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HomeMy WebLinkAboutRES CC 1990 673 1990 0516RESOLUTION NO. 90 -673 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 89- 4, VESTING TENTATIVE TRACT MAP NO. 4637 AND ZONE CHANGE NO. 89 -2 (UNDER SEPARATE ORDINANCE) URBAN WEST COMMUNITIES) WHEREAS, at a duly noticed public hearing on May 2, 1990 and May 16, 1990, the City Council considered the application filed by Urban West Communities, requesting approval of Residential Planned Development Permit No. RPD -89 -4 for construction of 257 townhouse units with three recreational areas, Vesting Tentative Tract Map No. 4637 for the residential townhouse lots and common open space areas, and Zone Change No. 89 -2 to change the existing zoning from PC (Planned Community) to RPD- 13.28u (Residential Planned Development) located south of Mountain Trail Street between Mountain Meadow Drive and Cedar Spring Street in the City of Moorpark. The Assessor's Parcel Number is 505 -0- 153 -01. WHEREAS, at its meetings of May 2 and 16, 1990, the City Council opened the public hearing, took testimony from all those wishing to testify and closed the public hearing; WHEREAS, the City Council after review and consideration of the information contained in the Staff Reports dated April 2, 5, 17, and May 8, 1990, and the Environmental Impact Report prepared for PC -3, has reached a decision on this matter; and WHEREAS, the City Council reviewed and considered the findings for the aforementioned permits in the Planning Commission staff report dated April 2, 1990. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council adopted the findings contained in the Planning Commission Staff Report dated April 2, 1990 which is incorporated herein by reference as though fully set forth. SECTION 2. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California), the City Council determined that the environmental issues, effects and mitigation of the proposed project is similar to those addressed in the EIR prepared for PC- 3 and that cumulative impacts are adequately addressed in the EIR. SECTION 3. That the City Council finds the proposed project is consistent with the City's General Plan. SECTION 4. That the City Council approves the following: a. Zone change No. 89 -2 (Under separate Ordinance) pursuant to the findings in the Planning Commission Staff Report dated April 2, 1990. b. Vesting Tentative Tract Map No. 4637 pursuant to the findings in the Planning Commission Staff Report dated April 2, 1990 with conditions as modified by the City Council. C. Residential Planned Development No. 89 -4 pursuant to the findings in the Planning Commission Staff Report dated April 2, 1990 with conditions as modified by the City Council. The action with the foregoing direction was approved by the following role call vote: AYES: COUNCILMEMBERS BROWN, HARPER, LAWRASON, MONTGOMERY AND MAYOR PEREZ NOES: NONE ABSTAIN: NONE ABSENT: NONE PASSED, APPROVED AND ADOPTED THIS 16th DAY OF MAY, 1990 ATTEST: Chairman presiding: Bernardo M. Perez, Mayor VESTING TENTATIVE TRACT MAP NO: 4637 APPLICANT: Urban West Communities DATE: April 16, 1990 COMIMITY DEVELOPMENT DEPARTMENT 1. The Conditions of Approval of this Vesting Tentative Map supersede all conflicting notations, specifications, 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 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. 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 after the granting of a zoning clearance. 6. Prior to recordation, 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 the 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. This tentative map expires three years after approval of the tentative map by the City Council. 8. Prior to the approval of the Final Map or issuance of a grading permit, grading plans shall be submitted to the VESTING TENTATIVE TRACT MAP N0: 4637 APPLICANT: Urban West Communities DATE: April 16, 1990 Director of Community Development and the City Engineer for review to insure that such plans meet with the purpose and the intent expressed in the Engineer's conceptual plans and /or Vesting Tentative Map. 9. Prior to approval of the Final Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Such 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 Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate water and sewer service. 10. At the time water service connection is made, cross connection control devices shall be installed in a manner approved by the County Water Works District No. 1. 11. That prior to the approval of the Final Map, agreements to install water and sewer improvements shall be executed by the Board of Directors of the Waterworks District as approved by the District Engineer Manager. 12. Building Standards for residential structures as provided under Chapter 2 -53 of Part 2 and Chapter 4 -10 of Part 4, of Title 24 of the California Administrative Code, shall be imposed on any future residential units constructed on the subdivision. 13. Prior to recordation, the access easements shown on the Tentative Map shall be recorded as nonexclusive easements insuring all property owners the right of ingress and egress at all times. 14. That the subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefor in Government Code 2 VESTING TENTATIVE TRACT MAP NO: 4637 APPLICANT: Urban West Communities DATE: April 16, 1990 Section 66499.37. The city will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: (a) The City bears its own attorney fees and costs; and (b) The City defends the claim, action or proceeding in good faith. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. The subdivider's obligations under this condition shall apply regardless of whether a final map or parcel map is ultimately recorded with respect to the subdivision. 15. The Final Map shall be recorded in phases as indicated on Exhibit No. 12 of the Planning Commission Staff Report (Phasing Plan) . All conditions which specify performance prior to recordation can also be satisfied prior to recordation of each phase. 16. No zoning clearance shall be issued for RPD89 -4 until all conditions required prior to map approval are completed. CITY ENGINEER CONDITIONS: PRIOR TO APPROVAL OF THE FINAL MAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 17. The applicant shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Registered Civil Engineer; shall obtain a Grading Permit; and shall post sufficient surety guaranteeing completion. 18. The applicant shall submit to the City of Moorpark for review and approval, a detailed Soils Report certified by a registered professional Engineer and Certified Engineering Geologist in the State of California. The report shall include a geotechnical investigation with regard to liquification expansive soils, and seismic safety. The applicant shall be responsible for all costs associated with the review and VESTING TENTATIVE TRACT MAP N0: 4637 APPLICANT: Urban West Communities DATE: April 16, 1990 approval of the Soils Report by outside consultants. The grading plan shall incorporate the recommendations of the approved Soils Report. 19. The applicant shall submit to the City of Moorpark for review and approval, street improvement plans for the interior access roads between Mountain Meadow Drive, Mountain Trail Street and Cedar Springs Drive, prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete these improvements; and shall post sufficient surety guaranteeing the completion of the improvements. a. For intersection sight distance reasons, it is recommended that the project entrance on Mountain Meadow Street ( "B" Street) be relocated from Blossomwood Court to Quailwood Street. If the entrance is not relocated, the landscaping plans and C.C. & R's will include provisions to maintain the proper intersection sight distance. 20. The applicant shall demonstrate for each building pad to satisfaction of the City of Moorpark as follows: a. Adequate protection from 100 -year frequency storm; b. Feasible access during a 10 -year frequency storm. Hydrology calculations shall be per current Ventura County Standards. 21. The applicant 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 area and patterns, diversions, collection systems, flood hazard areas, slumps and drainage courses. Hydrology shall be per current Ventura County Standards except as follows: a. All sumps shall carry a 50 -year frequency storm; b. All catch basins in a slump condition shall be sized such VESTING TENTATIVE TRACT MAP NO: 4637 APPLICANT: Urban West Communities DATE: April 16, 1990 that depth of water at intake shall equal depth of approach flows; C. All culverts shall carry a 100 -year frequency storm; e. drainage facilities shall be provided such that surface 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 where possible. 23. The applicant shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water 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. 24. The applicant shall submit to the City of Moorpark for review and approval, evidence that the CC &R's will include provisions for maintenance of the on -site private storm drainage system, sidewalks, intersection sight distance, and driveways. 25. The applicant shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street tights. 26. The applicant shall post sufficient surety guaranteeing completion of all improvements which revert to the City (ie. landscaping, parks, fencing, etc.) or which require removal (ie. model homes, temporary debris basins, etc.). VESTING TENTATIVE TRACT MAP N0: 4637 APPLICANT: Urban West Communities DATE: April 16, 1990 27. For any Final Map, or a Parcel Map ( containing f ive a more parcels), or any Parcel Map whereupon dedications are required to be offered, the applicant 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. 28. If any of the improvements which the applicant is required to construct or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of final or parcel map for approval pursuant to Government Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for such purposes as provided in Government Code 66462.5; b. Supply the City with (i) a legal description of 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 applicant will pay all of the City's costs (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. .113 aM.061,14a says VESTING TENTATIVE TRACT MAP NO: 4637 APPLICANT: Urban West Communities DATE: April 16, 1990 30. A meandering sidewalk on Mountain Meadow Drive, Mountain Trail Street and Cedar Springs Street along the property frontage as well as along the proposed fire station site shall be constructed, with the precise design and location approved by the City Engineer and Director of Community Development. The following criteria for the design of the meandering sidewalk shall be met: a. Sidewall crossfall shall not exceed 2 %. b. Sidewalks to be a minimum 5 feet wide at all points. c. The meandering sidewalk shall be contained either within street right -of -way or within an access easement offered to the City. d. The applicant /homeowner's association shall agree to maintain the sidewalk and any related landscaping. IN CONJUNCTION WITH APPROVAL OF THE FINAL MAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 31. The applicant shall offer to dedicate on the Final Map to the City of Moorpark access easements over all private streets shown on the Final Map to provide access for all governmental agencies providing the public safety, health and welfare. 32. The applicant shall dedicate on the Final Map to the City of Moorpark the access rites adjacent to Mountain Meadow Drive, Mountain Trail Street and Cedar Springs Street along the entire frontage of the parent parcel except for approved access roads as delineated on the approved Tentative Map. FIRE DEPARTMENT CONDITIONS: 33. Some of the access widths are measured less than 25 feet. Prior to recordation, the tentative tract must scale out to the proper width measurements for roads, etc. 34. That a street width of 25 feet shall be provided 35. That the applicant shall provide sufficient proof of the ability to prevent vehicular parking in "No Parking" areas and that enforcement can be secured in order that access by emergency vehicles will not be obstructed. rJ VESTING TENTATIVE TRACT MAP N0: 4637 APPLICANT: Urban West Communities DATE: April 16, 1990 36. That access roads shall be installed with an all weather surface, suitable for access by fire department apparatus. 37. That all drives shall have a minimum vertical clearance of 13- feet, 6- inches(1316 "). 38. That the access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Bureau of Fire Prevention. 39. That approved turn around areas for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 40. Any gates, to control vehicular access, are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. If applicable, it is recommended that the gate(s) swing in both directions. The method of gate control shall be subject to review by the Bureau of Fire Prevention. 41. That prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for the approval of the location of the fire hydrants. Show existing hydrants on plan within 300 feet of the development. 42. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have 1 -four inch and 2 -two and one half inch outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be 24 inch on center, recessed in from the curb face. VESTING TENTATIVE TRACT MAP NO: 4637 APPLICANT: Urban West Communities DATE: April 16, 1990 43. That the minimum fire flow required shall be determined by the type of building construction, fire walls, and fire protection devices provided, as specified by the ISO Guide for Determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 2250 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. 44. The minimum individual fire hydrant flow of 1,250 gallons per minute shall be provided at this location. ADDITIONAL AND REVISED CITY COUNCIL CONDITIONS - MAY 16 1990 REVISED CONDITIONS COMMUNITY DEVELOPMENT DEPARTMENT 22. The applicant shall deposit with the City of Moorpark a contribution for the Spring Road /Tierra Rejada Road Improvement Area of Contribution. The actual deposit shall be the then current Spring Road /Tierra Rejada Road improvement Area of Contribution applicable rate at the time of issuance of a Zoning Clearance for any Building Permit. 29. The applicant 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. Tentative mitigation fees shall be used for projects such as, but not limited to New Los Angeles Avenue. (This condition shall not apply to future homeowners). 45. Prior to the approval of the 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 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, interior private streets and storm drains, and to assure architectural compatibility with any new construction and remodeling within the project. VESTING TENTATIVE TRACT MAP NO: 4637 APPLICANT: Urban West Communities DATE: April 16, 1990 The applicant shall pay all costs associated with the City Attorney and staff's review of the CC &R's prior to the recordation of the Final Map. The Homeowners' Association will be responsible for the maintenance of Parcels designated by letter on the Vesting Tentative Tract Map and the entry gates in a manner acceptable to the Fire Department and City Engineer. CITY ENGINEER CONDITIONS PRIOR TO APPROVAL OF THE FINAL MAP, THE FOLLOWING CONDITION SHALL BE SATISFIED: 46. All grading shall be limited to the project area only. If import or export becomes necessary, any haul routes shall be approved by the City Engineer. All dust control measures including, but not limited to hydroseeding shall be installed to the City Engineer's satisfaction. 10 RESIDENTIAL PLANNED DEVELOPMENT: PERMIT NO. 89 -4 APPLICANT: URBAN WEST COMMUNITIES DATE: APRIL 16, 1990 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS 1. The permit is granted for the construction of 257 townhouse units as shown on the submitted plot plans and elevations. The location and design of all site improvements shall be as shown the approved plot plan and elevations except or unless indicated otherwise herein. 2. That the permit is granted for all of the buildings, fences, signs, roadways, parking areas, landscaping and other features which are located substantially as shown on Exhibits 4 thru 13, except or unless otherwise herein and subsequently submitted for final City approval. 3. That the elevation of all buildings shall be substantially in conformance with the elevation plans labeled Exhibit 8, except as otherwise noted herein. 4. The final design of all buildings, communal open spaces, recreation facilities, walls and fences, including materials and colors is subject to the approval of the Director of Community Development prior to the issuance of a zoning clearance. 5. That any minor changes may be approved by the Director of Community Development. However, any major changes will require the filing of a modification application to be considered by the City Council. 6. The development is subject to all applicable regulations of the RPD Zone and all agencies of the State of California, Ventura County, the City of Moorpark, and any other governmental entities. 7. The permittee agrees as a condition of issuance or renewal of this Permit, to defend, at their sole expense, any action brought against the City because of issuance or renewal of this Permit, or in the alternative, to relinquish this Permit. The permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required to pay as a result of any action by a court. The City may at its sole discretion, participate in the defense of any such action, but such participation shall not relieve the permittee of the obligations under this condition. RESIDENTIAL PLANNED DEVELOPMENT: APPLICANT: DATE: 8. No condition of this Permit requiring any violation regulations or orders of instances where more than or shall take precedence. PERMIT NO. 89 -4 URBAN WEST COMMUNITIES APRIL 16, 1990 shall be interpreted as permitting or of law, or any unlawful rules or in authorized governmental agency. In ie set of rules apply, the stricter ones 9. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than three years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial three -year period. The request for extension of this entitlement shall be made 30 days prior to the three year expiration date. The use entitlement expires three years after approval by the City Council. 10. That all landscaping and planting in and adjacent to parking in vehicular areas, shall be contained within raised planters surrounded by 6" high concrete curbs. 11. Land uses and facilities other than specifically approved by this Permit shall require either a minor or major modification to the permit as determined by the Director of Community Development. 12. If any of the Conditions or limitations of this Permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 13. That all utilities shall be placed underground. Any above grade utility fixtures shall be placed adjacent to landscaped areas and screened on three sides. 14. A sign permit is required for all onsite signs. 15. 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 and acknowledged by the Director of Community Development. 16. That the development is subject to all applicable regulations of the "RPD" (Residential Planned Development) Zone. 2 RESIDENTIAL PLANNED DEVELOPMENT: PERMIT NO. 89 -4 APPLICANT: URBAN WEST COMMUNITIES DATE: APRIL 16, 1990 17. Prior to submission of construction plans for plan check or initiation of any construction activity, a zoning clearance shall be obtained from the Department of Community Development. If the project is phased, a separate Zone Clearance shall be obtained for each phase. 18. 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 three and one -half gallons) b. Shower controllers c. Stoves, ovens and ranges when gas fueled shall not have continuous burning pilot lights d. All thermostats connected to the main space heating source to have night set back features e. Kitchen ventilation system to have automatic dampers to insure closure when not in use f. Hotwater solar panel stub -outs 19. That patio covers and accessary structures shall conform to the "R -1" (single - family) zone setbacks. No new second story decks shall be permitted to the original structure. 20. The gutters and downspouts shall be provided for all units. Water shall be conveyed to the street or drives in non - corrosive devices. 21. Landscaping shall not obstruct any exterior door or window. 22. In the event of unforeseen encounter or 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: PERMIT NO. 89 -4 APPLICANT: URBAN WEST COMMUNITIES DATE: APRIL 161 1990 23. 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. 24. The permittee's acceptance of this Permit and /or operations under this permit shall be deemed to be acceptance of all this Permit. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS OF APPROVAL SHALL BE SATISFIED 26. That the final design of all buildings, common open space, recreational facilities, walls and fences, including materials and colors shall be submitted to the Director of Community Development for final review and approval. 27. The final construction drawings shall be submitted to the Director of Community Development for review. um MW • 410 .. .. - • - .. -.. RESIDENTIAL PLANNED DEVELOPMENT: PERMIT NO. 89 -4 APPLICANT: URBAN WEST COMMUNITIES DATE: APRIL 16, 1990 29. Prior to the issuance of a zoning clearance, any transformer location shall be shown on the plot plan and shall be screened with landscaping or a wall approved by the Director of Community Development or his designee. The location of utility meters such as gas and electric shall be approved by the Director of Community Development and shall be placed in an exterior closet. Gas meters shall be painted to match the buildings. 30 Cross connection control devices shall be shown on the plot plan and shall be screened with landscaping or a wall, as approved by the Director of Community Development prior to issuance of a zoning clearance. 31. Prior to the issuance of a zoning clearance, the design of all recreational facilities shall be included as part of the final landscape plan submittal. 32. That patio covers and accessory buildings shall be reviewed and approved by the Homeowner's Association prior to the issuance of a zoning clearance. 33. The developer shall prominently display, in the sales office, a copy of the Mountain Meadows specific plan under which this PD Permit is granted. 34. That prior to the issuance of a zoning clearance, the applicant shall submit plans indicating architectural treatment of all sides of the townhouses for review and approval by the Director of Community Development. 35. 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. 36. All trash disposal dumpster areas shall be shown on the plot plan and shall be provided in a location which will not interfere with circulation, parking or access to any of the buildings and shall be screened with a six foot high, solid wall enclosure with self - closing metal gates. The final design of all trash enclosures shall be subject to the approval of the Director of Community Development prior to the issuance of a zoning clearance. 5 RESIDENTIAL PLANNED DEVELOPMENT: APPLICANT: DATE: 37. All exterior building mater approved by the Director compatibility with adjacent PERMIT NO. 89 -4 URBAN WEST COMMUNITIES APRIL 16, 1990 ials and paint colors shall be of Community Development to ensure developments. 38. Any solar panels for heating the swimming pools shall be located on the recreation buildings or other buildings or structures subject to the approval of the Director of Community Development prior to the issuance of a zoning clearance. Such panel shall be designed as an intergal part of the design of the building, not added to the exterior. 39. All garage doors shall have automatic door openers. Parking spaces shall be nine (9) feet in width and twenty (20) feet in length. An additional one -half foot in width must be provided for parking spaces located adjacent to a wall. Drive aisles between parking spaces shall be a minimum of 25 feet in width. 40. Pullover parking (overhangs) shall be limited to 24 inches maximum. No vehicles shall be allowed to encroach onto walkways or into the required landscape setbacks along public roadways. 41. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development and the City Police Department for review and approval. The lighting plan shall achieve the following objectives: Avoid interference with reasonable use of adjoining properties; minimize onsite and offsite glare; provide adequate onsite lighting; limit electrollers height to avoid excessive illumination and provide structures which are compatible with the total design of the facilities. The lighting plan shall include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid center. b. Maximum overall height of fixtures shall be fourteen (14) feet. c. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at the property lines. RESIDENTIAL PLANNED DEVELOPMENT: PERMIT NO. 89 -4 APPLICANT: URBAN WEST COMMUNITIES DATE: APRIL 16, 1990 d. There shall be no more than seven -to -one (7:1) ratio of level of illumination shown (maximum -to- minimum ratio between lighting standards). e. Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties. f. Average maximum of one foot candle illumination. g. No light shall be emitted above the 90 degree or horizontal plane. h. All parking lights shall be fully hooded and backshielded to prevent light "spillage" and glare. 42. Television cable service shall be provided consistent with existing city cable system requirements. Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of the residential buildings. 43. Gutters and roof drains for all buildings shall be provided and directed to an approved drainage area. 44. No asbestos pipe or construction materials shall be used without prior approval of the City Council. 45. Recreational facilities in addition to the existing wading pools shall be provided for children and shall be approved by the Director of Community Development. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 46. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from Ventura County Waterworks District No. 1. 47. The applicant shall pay all school assessment fees levied by the Moorpark Unified School District. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 48. Prior to the issuance of an Occupancy Permit, all parking areas within the phase shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. 7 RESIDENTIAL PLANNED DEVELOPMENT: PERMIT NO. 89 -4 APPLICANT: URBAN WEST COMMUNITIES DATE: APRIL 16, 1990 49. No use for which the permit is granted shall be commenced until a Certificate of Occupancy within the phase has been issued by the Building and Safety Division. In addition, no Certificate of Occupancy may be issued until all onsite improvements within each phase specified in this permit have been completed or the applicant has provided some form of financial security to guarantee completion of the improvements such as a Performance Bond. Said onsite improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development, the surety may be exonerated by action of the Director of Community Development. AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING CONDITION SHALL BE APPLICABLE: 50. The continued maintenance of the permit area and facilities shall be subject to periodic inspection of the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within thirty (30) days after notification. 51. The striping for parking spaces shall be maintained so that it remains clearly visible. 52. The applicant and its successors, heirs, and assigns shall remove any graffiti within ten (10) days from the written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. CITY ENGINEER CONDITIONS DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 53. That prior to any work being conducted within the State or City right -of -way, the applicant shall obtain an Encroachment Permit from the appropriate Agency. 54. That the applicant shall construct any necessary drainage facility, including brow ditch and slope bench drainage channels, with a permanent earth tone color(s) so as to minimize visual impacts. Said color(s) shall be submitted to and approved by the Director of Community Development as part of the grading plans. F RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 89 -4 APPLICANT: URBAN WEST COMMUNITIES DATE: APRIL 17, 1990 55. An 18" slough wall shall be constructed directly behind the back of the sidewalk where slopes over 4' are adjacent to sidewalk so as to reduce debris from entering streets. 56. If any hazardous waste is encountered during the construction of the 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. 57. Where roads are to be built requiring 4 or more inches of pavement, applicant shall construct the required street section minus 1 -inch cap of asphalt which shall be placed after all necessary trenching is completed. 58. No trees with a trunk diameter in excess of 4 inches shall be trimmed or removed without prior approval of the City Council. 59. 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. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITION SHALL BE SATISFIED: 60. All adjacent street tie -ins of utilities, driveways, etc. shall be repaired in such a manner that no trench lines or other construction indicators appear, as directed by the City Engineer. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 61. Sufficient surety guaranteeing the public improvements for a period of one year shall be provided. 62. Original "as built" plans on standard size sheets shall be certified by the Civil Engineer and returned to the City Engineer's office. 9 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 89 -4 APPLICANT: URBAN WEST COMMUNITIES DATE: APRIL 17, 1990 63. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. VENTURA COUNTY FIRE DEPARTKKNT CONDITIONS PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 64. That prior to the issuance of a zoning clearance, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for the approval of the location of the fire hydrants. Show the existing hydrants on plan within 300 feet of the development. 65. That any structure greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance No. 14. 66. The applicant shall submit two site plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire lanes. PRIOR TO THE ISSUANCE OF AS BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 67. That the minimum fire flow required shall be determined by the type of building construction, fire walls, and fire protection devices provided, as specified by the ISO Guide for Determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 2250 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 68. Access roads shall be a minimum 25 feet in width and shall be installed with an all weather surface, suitable for access by fire department apparatus. 69. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Moorpark Waterworks Manual. 10 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 89 -4 APPLICANT: URBAN WEST COMMUNITIES DATE: APRIL 17, 1990 a. Each hydrant shall be a 6 inch wet barrel design and shall have 1 -four inch and 2 -two and one -half inch outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be 24 inch on center, recessed in from the curb face. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 70. That address numbers, a minimum of 4 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure is not visible from the street, the address number shall be posted adjacent to the driveway entrance. 71. The applicant shall provide sufficient proof of the ability to prevent vehicular parking in the "No Parking" areas and that enforcement shall be secured in order that access by emergency vehicles will not be obstructed. 72. That all access roads shall be installed with an all weather surface, suitable for access by fire department apparatus. 73. That all drives shall have a minimum vertical clearance of 13 feet, 6 inches (13' 611). 74. That the access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of the building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Bureau of Fire Prevention. 75. That approved turn around areas for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. 11 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 89 -4 APPLICANT: URBAN WEST COMMUNITIES DATE: APRIL 17, 1990 76. Any gates, to control vehicular access, are to be located to allow a vehicle waiting for entrance to be completely of the public roadway. If applicable, it is recommended that the gate(s) swing in both directions. The method of gate control shall be subject to the review of the Bureau of Fire Prevention. The Fire Department shall have access to the residential complex through the gates. 77. That the minimum individual hydrant flow of 1,250 gallons per minute shall be provided at this location. 78. That an approved spark arrester shall be installed on the chimney of any structure (Uniform Fire Code - Article 11- Section 11.111). Approval of the spark arrestors shall also be made by the City of Moorpark Building Offical. 79. That a plan shall be submitted to the Ventura County Bureau of Fire Prevention for review indicating the method in which buildings are to be identified. 80. That portions of this development may be in a high fire hazard area and those structures shall meet building code requirements. 81. That building plans of public assembly areas which have an occupancy load of 50 or more, shall be submitted to the Ventura County Bureau of Fire Prevention for review. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS GENERAL REQUIREMENTS: 82. The applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" including all provisions of or relating to the existing industrial waste discharge requirements and subsequent additions or revisions thereto. PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITION SHALL BE SATISFIED: 83. The developer shall be required to enter into an agreement to install all necessary water and sewer improvements, pay all applicable fees and comply with the District's Rules and Regulations. 12 RESIDENTIAL PLANNED DEVELOPMENT APPLICANT: DATE: MOORPARK POLICE DEPARTMENT CONDITIONS PERMIT NO. 89 -4 URBAN WEST COMMUNITIES APRIL 17, 1990 DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL COMPLY: 84. Either a licensed security guard is required during the construction phase, or a 6 -foot high chain link fence shall be erected around the construction site. 85. Construction equipment, tools, etc., shall be properly secured during non - working hours. 86. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured during the non- working hours. All serial numbers shall be recorded for identification purposes. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 87. Lighting devices located on poles shall be high enough to eliminate anyone on the ground from tampering with them. All parking areas shall be provided with a lighting system capable of illuminating the parking surface and shall be designed to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather and breakage- resistant covers. 88. Landscaping shall not obstruct any exterior door or window. 89. Landscaping at entrances /exits or at any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 90. Landscaping (trees) shall not be placed under any overhead lighting which could cause a loss of light at ground level. 91. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 92. Address numbers shall be a minimum of 4 inches in height and illuminated during the hours of darkness. 13 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 89 -4 APPLICANT: URBAN WEST COMMUNITIES DATE: APRIL 17, 1990 93. All exterior doors shall be constructed of solid wood core a minimum of one and three quarter inches thick or of metal construction. Front glass door(s) commonly used for entry are acceptable but should be visible to the street. 94. 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. 95. All residential sliding glass doors or windows shall be equipped with metal guide tracts at the top and bottom and be constructed so that the window cannot be lifted from the tract when in the closed position. 96. There shall not be any easy exterior access to the roof area, ie., ladders, trees, high walls, etc. 97. Upon occupancy by the owner or proprietor, each single unity in a tract under the same general plan, shall have locks using combinations which are interchange free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies. 98. All garages must be totally enclosed REVISED AND ADDITIONAL CITY COUNCIL CONDITIONS - NAY 16, 1990 REVISED CONDITIONS 25. The applicant shall prior to the issuance of a Zoning 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. (This condition shall not apply to future homeowners). 14 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 89 -4 APPLICANT: URBAN WEST COMMUNITIES DATE: APRIL 17. 1990 28. Complete landscape plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans and in compliance with the City of Moorpark Ordinance No. 74, and shall be submitted to the Director of Community Development. The final landscape plans shall be in substantial conformance with the conceptual landscape plan submitted with the application, except or unless otherwise indicated herein. The applicant shall bear the cost of the landscape plan review and final installation inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently be deposited to cover all landscape plan check and inspection fees. The final landscape plans shall be approved by the Director of Community Development. All landscaping and planting shall be accomplished and approved by the Director of Community Development prior to the last occupancy. ADDITIONAL CONDITIONS PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 99. Prior to the issuance of a Zoning Clearance, the plans for RPD89 -4 shall be revised to include the following: a. Relocate the entrance to approximately 300 feet south of the intersection of Mountain Street and Mountain Meadow Drive (Alternative 2). b. A bus stop location (to be determined by staff and the school district) shall be shown on the plans. C. The entire attic area for the multifamily residential units shall be converted to a storage area by installing 1/2 inch thick plywood flooring and full sheetrock walls. The sheetrock shall be a minimum of 5/8 inch thick. An electrical light and folding ladder shall also be installed. A smoke alarm shall be provided if preferred by the Fire Department. 15 RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 89 -4 APPLICANT: URBAN WEST COMMUNITIES DATE: APRIL 17, 1990 d. The parking area shall be provided with additional landscaping (trees). e. The addition of two tot lot areas shall be provided for children, one in the master recreational area, and the second in the central area of the project. The design of the tot lots are subject to approval of the Directors of Community Development and Community Services. PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITION SHALL BE MET: 100. Prior to construction, the construction plans shall incorporate double walls (with air space between the walls). The double walls shall be constructed on all common walls adjacent to other residential units. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE MET: 101. The applicant shall construct the additional bus stop discussed in condition No. 101 (b). CITY ENGINEER CONDITION PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITION SHALL BE SATISFIED: 102. The applicant shall deposit with the City of Moorpark a contribution for the Spring /Tierra Rejada Road Improvement Area of Contribution. The actual deposit shall be the then current Spring /Tierra Rejada Road Improvement Area of Contribution applicable rate at the time of issuance of a Zoning Clearance for any building permit. 3rpd893.cnd 16