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HomeMy WebLinkAboutRES CC 1986 291 1986 0407RESOLUTION NO. 86- 291 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT NO. TR -4142, AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -1054 ON APPLICATION OF URBAN WEST COMMUNITIES. WHEREAS, at a duly noticed public hearing on January 8, 1986, the Moorpark Planning Commission considered the application of Urban West Communities for approval of Tentative Tract No. TR -4142, to subdivide a 151.5 acre site into 286 lots, and of Residential Planned Development Permit No. RPD -105 4 to construct 283 single family homesites, 2 recreation lots and one lot reserved for future high density residential development, said property being located adjacent to and south of Tierra Rejada Road, between Walnut Creek and Mountain Meadow Drive, within the Mountain Meadow community; and WHEREAS, after careful consideration, the Planning Commission reached its decision in the matter and has recommended approval of Tentative Tract No. TR -4142, and of Residential Planned Development Permit No. RPD -1054; and WHEREAS, public notice having been given in time, form and manner as prescribed 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 effects discussed in the Environmental Impact Report prepared for Planned Community No. 3 and the environmental effects of the proposed project- are similar enough to warrant the same treatment in an EIR, and has certified that the Planned Community No. 3 EIR adequately covers the impacts of this project, 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 that was earlier prepared for Planned Community No. 3; 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 February 18, 1986 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 -414 2 and Residential Planned Development Permit No. RPD -105 4, 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. -1- 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 7th day of April, 1986. City Cler May of the City of Moorpark, California -2- 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. 86 -291 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 7th day of Apra , 19 86 , and that the same was adopted by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Ferguson, Prieto, Woolard and Mayor Weak; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 7th day of April , 19 86 City Clerk CONDITIONS FOR: Vesting TR -4142 DATE: January 9, 1986 PLANNING DIVISION CONDITIONS: APPLICANT: Urban West Communties PAGE: 1 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, be 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 requlations of the Residential Planned Development zone. 5. 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. 6. 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. 7. 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. 8. The Final Map shall be recorded in phases as indicated on the Tentative Tract Map. 9. Prior to recordation, a Homeowners Association shall be created. Copies of the By -Laws, Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the Planning Director for approval. The purpose of the Homeowners Association shall be to oversee and maintain all recreational facilities, front yard landscaping, landscaped public areas, and slope easements, and to assure architectural compatibility with any construction and remodeling in the project. CONDITIONS FOR: Vesting TR -4142 APPLICANT: Urban West Communties DATE: January 9, 1986 PAGE: 2 10. 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 the intent expressed in the architect's conceptual plans and /or the Tentative Map. 11. 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. 12. At the time water service connection is made, cross - connection control devices shall be installed on the water system. FIRE DEPARTMENT CONDITIONS: 13. That a street width of 36 feet on street with two -way traffic and on street parallel parking on both sides shall be provided and 32 feet on cul -de -sacs serving 15 or 16 units and less than 800 feet in length shall be provided. 14. That access roads shall be installed with an all- weather surface, suitable for access by fire department apparatus. 15. That 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. 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 500 feet of the development. 17. A minimum fire flow of 1000 gallons per minute shall be provided at this location. 18. That all drives shall have a vertical clearance of 13 feet, 6 inches (13'6 "). 19. 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 22 -inch outlet. CONDITIONS FOR: Vesting TR -4142 DATE: January 9, 1986 APPLICANT: Urban West Communties PAGE: 3 - b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 500 feet on center, and so located that no structure will be farther than 250 feet from any one hydrant. d. Fire hydrants shall be 24" on center, recessed in from the curb face. 20. 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. 21. That an approved spark arrester shall be installed on the chimney of any structure (California Administrative Code, Title 24, Section 2- 1217). 22. 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 the structures are not visible from the street, the address numbers shall be posted adjacent to the driveway entrance. 23. That portions of this development may be in a hazardous fire area and those structures shall meet fire zone 4 building code requirements. 24. That approved turn- around areas for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 25. That prior to recordation of street names, names shall be submitted to the Bureau of Fire Prevention. 26. That street signs shall be installed prior to occupancy. 27. That roofing material shall be any fire retardant roofing as defined in the Uniform Building Code. PUBLIC WORKS CONDITIONS: 28. That prior to recordation, the developer shall submit to the City of Moopark, 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. 29. That prior to recordation, the developer shall submit to the City of Moorpark, for review and approval, a detailed Soils Report certified by a registered professional Civil Engineer in the State of California. The grading plan shall incorporate the recommendations of the approved Soils Report. CONDITIONS FOR: Vesting TR -4142 APPLICANT: Urban West Communties DATE: January 9, 1986 PAGE: 4 30. 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. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, and paving in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as follows: - B -2B - Tierra Rejada Road. - B -5A - "J" Street (between "K" Street and Mountain Meadow Drive), "C" Street (between "J" Street and "B" Street) "A" Street (between "B" Street and Walnut Creek Road). - B -5B - "J" Street (from "K" Street west to the cul -de -sac), "A" Street (between "B" Street and cul -de -sac), "E" Street, "D" Street, "H" Street, "G" Street, "M" Street. - Driveways shall be per plate E -1. - B -5C - "K" Street, "F" Court. - Mountain Meadow, Walnut Creek Road and "P" Street shall be per 43' cross - section shown on Tentative Map. - Class II bike paths shall be provided along Walnut Creek, Mountain Trail, Mountain Meadow Drive, Tierra Rejada Road and "P" Street. 31. That prior to recordation, the developer shall submit to the City of Moorpark for review and approval, street improvements plans for the access road from "B" Street to the southerly tract boundary, prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete these improvements; and shall post sufficient surety guaranteeing the completion of the improvements. 32. 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 the Final map. 33. That prior to any work being conducted with the City right -of -way, the developer shall obtain an Encroachment Permit from the appropriate agency. 34. That in conjunction with recordation, the developer shall dedicate on the Final Map to the City of Moopark the access rights adjacent to Mountain Trail Street, Mountain Meadow Drive, Walnut Creek Road, Tierra Rejada Road and "P" Street along the entire frontage of the parent parcel except for approved access road(s) as delineated on the approved Tentative Maps. 35. That prior to recordation, the developer shall demonstrate feasible access with adequate protection from a 10 year frequency storm to the satisfaction of the City of Moorpark. CONDITIONS FOR: Vesting TR -4142 DATE: January 9, 1986 APPLICANT: Urban West Communties PAGE: 5 36. That prior to the recordation, the develoer shall deposit with the City of Moopark 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. 37. 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 for water tank access road as shown on the tentative map. 38. 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. 39. That prior to the submittal of the Final Map, the developer shall transmit be 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. 40. If any of the improvements which the subdivider is required to construct or install is the 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 City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the subdivider will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. CONDITIONS FOR: Vesting TR -4142 APPLICANT: Urban West Communties DATE: January 9, 1986 PAGE: 6 41. 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. 42. That in conjunction with recordation, the developer shall delineate on the Final (Parcel) Map areas subject to flooding as a "Flowage Easement" and then offer the easement for dedication to the City of Moopark. Lot to lot drainage easements, flood hazard areas and secondary drainage easements shall also be delineated on the Map. The subject easements shall be identified based on hydrologic and hydraulic methodology approved by the Ventura County Flood Control District. 43. 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. 44. That prior to recordation, the developer shall submit to the City of Moopark for review and approval, evidence that the CC&R's will include provisions for maintenance of the landscape easements along Mountain Meadow Drive and Walnut Creek Road, the storm drain facilities in parcels "N ", "0") "P", "0", and "R ", and the indicated flow across lot 54. 45. That prior to recordation of each Phase, the developer shall deposit with the City of Moopark, the determined energizing fees for the installation of ornamental street lights. 46. Developer shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. 47. Prior to occupancy of the first unit, Mountain Meadow Drive shall be completed from Walnut Creek Road to Tierra Rejada Road. 48. Prior to occupancy of the first unit, within Phase III, "P" Street shall be completed. 49. No street grades shall exceed 10 %. CONDITIONS FOR: Vesting TR -4142 DATE: January 9, 1986 APPLICANT: Urban West Communties PAGE: 7 50. Mountain Trail Street shall be constructed from Mountain Meadow Drive to Tierra Rejada Road per plate B -2B east of Mountain Meadow Drive, Mountain Trail Street shall be constructed to gradually taper down to a 40' pavement width, (taper length shall be approximately 450'). 51. Concurrently with erosion control, hydroseeding of all graded hillsides shall occur within 30 days of completion of rough grading. 53. Walnut Creek Road shall be constructed from "A" Street to Tierra Rejada Road prior to the occupancy of the first unit within Phase IV. 54. Prior to the occupancy of the 1231st unit with the PC -3 project, the Tierra Rejada Road bridge over the Arroyo Simi and full improvements of Tierra Rejada Road from the southern end of the existing portion of Tierra Rejada Road north of the Arroyo Simi to the eastern boundary of the Edison Easement shall be completed. SHERIFF'S DEPARTMENT CONDITIONS: 55. A licensed security guard is recommended during the construction phase. 56. Construction equipment, tools, etc., will be promptly secured during non - working hours. 57. All applicances (microwave ovens, dishwashers, trash compactors, etc.,) will be properly secured prior to installation during non - working hours. All serial numbers will be recorded for identification purposes. 58. Lighting devices will be protected against the elements and constructed by vandal resistant materials if utilized for street lighting. 59. Landscaping will not cover any exterior door or window. 60. Landscaping at entrances /exits or at any intersection will not block or screen the view of a seated driver from another moving vehicle or pedestrian. 61. Address will be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 62. Address numbers will be a minimum of 4" in height and illuminated during the hours of darkness. 63. All exterior doors will be constructed of solid wood core minimum of 1 3/4" thick or of metal construction. CONDITIONS FOR: Vesting TR -4142 APPLICANT: Urban West Communties DATE: January 9, 1986 PAGE: 8 64. Door utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one inch. 65. All exterior sliding glass doors or window will be equipped with metal guide tracks at the top and bottom and constructed so that the window cannot be lifted from the track when in the closed or locked position. 66. Upon occupancy by the owner or proprietor, each single unit in a tract or commercial development, constructed under the same general plan, shall have locks using combinations which are interchange free from locks used in all other separate dwellings, proprieterships, or similar distinct occupancies. RR:td /L130 ADDITIONAL PLANNING CONDITION: That prior to the issuance of any zone clearance for any unit within Tract 4141, the developer shall submit plans indicating the location and landscaping of collective mail box stations to the Moorpark Postmaster for review and approval. CONDITIONS FOR: PD -1054 DATE: 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 "811. 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 No. "8 ", except or unless indicated otherwise herein. 3. That the elevation of all buildings shall be substantially in conformance with the elevation plan labeled Exhibit 117 ". 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 material 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 Zoning 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. '1. 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. CONDITIONS FOR: PD -1054 DATE: APPLICANT: Urban West PAGE 2 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 Zoning 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 -4142) copies of the By -laws, Covenants, Conditions and Restrictions shall be submitted to the Planning Director for approval. 16. 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 utlilized 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 -1054 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. 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. CONDITIONS FOR: PD -1054 DATE: APPLICANT: Urban West PAGE 3 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. 19. That patio covers and accessory buildings shall be reviewed and approved by the homeowners association prior to the issuance of a Zoning Clearance. 20. That prior to the issuance of a Zoning Clearance, the applicant shall file plot plans with the Planning Director for review and approval which addresses 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 Zoning Clearance, a fencing plan identifying the location and materials to be used shall be submitted to the Planning Division. Said plan shall be subject to the approval of the Planning Commission. 22. That prior to the issuance of a Zoning Clearance, a rear and side yard fencing plan identifying the location and materials (concrete block wall and wrought iron with pilasters) 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. 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. 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. RR:j /L!91