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HomeMy WebLinkAboutRES CC 1986 289 1986 0407RESOLUTION NO. 86- 28y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT NO. TR -4140, AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -1052 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 -4140, to subdivide a 59.19 acre site into 205 lots, and of Residential Planned Development Permit No. RPD -1052 to construct 203 single fancily dwellings and two recreation lots, 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 -4140, and of Residential Planned Development Permit No. RPD -1052; and WHEREAS, public notice having been given in time, form and manner C 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 -4140 and Residential Planned Development_ Permit -No. RPD -1052, 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. C SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution. 3 PASSED AND ADOPTED this 7th day of April, 1986. ATTEST: M or of the City of Moorpark, California -2- C CONDITIONS FOR: Vesting TR -4140 APPLICAiNT: Urban West Communities DATE: January 9, 1986 PLANNING DIVISION CONDITIONS: 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. That 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. 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 to assure architectural compatibility with any construction and remodeling in the project. 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. CONDITIONS FOR: Vesting TR -4140 DATE: January 9, 1986 APPLICANT: Urban West Communities PAGE: 2 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 streets with two -way traffic and on streets 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 Drovided. 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 C 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. That street signs shall be installed prior to occupancy. 18. 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. 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� -i-nch outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. CONDITIONS FOR: Vesting TR -4140 APPLICANT: Urban West Communities DATE: January 9, 1986 PAGE: 3 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. 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. 22. That an approved spark arrester shall be installed on the chimney of any structure (California Administrative Code, Title 24, Section 2- 1217). 23. 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. 24. That portions of this development may be in a hazardous fire area and those structures shall meet fire zone 4 building ocde requirements. 25. That roofing material shall be any fire retardant roofing as defined in the \/ Uniform Building Code. (` PUBLIC WORKS CONDITIONS: 26. 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. 27. 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. 28. 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: l� CONDITIONS FOR: Vesting TR -4140 APPLICANT: Urban West Communities DATE: January 9, 1986 C PAGE: 4 Plate B -2B, revision D - Tierra Rejada Road Plate B -SA, revision D - "E" Street, "G" Street, "C" Street Plate BSC, revision D - "H" Court, "I" Court, "J" Place (cul -de -sac only) Plate B5B revision D "B" Street, "J" Place, "D" Place, "K " Place "A" Street, " F" Street Walnut Creek Road, Mountain Meadow Drive - Per 43' cross - section shown on Tentative Map dated July, 1985. Developer shall post no parking signage along Walnut Creek Road and Mountain Meadow Drive. 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. 30. That in conjunction with recordation, the developer shall dedicate on the Final Map to the City of Moorpark the access rights adjacent to Tierra Rejada Road, Walnut Creek Road and Mountain Meadow Drive along the entire frontage of the parent parcel except for approved access road(s) as delineated on the approved Tentative Maps. 31. That prior to any work being conducted with the City right -of -way, the developer shall obtain an Encroachment Permit from the appropriate agency. 32. 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. 33. 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. 34. 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. 35. That prior to the submittal of the Final Map, the developer shall transmit by certified mail a copy of the conditionally approved Tentative Map, together with a copy of Section 66436 of the State Subdivision Map Act, to each public entity or pubLic utility that is an easement holder of record. Written - compliance shall be- submitted to the City of Moorpark. - , .T CONDITIONS FOR: Vesting TR -4140 APPLICANT: Urban West Communities DATE: January 9, 1986 PAGE: 5 36. 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 City, guaranteed by such cash deposits or other security as the City may required, 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. .57. 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. 38. That prior to recordation of each Phase, the developer shall deposit with the City of Moorpark the determined energizing fees for the installation of ornamental street lights. 39. That prior to recordation of the tentative map, street names shall be reviewed by the Fire Prevention Bureau and ayoroved by the City Council. 40. 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 Moorpark. Zot..to-lot drainage easements, flood hazard areas and secondary drainage easements shall also be delineated on the ;lap. CONDITIONS FOR: Vesting TR -4140 APPLICANT: Urban West Communities DATE: January 9, 1986 PAGE: 6 C The subject easements shall be identified based on hydrologic and hydraulic methodology approved by the Ventura County Flood Control District. 41. 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. 42. 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 landscape easements along Mountain Meadows and Walnut Creek Road and control of land improvements on the storm drain easements located between lots 46 and 47, 157 and 158, 91 and 92, 19 and 20, and 103, 93, 129 and 130, and proposed offsite storm drain located southwest and southeast of the tract to ensure that no overlying residential structures interfere with maintenance of said easements by the City. 43. Developer shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. 44. A Class II bike path shall be provided along Tierra Rejada Road. 45. All driveways shall be per Plate E -1. 46. Improvement plans for all borrow sites shown on the map shall be submitted as part of the grading plan. C7. Full street improvements for Walnut Creek Road shall be constructed from its intersection with Tierra Rejada Road to its intersection with "C" Street. Developer shall bond for street improvements for Walnut Creek Road from "C" Street to its intersection with Mountain Meadow Drive if Tract 4142 does not record within 2 years of recordation of Tract 4140. 48. Full street improvements for Mountain Meadow Drive shall be constructed from its intersection with Tierra Rejada Road to the southerly lot line of lot 64 (as shown on the Tentative Map dated July, 1985). Developer shall bond for street improvements for Mountain Meadow Drive from the improvements for Mountain Meadow Drive from the southerly boundary of lot 64 to its intersection with Walnut Creek Road if Tract 4142 does not record within 2 years of recordation of Tract 4140. 49. Prior to the occupancy of the 1231st unit within 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. 50. Hydrology calculations shall be submitted to the City Engineer concurrently with the grading plans to determine the need for retention /detention basins. 51. Concurrently with erosion control, hydroseeding of all graded hillsides -. shall occur-within 30 days of completion of rough 9n ding. - C CONDITIONS FOR: Vesting TR -4140 DATE: January 9, 1986 POLICE DEPARTMENT CONDITIONS: APPLICANT: Urban West Communities PAGE: 7 52. A licensed security guard is recommended during the construction phase. 53. Construction equipment, tools, etc., will be properly secured during non - working hours. 54. That all appliances (microwave ovens, dishwashers, trans compactors, etc.,) will be properly secured prior to installation during non - working hours. All serial numbers will be recorded for identification purposes. 56. That lighting devices will be protected against the elements and constructed by vandal resistant materials if utilized for street lighting. 57. That landscaping will not cover any exterior door or window. 58. That 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. 59. That address will be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 60. That address numbers will be a minimum of 6" in height and illuminated during the hours of darkness. 61. That all exterior doors will be constructed of solid wood core minimum of 1 3/4" thick or of metal construction. 62. That doors 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. 63. That 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. 64. That 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, proprietorships, or similar distinct occupancies. ADDITIONAL PLANNING CONDITION: 65. That prior to the issuance of any Zoning Clearance fQr any unit within Traci 4140, -the developer shall submit plans indicating the Location and landscaping of collective mail box stations to the Moo -rpark Postmaster for review and approval. - 1 RR:bb /L128 CONDITIONS FOR: PD -1052 APPLICANT: Urban West CDATE: January 9, 1985 PAGE: 1 PLANNING DIVISION CONDITIONS: 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 "8 ". 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 "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 "7 ". 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 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 w4thin- raised planters surrounded by six (6) inch high concrete- curbs. r>XNil31T „b,. CONDITIONS FOR: PD -1052 DATE: January 9, 1985 APPLICANT: Urban West PAGE: 2 10. That all utilities shall be placed underground. 11. 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 Zoning Clearance, Building Permit or Occupancy permit Cpertaining 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 -4140) 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 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 =1052 with all landscaping installation completed within 30 days following the issuanr -e of the last occupancy permit for- a phase. The landscaping plans may also be approved in accordance with said phasing plans. CONDITIONS FOR: PD -1052 APPLICANT: Urban West DATE: January 9, 1985 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. r•.� _9. 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. A J C 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 -289 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 7th day of April 19 86 , and that the same was adopted by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Woolard, Ferguson, Prieto 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 CTerk