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HomeMy WebLinkAboutRES CC 1986 297 1986 0421RESOLUTION NO. 86- 297 - A RESOLUTION OF THE CITY . COUNCIL OF T41E- CITY OF MOORPARK, CALIFORNIA,- APPROVING- GENERAL PLAN AMENDMENT NO. GPA- 85- 4, �TENTATIVE TRACT NO. TR -4147, AND RESIDENTIAL PLANNED DEVELOPMENT NO. RPD -1049 ON APPLICATION OF CABRILLO ECONOMIC DEVELOPMENT CORPORATION. 4EREAS, at a duly noticed public hearing on January 8, 1986, the Moorpark Planning Commission considered the application of Cabrillo Economic Development Corporation requesting approval of the following: U Amend the Land Use Element of the General Plan from "M -L" ( Residential: Medium • Low Density, 2.6 units per acre average) and "C -2" (General Commercial) to "H" (Residential): High density, 7 units per acre average; O Amend the Circulation Element of the General Plan to delete the requirement to provide an equestrian trail and bike path on the project site adjacent to the Arroyo Simi; U Change the existing zoning from "R -1 -13" (Single Family Residential, 13,000 sq.ft. minimum lot size) and "C -P -D" Commercial Planned Development) to "R- P -D -7u" (Residential Planned Development, 7 units per acre); U A tentative tract map to subidivde the project site into 62 single family lots; U A Residential Planned Development for 62 family homes for very -low and low- income families; U A project density bonus of nine percent and a waiver of several development standards to accommodate the proposed low- income housing project; said proposed project being located south of Los Angeles Avenue, east of Liberty Bell Road, north of and adjacent to the Arroyo Simi, and the gross acreage of the project site is 10.7 acres; and WHEREAS, after careful consideration, the Planning Commission reached its decision in the matter and has recommended the following to the City Council: (1) That the proposed project will not have an significant effect on the environment; that the Planning Commission has reviewed and con- sidered the information contained in the mitigated Negative Declaration and recommends approval of the Mitigated Negative Declaration as having been completed in compliance with State CEQA Guidelines issued thereunder; -1- (2) Approval of amending the Land Use Element of the General Plan from "M -L" (Residential: Medium Low Density, 2.5 units per acre. average) and "C -2" (General Commercial) to "H" (Residential: High Density, 7 units per acre average) being GPA -85 -4; (3) In lieu of amending the Circulation Element of the General Plan pertaining to deletion of an equestrian trail and bike path on the project site adjacent to the Arroyo Simi, that in conjunction with recordation, the applicant offer to dedicate on the Final Map to the City of Moorpark an easement for the possible future installation of the bike path and equestrian trail as shown on the Circulation Element; further, there would be no requirement to install the path and trail improvements at this time; however, applicant would be required to record with the deeds of the properties of the subdivision a covenant waiving the right of future home buyers to protest the formation of an assessment district to finance the installation of the equestrian trail and bike path; (4) Approval of Zone Change No. Z -2804 , as requested; (5) Approval of Tentative Tract Map No. TR -4147 to subdivide the project site into 62 single-family lots, subject to approved conditions; (6) Approval of Residential Planned Development No. RPD -1049 for 62 family homes for very -low and low- income families, subjt to approved conditions; (7) A density bonus of nine percent and a waiver of the following develop- ment standards: (a) That the reduction in required garage size be accepted; and (b) Approve the waiver of the required lot depth/ width ratio due to project design constraints; 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 has determined that the proposed project will not have a significant effect on the environment and that the City Council has reviewed and considered the information contained in the Mitigated Negative Declaration and approves the Mitigated Negative Declaration as having been completed in compliance with State CEQA Guidelines issued thereunder; and WHEREAS, by its Ordinance No. 68, adopted April 7, 1986, the City Council has approved Zone Change No. Z -2804, as recommended by the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: -2- SECTION 1. That the findings contained in the staff reports dated February 12 and March 3, 1986 are hereby adopted, and said reports are incorporated herein by reference as though fully set forth. SECTION 2. That the City Council hereby approves General Plan Amendment No. GPA -85 -4, and does hereby amend the Lard Use-Element of the Moorpark General Plan to redesignate the Cabrillo Economic Development Corpora- tion project site encompassed by Tract No. 4147, Residential Planned Development No. RPD -1049 and Zone Change No. Z -2804, located south of Los Angeles Avenue, east of Liberty Bell Road, and north and adjacent to the Arroyo Zimi, from "M -L" (Residential: Medium Low Density, 2.5 units per acre average) and "C -2" ( General Commercial) to "H" ( Residential: High Density, 7 units per acre average) , as designated on the map attached hereto, marked EXHIBIT A and incorporated herein and made a part hereof, which amendment is General Plan Amendment No. GPA -85 -4. SECTION 3. That the City Council hereby conditionally approves Tentative Tract No. TR -4147 and Residential Planned Development Permit No. RPD -1049, subject to compliance with all the conditions attached hereto, and does hereby find, determine and resolve that violation of any of such conditions shall be grounds for revocation of said permits. SECTION 4. That this resolution shall take effect immediately. SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution. PASSED AND ADOPTED this 21st day of April, 1986. ATTEST: S4� 4a) Ait", Ma ?6r of the City of Moorpark, California -3- 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 -297 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 21st day of April , 19 86 , and that the same was adopted by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Prieto, Ferguson, Woolard and Mayor Weak; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 21st day of At)ril 19 86 City Clerk units per acre average) TO "H" (Residential: High Density, 7 units per acre average) Resolution No. 86 -297 Adopted April 21, 1986 __ ek.51► _ P-OR. TRACT--L RANCF- (HW Y 118) L O S AN 6EL ES, EXHIBIT A CONDITIONS FOR: Tract 4147 DATE: February 12, 1986 COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS: APPLICANT: Cabrillo Economic - _ Development Corp. PAGE: 1 of 9 1. That the conditions of approval of this Tentative Maps supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map and all the provisions of the Subdivision Map Act, City of Moorpark Subdivision Ordinance and adopted City policies apply. 2. That all applicable requirements of any law or agency of the State, Ventura County, 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. That no condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 4. That if any of the conditions or limitations of this entitlement are held to be invalid, that holding shall not invalidate any of the remain- ing conditions or limitations set forth. 5. That applicant agrees as a condition of issuance (or renewal) for the use of this permit, to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit, or in the alternative, to relinquish this permit. Applicant will reimburse the City for any court costs and /or attorney's fees which the City may be required by a court to pay as a result of any such action. City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve applicant of his obligations under this condition. 6. As of the date of recordation of the final map, the lots depicted thereon shall meet the requirements of the zoning ordinances and General Plan then applicable to the property. Compliance with this condition shall be required even if the zoning and General Plan requirements in effect as of the date of recordation are different from those in effect as of the date the tentative map is conditionally approved. Conditional approval of the tentative map shall neither limit the power of the legislative body to amend the applicable zoning ordinances and /or General Plan nor compel the legislative body to make any such amend- ments. 7. That the applicant's recordation of this map and /or commencement of con- struction and /or operations as a result of this map shall be deemed to be acceptance by applicant of all conditions of this map. 59047A/G -1 Page 2 of 6 8. That the development shall be subject to all applicable regulations of the „R�- P -D -7U" (Residential Planned Development, seven units per acre) zone. 9. That all on -site utilities shall be placed underground. 10. That 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 for each individual unit from the Planning Division and a building permit shall be obtained from the Building and Safety Division. 11 . That prior to recordation, the applicant 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. 12. That 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. 13. That at the time water service connection is made, cross - connection control devices shall be installed on the water system in accordance with the requirements of the Ventura County Division of Environmental Health. 14. That 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 subdivision. 15. That the 78.5 foot wide (1.3 acre) area adjacent to the project site shall be developed by the residents of this project as a private park facility. Ownership of the 1.3 acre area shall be deeded to the Cabrillo Economic Development Corporation. The deed for this property shall contain a covenant retaining this area as a park site for the life of the project, consistent with Flood Control easement requirements for this area. (Refer to Tract 4147 Conditions 18 and 19, and RPD 1049 Conditions 24, 25, 26 , 2'I and 47.) 16. That during grading of on -site roads and building pads, regular watering of unpaved areas shall occur to reduce fugitive dust emissions. 17. That if archaeological or historical artifacts are uncovered, the devel- oper shall ensure the preservation of the site; shall obtain the ser- vices of a qualified archaeologist to recommend proper disposition of 59047A/G -2 Page 3 of 8 the site; and shall obtain City of Moorpark, Department of Community Development written concurrence of the recommended disposition before resulting development. 18. That in conjunction with recordation, the applicant shall offer to dedi- cate on the Final Map to the City of Moorpark, an easement for the possible future installation of the bike path and equestrian trail as shown on the Circulation Element, consistent with the requirements of the Ventura County Flood Control easement for this area. There shall be no requirement to install the path and trail improvements at this time. However, the applicant shall record with the deeds of the properties of the subdivision a covenant waiving the right of future home buyers to protest the formation of an assessment district to finance the installa- tion of the equestrian trail and bike path. 19. That prior to recordation of the Tract Map, the subject property, including a maintenance easement for the private park, shall be annexed to City Assessment District 85 -1. The proposed private park facility shall be maintained to City standards by the residents of the project. The City Assessment District 85 -1, shall provide for park maintenance of this area, to be activated as necessary at the City's option, should the homeowners not maintain the area in a satisfactory manner. Residents of the project may be assessed a separate assessment fee, above and beyond the standard City -wide assessment, for maintenance of this private park. 20. That twenty percent of the project (12 units) shall be reserved for households with very -low, or low incomes, as defined by the Department of Housing and Urban Development, for a period of ten years. FIRE DEPARTMENT CONDITIONS: 21. That a minimum street width of thirty -six (36) feet, accommodating two - way traffic, and on- street parallel parking on both sides shall be pro- vided. A street width of at least thirty -two (32) feet shall be pro- vided for the cul -de -sac serving 15 or fewer units and less than 800 feet in length. 22. Access roads shall be installed with an all- weather surface, suitable for access by Fire Department apparatus. 23. That 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. 24. That all drives shall have a minimum vertical clearance of 13 feet, 6 inches (13'6 "). 25. That 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. 59047A/G -3 Page 4 of 8 26. That prior to recordation of the Final Map a secondary access road shall - - be provided to the development. The location of said access shall be approved by the Ventura County Fire Prevention Bureau. 27. That approved turn - around areas for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 28. That prior to recordation of street names, names shall be submitted to the Bureau of Fire Prevention for review. 29. That prior to the occupancy of the first unit street signs shall be installed. 30. 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. 31. A minimum fire flow of 1000 gallons per minute shall be provided at this location. 32. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Ventura County Waterworks Manual. a) Each hydrant shall be a 6 -inch wet barrel design, and shall have one 4 -inch and one 2 1/2 -inch outlet. 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 inches on center, recessed in from the curb face. 33. All grass or brush exposing any structures shall be cleared for a dis- tance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 34. 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 setback 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. 59047A/G -4 Page 5 of 8 CITY ENGINEER CONDITIONS: 35. That prior to recordation, the applicant shall submit to the City of - Moorpark, for review -and approval, a grading plan prepared by a Regis- tered Civil Engineer; shall obtain a Grading Permit; and 'shall post sufficient surety guaranteeing completion. 36. That prior to recordation, the applicant 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. 37. That prior to recordation, the applicant 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: - Liberty Bell Road, between the Arroyo Simi Flood Control Channel and the northerly tract boundary, shall be per Plate B -4A with full improvements constructed east of the centerline and 12 ft of paving west of the centerline. Between the northerly tract boundary and Los Angeles Avenue, Liberty Bell Road shall be improved with twenty -four (24) feet of paving and an A/C rolled curb and side- walk, on one side, as determined by the City Engineer. "A ", "B" %and "C" Streets shall be constructed per Plate B -5B. - A road 'shall be constructed, just south of the northerly tract boundary, to be per Plate B -3C. Said road shall consist of full street improvements south of the centerline, (the centerline shall be located on the northerly tract boundary). Improvement plans for said street shall be submitted along with tract improvement plans, but construction of the street may be deferred until such time that the adjacent property to the north or east develops, or until the City Engineer deems it necessary. If this road is to be utilized as a second emergency access, deferment of improvements must be approved by the Ventura County Bureau of Fire Prevention. That the deeds for all parcels contained within this subdivision shall contain a covenant requiring that the property owner waive their right to protest the formation of a future assessment district to fund the improvements of the east -west collector street described above. 38. That in conjunction with the recordation of the Final Map, the applicant 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. 59047A/G -5 Page 6 of 8- 39. That in conjunction with recordation, the applicant shall offer to dedi- cate on the Final Map to the City of Moorpark, a Public Service Easement as required. 40. That prior to any work being conducted within the - State or City right - of -way, the applicant shall obtain an Encroachment Permit from the appropriate agency. 41. That prior to the recordation of the Final Map, the City Engineer shall determine a cost estimate for the installation of the street improve- ments required for Liberty Bell Road, between Los Angeles Avenue and the northern boundary of the project. This cost estimate shall be deducted from this project's Los Angeles Avenue Area of Contribution fee require- ment. The balance of the AOC fee shall be paid prior to the recordation of the Final Map (lump -sum) or at the time each individual building permit is issued. Regardless of the method of payment chosen by the applicant, the balance of the required payment shall be based upon the then current Los Angeles Avenue Improved Area of Contribution fee rate. A reimbursement agreement shall be entered into between the City of Moorpark and the Cabrillo Economic Development Corporation (CEDC). This agreement will require that when properties east of and adjacent to Liberty Bell Road (APN's 506- 05 -04, -06 and -07) or any other property determined by the City to receive benefit from the required road improvements (see Condition No. 37), are developed, the property owner(s) of these properties will reimburse CEDC for the cost of the road improvement adjacent to their property. Upon receipt of the reimbursement funds, CEDC will transfer those funds to the City as payment of their portion of the AOC funds that were originally deferred for the road improvements. 42. That prior to issuance of building permit, the applicant shall indicate in writing td the City of Moorpark the disposition of any water wells that may exist within the site. If any wells are proposed to be aban- doned, or if'they are abandoned nd have not been propertly sealed, they must be destroyed per Ventura county Ordinance No. 2372. 43. That prior to the submittal of the Final Map, the applicant shall trans- mit 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. 44. That the applicant shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. 45. 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 sub- divider does not have title or interest sufficient for such purposes, the subdivider shall do all of the following at least 60 days prior to 59047A/G -6 Page 7 of 8.. - the filing of the final or parcel map for approval pursuant to Govern- - - ment Code Section 66457. a. Notify the-City of Moorpark (hereafter "City ") in writing that the subdivider wishes the City to acquire an interest in the land which is sufficient for such purposes as provided in Government Code Section 66462.5; b. Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the current fair market value of the interest to be acquired, and (iv) a current Litigation Guaran- tee 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. 46. If any grading occurs within the rainy season (October through April) , erosion control plans shall be submitted concurrently with the improve- ment plans. 47. That prior to recordation, the applicant shall submit to the City of Moorpark, and Ventura County Flood Control District, 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, drain- age areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. 48. That in conjunction with recordation, the applicant 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. 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. 49. That prior to any work being conducted within Arroyo Simi channel, or existing or proposed right -of -way, the applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit. 59047A/G -7 Page 8 of 8 50. That in conjunction with recordation, the Developer shall offer to dedi- cate on -the Final Map to the Ventura County Flood Control- District a storm drainage easement of sufficient width to permit necessary ultimate right -of -way for the - Arroyo Simi Channel in accordance with the approval of the Flood Control District. 51. That prior to recordation, the applicant shall demonstrate feasible access with adequate protection for a 10 -year frequency storm to the satisfaction of the City of Moorpark. 52. That prior to recordation, the applicant 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. 53. That prior to the recordation of the Final Map, the applicant shall submit evidence that all requirements set forth in City of Moorpark Ordinance 42 (dealing with flood damage protection) have been met. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS: 54. That the land currently within the existing 160 foot easement for the Arroyo Simi shall be dedicated to the Ventura County Flood Control District in fee. 55. That the land exterior of the Ventura County Flood Control District (VCFCD) existing right -of -way but within the proposed right -of -way as indicated on VCFCD Drawing Y -3 -2102 be offered for dedication to the VCFCD) as a flood control easement. 56. That the development shall be protected from the occurrence of a 100 - year flood in the Arroyo Simi in a manner satisfactory to the VCFCD. MOORPARK UNIFIED SCHOOL DISTRICT CONDITION: 57. That prior to the recordation of the final map, the applicant shall pro- vide to the satisfaction of the school district, adequate turning area to accommodate a school bus at the end of Liberty Bell Road. ADDITIONAL COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 58. That in accordance with Section 8297 -4.5 of the Moorpark Zoning Ordi- nance, this project's Quimby land dedication requirement shall be satisfied in the following manner: a. That the project shall receive credit for 50% of the dedication requirement based upon land being used and improved for private open space /recreation uses. b. The remainder of the dedication requirement will not be required as a concession in -lieu of an additional density bonus. 59047A/G -8 _ CONDITIONS FOR: Residential - Planned Develop- APPLICANT: Cabrillo Economic ment Permit No. 1049 Development Corp. DATE: February 12, 1986 PAGE: 1 of 7 COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS: 1. That the permit is granted for the land as described in the application and any attachments thereto, and as shown on the plot plan submitted, labeled Exhibit 5. 2. That the permit is granted foi roadways, landscaping and other tially as shown on Exhibits 5, otherwise herein. all of the buildings, fences, signs, features which shall be located substan- 6, and 7, except or unless indicated 3. That the elevations and floor plans of all buildings shall be substan- tially in conformance with the elevation plans and floor plans labeled Exhibits 6 and 7. 4. That subsequent to occupancy, minor changes or additions to approved structures, fences, etc., or the construction of patio covers and acces- sory structures may be approved by the Community Development Director through issuance of a zone clearance provided that the minor change clearly does not affect the design, integrity, or quality of the devel- opment; and is consistent with the regulations of the City Zoning Ordinance. Minor changes which do not meet these criteria will require a minor modification of the permit to be considered by the Community Development Director. Any changes determined to be major by the Com- munity Development Director will require the filing of a modification application to be considered by the Planning Commission. 5. That the final design of all buildings, communal open spaces, recre- ational facilities, walls and fences including materials and colors, is subject to the approval of the Community Development Director. 6. That all requirements of any law or agency of the State, Ventura County, and City of Moorpark, and any other governmental entity shall be met. 7. That applicant agrees as a condition of issuance (or renewal) for the use of this permit, to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit, or in the alternative, to relinquish this permit. Applicant will reimburse the City for any court costs and /or attorney's fees which the City may be required by a court to pay as a result of any such action. City may, at its sole discretion, participate in the defense of any such action, but such participation shall rcpt relieve applicant of his obligations under this condition. 8. That prior to construction, a zone clearance shall be obtained for each unit from the Community Development Department and a building permit shall be obtained from the Building and Safety Division. 59047A/H -1 .--Page-2 of 7 9. That no zone clearance shall be issued for this permit until Tract Map No. 4147 has been recorded. 10. That unless a zone clearance for a unit is issued within thirty -six (36) months after the date the permit is granted, this permit shall automat- ically expire on that date. The Community Development Director may, at his discretion, grant two separate 12 month extensions for issuance of a zone clearance for a unit, provided: a) the application for extension is made prior to the expiration of the initial thirty -six (36) months; b) there has been no change in the approved plans; c) there has been no change of circumstance which will prevent the preservation of the integ- rity, 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 per - mittee has diligently worked toward initiation of construction of each phase of the development during the initial thirty -six (36) month period. 11. That signs are subject to the regulations of Article 25 of the Moorpark Ordinance Code. 12. That a transfer of this permit shall not be effective until the name and address of the transferee and date when such transfer shall be effec- tive, together with a letter from the new owner certifying agreement to comply with all conditions of the permit is filed with the Community Development Director. 13. That the project is subject to all applicable regulations of the "R- P -D -7U" (Residential Planned Development, seven dwelling units per acre) zone. 14. That prior to issuance of the first zone clearance, a landscaping, planting and irrigation plan, together with specifications and a mainte- nance program, shall be prepared by a State - licensed landscape archi- tect. The IYentura County Guide to Landscape Plans, dated July 1982, shall be used. The landscaping plan shall show typical planting within the front yards of all residential lots in the subdivision and street trees along Liberty Bell Road. Landscaping in these areas shall incorporate drought resistant and native plant materials as feasible, and shall be chosen to insure adequate erosion control, and to mitigate the visual impacts of all man -made slopes three feet or more in height. Prior to preparation of the landscaping plan, the landscape architect shall consult with the Director of Community Development regarding species to be planted and the overall landscape concept to be used. Three sets of plans shall be submitted for approval to the Director of Community Development. The applicant shall bear the total cost of such review and of final installation inspection. 59047A/H -2 -- -Page -3 of 7 Landscaping installation shall be installed according to the following schedule: o Front Yards - Within 60 days of the issuance of the certifi- cate of occupancy for the affected lot. o Slopes /Street Trees - Prior to the issuance of the first occupancy permit. Hydroseeding of brush cleared areas is subject to the standards of the Ventura County Fire Protection District. 15. That prior to issuance of the first zone clearance, the developer shall submit a plan showing fencing along the side and rear yards of each residential lot. Said fencing plan shall identify the location and materials to be used and shall be approved by the Planning Commission. If wood fencing is to be used, galvanized steel posts shall be incorpor- ated into the fence design. Said fencing shall be completed prior to the issuance of a certificate of occupancy for the affected lot. 16. Prior to the issuance of the first zone clearance, a plan showing the location of mail boxes shall be submitted to the Community Development Director for approval upon review by the Moorpark Postmaster. 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: 1) Low flush toilets (not to exceed 1 -1/2 gallons). 2) Shower controllers. 3) Stoves, 'ovens and ranges, when gas fueled, shall not have contin- uous burning pilot lights. 4) All thermostats connected to the main space heating 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. 18. That gutters and downspouts shall be provided over all garage doors and front entryways, unless covered. 59047A/H -3 - -- Page 4 of 7 19. That patio covers shall conform to the "Patio Cover Policy "_ adopted by the City Council on May 15, 1985. The required patio cover setback of 10 few shall be measured -from the rear property line., Accessory struc- tures shall be located a minimum 5 feet from the rear and side property line. Patio covers and accessory structures shall cover no more than-40 percent of the provided rear yard area. 20. That prior to issuance of the zone clearance of each unit, an "Uncondi- tional" Will -Serve Letter for water and sewer service shall be obtained from Ventura County Waterworks District No. 1. 21. That all first time sales of the residences within this subdivision shall be sold exclusively to households of very low or low income as defined by the Department of Housing and Urban Development. All units shall be owner occupied. 22. That prior to the resale of any unit within this subdivision, the pro- spective buyer and /or seller shall provide the following information to the Department of Community Development. o Selling price of the unit offered for sale. o Statement of combined annual income for the household pur- chasing the unit offered for sale. o An independent appraisal of the market value of the unit offered for sale. o New owners must execute waivers of their right to protest the formation of assessment districts for bicycle path and equestrian trail improvements (Tract 4147 Condition No. 18) and future street improvements (Tract No. 4147 Condition No. 37). 23. After receipt of the information required by Condition No. 22, the City shall determine if the prospective buyer has a combined household income level of "very -low" or "low" as defined by the Department of Housing and Urban Development. The City shall also determine if the selling price of the unit is for an amount not to exceed the market value specified by the independent appraisal. If the City approves the sale of the unit based on the above information and determinations, any outstanding Community Development Block Grant deferred loan money shall be "rolled - over" to the prospective buyer. If the City does not approve either the prospective buyer or selling price, based on household income or unit selling price, the seller of the house may find a new prospective buyer, or pay back to the City the outstanding balance and accumulated interest on the CDBG deferred loan. In order to approve the sale of any unit, the City must also determine that at least 20% (12 units) of the project are presently occupied by households with very low or low incomes as required by Condition No. 20 of Tract 4147. 59047A/H -4 -Page 5 of 7 - 24. That the 78.5 foot wide Flood Control easement area adjacent to Lots 27, 28, and _56 -62 shall be designated as _ a recreation area by a covenant on the -property deed, consistent with the requirements of the Flood Control easement. 25. That prior to the issuance of the last occupancy permit, all park facilities shall be installed and approved by the City of Moorpark. 26. That prior to recordation of the Tract Map, the subject property, including a maintenance easement for the private park, shall be annexed to City Assessment District 85 -1. The proposed private park facility shall be maintained to City standards by the residents of the project. The City Assessment District 85 -1, shall provide for park maintenance of this area, to be activated as necessary at the City's option, should the homeowners not maintain the area in a satisfactory manner. Residents of the project may be assessed a separate assessment fee, above and beyond the standard City -wide assessment, for maintenance of this private park. 27. That the only approved use of the recreation area is for passive and active recreation related uses. Other uses and structures not specified in the approved plan are not permitted without first obtaining a minor modification of this permit. 26. That prior to the issuance of a zone clearance for Lot No. 1, plans shall be approved by the Director of Community Development for the reorientation of the residence. The driveway for the unit shall be moved so that ingress /egress is from "B" Street. VENTURA COUNTY SHERIFF'S DEPARTMENT CONDITIONS: 29. That a•licensed security guard is recommended during the construction phase, or a 6; foot chainlink fence will be erected around the construc- tion site. 30. That construction equipment, tools, etc., will be properly secured during non - working hours. 31. That all appliances (microwave ovens, dishwashers, trash compactors, waterheaters, etc.) will be properly secured prior to installation during non - working hours. All serial numbers will be recorded for identification purposes. 32. That landscaping will not cover any door or window. 33. That landscaping at entrances /exists or at any intersection will not block or screen the view of a seated driver from another moving vehicle or pedestrian. 34. That prior to issuance of the first zone clearance, landscaping plans shall be submitted to the Sheriff's Department for review and approval. 59047A/H -5 Page 6 of 7 35. That addresses will be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 36. That address numbers will be a minimum of 4" in height and capable of being illuminated during hours of darkness. 37. That front door entrances will be visible from the street. 36. That all exterior doors will be constructed of solid wood core with a minimum thickness of 1 -3/4 ". 39. That doors utilizing a cylinder lock shall have a minimum five (5) pin - tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one inch. 40. 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. 41. That prior to occupancy by the owner, each single unit in the tract shall have locks using combinations which are interchanged free from locks used in all other separate dwellings. MOORPARK UNIFIED SCHOOL DISTRICT CONDITION: 42. That prior to the issuance of a building permit for any dwelling unit within Tract 4147, arrangements shall be made with the Moorpark Unified School District for payment of all necessary school facilities fees. ADDITIONAL CITY ENGINEER CONDITION 43. That prior to the recordation of the Final Map, the City Engineer shall determine a cost estimate for the installation of the street improve- ments required for Liberty Bell Road, between Los Angeles Avenue and the northern boundary of the project. This cost estimate shall be deducted from this project's Los Angeles Avenue Area of Contribution fee require- ment. The balance of the AOC fee shall be paid prior to the recordation of the Final Map (lump -sum) or at the time each individual building permit is issued. Regardless of the method of payment chosen by the applicant, the balance of the required payment shall be based upon the then current Los Angeles Avenue Improved Area of Contribution fee rate. A reimbursement agreement shall be entered into between the City of Moorpark and the Cabrillo Economic Development Corporation (CEDC). This agreement will require that when properties east of and adjacent to Liberty Bell Road (APNs 506- 05 -04, 06, and 07) or any other property determined by the City to receive benefit from the required road improvements (see Condition No. 37 of Tract 4147) are developed, the property owner(s) of these properties will reimburse CEDC for the cost of the road improvement adjacent to their property. Upon receipt of the 59047A/H -6 Page 7 of 7 reimbursement funds, CEDC will transfer those funds to the City as payment of their portion of the AOC funds that were- originally deferred tar the road improvements. ADDITIONAL COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 44. That prior to the issuance of a zone clearance for each unit, the appli- cant shall secure from the prospective purchaser of the home, a written statement waiving the right of the purchaser to protest the formation of an assessment district to fund the improvements of the east -west col- lector street. 45. That prior to the issuance of a zone clearance for each unit, the appli- cant shall secure from the prospective purchaser of the home, a written statement waiving the right of the purchaser to protest the formation of an assessment district to fund the installation of the equestrian trail and bike path. 46. That the proposed project shall be subject to all provisions of the Moorpark Zoning Ordinance relating to open space regulations (Section 8160 -2.10) as they apply to the "R -1" zone, or as they may be subse- quently amended. 47. That continued landscape maintenance of the recreation area and residential lots shall be subject to periodic inspection by the City. Project occupants shall be required to remedy any defects in ground maintenance, as indicated by the City Inspector, within two weeks after notification. 48. That all required yards, fences, parking areas, and common open spaces shall be improved as required by these regulations and shall at all times be mairitained in a neat and orderly manner appropriate for the "RPD" zone. 49. That interior garage measurements may be reduced to measure sixteen feet (16 ft) by nineteen feet 5 inches (19 ft 5 in.) as a development stan- dard waiver consistent with Senate Bill 156 (Mello) enacted January 1, 1986. 59047A/H -7