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HomeMy WebLinkAboutRES CC 1987 430 1987 1109VTT 4342 ZC 2817 RPD 1072 RESOLUTION NO. 87 -430 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CERTIFYING THAT THE PLANNED COMMUNITY NO. 3 (MOUNTAIN MEADOWS) EIR ADEQUATELY ADDRESSES THE SUBJECT PROJECT, AND APPROVES VESTING TENTATIVE TRACT NO. 4342, AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -1072 ON APPLICATION OF URBAN WEST COMMUNITIES. WHEREAS, at duly notice public hearing on October 14, 1987, the Moorpark City Council considered the subject application for the rezoning of a 84.1 acre parcel from the "P -C" (Planned Community) to the RPD -3.1 (Residential Planned Development, 3.1 Units to the Acre) zone; the subdivision of the subject parcel into 181 lots; and a Residential Planned Development permit to construct 1796 single family dwellings and two neighborhood recreation complexes as part of the Mountain Meadow (PC -3) development on Peach Hill. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That this body after review and consideration of the Environmental Impact Report prepared for Planned Community No. 3 (Mountain Meadows) , finds that the environmental effects of these proposed projects are similar enough to warrant the same treatment in the EIR, and certify that the Planned Community No. 3 EIR adequately covers the impacts of these projects and pursuant to Section 15162 of the State CEQA Guidelines, that this body has reviewed and considered the information contained therein and endorses the reasons which have been given in the staff report for allowing the occurrences of the significant cumulative impacts identified in the EIR. SECTION 2. The City Council adopts the findings contained in the staff report dated September 28, 1987, which report is incorporated herein by reference as though fully set forth herein. SECTION 3. The City Council hereby conditionally approves Vesting Tentative Tract No. TR -4342 subject to compliance with all the conditions attached hereto. (Exhibit 1) -1- SECTION 4. The City conditionally approves Residential Permit No. PD -1072, subject to conditions attached hereto. (Exhibi the foregoing direction was approved call vote; VTT 4342 ZC 2817 RPD 1072 Council hereby Planned Development compliance with all t 2) The action with by the following roll AYES: Councilmembers Brown, Ferguson, Galloway, Lane and Mayor Harper. NOES: None. ABSENT: None. PASSED, AND ADOPTED this 9th day of NoveMber, 1987. ATTEST: cbt D Mayor Z ro City Clerk 0 awi246.con -2- EXHIBIT 1 Vesting Tentative Tract Map 4342 Urban West Communities September 28, 1987 COMMUNITY DEVELOPMENT DEPARTMENT 1. The Conditions of Approval of this Vesting Tentative Map supersede all conflicting notations, specifications, dimensions, typical sections of the like which may be shown on said map. 2. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 3. The developer's recordation of this map and /or commencement of construction consistent with the implementation of measure F and /or operations as a result of this map shall be deemed to be acceptance of all conditions of this map by the applicant. 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 and an allocation has been granted. Prior to the issuance of any permit, a zoning clearance shall be obtained from the Department of Community Development and a building permit shall be obtained from the department of Building and Safety only after the granting of an allocation and a zoning clearance. 6. Prior to approval of Final Map, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District and that arrangement for payment of the Construction Charge applicable to the proposed subdivision has been made. 7. The Vesting 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 a Vesting Tentative tract Map. All conditions which specify performance prior to Final Map approval can -1- Vesting Tentative Tract Map 4342 Urban West Communities September 28, 1987 also be satisfied by performance prior to recordation of each phase. 9. Prior to approval of Final Map, a Homeowners Association shall be created. Copies of the bylaws, covenants, conditions and restrictions (CC & R's) shall be submitted to the City Attorney for review and approval. The purpose of the Homeowners' Association shall be to oversee and maintain all recreation facilities, front yard landscaping, landscaped common areas, and to assure architectural compatibility with any new construction and remodeling within the project. The Homeowners' Association will be responsible for the maintenance of Parcel D in a manner acceptable to the Fire Department and City Engineer. A 100 foot fire protective buffer shall be provided, through brush clearance. Such buffer shall be maintained in a manner acceptable to the Fire Department. That the CC & R's shall evidence future participation in a City assessment district for the maintenance of all on -site open space areas, to be activated as necessary at the City's option, should the Homeowner's Association not maintain these areas in a satisfactory manner. Total cost of the maintenance shall be borne by the lot owners within Tract 4340. Prior to recordation of each phase the subject area shall be shown as a future annex area. 10. Prior to approval of Final Map or issuance of a grading permit, grading plans shall be submitted to the Director of Community Development and the City Engineer for review to insure that such plans meet with the purpose and intent of Measure F and the intent expressed in the Engineer's conceptual plans and /or the Vesting Tentative Map. 11. Prior to approval of Final Map, an unconditional availability letter shall be obtained from the County Water Works District No. 1 for sewer and water service for each lot. 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 the County Water Works 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 -2- Vesting Tentative Tract Map 4342 Urban West Communities September 28, 1987 lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate sewer service. 12. Valves and manholes shall be provided in all water lines for each phase such that units occupied in prior phases will not lose water service during testing of any new or subsequent phase. 13. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Water Works District No. 1. 14. That prior to approval of Final Map, agreements to install water and sewer improvements shall be executed by the Board of Directors for County Water Works District #1. Said agreements shall be for improvements as approved by the Waterworks District Engineer Manager. 15. Deleted. 16. That prior to approval of the Final Map the Peach Hill Watercourse shall be designed and installed as a condition of recommendation of this Vesting Tentative Tract Map. The design shall be subject to the review and approval of the parks and Recreation Commission with final approval by the City Council. A combined bicycle and pedestrian trail at least 16 feet wide shall be installed which accommodates pedestrian and bicycle users. 16a. That the developer shall submit an application for a planned development permit 'regarding the entire Community Focus (parcel A) within Tract 4342 before occupancy of any of lots 1 through 77 of Tract 4342. 16b. That no asbestos pipe or construction materials shall be used for this project entitlement without prior approval of the City Council. FIRE DEPARTMENT CONDITIONS 17. That access roads shall be installed with an all weather surface, suitable for access by Fire Department apparatus. -3- Vesting Tentative Tract Map 4342 Urban West Communities September 28, 1987 18. That when only one access point is provided the maximum length of such access shall not exceed 800 feet. 19. That approved turnaround areas for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 20. That prior to approval of Final Map, street names shall be submitted to the Fire Department Communication Center for review. 21. That street signs shall be installed prior to occupancy. 22. 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 showing existing hydrants within 500 feet of the development on the plan. 23. That a minimum fire flow of 1000 gallons per minute shall be provided at this location. 24. 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" wet barrel design, and shall have one 4" and 1 - 1/2" 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" on center recessed in curb face. 25. In all grass or brush exposed to any structure shall be cleared for a distance for 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 26. That an approved spark arrester shall be installed on the chimney of any structure. -4- Vesting Tentative Tract Map 4342 Urban West Communities September 28, 1987 27. That unless otherwise approved by the Fire Department address numbers, a minimum of 6" high shall be installed prior to occupancy and shall be 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 structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 28. That portions of this development may be in a hazardous area and those structures shall meet hazardous fire area building code requirements. 29. Deleted. 30. That a street width of 36 feet shall be provided. Courts C, K, M, O, and P may have a street width of 32 feet. CITY ENGINEER 31. Use of colored concrete (Omaha Tan by Davis Concrete or equivalent) shall be utilized in all concrete drainage ditches. 32. Portions of the proposed Vesting Tentative Tract Maps may fall within Zone A (100 year flood plain) of the Arroyo Simi. Prior to approval of Final Map, the developer shall demonstrate to the satisfaction of the Ventura County Flood Control District that any such hazard has been eliminated in a manner acceptable to the District. 33. All common open space slopes along arterial and collector streets which are landscaped shall be covered with jute so that irrigation lines do not remain visible during initial growth of ground cover. 34. The developer's engineer shall prepare hydrology calculations, for review and approval by the County Flood Control District, indicating new drainage flows expected to leave Parcel F, upon complete development of Mountain Meadows. If such calculations indicate potential drainage or flooding problems off site, the developer shall propose mitigation measures for review by the City Engineer and Flood Control District and shall install any such improvements as may be required. -5- Vesting Tentative Tract Map 4342 Urban West Communities September 28, 1987 35. That prior to approval of Final Map, the developer shall submit to the City of Moorpark for review and approval, a grading plan consistent with Measure "F" prepared by a Registered Civil Engineer; shall obtain a Grading Permit; and shall post sufficient surety guaranteeing completion. Fine lot grading and drainage plans shall avoid, whenever possible, curb -cut drainpipes. 36. That prior to approval of Final Map, 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. 37. That prior to approval of Final Map, 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. Also, prior to approval of the Final Map, the Planning Commission shall approval final alignment of streets. 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: Plate B -5A: "B" Street, "F" Street, "G" Street between "H" Street and "I" Street, "H" Street between "A" Street and "G" Street, and I'L" Street between "J" Street and "H" Street Plate B -5B: "D" Court, "E" Street, "G" Street between "I" Street and "E" Street, "H" Street between "G" Street and "L" Street, "I" Street, "L" Street between "H" Street and "I" Street, "N" Street and "P" Court. Plate B -5C: "C" Court, "K" Court, "M" Court and "O" Court Modified Plate B -4A: "A" Street, "J" Street, and "Q" Street to be constructed with 43 foot right -of -way, as shown on the Tentative Map, with a 5 foot public service easement outside and adjacent to the right -of -way lines. Vesting Tentative Tract Map 4342 Urban West Communities September 28, 1987 A meandering sidewalk shall be constructed outside the right -of -way line along "A" Street, "J" Street, and "Q" Street. The design of the meandering sidewalk shall be reviewed and approved by the Director of Community Development. A Class II bike path shall be provided along "A" Street, "J" Street and "Q" Street. Parking shall be prohibited along these streets. The intersection of "A" Street and Tierra Rejada Road, and "Q" Street and Tierra Rejada Road, shall align with the entrances to the High School. - All driveways per Plate E -1. Tierra Rejada Road (Spring Road to Moorpark Road) One (1) month ( 30 days) prior to approval of the Final Map, the developer shall: A. Complete for approval by the City Council, a study for the widening of Tierra REjada Road between Spring Road and Moorpark Road from two to four travel lanes. This study shall include alignment, right -of -way, environmental and other considerations as determined necessary by the City Council after recommendation by the City Engineer; and B. Preliminary design of the improvements determined necessary by the City Council to provide for four travel lanes as referenced above, excluding the construction of the median. Prior to the issuance of the first zone clearance for the West Village (Tracts 4340, 4341 and 4342) the developer shall have prepared plans and specifications for the referenced improvements to the satisfaction of the City Engineer. Prior to the issuance of the 150th occupancy for the West Village, the developer shall complete construction of the referenced improvements as approved by the City Engineer. Acquisition of the right -of -way necessary for this improvement shall be the responsibility of the City. In the event said acquisition delays the construction of the project and the developer has reached the 150th occupancy in the West Village the developer shall be permitted to continue with additional occupancies. It is the responsibility of the developer to notify the City Council of its intended construction schedule in sufficient time to allow the City to acquire right -of -way and perform any other services such as plan check so as to not impact the developer's obligation to have construction completed by the 150th occupancy in the West Village. -7- Vesting Tentative Tract Map 4342 Urban West Communities September 28, 1987 For those improvement costs north of the ultimate center line of Tierra Rejada Road, the City shall condition the adjacent property owner to reimburse the developer for these costs at the time of development pursuant to applicable provisions of the State Map Act. For those improvement costs south of the ultimate center line of Tierra Rejada Road and /or outside of the City limits, the City will either utilize the applicable provisions of the State Map Act and/ or incorporate said costs into the Moorpark Road /Tierra Rejada Road Area of Contribution, any successor or complementary /supplementary method comparable to the existing Area of Contribution mechanism. Although curb, butter, and raised median will not be required, provisions must be made for future drainage and street light facilities. The design must provide for future widening to conform to either Plate B -2A or B -2B. The existing roadway shall be widened/ reconstructed per Plate B -2B, for a distance approved by the City Engineer, to provide sufficient pavement width to facilitate efficient intersection operation. It is intended that two travel lanes in each direction be provided as well as a westbound right turn lane. In the event that the traffic signal is installed at this intersection prior to completion of this work, the developer may be required to perform any necessary signal modifications /relocations. The developer shall receive reimbursement from available A.O.C. funds when funds are determined to be available by the City Council. This reimbursement shall not occur until other reimbursement obligations predating these reimbursements are met. In addition, in the event other traffic signals or other improvements funded by the A.O.C. are warranted as determined by the City Engineer then the developer's reimbursement shall be postponed until funds later become available. 38. That in conjunction with the approval of the Final Map, the developer shall offer to dedicate on the Final Map to the City of Moorpark for public use, all the public streets right -of -way shown on the Final Map. 39. 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. 40. That in conjunction with approval, the developer shall dedicate on the Final Map to the City of Moorpark the access rights adjacent to "A" Street, "J" Street and "Q" Street along the entire frontage of the parent Vesting Tentative Tract Map 4342 Urban West Communities September 28, 1987 parcel except for approved access road(s) as delineated on the approved Tentative Maps. 41. That prior to approval of Final Map, the developer shall demonstrate for each building pad to the satisfaction of the City of Moorpark as follows: a. Adequate protection from 100 -year frequency storm; and b. Feasible access during a 10 -year frequency storm. Hydrology calculations shall be per current Ventura County Standard. 42. That prior to issuance of a zone clearance for any building permit, the developer shall pay to the City of Moorpark the applicable contribution to the Moorpark Road /Tierra Rejada Road Area of Contribution (AOC). The actual payment shall be the then applicable fee rate at time of payment of the City for the AOC or its successor. It is acknowledged that the AOC is subject to periodic revision and is currently under review as a result of the findings of the 'Traffic Impact Study For Tracts 4340, 4341, and 4342' dated September 24, 1987 and to reflect known and updated construction costs including but not limited to the Tierra Rejada Road Bridge and Tierra Rejada Road median improvements. 43. That in conjunction with approval of Final Map, the developer shall offer to dedicate on the Final Map to the City of Moorpark, a Public Service Easement as required. 44. That prior to approval of Final Map, the developer shall indicate in writing to the City of Moorpark, the disposition of any water well(s) 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. 45. 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 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 or record. Written compliance shall be submitted to the City of Moorpark. Q� Vesting Tentative Tract Map 4342 Urban West Communities September 28, 1987 46. 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 (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 Guaranteed 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. 47. That prior to approval of Final Map, 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 improvement 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. -10- Vesting Tentative Tract Map 4342 Urban West Communities September 28, 1987 Hydrology shall be per current Ventura County Standard. Storm drain systems shall be per Ventura County Standards except as follows: a. all sumps shall carry a 50 -year frequency storm; b. all catch basins on continuous grade shall carry a 10 -year storm; C. all catch basins in a sump condition shall be sized such that depth of water at intake shall equal depth of approach flows; d. all culverts shall carry a 100 -year frequency storm; e. drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; f. under a 10 -year frequency storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available wherever possible. 48. That in conjunction with approval of the Final Map, the developer shall delineate on the Final 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 to be conducted within the Peach Hill Watercourse, the developer shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit. 50. That prior to approval of Final Map, 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 the landscape easements along Mountain Trail Street, "A" Street, "J" Street and "Q" Street. -11- Vesting Tentative Tract Map 4342 Urban West Communities September 28, 1987 That the CC & Res shall evidence future participation in a City assessment district for the maintenance of all on -site open space areas, to be activated as necessary at the City's option, should the Homeowners Association not maintain these areas in a satisfactory manner. Total cost of the maintenance shall be borne by the lot owners within Tract 4342. Prior to recordation of each phase the subject area shall be shown as a future annex area. 51. That prior to approval of Final Map, 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. 52. If grading is to take place during the rainy season, 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. 53. If the land which is to be occupied is in an area of special flood hazard, the developer shall notify all potential buyers of this hazard condition. 54. That 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, as a minimum, adequately maintained by property owners in good repair and clear to convey storm water. 55. That the developer shall construct any necessary drainage facility, including brow ditch and slope bench drainage channels. 56. That in order to reduce visual impacts, the developer shall construct all slopes with a "rounded -off" top and toe, shall blend graded slopes in with natural slopes, and shall also undulate and vary the angle of slope faces so as to break -up the appearance of otherwise flat and uniform slope faces on slopes over 25 feet in height. 57. A slough wall approximate 18" in height or french drain with curb outlet shall be constructed behind the back of the sidewalk where slopes are adjacent to sidewalk so as to reduce debris from entering sidewalk and streets at locations required by the City Engineer and -12- Vesting Tentative Tract Map 4342 Urban West Communities September 28, 1987 Director of Community Development. Wall material shall be approved by Director of Community Development. 58. 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 Public Works shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 59. Where roads are to be built requiring 4 inches of pavement, developer shall construct 3 inches of paving as an interim condition until all utility cuts or trenching is completed. The final 1 inch cap of asphalt shall be placed after all necessary trenching is completed. 60. Prior to zone clearance, the developer shall have prepared a geotechnical investigation with regard to liquifaction, expansive soils, and seismic safety. Per the City's safety element, this report shall be prepared by a Registered Professional Civil Engineer or Geologist. 61. All borrow /fill sites outside of tract or phase boundaries shall be shown on the Grading Plan. the City shall be notified 2 days prior to any import/ export operation and the route to be used shall be approved by City Engineer 62. No trees with a trunk diameter in excess of 4 inches shall be trimmed or removed without prior authorization of the City Council 63. Drainage for each phase shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval by the City Engineer for each phase. 64. Prior to approval of the Final Map, the developer shall post sufficient surety with the City in an amount determined by the City Engineer for construction of the traffic signals at the intersection listed below. The amount is currently estimated at $720,000 pursuant to the Moorpark Road /Tierra Rejada Road Area of Contribution (A.O.C.) Report. The developer shall be responsible for the commencement and completion of construction of the traffic signals at the intersection -13- Vesting Tentative Tract Map 4342 Urban West Communities September 28, 1987 of Tierra Rejada Road with each of the streets and according to the timing listed below. The developer shall not be required to pay the applicable A.O.C. fees as long as actual construction costs to date for the referenced traffic signals exceed the then required A.O.C. fee payment. As the signals are installed and /or the developer makes A.O.C. payments, the amount of the surety shall be reduced by the City in the corresponding amount. The surety does not take place of the A.O.C. payment. a. Walnut Creek Road - At the occupancy of the 600th single family detached dwelling unit in the South Village and opening of the Tierra Rejada Bridge or issuance of a zone clearance in Tract 4340, 4341, or 4342, whichever occurs first unless signal warranted or determined needed by the City Engineer. b. Mountain Meadow Drive - At the occupancy of the 600th single family detached dwelling unit in the South Village and opening of the Tierra Rejada Bridge or issuance of a zone clearance in Tract 4340, 4341, or 4342, whichever occurs first unless signal warranted or determined needed by the City Engineer. C. Peach Hill - At the occupancy of the 600th single family detached dwelling unit in the South Village and opening of the Tierra Rejada Bridge or issuance of a zone clearance in Tract 4340, 4341, or 4342, whichever occurs first unless signal warranted or determined needed by the City Engineer. d. Mountain Trail Street - At the occupancy of the 160th dwelling unit in the West Village or issuance of the first zone clearance in the Community Focus area of PC -3. e. "Q" Street /High School Main Entrance - At occupancy of the 200th dwelling unit in the West Village, issuance of the 300th zone clearance in the West Village, or when warrants are satisfied as determined by the City Engineer, whichever occurs first. -14- Vesting Tentative Tract Map 4342 Urban West Communities September 28, 1987 f. "A" Street /High School Faculty Entrance - At occupancy of the 200th dwelling unit in the West Village, issuance of the 300th zone clearance in the West Village, or when warrants are satisfied as determined by the City Engineer, whichever occurs first. The developer shall receive reimbursement from available A.O.C. funds when funds are determined to be available by the City Council. This reimbursement shall not occur until other reimbursement obligations predating these reimbursements are met. In addition, in the event other traffic signals or other improvements funded by the A.O.C. are warranted as determined by the City Engineer then the developer's reimbursement shall be postponed until funds later become available. 64A. Prior to approval of the final map, the developer shall post sufficient surety with the City in an amount determined by the City Engineer for construction of the traffic signal and related intersection improvements at Spring Road and Tierra Rejada Road. In the event that another developer has a surety in place with the City for this purpose, this requirement is suspended so long as the other surety is in place. The existing roadway shall be widened /reconstructed per Plate B -2B, for a distance approved by the City Engineer, to provide sufficient pavement width to facilitate efficient intersection operation. It is intended that two travel lanes in each direction be provided as well as a westbound right turn lane. In the event that the traffic signal is installed at this intersection prior to completion of this work, the developer may be required to perform any necessary signal modifications /relocations. Although curb, gutter, and raised median will not be required, provisions must be made for future drainage and street light facilities. The design must provide for future widening to conform to either Plate B -2A or B -2B. Prior to the first zone clearance for the West Village or occupancy of the last single family unit in the South Village excluding the model homesite, whichever occurs first, the developer shall construct all improvements necessary for the signalization of the Spring Road including all necessary street improvements at Tierra Rejada Road intersection. This requirement includes the acquisition of any necessary right -of -way. All signal costs will be deemed as a credit to the -15- Vesting Tentative Tract Map 4342 Urban West Communities September 28, 1987 required payments for the Moorpark Road /Tierra Rejada Road A.O.C. Other street costs along Embassy to be built by UWC (both north and south sides of Tierra Rejada Road) to be reimbursed per provisions of Map Act. 65. Prior to approval of Final Map, the Developer shall provide the City a surety in an amount acceptable to the City for improvements to the intersection of Los Angeles Avenue - Gabbert Road /Tierra Rejada Road. The Developer shall design and construct the improvements when deemed necessary by the City Engineer. If the improvements are not deemed necessary within two years following final occupancy of all phases of Planned Community No. 3 this condition will be void and the letter of credit will be returned. To assist the City Engineer in determining the need for intersection improvements, the Developer shall conduct morning and afternoon peak hour manual turning counts prior to the issuance of zone clearance for the 1st, 150th, 300th and 499th units in the West Village (Tract Nos. 43401 4341, and 4342), but no counts will be required prior to opening of the Tierra Rejada Road bridge. The intersection improvements contemplated may include but not be limited to the installation of northbound and southbound left turn phasing and the construction of northbound dual left turn lanes. 66. Deleted 67. The storm drain outlet between lots 156 and 157 draining towards the Arroyo Simi shall be further extended as may be required by the City Engineer and the Ventura County Flood Control District. The 20' wide easement between lots 156 and 157 shall be landscaped and maintained by the HOA. 68. "J" Street between "L" Street and Mountain Trail Street, and the remaining portions of "L" Street and Mountain Trail to "J" Street shall be completed concurrently with Phase 4. 69. The remaining portions of "J" Street and "A" Street from "J" Street to "H" Street shall be built concurrently with Phase 5. 70. Deleted -16- Vesting Tentative Tract Map 4342 Urban West Communities September 28, 1987 71. Prior to approval of Final Map, the developer shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns, agreeing to participate in the formation of an assessment district or other financing technique including but not limited to the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. [This condition shall not apply to future homeowners.] 72. Deleted. 73. Temporary construction fencing and dust control during grading shall be maintained to reduce impact on adjacent areas. 74. City of Moorpark Ordinance No. 42, and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of a watercourse is made. Proposed tracts 4340, 4341, and 4342 are proposing alternations to the Peach Hill Drain. Therefore, prior to occupancy of the first unit for these tracts, all necessary material required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the new 10, 50, 100, and 500 year flood plain locations along the Peach Hill Drain following development. This information will be forwarded by the City Engineer to the Federal Emergency Management Agency for review and updating of the National Flood Insurance Program maps. The developer will be responsible for all costs charged by the Federal Emergency Management Agency and the City's administrative costs. 75. Prior to approval of Final Map of any phase in West Village, The City and Ventura County Flood Control District shall enter into an agreement whereby it is clearly defined what maintenance will be performed on the retention basin park and upstream channel by the City and that work performed by the Ventura County Flood Control District. The Homeowner's Association and City as successor will maintain typical park improvements and drain improvements as agreed to by the City. The Ventura County Flood Control District will provide clean -up services for storm flow related damage and debris removal within an agreed response time as well as maintenance of typical drain and channel improvements. The developer, Homeowner's Association, -17- Vesting Tentative Tract Map 4342 Urban West Communities September 28, 1987 shall provide for a minimum of one (1) year of maintenance after acceptance of the improvements by the City and Flood Control District for the City portion of said maintenance. COUNTY OF VENTURA FLOOD CONTROL DISTRICT 76. If not already accomplished, the fully improved portion of Peach Hill Wash between Tierra Rejada Road and a point west of "F" Street should be offered for dedication to the VCFCD. 77. The channel as depicted by Section A -A on the tentative map should have the 100 -year flood plain defined and be contained in a flowage easement offered to the VCFCD. Maintenance of this channel is to be accomplished by others. 78. The Arroyo Simi is located adjacent to and north of the development. Those portions of this development that fall within the VCFCD's existing easement for the Arroyo Simi as well as additional lands necessary to contain the VCFCD's proposed channel to contain major flood flows shall be dedicated to the VCFCD in fee. Adjacent development shall be set back or proper protection from erosion to the satisfaction of VCFCD. 79. Any land rights indicated on drawing Y -3 -2102 which fall exterior of the lands required in 3. above shall be offered for dedication to the VCFCD as flood control easements. 80. A VCFCD permit shall be acquired prior to any work performed on VCFCD jurisdiction channels. 81. A service road shall be constructed on the east side of the Peach Hill Wash to the satisfaction of the VCFCD. 82. Deleted. 83. Deleted. 84. A crossing of Peach Hill Wash shall be provided in order to allow access to the service road referenced in 81 above from Dalaway Drive. 85. A VCFCD permit shall be acquired prior to any work performed on VCFCD jurisdiction channels. -18- EXHIBIT 2 Development Plan Permit 1072 Urban West Communities September 28, 1987 GENERAL CONDITIONS 1. The permit is granted for the land and project as described in the application and in the attachment thereto and as amended by the conditions herein. 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 Exhibits A, D, E, and F except or unless indicated otherwise herein and subsequently submitted for final City approval. 3. That the elevation of all buildings shall be substantially in conformance with the elevation plan labeled Exhibit M except that all building facades shall receive architectural treatment. 4. That any minor changes may be of Community Development. modification will require the application to be considered accordance with the implemen standards therein. approved by the Director However, any major filing of a modification by the City Council in tation of Measure F and 5. That all requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met. 6. That unless substantial dwelling unit construction has occurred on all phases within the tract not later than 36 months after the date the permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant one additional 12 month extension for issuance of a zoning clearance provided: a. the application for extension is made prior to the expiration of the 36 month period, b. there have been no changes in the approved plans, and 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 -1- Development Plan Permit 1072 Urban West Communities September 28, 1987 d. said application is consistent with the implementation process of Measure F, and e. once at least 40% of the units have received compliance review approval from all city departments and agencies; and are ready for immediate occupancy with utility meter installation approved, this RPD shall be valid for an additional 36 months from original approval date. 7. That all landscaping and planting in and adjacent to parking in vehicular area shall be contained within raised planters surrounded by 6" high concrete curbs. 8. That all utilities shall be placed underground. Any above grade utility fixtures shall be placed adjacent to landscaped areas and screened on three sides. 9. That signs are subject to City of Moorpark Ordinance Code Article 24, Sign Ordinance. Signs in excess of the ordinance will require a filing of a Conditional Use Permit. 10. That a transfer of this RPD 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 Director of Community Development and acknowledged. 11. That the development is subject to all applicable regulations of the "RPD" (Residential Plan Development) zone. 12. That all residential units shall be constructed employing state of the art energy saving devices as may be appropriate. These devices are to include, but are not limited to the following: a. low flush toilets (not -to- exceed 3 -1/2 gallons) b. shower controllers C. stove, 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 set back features -2- Development Plan Permit 1072 Urban West Communities September 28, 1987 e. kitchen ventilation system to have automatic dampers to insure closure when not in use f. solar panel stubouts 13. That patio covers and accessory structures shall conform to "R -1" (single- family) zone setbacks. No new second story decks shall be permitted to the original structure. 14. That gutters and downspouts shall be provided for all units. Water shall be conveyed to the street in a manner approved by the City Engineer. Fine lot grading and drainage plans shall avoid, whenever possible, sorb -cut drainpipes. 15. That front yard setbacks may vary according to the following: a. the minimum setback to the garage door shall be 20 feet; b. the minimum setback to a one story building shall be 15 feet; C. the minimum setback to a two story building shall be 20 feet; 16. Rear yard setbacks shall provide for at least 20 feet of flat usable yard as measured from the rear lot line. 17. If and where swimming pools and spas are installed, the setback from the pool or spa to property line shall be a minimum of 5 feet. 18. Deleted 19. Landscaping shall not obstruct any exterior door or window. 20. In the event of the unforeseen encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation shall cease in the immediate area, and the find left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate and make recommendations as to disposition, mitigation and /or salvage. The developer shall be liable for costs associated with the professional investigation. -3- Development Plan Permit 1072 Urban West Communities September 28, 1987 21. The applicant shall prior to the issuance of a zone clearance execute a covenant running with the land on behalf of itself and its successors, heirs and assigns agreeing to participate in the formation of an assessment district or other financing technique including but not limited to the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. Traffic mitigation fees shall be used for projects such as, but not limited to, the extension of New Los Angeles Avenue. 22. A Tree Report identifying all trees and the removal of any trees exceeding 4 inches in diameter must be submitted to the Department of Community Development for approval. All trees removed shall be replaced with an amount of dollar value equivalent to each tree removed by providing additional landscaping within the project. 23. The permittee agrees as a condition of issuance and 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, in relinquish this permit. Permittee 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. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligations under this condition. 24. No later than the issuance of the combined 50th occupancy permit within Tract Nos. 4340, 4341 and 4342, the developer, any subsequent owner of a multi - family parcel within PC -3 or a combination of the developer and one or more subsequent owners, as applicant, shall (i) apply for appropriate subdivision and land use development entitlements for a total of at least 200 units of multi - family units within PC -3 in accordance with the Mountain Meadows Community Plan and (ii) commencing with the filing period immediately following the approval or conditional approval of the entitlements and, as needed, continuing with each successive filing period, apply for a residential development allotment under Measure F equal to the total number of multi- family units authorized by the entitlements. From the time that any allotment for multi - family units is awarded until the time that the -4- Development Plan Permit 1072 Urban West Communities September 28, 1987 occupancy permits for all of those units are issued, zone clearance building permits for single- family units within Tract Nos. 4340, 4341 and 4342 shall not be issued in greater number than the building permits for the multi - family units. 24a. That no asbestos pipe or construction materials shall be used for this project entitlement without prior approval of the City Council. 24b. That Class II bicycle path shall be provided on all collector streets. PRIOR TO ZONING CLEARANCE 25. That the final design of all buildings, common open space, recreational facilities (Exhibits Q -1 through Q -5), walls and fences (Exhibits N and O), including materials and colors shall be submitted to the Planning Commission for final review and approval. a. 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 (wrought iron, pilasters, masonry, etc, but no wood except gates) and shall be approved by the Planning Commission. Said fencing shall be completed prior to the issuance of a certificate of occupancy for the affected lot. Wrought iron fencing shall be provided with pilasters and three courses of masonry block where approved by City except slope areas. 26. That a landscaping, planting and wall plan, together with specifications and a maintenance program shall be prepared by a State License Landscape Architect. The purpose of the landscaping will be: a. to enhance the quality of the development by landscaping front yards, b. to control erosion and mitigate the visual impacts of all man made slopes three feet or more in height, including the placement of approximately eighteen inch high masonry slough walls or french drain with curb outlet per the approval of the city engineer. Director of Community Development shall approve wall materials. -5- Development Plan Permit 1072 Urban West Communities September 28, 1987 C. to assure that some drought tolerant plants are utilized in the landscaping of the property. three sets of plans shall be submitted prior to issuance of a zone clearance and approved by the Director of Community Development. The applicant shall bear the total cost of such review and a final installation inspection. Said landscaping for all common areas shall be completed as outlined in the phasing plan with all landscaping installation completed within 30 days of the last occupancy permit for a phase. The front yard landscaping of each lot shall be completed within 30 days of occupancy of said lot. d. That the CC & RFs shall evidence future participation in a City assessment district for the maintenance of all on -site open space areas, to be activated as necessary at the City,s option, should the Homeowners Association not maintain these areas in a satisfactory manner. Total cost of the maintenance shall be borne by the lot owners within Tract 4340. Prior to recordation of each phase the subject area shall be shown as a future annex area. 27. That patio covers and accessory buildings shall be reviewed and approved by the Homeowners' Association prior to the issuance of a Zoning Clearance. 28. That plans, including site plan, landscaping, and architectural shall be submitted for each recreation lot and all common open space areas for review and approval by the Parks and Recreation Commission. 29. The developer shall prominently display, in the sales office, a copy of the Specific Plan under which this PD Permit is granted. 30. That prior to zone clearance the applicant shall submit plans indicating architectural treatment of all sides of the houses for review and approval by the Planning Commission. 31. That the location and plans, including enclosures, for postal mail boxes shall be submitted for review and approval by the Director of Community Development and Post Master. 0M. Development Plan Permit 1072 Urban West Communities September 28, 1987 32. That plans for shelters provided at bus stops shall be submitted to the Planning Commission for review and approval. 33. That the developer shall provide, for review and approval of the Director of Community Development and City Engineer, alternative light standards (poles and luminaries). 34. All structures including residential, shall be provided with automatic fire sprinkler systems in accordance with Ventura County Ordinance No. 14, unless a new, closer fire station is in operation prior to the issuance of a building permit. 35. The developer shall submit to the Director of Community Development for review and approval, a plan showing the mix of roof color and materials within each phase. 36a. Prior to issuance of the first zone clearance in the West Village, the developer shall: 1. Install the stub -in utility line service to the community park agreed to as part of The Major Modification of PC -3 approved by the City on November 4, 1985. 2. Provide improvement plans for the ultimate construction of the road to the community park extending from the faculty entrance of the high school to the west property line of the park in a precise alignment approved by the City Council. 3. Rough grade the road to the satisfaction of the City Council. This is intended to allow the passage of vehicular traffic in fair weather. Prior to issuance of the 100th zone clearance, the road shall be installed per plans approved by the City. The developer and City share equally (50/50) in the actual construction cost of the road. Construction cost shall include base and road surface material, curb, gutter and sidewalk, including any necessary grading and /or drainage facilities for this roadway and construction engineering. Construction costs do not include design engineering, grading or utilities. 36b. The developer shall have prepared plans and specifications for the improvements referenced in tracts 4340, 4341 and 4342 for Tierra Rejada Road to the satisfaction of the City Engineer. Prior'to the -7- Development Plan Permit 1072 Urban West Communities September 28, 1987 issuance of the 150th occupancy for the West village, the developer shall complete construction of the referenced Tierra Rejada Road improvements as approved by the City Engineer. Acquisition of the right -of -way necessary for this improvement shall be the responsibility of the City. In the event said acquisition delays the construction of the project and the developer has reached the 150th occupancy in the West Village the developer shall be permitted to continue with additional occupancies. It is the responsibility of the developer to notify the City Council of its intended construction schedule in sufficient time to allow the City to acquire right -of -way and perform any other services such as plan check so as to not impact the developer's obligation to have construction completed by the 150th occupancy in the West Village. 37. That prior to issuance of a zone clearance for any building permit, the developer shall pay to the City of Moorpark the applicable contribution to the Moorpark Road /Tierra Rejada Road Area of Contribution (AOC). The actual payment shall be the then applicable fee rate at time of payment of the City for the AOC or its successor. It is acknowledged that the AOC is subject to periodic revision and is currently under review as a result of the findings of the %Traffic Impact Study for Tracts 4340, 4341, and 4342, dated September 24, 1987 and to reflect known and updated construction costs including but not limited to the Tierra Rejada Road Bridge and Tierra Rejada Road median improvements. Police Department 38. Address shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 39. Address numbers shall be a minimum of 6 inches in height and illuminated during the hours of darkness. 40. Front door entrances shall be visible from the street. 41. All exterior doors shall be constructed of solid wood core a minimum of 1 3/4- inches thick or of metal construction. Front glass door(s) commonly used for entry are acceptable but should be visible to the street. -8- Development Plan Permit 1072 Urban West Communities September 28, 1987 42. 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 1 inch. 43. All residential sliding glass doors or windows shall be equipped with metal guide tracks at the top and bottom and be constructed so that the window or door cannot be lifted from the track when in the closed or locked position. 44. Upon occupancy by the owner or proprietor, each single unit in a tract shall have locks using combinations which are interchange free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies. During Construction Police Department 45. A licensed security guard shall be provided during the construction phase. 46. Construction equipment, tools, etc., shall be properly secured during non - working hours. 47. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured prior to installation during non - working hours. All serial numbers shall be recorded for identification purposes. Q�