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HomeMy WebLinkAboutRES CC 1990 729 1990 1219RESOLUTION NO. 90 -729 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING LAND DIVISION NO. LDM -90 -2, MAJOR MODIFICATION NO. 3 TO PLANNED COMMUNITY NO. 3 AND COMMERCIAL PLANNED DEVELOPMENT NO. CPD -90 -2 (URBAN WEST COMMUNITIES) WHEREAS, at a duly noticed public hearing on December 5, 1990, the City Council considered the application filed by Urban West Communities requesting approval of: a. Major Modification No. 3 (PC -3) to allow the designated Community Focus area to include approximately 11 acres of Commercial land uses instead of approximately 7.5 acres of Neighborhood Commercial uses and 4 acres of Community Use. b. CPD -90 -2 for a Neighborhood Shopping Center consisting of a 45,000 sq. ft. market, 60,400 sq. ft. retail, 5,000 sq. ft. medical office, and 12,000 sq. ft. of restaurant uses for a total of 122,400 sq. ft. c. LDM 90 -2 (Vesting Tentative Map), a subdivision to create a 11.77 acre parcel and a 11.69 acre remainder parcel. WHEREAS, at its meeting of December 5, 1990, the City Council opened the public hearing, and took testimony from all those wishing to testify and then closed the public hearing; and WHEREAS, the City Council after review and consideration of the information contained in the Planning Commission staff report dated November 5, 1990 and the City Council Staff Report dated November 26, 1990, the Mitigated Negative Declaration and Mitigation Monitoring Program has reached its decision on this matter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council adopts the findings contained in the Planning Commission Staff Report dated November 5, 1990 pertaining to each these entitlements, as well as those conditions of approval for LDM90 -2 and CPD90 -2 as stated in attachments A and B, and approves the following: a. Major Modification No. 3 to PC -3) b. CPD -90 -2 for a Neighborhood Shopping Center consisting of 122,400 sq. ft. C. LDM 90 -2 (Vesting Tentative Map) SECTION 2. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California) {beginning at Section 21000}), the City Council determines that the Mitigated Negative declaration prepared for these projects has been prepared in accordance with CEQA and it is adequate and complete for the aforementioned projects and approves a Mitigating Monitoring Program and Findings. SECTION 3. That the City Council finds that the projects are consistent with the City's General Plan. PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF NOVEMBER, 1990. Paul W. Laikrason, Jr. City of Moorpark ATTEST: Lillian E. Kellerman City Clerk Attachments: Attachment of Approval for CPD -90 -2 Attachment di _ s of Approval for LDM -90 -2 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2 APPLICANT: URBAN WEST COMMUNITIES DATE: DECEMBER 19, 1990 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS: 1. The permit is granted for the land and project as shown on the submitted plot plans and elevations and other exhibits displayed at the Planning Commission hearing of November 5, 1990. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein. 2. The development in conjunction with the companion Land Division Map is subject to all applicable regulations of the C -P -D Zone (unless otherwise as approved by the City Council), and all agencies of the State, Ventura County, the City of Moorpark and any other governmental entities. 3. That unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than one year 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 one year period. 4. All facilities and uses other than those specifically requested in the application are prohibited unless a modification application has been approved by the City of Moorpark. 5. The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State, County, and City authorities, and all such requirements and enactments shall, by reference, become conditions of this permit. 6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 7. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of 1 ATTACHMENT A COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2 APPLICANT: URBAN WEST COMMUNITIES DATE: DECEMBER 19, 1990 the remaining conditions or limitations set forth. 8. 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 to relinquish this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the 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 obligation under this condition. 9. A sign permit is required for all on -site signs to be approved by the Director of Community Development. No signs will be allowed at the entryways to the shopping center. 10. Prior to the submission of construction plan for plan check or initiation of any construction activity, a zoning clearance shall be obtained from the Community Development Department unless the applicant has signed a hold harmless letter with the City. 11. Prior to initial tenant occupancy and any subsequent change in tenant occupancy, the owner of the subject building, or the owner's representative shall apply for a Zoning Clearance from the Community Development Department. 12. The Director of Community Development, or his designee, shall have the authority to conditionally approve or deny a zoning clearance request for tenant occupancy consistent with Article 45 of the Zoning Code. The cost of the zoning clearance shall be borne by the applicant for tenant occupancy. 13. If in the future, any use or uses are contemplated on the site differing from that specified in the zoning clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the C -P -D Zone and the terms and conditions of this permit. Said review will be conducted at no charge and an approval letter sent, unless a minor or major modification to the Planned Development is required, in which case all applicable fees and procedures shall apply. 14. The permittee's acceptance of this permit and /or commencement of construction and/ or operations under this permit shall be COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2 APPLICANT: URBAN WEST COMMUNITIES DATE: DECEMBER 19, 1990 deemed to be acceptance of all conditions of this permit. 15. This permit shall expire if the use for which it is granted is discontinued for a period of 180 consecutive days or more. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 16. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by these Conditions. 17. The final construction working drawings shall be submitted to the Director of Community Development for review to insure compliance with the City Council's approved plans and exhibits. The elevations located adjacent to residential properties shall be modified to provide additional architectural treatment so as to be more consistent with the front elevations and more pleasing to future residents. In addition, the parking area and entry on Tierra Rejada Road shall be modified to provide direct route for vehicles from the entrance to the main retail building, pursuant to the City Council's direction of December 5, 1990. The modification to the parking area shall be subject to the review and approval of the Director of Community Development. 18. Complete landscape plans (2- sets)41 together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura Guide to Landscape Plans and in compliance with the City of Moorpark Ordinance No. 74, and shall be submitted to and approved by the Director of Community Development. The final landscape plans shall be in substantial conformance with the conceptual landscape plan submitted with the application. The applicant shall bear the total 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 need to be deposited to cover all landscape plan check and inspection fees. All landscaping and planting shall 3 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2 APPLICANT: URBAN WEST COMMUNITIES DATE: DECEMBER 19, 1990 be accomplished and approved by the Director of Community Development, or his designee, prior to the approval of occupancy. The project landscape plans shall include the following: a. A 30 percent shade coverage shall be provided within all parking spaces. Shade coverage is described as the maximum mid -day shaded area defined by a selected specimen tree at 50 percent maturity. b. Any turf plantings associated with this project shall be drought tolerant, low water using variety. C. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. d. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. e. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. f. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. g. Earthen berms shall be provided (with concurrence with the Director of Community Development) to screen views of parked vehicles from Tierra Rejada Road and Mountain Trail Street. h. Landscaping shall be used to screen views of any backf low preventers. 19. Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of the roof. 20. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) that may extend above any parapet wall shall be enclosed on all four sides by view obscuring material, the height of which shall not be less than 4 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2 APPLICANT: URBAN WEST COMMUNITIES DATE: DECEMBER 19, 1990 the equipment. Prior to the issuance of a zoning clearance, the final design and materials for the roof screen and location of any roof mounted equipment must be approved by the Director of Community Development. 21. All trash disposal areas shall be provided in a location which will not interfere with circulation, parking or access to the building, and shall be screened with a six foot high wall enclosure with metal gates. The final design of the trash enclosure shall be subject to the issuance of a zoning clearance. Trash areas and recycling bins shall be depicted on the construction plans, the size of which shall be approved by the Director of Community Development and the City Employee responsible for recycling /solid waste management programs. 22. Pullover parking (overhangs) shall be limited to 24 inch maximum. No vehicles shall be allowed to encroach onto walkways or into the required landscaped setbacks along roadways. 23. A 45 -foot turning radius shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. Prior to issuance of a zoning clearance, the applicant shall provide a site plan which identifies all loading truck turning movements. 24. All property line walls shall be no further than one inch from the property line. 25. The building shall be constructed using energy saving devices. These shall include those devices required by the California Administrative Code, Title 24. 26. 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 for review and approval. The lighting plan shall achieve the following objectives: Avoid interferences with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height to avoid excessive illumination; and provide structures which are compatible with the total design of the proposed facility. The following may be adjusted as a `1 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2 APPLICANT: URBAN WEST COMMUNITIES DATE: DECEMBER 19, 1990 result of the lighting plan review by the Director of Community Development. 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 twenty (20) feet, as long as all other parameters of the lighting plan requirements are met and approved by the Director of Community Development. b. Maximum overall height of fixtures shall be fourteen (14) feet. C. Fixtures must possess sharp cut -off qualities with a maximum of one -half foot candle illumination at property lines. d. There shall be no more than a 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 -half foot candle illumination. g. No light shall be emitted above the 90 degree or horizontal plane. Lighting detail requirements may be adjusted with the approval of the Director of Community Development. The lighting plan and lighting fixtures shall be shown to the Planning Commission for approval. 27. A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder of any kind shall be permitted. 28. No downspouts shall be permitted on the exterior of the building unless otherwise approved by the Director of Community Development. 6 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2 APPLICANT: URBAN WEST COMMUNITIES DATE: DECEMBER 19, 1990 29. All exterior building materials and paint colors shall be approved by the Director of Community Development to ensure compatibility with adjacent development. 30. No asbestos pipe or construction materials shall be used without prior approval of the City Council. 31. All utilities are required to be underground to the nearest off -site utility pole except through transmission lines. Prior to the issuance of a zoning clearance, the applicant shall submit a plan for review and approval to the Director of Community Development which identifies how compliance with the undergrounding requirement will be met. 32. If skylights are proposed, the specific type and model must be approved by the Director of Community Development to ensure that they shall be of an opaque type to minimize evening illumination as viewed from the exterior. 33. The applicant shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area for the portion of the buildings sited on the approximate four (4) acre property redesignated from Community Focus Area to Neighborhood Commercial by Major Modification No. 3. The funds shall be used to support the City's current and future park system. 34. The applicant shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of $10 per each 100 square feet of building area. 35. To encourage employees to use alternative means of transportation to reduce automobile trips, common area bicycle storage facilities such as bicycle racks shall be provided. Proposed bicycle storage areas for the commercial shopping center shall be reviewed and approved by the Director of Community Development prior to the issuance of a zoning clearance. 36. Prior to the issuance of a zoning clearance to tenant occupancy, the proposed use shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Division, the applicant shall prepare a 7 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2 APPLICANT: URBAN WEST COMMUNITIES DATE: DECEMBER 19, 1990 hazardous waste minimization plan. 37. All roof mounted equipment and other noise generation sources on -site shall be attenuated to 55 dBA at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a zone Clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 38. Prior to the issuance of a zoning clearance, a Surety Performance Bond in the amount of $10,000 shall be filed and accepted by the Director of Community Development. The Director of Community Development, may, through a public hearing to be heard before the City Council recommend that any or all of the funds in the Performance Bond be forfeited for noncompliance of the Conditions of Approval or for some other just cause. This condition shall automatically be superseded by a related resolution or ordinance regarding condition compliance for entitlement approvals adopted by the City Council. 39. The applicant, permittee, or successors in interest, shall submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 40. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from the Ventura County Waterworks District No. 1. 41. The applicant shall pay all school assessment fees levied by the Moorpark Unified School District. 8 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2 APPLICANT: URBAN WEST COMMUNITIES DATE: DECEMBER 19, 1990 42. If any archaeological or historical finds are uncovered during excavation operations, the permittee shall assure the preservation of the site; shall obtain the services of a qualified archaeologist to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. a. The midblock driveway on Tierra Rejada Road between Mountain Trail Street and the entrance to the high school will be allowed. The necessary striping transitions for the dual left turn at Tierra Rejada Road - Mountain Trail Street intersection shall occur to the west of the median break. The median curbs on Tierra Road will be relocated as required. Deceleration and acceleration lanes shall be provided for the main driveway on Tierra Rejada Road as shown on the tentative parcel map. This condition in no way limits the City's authority to remove or modify this midblock driveway or median break at it's sole determination at any time. A conceptual street improvement /striping transition plan for Tierra Rejada Road shall be submitted to the City Engineer for review and approval prior to commencing final design. PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 43. Prior to Occupancy, the applicant shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107.7. 44. All parking areas 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. 45. All landscaping and planting shall be installed and inspected, except that in the area of future buildings not under construction that turf and irrigation must be installed. 46. No use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the Building and Safety Division. In addition, no Certificate of Occupancy may be issued until all on -site improvements specified in this permit have been completed or the applicant has provided a Faithful Performance Bond. 9 �r COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2 APPLICANT: URBAN WEST COMMUNITIES DATE: DECEMBER 19, 1990 Said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply wit 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. 47. At the time water service connection is made for each project, cross connection control devices shall be installed for the water system in accordance with the requirements of the Ventura County Environmental Health Department. 48. The applicant shall deposit with the City of Moorpark $190,197 to a Transportation System Management Fund (TSM) as a mitigation measure to fully mitigate the significant impact to fund TSM programs or clean -fuel vehicles programs as determined by the City and to meet the Mitigation Monitoring Program. 49. The plans shall be modified to include the following: a. The tower sign shall be eliminated; b. The compact parking spaces shall be redesigned to be 9' wide by 2011ong; C. The landscaping along Tierra Rejada Road and Mountain Trail Street shall be increased to provide a minimum of 30 feet of landscaping buffer from the property line to the parking area; d. The elevations shall be modified to provide additional architectural treatments to the rear of the retail buildings adjacent to the existing and proposed residential uses. The additional architectural features shall be approved by the Director of Community Development and are to include treatments such as florets, false balconies, windows, etc.; e. Mazimum height of fixtures shall be twenty (20) feet, as long as all other parameters of the lighting plan requirements are met and approved by the Director of Community Development. f. All landscaping and irrigation shall be installed by the applicant and approved by the City within the roadway 10 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2 APPLICANT: URBAN WEST COMMUNITIES DATE: DECEMBER 19, 1990 median along Mountain Trail Street at the intersection of Tierra Rejada Road prior to first occupancy. All water and electric service shall be either provided by separate meter or, at City's approval, interconnected to the easterly park site. All costs related to an inter- connect utility connection to the park shall be the responsibility of the applicant. AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE APPLICABLE: 50. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Director of Community Development the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. 51. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for a zoning clearance from the Community Development Department. The purpose of the zoning clearance shall be to determine if the proposed uses(s) are compatible with the zoning and terms and conditions of the permit. 52. Prior to occupancy by any tenant or subsequent owner whose business would employ or dispose of hazardous materials, a Minor Modification approval shall be required. 53. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within five (5) days after notification. 54. The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. 55. No outside storage of any materials or overnight parking of any semi - trucks or truck trailers beyond the loading zones shall be permitted. 56. No repair or maintenance of trucks or any other vehicle shall 11 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2 APPLICANT: URBAN WEST COMMUNITIES DATE: DECEMBER 19, 1990 occur outside of the industrial building. 57. Loading and unloading operations shall not be conducted between the hours of 10 :00p.m. and 6:00 a.m. Any deviation to these hours shall require approval of a Minor Modification to be approved by the Director of Community Development as an administrative decision. 58. No noxious odors shall be generated from any use on the subject site. 59. All uses and activities shall be conducted inside the buildings unless otherwise authorized by the Director of Community Development with a Temporary Use Permit. All promotional and temporary activities conducted outside requires a Temporary Use Permit. 60. A 48 inch high cart containing wall shall be provided for the outside storage of shopping carts. The construction materials and wall design is subject to review and approval of the Director of Community Development. Plaster or stucco type finish shall not be permitted. 60a. Prior to recordation of vesting Tentative Parcel Map 90 -2, the subject area noted below shall be shown on the final map as an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping adjacent to Tierra Rejada Road and Mountain Trail Street. The area referred to shall be all landscaped portions of the required setback area adjacent to the public right -of -way on Tierra Rejada Road and Mountain Trail Street. The applicant shall be responsible for maintenance of the aforementioned area as well as the landscaping within the public right -of -way adjacent to the project. If the City at the City's sole discretion determines the landscape maintenance is determined to be unsatisfactory, the City may invoke the offer of dedication and assume responsibility of the maintenance at the owner's expense. The total cost of maintenance for the areas noted above shall be borne by the applicant. CITY ENGINEER CONDITIONS PRIOR TO ISSUANCE OF ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 61. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any 12 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2 APPLICANT: URBAN WEST COMMUNITIES DATE: DECEMBER 19, 1990 alteration of a watercourse is made, All necessary material required by FEMA for 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. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program Maps. A conditional letter of map revision (if required by FEMA) shall be provided to the City prior to zone clearance. The applicant will be responsible for all costs charged by the FEMA and the City's administrative costs. DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL COMPLY: 62. 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. 63. 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. 64. No trees with a trunk diameter in excess of four inches shall be trimmed or removed without prior approval of the City Council. 65. If necessary, the applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit. 66. Where roads requiring 4 or more inches of pavement are to be built, the applicant shall construct the required street section minus 1 -inch of paving as an interim condition until all utility cuts or trenching are completed. The final 1 -inch cap of asphalt shall be placed after all necessary trenching is completed. 67. The applicant shall construct all necessary drainage facilities, including brow ditch and slope bench drainage channels, with a permanent earth tone color so as to minimize visual impacts. Said color shall be submitted to and approved by the Director of Community Development and the City Engineer as part of the grading plans. 13 COMMERCIAL PLANNED DEVELOPMENT APPLICANT: DATE: PERMIT NO. 90 -2 URBAN WEST COMMUNITIES DECEMBER 19, 1990 PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 68. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of this condition. 69. Construction of the second westbound left turn lane at the intersection of Tierra Rejada Road - Mountain Trail Street and associated traffic signal modification by the applicant must be completed and fully operational prior to any occupancy of this project. 70. The traffic signal at the intersection of Tierra Rejada Road and Mountain Trail Street shall be constructed by the applicant and shall be operational prior to any occupancy of this project. Signal design and construction costs shall be The traffic signal at the intersection of Tierra Rejada Road and Brookwood Drive shall be constructed by the applicant and shall be operational prior to the occupant' of this project. of Contribution. The traffic signal at the intersection of Tierra Rejada Road and Arroyo Vista Park access road (Countrywood Drive) shall be constructed by the applicant and shall be operational prior to the initial use of Arroyo Vista Park as determined with the City or upon determination by the City Engineer when the signal meets warrants, whichever first occurs. Signal design and construction costs shall be reimbursed up to the amount provided for by the Tierra Rejada /Spring Road of Contribution. a. Any costs to redesign the three subject traffic signals after approval of this CPD shall be at the applicants sole expense and not eligible for AOC reimbursement. 71. 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. 14 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2 APPLICANT: URBAN WEST COMMUNITIES DATE: DECEMBER 19, 1990 PRIOR TO THE ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 72. Sufficient surety guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance by the City Council, unless previously exonerated by the City Council. 73. Original "as- built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "As- Builts" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "As- Built" plans are required before a final inspection will be scheduled. 74. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 75. The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of the expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. MOORPARK POLICE DEPARTMENT CONDITIONS PRIOR TO THE ISSUANCE OF A OCCUPANCY PERMIT, THE FOLLOWING CONDITIONS SHALL BE MET: 76. Lighting devices shall be high enough so as 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 with a minimum of one -half foot candle of light 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. 77. Landscaping shall not cover any exterior door or window. 78. Landscaping at entrances /exits or at any intersection within the parking lot shall not block or screen the view of a seated 15 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2 APPLICANT: URBAN WEST COMMUNITIES DATE: DECEMBER 19, 1990 driver from another moving vehicle or pedestrian. 79. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. 80. All entrance /exit driveways shall be a minimum of 30 feet in width. 81. All exterior doors shall be constructed of solid wood core, a minimum of 1 and three quarters inches thick, or of metal construction. Front glass doors commonly used for entry are acceptable but should be visible to the street. 82. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1 -inch deadbolt. 83. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 84. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. 85. Address shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. The numbers shall be a minimum of 6 inches in height and illuminated during the hours of darkness. 86. Front door entrances shall be visible from the street. 87. Directory boards indicating locations of the various buildings and individual units shall be displayed at each entrance to the complex and lighted during the hours of darkness. The Directory boards may be placed on the_buildinas as determined by the Director of Community Development. DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY: 88. A licensed security guard is recommended during the construction phase, or a 6 -foot high chain link fence shall be erected around the construction site. 89. Construction equipment, tools, etc., shall be properly secured during non - working hours. 16 COMMERCIAL PLANNED DEVELOPMENT APPLICANT: DATE: PERMIT NO. 90 -2 URBAN WEST COMMUNITIES DECEMBER 19, 1990 PRIOR TO OCCUPANCY, THE FOLLOWING CONDITION SHALL BE SATISFIED: 90. Upon occupancy by the owner or proprietor, each single unit in the industrial development, constructed under the same general plan, shall have locks using combinations which are interchange free from locks used in all other separate proprietorships or similar distinct occupancies. COUNTY OF VENTURA ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE MET: 91. Tenants that produce hazardous wastes shall obtain a permit from the Ventura County Environmental Health Department. The storage, handling and disposal of potentially hazardous materials from future tenants shall be in compliance with applicable State and local regulations (Refer to Condition No. 53). VENTURA COUNTY FIRE DEPARTMENT CONDITIONS PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 92. That a access way minimum width of 25 -feet shall be provided. 93. That prior to construction, the applicant shall submit two site plans to the Ventura'County Bureau of Fire Prevention for approval of the location of fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to Occupancy. 94. That access roads shall be installed with an all weather surface, suitable for access by fire department apparatus. 95. 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. 96. That address numbers, a minimum of 6 inches high, shall be 17 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2 APPLICANT: URBAN WEST COMMUNITIES DATE: DECEMBER 19, 1990 installed prior to occupancy, shall be of contrasting color to the background. Where structures are setback more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 97. That prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire hydrants. Show existing hydrants on a site plan, within 300 feet of the development. 98. 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 6 inch wet barrel design and shall have two 4 inch and two 2 1/2 inch outlet(s). 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 recessed in from curb face 24 inches at center. 99. That the minimum fire flow required is determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the I.S.O. for determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 3,000 gallons per minute. The applicant shall verify that the water purveyor can provide the required volume at the project. 100. That if any building(s) are to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Ventura County Bureau of Fire Prevention for review. 101. Than any structure(s) greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #14. 18 COMMERCIAL PLANNED DEVELOPMENT APPLICANT: DATE: PERMIT NO. 90 -2 URBAN WEST COMMUNITIES DECEMBER 19, 1990 102. That building plans of all A.E,I, & H occupancies shall be submitted to the Ventura County Bureau of Fire Prevention for plan check. 103. That fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet #10. The placement of extinguishers shall be reviewed by the Fire Prevention Bureau. 104. That plans for the installation of automatic fire extinguishing system (such as, halon or dry chemical) shall be submitted to the Ventura County Bureau of Fire Prevention for plan check. 105. That a certification shall be submitted to the Ventura County Bureau of Fire Prevention by a qualified specialist or engineer that the fire safety properties and the facilities and appurtenances situated thereon meet the prescribed criteria of recommended good practice. 106. That all grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 107. That trash containers with an individual capacity of 1.5 cubic yards or greater, shall not be stored within 5 feet of openings, combustible walls, combustible roof eave lines, unless protected by approved automatic fire sprinklers. (Uniform Fire Code, Article 11). 19 LAND DIVISION MOORPARK NO: 90 -2 APPLICANT: Urban West Communities DATE: Dcember 19, 1990 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS 1. The conditions of approval of this Tentative Parcel Map supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map; and that all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies apply. 2. Recordation of this subdivision shall be deemed to be acceptance by the property owner of the conditions of this Map. 3. All applicable requirements of any law or agency of the State, City of Moorpark an any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 4. That no condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 5. That if any of the conditions or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 6. The development shall be subject to all applicable regulations of the C -P -D zone. 7. No zone clearance shall be issued for construction of any building 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. 1 ATTACHMENT B LAND DIVISION MOORPARK NO: 90 -2 APPLICANT: Urban West Communities DATE: Dcember 19, 1990 8. Prior to approval of a 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. 9. The Tentative Parcel 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. 10. Prior to approval of Final Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for the proposed commercial parcel. 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 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 sewer service. 11. Prior to recordation all utility lines shall be placed underground 12. 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. 13. As of the date of recordation of final parcel map, the parcels depicted thereon shall meet the requirements of the zoning ordinance and General Plan applicable to the property at the time of approval of the Vesting Tentative Map. Compliance with this condition shall be required even if the zoning and General Plan and Specific Plan requirements in effect as of the date the tentative map is conditionally approved. Conditional approval of the tentative map shall neither limit the power of the legislative body to amend the applicable zoning ordinances and /or General Plan nor compel the legislative body to make any such amendments. 2 LAND DIVISION MOORPARK NO: 90 -2 APPLICANT: Urban West Communities DATE: Dcember 19, 1990 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 therefore in Government Code 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: The city bears its own attorney fees and costs; 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 applicant shall pay all school assessment fees levied by the Moorpark Unified School District. CITY ENGINEER DEPARTMENT CONDITIONS PRIOR TO APPROVAL ON FINAL MAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 16. 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. Cut and fill slopes shall be no steeper than 2:1 (horizontal:vertical). 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. All haulroutes shall be approved by the City Engineer. 3 LAND DIVISION MOORPARK NO: 90 -2 APPLICANT: Urban West Communities DATE: Dcember 19, 1990 On -site haul routes shall be limited to graded areas only. The existing 1 -1/2:1 slope along the west property line can remain at 1 -1/2:1 if the applicants geotechnical engineer will submit a report regarding the slopes stability to the City Engineer for his review and approval. 17. The applicant shall submit to the City of Moorpark for review and approval, a detailed Soils Report certified by a Registered Civil Engineer in the State of California. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the recommendations of the approved Soils Report. Review of the soils and geotechnical report by the City's geotechnical consultant may be required by the City Engineer. If so, the applicant shall reimburse the City for all costs including the City's administrative costs. 18. The applicant shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements will be acquired by the applicant at his expense. The second westbound left turn lane with at least 265 feet of storage and associated traffic signal modification shall be designed for the intersection of Tierra Rejada Road - Mountain Trail Street. The construction of the dual left turn lane and associated traffic signal modification must be completed prior to any occupany of this project. The improvements shall include concrete curb and cutter sidewalk street lights, striping and signing, <itr :A< dress f rem- - the - ireStatlen) may be- redueedfrem -$ to 51 to prsvide- additlenal landseaging along Mountain T-rai-i- street-. 19. The site plan shall be redesigned in order that sufficient intersection sight distance is provided for the project driveway on Mountain Trail Street across from Cedar Springs 4 LAND DIVISION MOORPARK NO: 90 -2 APPLICANT: Urban West Communities DATE: Dcember 19, 1990 Street. A design speed of 40 miles per hour on Mountain Trail Street shall be used for this sight distance determination. The driveway shall have two exit lanes and one entrance lane. 20. The proposed 102 inch storm drain and associated easement shall be located on the property line between the commercial driveway and future multi - family development. The 102 inch storm drain shall be located within a 40 foot easement with the centerline of the 102 inch storm drain located 4 feet east of the property line. 21. The midblock driveway on Tierra Rejada Road between Mountain Trail Street and the entrance to the high school will be allowed. bed --a- mean breale ( f er a westbeend le- €U—turn peeket) shall Rot be allewed. if the median breale is appreved by the Gity Geunell The necessary striping transitions for the dual left turn at Tierra Rejada Road - Mountain Trail Street intersection shall occur to the west of the median break. The median curbs on Tierra Rejada Road will be relocated as required. Deceleration and acceleration lanes shall be provided for the main driveway on Tierra Rejada Road as shown on the tentative parcel map. This condition in no way limits the City's authority to remove or modify this midblock driveway or median break at it's sole determination at any time. A conceptual street improvement /striping transition plan for Tierra Rejada Road shall be submitted to the City Engineer for review and approval prior to commencing final design. 22. The applicant shall demonstrate for each building pad to the satisfaction of the City of Moorpark as follows: a. Adequate protection from a 100 -year frequency storm; b. Feasible access during a 10 -year frequency storm. 23. 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: �1 LAND DIVISION MOORPARK NO: 90 -2 APPLICANT: Urban West Communities DATE: Dcember 19, 1990 Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: a. all catch basins in sump locations 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 the depth of the 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. all collector streets shall be provided with a minimum of one travel lane for a 10 -year storm, with a goal that local, residential streets shall have one travel lane available where possible. g. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the applicant. 24. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City Engineer. 25. 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 final map approval. 26. 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. 6 LAND DIVISION MOORPARK NO: 90 -2 APPLICANT: Urban West Communities DATE: Dcember 19, 1990 27. The applicant shall execute a covenant running with the land on the 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 . 28. If any of the improvements which the applicant is required to construct or install is to be constructed 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 the final or parcel map for approval pursuant to Governmental 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 the purposes as provided in Governmental 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 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 cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 29. The applicant shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. 30. The applicant shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., landscaping, parks, fencing, etc.) or which require removal (i.e., model homes, temporary debris basins, etc.). 7 LAND DIVISION MOORPARK NO: 90 -2 APPLICANT: Urban West Communities DATE: Dcember 19, 1990 31. A meadering sidewalk along the property frontage 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: 1. Crossfall shall not exceed two percent. 2. Sidewalks shall be a minimum 5 feet wide at all points. 3. The meandering sidewalk shall be contained either within public right -of -way or within an easement offered to the City. 4. The applicant shall agree to maintain the sidewalk and any related landscaping within the public right -of -way along Tierra Rejada Road. IN CONJUNCTION WITH FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 32. The applicant shall offer to dedicate on the parcel map access easements to the City of Moorpark over all private streets shown on the parcel map to provide access for all governmental agencies providing public safety, health and welfare. 33. The applicant shall dedicate on the parcel map to the City of Moorpark the access rights adjacent to Tierra Rejada Road and Mountain Trail Street, except for approved driveways. 34. The applicant shall dedicate on the parcel map to the City of Moorpark, public service easements as required. 35. The applicant shall delineate on the parcel map areas subject to flooding as a "Flowage Easement" and then offer the easement for dedication to the City of Moorpark. Lot to lot drainage easements, flood hazard areas and secondary drainage easement shall also be delineated on the parcel map. 36. The applicant shall offer to dedicate storm drain easements on the parcel map to the Ventura County Flood Control District, as necessary. 37. At a time determined by the City Council, Brookwood Drive shall be vacated or the offer of dedication shall be rejected. 8 LAND DIVISION MOORPARK NO: 90 -2 APPLICANT: Urban West Communities DATE: Dcember 19, 1990 38. That in conjunction with approval of the Final Map, the developer shall dedicate on the Final Map to the City of Moorpark the access rights adjacent to Mountain Trail Street and Tierra Rejada Road along the entire frontage of the parent parcel. 39. Prior to recordation of Vesting Tentative Parcel Map 90 -2, the subject area noted below shall be shown on the final map as an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping adjacent to Tierra Rejada Road and Mountain Trail Street. The area referred to shall be all landscaped portions of the required setback area adjacent to the public right -of -way on Tierra Rejada Road and Mountain Trail Street. The applicant shall be responsible for maintenance of the aforementioned area as well as the landscaping within the public right -of -way adjacent to the project. If the City at the City's sole discretion determines the landscape maintenance is determined to be unsatisfactory, the City may invoke the offer of dedication and assume responsibility of the maintenance at the owner's expense. The total cost of maintenance for the areas noted above shall be borne by the applicant. A:pm /tt.cnd 9 MOORPARK 1UL W. LAWRASON JR. Mayor BERNARDO M.PEREZ Mayor Pro Tern SCOTT MONTGOMERY Councilmember JOHN E. WOZNIAK Councilmember LILLIAN KELLERMAN City Clerk STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) SS. STEVEN KUENY City Manager CHERYL J.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development JOHN F. KNIPE City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer AYES: COUNCILMEMBERS MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 CORRECTED CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 1990 -729 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 19th day of December, 1990, as verified by the City Council approved Minutes, and that the Resolution was adopted by the following vote: AYES: Councilmembers Montgomery, Perez, Wozniak and Mayor Lawrason NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 16th day of February, 2005. Deborah S. Traffenstedt, City Clerk (seal)