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HomeMy WebLinkAboutRES CC 1988 442 1988 0120VTT 4338 ZC 2814 RPD 1069 RESOLUTION NO. 3n -442 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 PROJECTS, AND APPROVING VESTING TENTATIVE TRACT NO. 4338, AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -1069 ON APPLICATION OF URBAN WEST COMMUNITIES. WHEREAS, at duly notice public hearing on December 9, 1987, the Moorpark City Council considered the subject application for the rezoning of a 8.49 acre parcel from the "P -C'f (Planned Community) to the RPD -6.5U (Residential Planned Development, 6.5 Units to the Acre) zone; the subdivision of the subject parcel into 55 lots; and a Residential Planned Development permit to construct 55 single family dwellings 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 this proposed project 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 the project and pursuant to Section 15162 of the State CEQA Guidelines, that this body has reviewed and considered the information contained therein and endorses the reasons which have been given in the staff report 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 November 2, 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 -4338 subject to compliance with all the conditions attached hereto. (Exhibit 1) VTT 4338 ZC 2814 RPD 1069 SECTION 4. The City Council hereby approves of Residential Planned Development Permit No. PD -1069, subject to compliance with all conditions attached hereto (Exhibit 2). The action with the foregoing direction was approved by the following roll call vote; AYES: NOES: ABSENT: PASSED, AND ADOPTED this ATTEST: amo510.mem 20ch day of .January 1988. -2- Mayor MOORPARK JOHN GALLOWAY Mayor ELOISE BROWN Mayor Pro Tem CLINT HARPER, Ph D. Councilmember JOHN PATRICK LANE Councilmember MAUREEN W. WALL City Clerk THOMAS P. GENOVESE City Treasurer STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police I, Maureen W. Wall, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 88 -442 was adopted by the City Council of the City of Moorpark at a meeting held on the 20th day of _ _january , 1988, and that Z"he same was adopted by the following vote AYES: Councilmembers Brown, Harper, Lane and Mayor Galloway. NOES: None. ABSENT: None. ABSTAIN: None. WITNESS my hand and the official seal of said City this _ 22nd January 1988 day of (seal) 799 Moorpark Avenue Moorpark, Califomia 93021 (805) 529 -6864 Exhibit 1 Vesting Tentative Tract Map 4338 Urban West Communities November 2, 1987 COMMUNITY DEVELOPMENT DEPARTMENT 1. The Conditions of approval of this Vesting Tentative Map supersede all conflicting notations, specifica- tions, dimensions, typical sections and 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 Iaap shall be deemed to be -acceptance of all conditions of this map by the applicant and with full understanding, concurrence and acceptance of the fact that there is no implied guarantee that the difference in unit density shown on the revised specific plan dated 11 -4 -85 for the subject site and that which is approved under this tract shall automatically be transferred to other undeveloped and unapproved area(s) of Planned Community No. 3. 4. The development shall be subject to all applicable regulations of the Residential Planned Development Zone. 5. No zone 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 zone 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 cf an allocation and a zone clearance. 6. Prior to approval of Final Map, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed subdivision have 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 -1- Vesting Tentative Tract Map 4338 Urban West Communities November 2, 1987 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 one phase as indicated on the Vesting Tentative Tract Map. 9. Prior to approval of Final Map, the subject Vesting Tentative Tract shall be annexed to the Homeowners Association of Tract 4001. 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. 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 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 such that units already occupied will not lose water service during testing of any new or subsequent development. -2- ,r Vesting Tentative Tract Map 4338 Urban West Communities November 2, 1987 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 Waterworks 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 41. Said agreements shall be for improvements as approved by the Waterworks District Engineer Manager. FIRE DEPARTMENT CONDITIONS 15. That access roads shall be installed with an all weather surface, suitable for access by fire department apparatus. 16. That prior to approval of the Final Map, street names names shall be submitted to the Fire Department Communication Center for review. 17. That street signs shall be installed prior to the first occupancy permit requested. 18. That prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for the approval of the location of fire hydrants showing existing hydrants within 500 feet of the development on the plan. 19. That a minimum fire flow of 1000 gallons per minute shall be provided at this location. 20. 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 2 -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. -3- Vesting Tentative Tract Map 4338 Urban West Communities November 2, 1987 d. Fire hydrants shall be 24" on center recessed in curb face. 21. 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. 22. That an approved spark arrester shall be installed on the chimney of any structure. 23. That address numbers, a minimum of 4" high shall be installed prior to occupancy 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, tha address number(s) shall be posted adjacent to the driveway entrance. CITY ENGINEER 24. 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 drain pipes. 25. 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. 26. 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. -4- Vesting Tentative Tract Map 4338 Urban West Communities November 2, 1987 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: - The sidewalk on the west side of Walnut Creek Drive shall be completed between Sunnyglen Drive and Hillside Drive per Plate E -5. Plate B -5B: "A" Street, "B" Street and "C" Street. - All driveways per Plate E -1. - Any resulting street pavement patches shall be repaired before final acceptance of improvements such that the patch outline cannot be seen. 27. That prior to approval of 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. 28. 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. 29. That prior to approval of Final Map, the developer shall dedicate on the Final Map to the City of Moorpark the access rights adjacent to Walnut Creek Drive along the entire frontage of the parent parcel except for approved access road(s) as delineated on the approved Tentative Maps. 30. That prior to approval of Final Map, the developer shall demonstrate for each building pad to the satisfaction cf 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 Ventura County Standards. -5- vesting Tentative Tract Map 4338 Urban West Communities November 2, 1987 31. 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 to 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. 32. That prior to 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. 33. 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. 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. 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; zlm Vesting Tentative Tract Map 4338 Urban West Communities November 2, 1987 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. 36. 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. Storm drain systems shall be sized such that all sumps shall carry a 50 -year frequency storm, all catch basins on continuous grades shall carry a 10 -year storm, and all culverts shall carry a L00 -year frequency storm. 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; -7- Vesting Tentative Tract Map 4338 Urban West Communities November 2, 1987 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 what local, residential streets shall have one travel lane available wherever possible. The existing storm drain east of lots 37 -40 shall be entirely relocated into Walnut Creek Road southerly of lot 40, the storm drain shall be relocated to within the right -of -way of "A" Street and shall proceed west to a point opposite lot 7 or 8 where it will then proceed south to the point where the existing storm drain leaves the subject tract. The connection between the line in "A" Street and the junction with the existing storm drain shall result in lot configurations to be approved by the City Engineer and Director of Community Development. A 25 foot wide easement shall be dedicated to the City providing adequate access to the storm drain as it ultimately traverses lot 7 or 8. The junction structure at the tract boundary shall be located outside the tract on School District property. The applicant shall request that the City abandon the existing easement adjacent to lots 1 through 8 and lots 37 through 40 except as may be needed to accomplish the relocation described above and the developer shall completely remove the existing 66 inch pipe in a manner acceptable to the City Engineer. Any existing pipe in the future right -of -way of "A" Street shall also be completely removed. The approved Final Map shall indicate the abandoned storm drain easement and the completely removed 66 inch pipe. All manhole lids shall be adjusted to grade and secured for vandal proofing in a manner approved by the City Engineer. a Vesting Tentative Tract Map 4338 Urban West Communities November 2, 1987 37. That prior to approval of Final Map, the developer shall submit to the City of Moorpark for review and approval by the City Attorney, evidence that the CC &R's will include provisions for maintenance of all landscape easements. 38. 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. 39. 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. 40. 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. 41. 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. 42. 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 as subdivider /developer 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.) 43. Deleted. Vesting-Tentative, Tract Map 4338 Urban West Communities November 2, 1987 date of last occupancy of Vesting Tentative Tract 4338. At the end of the above year period, the Director of Community Development shall determine if the sidewalk remains open with Homeowners association providing continued maintenance or closed. _ The developer shall provide a six (6) foot wide concrete sidewalk westerly from the easement to Mountain Meadows Elementary School and shall install a gated entry and any needed improvements at or in the existing school boundary fence and general location to the satisfaction of the Moorpark School District if and when the School District determines a need for such a walkway access. Improvements to any portion of the City park area to facilitate the school access shall be approved by the City. 50. The applicant shall request that the City consider providing access improvements to the park at the location between lots 17 and le called for in condition number 49 above. said improvements should provide for a physical transition from the and of "A" Street to the park, taking into account elevation changes and activity areas on the park grounds. Any improvements necessary shall be designed by a licensed landscape architect and submitted for review and approval by the City Engineer. The installation of the required improvements shall be the responsibility of the applicant. 51. Deleted. 52. 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 at the intersection of Walnut Creak Road and Tierra Rejada Road 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 signal at this intersection upon occupancy of the 600th singl4 family detached dwelling unit in the south village of PC -3 and opening of the Tierra Rejada Bridge or issuance of a zone ol*aranco in Tract 4338, whichever occurs first. in the avant signal warrants or the City Engineer determines the need for the referenced traffic signal prior to the above events, then the construction shall commence immediately by the developer. -11- Vesting Tentative Tract Map 4338 Urban West Communities November 2, 1987 44. Parcel "A" shall be designed so as to be 12 feet in width at "B" Street and 24 feet at Sunny Glen with a meandering lighted sidewalk. 45. That no lot shall have a width of less than forty (40) feet measured at the curbline except Lots 1, 21, 27, 28, 41 and 42. nBn Street shall be relocated easterly to provide increased lot curb line frontage for Lots 47 and 49 with final design to be approved by the City Engineer and Director of Community Development. 46. Deleted. 47. Dust and noise control during grading and construction shall be maintained to reduce impact on adjacent areas. 48. 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 Tract 4338 is proposing alterations to a section of the Peach Hill Drain. Therefore, prior to occupancy of the first unit for this Tract, 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 following development for that portion of Peach Hill Drain within the proposed Tract 4338 boundaries. 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. 49. The Vesting Tentative Map shall be revised to indicate a six foot wide easement granted to the city (three feet each from Lots 17 and 18) between lots 17 and 18 in order to provide access to the City park on the westerly tract boundary. Said easement shall be maintained by the Homeowners Association. The parcel shall be improved as a lighted sidewalk in a manner acceptable to the City Engineer, Director of Community Development and Sheriff's Department. The sidewalk shall be open to the public and maintained by the Homeowners Association for a period of one year from -10- If the developer constructs this traffic signal in fulfillment of this condition, then he shall not be required to pay the applicable A.O.C. fees for Tract 4339 as long as actual construction costs for the referenced traffic signal exoeed the then required A.O.C. fee payment. Upon acceptance of this traffic signal by the City, the amount of the required surety shall be reduced by the City in the equivalent amount. The surety does not take the place of the A.O.C. payment. if construction costs exceed the applicable A.O.C. fees from Tract 4338 than 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 this reimbursement 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 developeris reimbursement shall be postponed until funds later become available. If tbis developer for another projsot has Fostod a surety With the city for installation of the referenced signal, then a second such surety is not required so long as the other surety is in full force and effect. -12- Exhibit 2 Residential Planned Development 1069 Urban West Communities November 2, 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, B, C, D, 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 E 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 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, and 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 -1- Residential Planned Development 1069 Urban West Communities November 2, 1987 proposed to be located or will be detrimental to the public health, safety or welfare, and 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 not be subject to expiration. 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 developer 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 -2- Residential Planned Development 1069 Urban West Communities November 2, 1987 d. all thermostats connected to the main space heating source to have night set back features 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 matching exterior color of said units. Water shall be conveyed to the street in a manner approved by the City Engineer. 15. Minimum setbacks shall be as follows: a. Front yard - an average of 20 feet, ranging from 18 feet to 22 feet. b. Rear yard - 20 feet to the property line or retaining wall, whichever is closer as measured from the rear dwelling unit wall C. Side yard - 5 feet to the property line or retaining wall 16. If and where swimming pools and spas are installed, the setback from the pool to any wall of the house and any property line shall be a minimum of 5 feet. 17. Deleted. 18. Landscaping shall not physically obstruct any exterior door or window. 19. 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- Residential Planned Development 1069 Urban West Communities November 2, 1987 20. 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 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. 21. The developer shall prominently display, in the sales office, a copy of the Specific Plan under which this PD Permit is granted. 22. 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. Police Department 23. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contracting color. 24. Address numbers shall be a minimum of 4 inches in height and illuminated during the hours of darkness. 25. Front door entrances shall be visible from the street. 26. All exterior doors shall be constructed of solid wood core a minimum of 1 -3/4 inches thick. 27. 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. 28. 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. -4- Residential Planned Development 1069 Urban West Communities November 2, 1987 PRIOR TO ZONE CLEARANCE 29. 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 as subdivider /developer 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. (This condition shall not apply to future homeowners.) 30. That the final design of all buildings, common open space, walls and fences, including materials and colors shall be submitted to the Planning Commission for final review and approval. 31. 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 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 from occupancy of said lot. 32. That patio covers and accessory buildings shall be reviewed and approved by the Homeowners' Association prior to the issuance of a Zoning Clearance. -5- Residential Planned Development 1069 Urban West Communities November 2, 1987 33. That landscaping plans along Walnut Creek Road shall be submitted for all common open space areas for review and approval by the Parks and Recreation Commission. 34. That the applicant shall submit plans indicating architectural treatment of all sides of the houses for review and approval by the Planning Commission. 35. That the location and plans, including enclosures over and above the typical metal cabinets, for postal mail boxes shall be submitted for review and approval by the Director of Community Development and Post Master. 36. Deleted. 37. Deleted. 38. That prior to the 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, but no wood, except gates) and shall be approved by the Planning Commission. Said fencing shall be completed prior to the issuance of a certification of occupancy for the affected lot. Wrought iron fencing shall be provided with pilasters and three courses of masonry block. During Construction Police Department 39. A licensed security guard shall be provided during hours of non - production throughout the construction phase. 40. Construction equipment, tools, etc., shall be properly secured during non - working hours. 41. All appliances (microwave ovens, dishwashers, trash compactors, ets.) shall be properly secured in a building prior to installation during non - working hours. All serial numbers shall be recorded for identification purposes. Residential Planned Development 1069 Urban West Communities November 2, 1987 PRIOR TO OCCU 42. Prior to occupancy of any residential units under this RPD Permit, the applicant or successor in interest of the multi - family parcels in either the South village or West Village shall have a submitted and completed application for at least 90 units of multi - family development. 43. That no asbestos pipe or construction materials shall be used for this project entitlement without prior approval of the City Council. 44. That the applicant shall provide all the following notification methods to prospective home buyers of Lots 1 through 21, 40, 41, 42, 33 and 341 a. At the time the first building foundation is excavated t dfxg# sign shall be posted adjacent to the roadway between Lots 33 and 34 and such a sign shall be placed between Lots 17 and 18 which graphically shown the pathway between Lots 33 and 34 as a pedestrian passage and between Lots 17 and is as a public pedestrian easement for Park access. The signs shall be continually maintained until all lots are sold within Tract 4338. b. That the applicant shall cause the Department of Real Estate Report for Tract 4338 to disciosa the existance of the public park easement between Lots 17 and 18 plus the passage way between Lots 33 and 34. o. That the applicant shall provide written evidence of notice regarding the passage way and public park easement access prior to the start of escrow. A copy of which shall be provided to the city prior to occupancy of Lots 1 through 21, 40, 41, 42, 33 and 34. d. The applicant shall provide within the sales office a public display of the Tract Map clearly showing the passage way between Lots 33 and 34 and the public access easement between Lots 17 and 18. amoso9.mem �T�