APPLICANT: Urban West DATE: November 4, 1985 PAGE: 4 Resolution No. 85 -247 25. That the parking in proximity to the neighborhood recreation complex shall be marked. 26. That a copy of the approved PC -3 Specific Plan be displayed in the model home office for review by potential buyers. That all buyers prior to making reservations or deposits be given a copy of the approved Specific Plan, if any, submitted to the City for review and approval. 27. 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. 28. That all roofing material shall be of a non -wood roofing. 29. Prior to issuance of a building permit for any dwelling unit within PD -1029, arrangements shall be made with the Moorpark Unified School District for payment of all necessary school facilities fees. 30. The developer shall install a sprinkler system and landscape the front yards of all lots within PD -1029. Landscaping and irrigation systems shall be com- pleted not less than60 days after the dwelling units have been occupied. 31. The development shall be subject to all applicable provisions of Planned Community No. 3 (PC -3) , as contained in the document entitled "MONTAIN MEADOWS A Planned Community Report and Development Program April 1985" and modifications to said PC -3 as approved by the City Council in Resolution No. 85- 246 , adopted November 4, 1985. C l .J 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 -247 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 4th day of November 19 85 , and that the same was adopted by the following roll call vote: AYES: Councilmembers Ferguson, Weak, Woolard, Yancy- Sutton and Mayor Prieto; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 4th day of November , 19 85 City Clerk