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HomeMy WebLinkAboutRES CC 1986 348 1986 1103RESOLUTION NO. 86 -348 A RESOLUTION OF THE MOORPARK CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING THE APPLICATION FILED BY U.S. CONDOMINIUM CORPORATION REQUESTING APPROVAL OF VESTING TENTATIVE TRACT NO. TR -3049. ASSESSOR PARCEL NO. 500- 281- 13, -14. WHEREAS, at a duly noticed public hearing on September 24, 1986, the Planning Commission considered the subject application requesting approval of vesting tentative tract map to subdivide the property into 93-single family lots and 4 common area lots. Located west of the terminus of Loyola Street and fordham Street and just north of the CalTrans right -of -way. Happy Camp Canyon drainage channel parallels the east boundary of the site. The undeveloped Happy Camp Canyon Regional Park is located to the north of the site. Property to the east is developed with single family homes. WHEREAS, the Planning Commission, after review and consideration of the information contained in the staff report dated September 24, 1986, and information contained in the Mitigated Negative Declaration, has found that this project will not have a significant affect on the environment; and has reached its decision in the matter; WHEREAS, at a duly notice public hearing on October 20, 1986, the City Council considered the subject application, has received testimony regarding said project, has duly considered said proposed project, and has reached its decision; and WHEREAS, the City Council after careful review and consideration, has determined that the proposed project will not have a significant effect on the environment, has reviewed and considered the information contained in the Mitigated Negative Declaration, and has approved the Mitigated Negative Declaration as having been completed in compliance with CEQA and the State Guidelines issued thereunder; 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 October 20, 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 Permit No. TR -3049, 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 revocatioei of said permit. SEC'T'ION 3. 'That this resolution shall take effect immediately. SECTION 4. That the City Cle:rK shall certify to the passage and adoption of this resolution. PASSED AND ADOPTED this 3rd day of November 1986. ATTEST.• Mayor of the City of Moorpark, CA. O Deputy City ,.Clerk �� STATE OF CALIFORNIA ) COUNTY OF VENTURA ) Ss. CITY OF MOORPARK ) 0L 3kd;t I, Inez Bryson Cit� Cle of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 86 -348 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 3rd day of November , 19 86 and that the same was adopted by the following roll call vote: AYES: Mayor Ferguson, Councilmembers Woolard, Hartley NOES: Councilmember Prieto ABSENT: Councilmember Yancy- Sutton abstained from voting WITNESS my hand and the official seal of said City this 3rd day of November , 19 86 Cit.3f Clerk ORIGINAL F - RECEIVED - OCT 2 9 1986 CONDITIONS FOR: Tentative Tract Map 3049 APPLICANT: U.S. Condominiums CITY OF MOORPARK DATE: September 24, 1986 COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS: I. That the conditions of approval of this tract map supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map and that all of the provisions of.the Subdivision Map Act, City of Moorpark Subdivision Ordinance, and adopted City policies apply. 2. 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 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 remaining conditions or limitations set forth. 5. That no zoning clearance shall be issued for the companion entitlement until each phase of the final map that includes the units for which the clearances have been requested has been recorded. Prior to construction, a zoning clearance shall be obtained from the Community Development Department and a building permit shall be obtained from the Building and Safety Division. 6. 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. 7. That applicant's recordation of this map shall be deemed to be acceptance by applicant of all conditions of this map. 8. That all on -site utilities shall be placed underground. 9. Prior to recordation of the final maps, a Homeowner's Association shall be created. Copies of the By -laws, Covenants, Conditions, and Restrictions (CC and R's) shall be submitted to the Community Development Director for approval. The purpose of the Homeowner's Association shall be to oversee and maintain the on -site private recreational facilities, the open space area, on -site drainage facilities, with the exception of the County Flood Control District channel; the access road for fire protection, the construction of accessory structures, patio covers or remodeling within the project for its architectural compatibility with the existing units. Lots 94 through 97 shall be dedicated to the Homeowner's Association, and shall be preserved in undeveloped open space. These responsibilities shall be indicated in the CC and R's. Upon approval by both the Community Development Director and State Department of Real Estate, the CC and R's shall then be recorded. 10. That City Assessment District No. 85 -1 shall provide for the maintenance of all on -site open space areas, to be activated as necessary, should the Homeowner's Association not maintain these areas. Total cost of the maintenance shall be borne by the lot owners within the tract. 11. That 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. 12. Prior to recordation of the final map, an "Unconditional" Will -Serve Letter shall be obtained from County Waterworks District No. 1 for sewage and water service for each lot created. Said letter shall be filed with the Community Development Department. If said "Unconditional" Will -Serve Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District, the developer shall execute proper disposition of the site; and shall obtain the Community Development Director's written concurrence of the recommended disposition before undertaking development. 13. That if archaeological or historical artifacts are uncovered during grading operations, the developers shall ensure the preservation of the site; shall obtain the services of a qualified archaeologist to recommend proper disposition of the site; and shall obtain the Community Development Director's written concurrence of the recommended disposition before undertaking development. 14. That during grading of on -site roads and building pads, regular watering of unpaved areas shall occur to reduce fugitive dust emissions. 15. The tentative map shall expire three years from the date of approval. Failure to record a final map with the 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. CITY ENGINEERING CONDITIONS 16. 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. ( 17. That prior to any wor). being conducted- in Happy Camp drain, the developer shall obtain a Ventura County Flood Control District watercourse Encroachment Permit. 18. That lot to lot drainage easements and secondary drainage easements shall be delineated on the final map. Assurance shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. 19. That the developer shall construct any necessary drainage facilities, including brow ditch and slope bench drainage channels, with a permanent earthtone color(s) so as to minimize visual impacts. Said colors shall be submitted to the Director of Planning as part of the grading plan. 20. That in order to reduce the visual impacts of grading, the developer shall construct all slopes with a "rounded -off" top and toe and shall blend graded slopes in the natural slopes and shall also undulate and vary the angle of the slope faces so as to break up the appearance of otherwise flat and uniform slope faces on slopes over 25' in height. 21. Site distance.3 for turning movements in-;o and out of the intersection between lot numbers 93 and 76 and minimum street centerline radii shall meet the City's requirements and are subject to approval of the City Engineer. 22. No drainage water from a 50 year storm shall leave the tract along Loyola Street or Fordham St. 23. An 16 inch slough wall shall be constructed directly behind the sidewalk where toe of slopes are adjacent to the back of the sidewalk so as to reduce debris from entering streets. Said slough wall locations shall be shown on grading plan and are subject to approval of the City Engineer. 24. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 25. 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 Civil Engineer in the state or-California. The grading plan shall incorporate the recommendations of the approved soils report. 26. That prior to recordation, the developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements and shall post sufficient surety guaranteeing the construction of the improvements. The improvements shall include concrete curb and gutter, sidewalk, streetlights, striping and signing, and paving in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as follows: o Plate B -SA: Between Loyola Street and Fordham Street o Plate B- SB:All remaining interior streets o Existing Bridges over Flood Control Channel shall be improved to include concrete curb and gutter, sidewalk, paving per Ventura County Standards. 0 All cul de sacs per Plate C -2 or C -3. 27. That in conjunction with the recordation 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 street right -of -way shown on the final map. 28. That in conjunction with recordation, the developer shall dedicate on the Final Map to the City of Moorpark the access rights adjacent to "A" Street along the entire frontage of the parent parcel except for approved access roads and driveways for lots 86 - 93 and 57 - 61 as delineated on the approved tentative map. 29. That prior to any work being conducted within the State or City right of way, the developer shall obtain an encroachment permit from the appropriate agency. 30. That prior to recordation of final map for'each phase, the developer shall demonstrate for each building pad to the satisfaction of the City Engineer as follows: (1) Adequate protection from 100 -year frequency storm; and (2) Feasible access during a 10 -year frequency storm. 30.a The culvert beneath "A" Street shall be designed to carry a 100 -year frequency storm. 31. That prior to recordation, the developer shall demonstrate legal access for each parcel to the satisfaction of the City of Moorpark. 32. That prior to recodation of the final map for the first phase of the project, the developer shall provide the City with a letter stating agreement with the following require- ments: a. That prior to recordation of the final map for each phase, the developer shall deposit with the City an amount equivalent to the then current applicable rate for the Los Angeles Avenue Improvement Area of Contri- bution (AOC), but not less than $2,228.00 per dwelling unit, for the number of residential lots in each phase. b. The monies deposited pursuant to "a" above shall be in lieu of contributions to the existing Los Angeles Avenue Improvement AOC fund and shall be placed in a separate fund by the City for the purpose of studying and improving and alternate route to existing Los Angeles Avneue. All or part of these funds may be used for the purposes of the Los Angeles Avenue AOC upon a four- fifths (4/5) vote of the City Council. 33. That prior to recordation, the developer shall indicate in writing to the City of Moorpark, the disposition 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. Prior to the issuance of a zone clearance for the project, specifications for play equipment in the tot lots shall be submitted to the Parks and Recreation Commission for review and approval. 34. That prior to the submittal of the final map, the developer shall transmit by certified mail a copy of the conditionally approved tentative map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. 35. That prior to recordation the developer shall submit to the City of Moorpark for review and- approval, drainage plans, hydrologic, and hydraulic calculations prepared by a 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 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, drainage courses. 36. An erosion control plan shall be submitted for review and approval along with the grading plan. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. If any interim grading is to remain longer than 60 days, interim slopes shall be hydroseeded and irrigated until plantings are able to survive. 37. That the developer shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. 38. That prior to recordation, the developer shall submit to the City of Moorpark for review and approval, an Oak Tree Survey prepared by a qualified arborist, landscape architect, or other professional specializing in the morphology and care of oak trees. 39. That the 24" oak at southeast corner of the property be protected during construction by installation of a 5' high fence at a location of 5' outside of drip line. There shall be no disturbance of the oak tree inside the fence. As an alternative, developer shall meet with City Engineering staff to determine procedure by which the adjacent road be constructed while protecting oak per oak tree report by oak tree specialist. 40. Develops supply and install, at his expense, traffic control devices, stop signs at the locations requested by neighborhood citizens as follows: 1 -way Stop at N. Yale and Amherst St. N. Berkley and Westwood N. Berkley and Amherst (N & S) N. Columbia and Amherst St. N. Columbia and Loyola St. Amherst and Westwood St. Fordham and Westwood St. Westwood and Loyola St. N. Auburn and Loyola St. Purdue and Auburn Tulane and Purdue St. Tulane and Cambridge Cambridge and Campus Park Drive Yale and Auburn 3 way Stop at Loyola and Westwood Amherst and Westwood Loyola and Columbia 41. Prior to recordation, the developer shall address all concerns expressed by Cal -Trans regarding possible conflicts with the construction of the Highway 23 extension and the westerly portion of this project. This shall be done to the satisfaction of the City Engineer. If conflicts are not resolved between the developer and Cal- Trans, a statement of warning shall be included in the title report for each lot that could potentially be affected. 42. If any of the improvements which the subdivider is required to construct or install is 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 map for approval pursuant to Government Code Section 66457. a. Notify the City of Moorpark 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 market value of the interest to be acquired, (iv) 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 costs (including, without limitation, attorneys fees and overhead expenses) of acquiring such an interest in the land. 43. That no certificate of occupancy be granted for the entire project until the signalization and intersection improvements at Princeton and SR 118 are installed. If the signal is not installed by June 1987, the City Council may waive the requirement. WATER WORKS CONDITIONS 44. 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. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS: 45. That the site is subject to acreage assessment fees for flood control purposes. Prior to zone clearance of the final map for each phase, the Ventura County Flood Control acreage assessment fee requirement must be satisfied. 46. That in conjunction with recordation, the developer shall offer to dedicate on the Final (Parcel) Map to the Ventura County Flood Control District a storm drain easement of sufficient width to permit an ultimate right of way for the Happy Camp Drain in accordance with the approval of the Flood Control District. 47. Prior to recordation of the final map, the developer shall comply with all requirements set forth by Ventura County Flood Control District concerning the Happy Camp channel adjacent to this project site. 48. Prior to occupancy, the developer shall construct a 5 -foot chain link fence on the west side of the Happy Camp channel for the entire length of the channel fronting the project site. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS: 49. That all drives shall have a minimum vertical clearance of 13 feet, 6 inches (13'6 "). 50. That street signs within any phase of the project shall be installed prior to occupancy of any unit within the phase. 51. 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 380 feet of the development. 52. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design, and shall have one 4 inch and one 2-1/2 inch outlet. b. The required fire flow shall be achieved at no less than 20 per square inch 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 inch on center, recessed from the curb face. 53. That the minimum fire flow required shall be determined by the type of building construction, fire walls, and fire protection devices provided, as specified by the I.S.O. Guide for Determining Required Fire Flow. 54. 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. 55. That an approved spark arrester shall be installed on the chimney of any structure (California Administrative Code, Title 24, Section 2- 1217). 56. That a plan shall be submitted to the Ventura County Bureau of Fire Prevention for review indicating the method in which buildings are to be identified. 57. That portions of this development may be in a hazardous fire area that those structures shall meet fire zone 4 building code requirements. 58. That building plans of public assembly areas, which have an occupant load of 50 or more, shall be submitted to the Ventura County Bureau of Fire Prevention for review. 59. That any structure greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #14. 60. That a 100 foot buffer zone shall be established and maintained between the dwelling units and open space. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS: 61. Prior to the issuance of a building permit for any dwelling unit, payment of School Facility Fees shall be pursuant to Article 4, Chapter 9 of the Moorpark Ordinance Code. 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 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. PARKS AND RECREATION CONDITIONS 62. That a private recreational area shall be provided in the location shown on the tentative map. The private recreation area shall include a recreation building with a 1,000 sq.ft. meeting room, a 20 by 40 foot pool, a 12 -14 person sized jacuzzi, a 2,500 square foot fenced tot lot with equipment and sand base, and a picnic area with two 6' aluminum picnic tables, a double size family grill and two permanent 22 gallon litter receptacles,a full court basketball area, a parking lot for 10 cars and landscaped grassy area. Security lighting shall be provided. In the event that final pad sizes are less than a 5,000 square foot minimum, the project will return to the Parks and Recreation Commission for their review of the need for a second tot lot and picnic area in the Fordham cluster of 37 homes. 63. Requirement for in lieu fee payment. SHERIFF'S DEPARTMENT CONDITIONS 64. That a licensed security guard or fencing of the construction area be provided during the construction phase. 65. That for the purpose of providing security for the homeowners, the use of perimeter fencing be, evaluated by the Director of Planning and the Sheriff's Department and an administrative determination be made as to whether to require perimeter fencing. This determination shall be made in writing by the Director of Planning prior to the issuance of building permits. CITY COUNCIL CONDITION (Worded by City Engineer) 66. On the tract map, the developer shall irrevocably offer an easement for public street and highway purposes for a potential future access to Happy Camp Regional Park. This access shall also include right of way for a connection to "A" Street. Said easements are subject to the approval of the City Engineer.