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HomeMy WebLinkAboutRES CC 1991 803 1991 1002RESOLUTION NO. 91 -803 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -90 -4 AND RESCINDING RESOLUTION 91 -788. (APPLICANT: WESTLAND COMPANY) WHEREAS, at a duly noticed public hearing held on July 17, 1991, and at continued meetings on July 24 and August 7, 1991, the City Council considered the application filed by Westland Company requesting approval of RPD Permit No. 90 -4 and related Tentative Tract Map No. 4726, Gdneral Plan Amendment No. GPA -90 -1, and Zone Change No. Z -90 -2 to allow development of 116 single - family residential units on 21.9 acres of a 35.4 -acre site located south of Los Angeles Avenue in the vicinity of Maureen Lane and Goldman Avenue in Moorpark, California (Assessor Parcel Nos. 506 - 030 -135, 145, 155, 165, and 180); and WHEREAS, at duly noticed public hearings held on February 19, April 1, and June 3, 1991, the Planning Commission considered the adequacy of the Draft Environmental Impact Report (EIR) and the application filed by Westland Company requesting approval of RPD Permit No. 90 -4, received and considered public testimony from all those wishing to testify, closed the public hearing for the Draft EIR on April 1 and adopted a resolution recommending certification of the EIR on April 15, and closed the public hearing for the project -on June 3 and adopted a resolution recommending approval of RPD Permit No. 90 -4 on June 17, 1991; and WHEREAS, the City Council has reviewed and considered the information contained in the staff report dated July 17, 1991, and the Final Environmental Impact Report prepared for the proposed project; and WHEREAS, at its meetings of July 17 and July 24, 1991, the City Council opened the public hearing, received and considered public testimony from all those present wishing to testify, closed the public hearing, and reached its decision on the application at a continued meeting on August 7, 1991; and WHEREAS, at the August 7, 1991, City Council meeting, the applicant accepted conditions 67(B) of Tentative Tract No. 4726, 45(B) of RPD Permit No. 90 -4, 74(B) of Tentative Tract No. 4738, and 59(B) of RPD Permit Nos. 90 -2 and 90 -3, and waived any nexus objections to these conditions under CEQA and /or the Subdivision Map Act; WHEREAS, at the October 2, 1991, City Council meeting there was a reconsideration of previous actions regarding Resolutions of Approval for RPD 90 -4 with no changes occurring from the original approval of August 7, 1991. Resolution No. 91 -803 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. 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 of the City of Moorpark has adopted a resolution (No. 91 -785) certifying the Final EIR and approving Findings, a Statement of Overriding Considerations and a Mitigation Monitoring Program for the Westland Residential Project. SECTION 2. The City Council hereby adopts the findings for project approval contained in the City Council Staff Report dated July 17, 1991, which is incorporated herein by reference as Exhibit A as though fully set forth. SECTION 3. The City Council hereby finds that the approval of RPD Permit No. 90 -4 is consistent with the City's General Plan, subject to implementation of all Conditions of Approval contained in Exhibit B to this resolution. SECTION 4. The City Council hereby directs that implementation of the General Plan Amendment (GPA -90 -1) and Zone Change (Z -90 -2) required for approval of Tentative Tract 4726 and related RPD Permit No. 90 -4 is conditional based upon: (1) Completion of parcel rezoning by Ordinance No. 144; and (2) Full implementation of the Affordable Housing Agreement for the Westland Residential Project. If the terms and conditions of that Agreement are not carried out in full during the implementation of the project, the associated RPD permits shall be rescinded, and the City shall institute proceedings to amend the General Plan land use designation and zoning and reinstate the prior land use designation (ML: Medium Low density residential, 2.1 -3 dwelling units per acre) and zoning (R -1 -13: Single Family Residential, 13,000 square foot minimum lot size) for the property. SECTION 5. The City Council hereby finds that Residential Development Building Permit Allotments must be obtained consistent with the City's adopted Residential Development Management System prior to issuance of any building permit for Tract No. 4726 and related RPD Permit No. 90 -4. SECTION 6. The City Council hereby approves RPD Permit No. 90 -4 subject to compliance with all Conditions of Approval attached as Exhibit B to this resolution. This resolution shall not become effective until 30 days after the second reading of Zoning Ordinance No. 144 and City Council approval of the Affordable Housing Agreement for the Westland Residential Project. Resolution No. 91 -803 Page 3 PASSED, APPROVED AND ADOPTED THIS 2ND DAY OF OCTOBER, 1991. MAYOR ` ATTEST: OPT °O Lillian E. Ikellerman City Clerk Exhibits: Exhibit A - Findings Exhibit B - Conditions of Approval Exhibit A Findings and Statement of Overriding Considerations CEQA Findings A Final EIR has been prepared on the proposed Westland development which addresses the environmental effects of the project. Mitigation measures have been conceived for all significant effects. Pursuant to Sections 15043 and 15091 of the State CEQA Guidelines, the following findings are recommended: (1) Changes or alternations have been required in the project which avoid or substantially lessen the significant environmental effects of the project related to T= .. geologic and flooding hoards, impacts on community aesthetics and visual resources, effects on traffic circulation at intersections in the immediate project vicinity, the availability of long term water supplies, the effects of noise generated by traffic on Los Angeles Avenue and traffic within the project, the remediation of hazardous agricultural and petrochemical materials, (2) Changes or alterations in the social or physical environment which could lessen environmental effects but which are within the responsibility and jurisdiction of another public agency and not the City of Moorpark include effects wastewater treatment capacity, cumulative effects on traffic circulation, cumulative effects on air quality, and cumulative effects on education- (3) Physical and economic considerations make infeasible the full and complete mitigation of traffic impacts at several intersections in the City and cumulative air quality impacts. Statement of Overriding Considerations Traffic Circulation Project specific effects on local intersections, road capacity, and safety can be fully offset through the payment of fees, the installation of off site road improvements, and contributions to existing regional traffic circulation improvement programs. In addition, the project conditions require substantial traffic circulation and flooding remediation in the immediate project vicinity including widening Los Angeles Avenue between Beltramo and Liberty Bell, the extension of Unidos Avenue, signal installation, creation of a bus stop, and the correction of drainage problems at Maureen Lane and Los Angeles Avenue. The applicant has made a conscientious effort to implement the needed improvements. The number of offsite improvements being required by the City would adequately offset all project contnbutions to cumulative effects on the City's circulation system. Applicable CEQA findings include Findings 1, 2, and 3. Air Quality The project's contribution to local air quality improvement through the payment of about $75,000 in fees would partially offset the increased air quality emissions associated with the project. These funds could be used for the purchase of vans, for the development of ridesharing programs, and related air improvement measures. The construction effects of the project would be offset to the maximum extent feasible through implementation of recommended mitigation measures. Applicable CEQA findings in Findings 1, 2, and 3. Cumulative Effects on Educational Facilities Funding for educational programs and facilities in California is limited by legislation. Given the current growth rate in California, many school districts throughout the state have significant financial problems. The pace of development in Moorpark has the potential to significantly impact the quality of education for the local population. The present school fee program does not provide sufficient funds for the development of school facilities. The applicant would contribute to the solution of this problem through the payment of required fees. No further mitigation planning can be done on the part of the applicant to solve this cumulative problem. Applicable CEQA findings include Findings 2 and 3. In adopting a Statement of Oveniding Considerations, the decision - makers should also recognize that the proposed project provides affordable moderate income housing for the community and substantial offsite transportation improvements. These benefits significantly offset the project's contribution to cumulative traffic, air quality, and educational problems in the City. EXHIBIT B CONDITIONS OF APPROVAL. Residential Planned Development Permit 904 A Single Family Residential Development Related Application and Conditions: Tentative Tract No. 4726 Applicant: The Westland Company Hearing Date: August 7, 1991 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITION General Requirements: 1(A). Approval of this Residential Planned Development Permit is conditioned upon execution of an Affordable Housing Agreement between the City of Moorpark and the applicant or developer. Compliance with terms and conditions of this Agreement is mandatory, including the provision of 10 single - family homes affordable to moderate income households and 106 market -rate, single - family homes. If compliance with this Agreement is not achieved, the City Council may nullify this RPD Permit. 1(B). The General Plan Amendment and Rezone approvals shall be subject to full implementation of the Affordable Housing Agreement. If the terms and conditions of this Agreement are not carried out in full in the implementation of the project, the associated RPD permits shall be revoked and the City shall institute proceedings to amend the General Plan land use designation and zoning and reinstate the prior land use designation and zoning for the property. 2. The permit is granted for the construction of 110 detached single family residential units (100 market rate and 10 affordable) as shown on the submitted plot plans and elevations. The location and design of all site improvements shall be as shown on the approved plot plan and elevations except or unless indicated otherwise herein. 3. The final design of all buildings, open spaces, recreation facilities, walls, landscaping, fences and other design elements (including building materials, finishes, and colors) is subject to the approval of the Director of Community Development prior to issuance of a zoning clearance. 4. This 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. 5. The permittee agrees to 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 permittee of the obligations under this condition. 6. No Condition of this Permit 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 shalll take precedence. -1- Residential Planned Development Permit 90A 1'he Westland Company August 7, 1991 7. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two 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 two-year period. 8. Land uses and facilities other than those specifically approved by this Permit shall require a modification to the Permit. 9. Any minor changes to this Permit shall require the submittal of an application for a minor modification and any major changes to this Permit shall require the submittal of a major modification. 10. 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. 11. A sign permit is required for all on -site signs. 12. 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. 13. The permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. Prior to issuance of a zoning clearance, the following conditions shall be satisfied: 14. 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. 15. The fmal construction working drawings shall be submitted to the Director of Community Development for review. 16. Complete landscape plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect. The landscape plans shall comply with pertinent City Zoning Codes and shall generally be in conformance with the Ventura County Guide to Landscape Plans. The Plans shall be submitted to the Director of Community Development for review and approval. 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. The final landscape plans shall be approved by the Director of Community Development prior to issuance of Zoning Clearance. All landscaping and planting shall be accomplished and approved by the Director of Community Development, or his designee, prior to the approval of occupancy. The final project landscape plans shall include landscaping specifications, planting details, and design specifications for all of the following project components which shall be subject to the following conditions: a. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Community Development Director. b. Backflow preventers, transformers, or other exposed utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. Residential Planned Development Permit 904 The Westland Company August 7, 1991 C. A sufficiently dense tree planting plan emphasizing tall growing trees and/or shrubs shall be designed along the western site boundary to minimize quality of life changes and the loss of privacy of the adjacent single- family neighborhood along Maureen Lane. Trees shall be a minimum of 15 gallon or 24 inch box size in order to provide screening in a short time period. Recommendations regarding planting included in the EIR shall be incorporated to the degree feasible into the screening plan. The size of trees to be planted shall be subject to approval by the Community Development Department Director. d. All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance; all pedestrian walkway plans shall be subject to Director of -1 Community Development design approval. e. Any turf plantings associated with this project shall be drought tolerant, low -water using variety. f. Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. g. A coordinated street tree planting program shall be developed which will provide a dominant street tree within each of the six cul -de -sac streets in the development. Dominant street trees shall vary between streets to provide aesthetic diversity within the development. h. Written approval of all landscaping programs within the Caltrans easement along Los Angeles Avenue shall be obtained from this agency prior to approval of the landscape plan by the Director of the Community Development Department. Los Angeles Avenue landscaping improvements (including the proposed barrier wall) shall be implemented.. i. A riparian woodland planting program along the Arroyo Simi shall be included in the landscape plan. This planting plan should be designed to provide a nearly continuous canopy of local riparian woodland trees along the Arroyo margin within the project limits. Trees to be planted should include native California broadleaf trees (Sycamore, Box Elder, Elderberry, Cottonwood, Alder, and other selected species). j Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping until such time as the Homeowners' Association accepts responsibility. Prior to Homeowners' Association acceptance of responsibility for the landscaping, the applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the subdivision. 16k. The applicant shall dedicate to each adjacent Maureen Lane property owner, a ten (10) foot wide easement along the western perimeter of the proposed project to provide a buffer from adjacent development along Maureen Lane. This easement shall include restrictions to prevent any use of this dedicated are for purposes other than landscaping. In addition, the applicant or developer shall provide a raised landscaped area, a minimum of ten (10) feet in width, along the western boundary of Lots 4 through 20. A deed restriction shall be required to allow only landscaping within this 10 -foot wide raised landscaped area. 17. No roof mounted equipment (other than required vents) shall be permitted. Exceptions to this limitation must be approved by the Director of Community Development. -3- Residential Planned Development Permit 90A The Westland Company August 7, 1991 18. (Condition deleted: determined to be inapplicable subsequent to Planning Commission review). 19. All residential units shall be constructed employing energy saving devices. These are to include, but arc not limited to, the following: a. Low flush toilets (not exceed 1.6 gallons of water per flush). b. Shower controllers (which emit a maximum of 2.5 /gallons of water per minute). _-- C. Stoves, ovens and ranges, when gas fueled, shall not have continuous burning pilot lights. d. All thermostats cognected to the main space heating source shall have night setback features. e. Kitchen ventilation system to have automatic dampers to ensure closure when not in use. 20. Exterior lighting within the development shall be limited street lighting. Front yard lighting shall be limited to illumination of entryways and address identification. Excessively bright and /or unshielded front door lighting shall be prohibited. 21. Television cable service shall be provided to all residential units 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 residential buildings. 22. All existing and proposed utilities are required to be undergrounded to the nearest off-site utility pole except through transmission lines. This requirement for undergrounding includes all above ground power poles on the project site and those along the frontage of the site in the Los Angeles Avenue right -of -way. 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. 23. Gutters and roof drains for all buildings shall be provided. 24. No asbestos pipe or construction materials shall be used without prior approval of the City Council. 25. Prior to the issuance of a Zoning Clearance, a surety 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 Counci, recommend that any or all of the funds in the Surety 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 ordinance regarding condition compliance for entitlement approvals as adopted by the City Council. 26. If any archaeological or historical artifacts are uncovered during excavation operations the permittee shall assure the preservation of the site, shall obtain the services of a qualified archaeologist to recommend proper disposition of the site, and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. Should human burial remains be encountered during any grading or excavation activities, the permittee shall cease operation and shall notify the Community Development Department staff. Following notification, the permittee shall obtain the services of a qualified archaeological consultant and Native American Monitor(s) who shall assess the situation and recommend proper disposition of the site as approved by the Director of Community Development. -4- Residential Planned Development Permit 904 The Westland Company August 7, 1991 Prior to issuance of a building permit, the following conditions shall be satisfied: 27. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from Ventura County Waterworks District No. 1. 28. The applicant shall pay all school assessment fees levied by the Moorpark Unified School District. Prior to occupancy, the following conditions shall be satisfied: 29. The height of all walls around the perimeter of the project site shall be in substantial conformance with perimeter wall details included in the project Landscape Plans. Sound attenuation requirements referenced in the acoustical report for the development shall be taken into account as necessary (within CNEL contours where attenuation is required). All wall heights shall be in substantial conformance with preliminary architectural and landscape plans; the final wall design shall be prepared in consultation with the Director of the Community Development Department. Wall elevations along the western boundary of the project shall be adjusted (adjacent to Maureen Lane) to assure privacy is retained in adjacent backyards. The barrier wall shall be tan colored slumpstone or another material acceptable to the Community Development Department director. Landscaping berms and other planting techniques shall be employed to minimize the visual dominance of any perimeter walls around the development. The entire western perimeter wall between the Arroyo Simi and Unidos shall be constructed and landscaped prior to occupancy of any units situated along the westernmost cul -de -sac within the development. The barrier wall and landscaping along Los Angeles Avenue shall be completed prior to occupancy of any single family dwellings. 30. In all homes included within a distinct phase of construction, all front yard landscaping shall be fully planted prior to occupancy of any unit included within the subject construction phase. For each construction phase, all front yard landscaping shall be fully installed prior to occupancy of the last unit in that phase. 31. Prior to the issuance of an Occupancy Permit, all landscaping and irrigation system installation shall be completed and approved by the Director of Community Development or his designee. 32. No use for which this permit is granted shall be commenced with 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 some form of financial security to guarantee the agreement such as a Faithful Performance Bond. Said on -site 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 conditions shall be applicable: 33(a). The continued maintenance of the permit area 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 thirty (30) days after notification. 33(b). The applicant and subsequently, once formed, the Homeowner's Association shall remove any graffiti within ten (10) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. This requirement shall be included in the CC &Rs for the development. -5- Residential Planned Development Pcrmit 90-3 Iiu Westland Company August 7, 1991 CITY ENGINEER CONDITIONS Prior to Zone Clearance, the following condition shall apply: 34. All "Prior to Final Map Approval Conditions" included for Tract 4726 are applicable to this RPD permit and shall be complied with prior to zoning clearance. 35. 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 alteration of a watercourse is made. if a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will 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 apply. 36. 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. 37. The applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit for any construction activity within the Ventura County Flood Control District right -of -way and a Streamcourse Alteration Permit for any work within portions of the Arroyo Simi subject to the jurisdiction of the Corps of Engineers. 38. 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 Planning Director as part of the grading plans. 39. An 18" slough wall shall be constructed directly behind the back of the sidewalk where slopes over four feet are adjacent to sidewalk so as to reduce debris from entering streets. 40. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriffs Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. Contaminated or hazardous soil as defined by Department of Health Services may not be used for on -site soil fill or roadway subgrade unless the Department of Health Services determines in writing, that said material has been treated to a level that is no longer considered a public health risk or requires public disclosure by the Department of Real Estate. Any contaminated or hazardous soil shall be removed to an approved landfill. 41. Where roads requiring four or more inches of pavement are to be built, the applicant shall construct the required street section minus one -inch of paving as an interim condition until all utility cuts or trenching are completed. The final one -inch cap of asphalt shall be placed after all necessary trenching is completed. 42. No trees with a trunk diameter in excess of four inches shall be trimmed or removed without prior approval of the Director of Community Development. _i,_ Residential Planned Development Permit 9011 The Westland Company August 7, 1991 Prior to occupancy, the following conditions shall be satisfied: 43. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of this condition. 44. The Los Angeles Avenue - Goldman Avenue traffic signal shall be operational prior to any occupancy. If construction of the signal is not allowed by Caltrans at the time of the applicant's request for occupancy, the applicant shall deposit 125% of the total estimated construction cost with the City. The required bond for this signal can be exonerated if the cash deposit is provided to the City. This construction cost shall include associated engineering, construction inspection and administration costs. This cash deposit does not relieve the applicant from constructing the signal. The applicant shall construct the signal upon receiving Caltrans permission to do so. 45(A). The construction of the extension of Unidos Avenue east of the project boundary to provide a connection with Liberty Bell Road shall be completed to provide secondary access to the project site. The developer shall be eligible for reimbursement for any direct expenses relating to the construction of offsite Unidos Avenue improvements including pavement, curb, gutter, sidewalk, traffic signal, or right -of -way acquisition from the future developer of the adjacent property to the east of the project site. The City will enter into an agreement with the developer of RPD 90-4 and related Tract No. 4726 whereby the City agrees to condition the future developer of the adjacent property, where the Unidos extension is constructed, to reimburse the developer of RPD 90-4 and related Tract No. 4726 for all expenses related to this extension to the extent such reimbursement is legally enforceable. The agreement will be prepared by the City Attorney subject to review by the developer and developer's attorney. The developer shall pay for all City costs related to preparation of the agreement. The developer shall also be responsible for paying all legal, engineering, and administrative costs incurred by the City to impose and /or enforce said agreement, unless developer waives eligibility for reimbursement. The street design for Unidos Avenue shall be submitted to the City Engineer for review and approval. The cost estimate for the approved street design and related professional services shall be reviewed and approved by the City Engineer. 45(B). Subject to the City acquiring, at City's cost, all necessary right -of -way, the following offside improvements along Los Angeles Avenue shall be completed by the developer: ultimate paveout of the right -of -way shall be provided along the south side of Los Angeles Avenue between the easterly project boundary and Liberty Bell Road and between the westerly project boundary and the easterly boundary of Tract No. 3841; except that, if any portion of the right -of -way has not been acquired by City within 45 days prior to the first unit otherwise qualifying for occupancy, then paveout of that portion shall be completed within 45 days after that portion is acquired. 45(C). The drainage problem that exists at Maureen Lane along the south side of Los Angeles Avenue shall be corrected to the satisfaction of the City Engineer. Prior to acceptance of public improvements and bond exoneration, the following conditions shall be satisfied: 46. Sufficient surety guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance by the City Council. 47. 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 "asbuilt" plans is required before a final inspection mill be scheduled. -7- Residential Planned Development Pcmtit 904 The Westland Company August 7, 1991 48. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 49. The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. MOORPARK POLICE DEPARTMENT CONDITIONS During construction, the following conditions shall apply: 50. 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. 51. Construction equipment, tools, etc., shall be properly secured during non- working hours. 52. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured prior to installation. All serial numbers shall be recorded for identification purposes. Prior to occupancy, the following conditions shall be satisfied: 53. Landscaping shall not cover any exterior door. 54. Landscaping at any intersection shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 55. 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. 56. Address shall be clearly visible to approaching emergency vehicles and shall be mounted against a contrasting color. 57. There shall not be any easy exterior access to the roof area of residential units. • 58. The number location of individual units shall be displayed at or near each unit entrance and lighted during the hours of darkness. If used, directory boards require a separate sign permit. 59. If an alarm system is used, it shall be wined to all exterior doors and windows and to any roof vents or other roof openings where access may be made. 60. Upon occupancy by the owner or proprietor, each single unit in the development, constructed under the same general plan, shall have locks using combinations which are interchanging free from locks used in all other separate proprietorships or similar distinct occupancies. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS Prior to the issuance of a zoning clearance, the following conditions shall be satisfied: 61. Access roads shall be installed with an all weather surface, suitable for access by fire department apparatus. A minimum clear street width of 30 feet shall be provided. Residential Planned Development Permit 904 lice Westland Company %ugust 7, 1991 62. 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. 63. When only one (1) access point is provided, the maximum length of such access shall not exceed 800 feet. 64. A secondary access road shall be provided to the development. 65. Street signs shall be installed prior to occupancy. 66. Address numbers, a minimum of 4 inches (4 ") 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 setback more than 150 feet (1511') from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 67. A minimum fire flow of 1,000 gallons per minute shall be provided at this location. 68. Prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for the approval of the location of fire hydrants. All existing hydrants within 500 feet of the development shall be shown on this plan. 69. 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 one 4 inch and one 2 -1/2 inch outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 500 feet on center, and so located that no structure will be farther than 250 feet from any one hydrant. d. Fire hydrants shall be 24 inches on center, recessed in from the curb face. 70. Any structure greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #14. 71. All grass or brush exposing any structure(s) shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 72. An Underwriters Laboratory (UL) approved spark arrestor shall be installed on the chimney of any structure(s). VENTURA COUNTY WATERWORKS DISTRICT NO 1 CONDITIONS General Requirement: 73. The applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations ". -9- Residential Planned Development Pcrmit 903-1 The Westland Company August 7, 1991 Prior to issuance of a building permit, the following conditions shall be satisfied: 74. The District shall be allowed to review the adequacy and level of service for the project when tenant improvements are requested. Additional facilities, on -site treatment, or other modifications may be required as a condition of certain tenant improvements. VENTURA COUNTY FLOOD CONTROL AND WATER RESOURCES DEPARTMENT CONDITION Prior to approval of a zoning clearance, the following conditions shall be satisfied: 75. The Drainage Study shall be reviewed and approved by the County of Ventura Flood Control and Water Resources Department. CONDITIONS GENERATED AS A RESULT OF THE ENVIRONMENTAL ANALYSIS Environmental Protection Conditions to be Implemented During Construction 76. A regular watering program shall be implemented to reduce fugitive dust. Twice during the work day and at the end of the work day, graded portions of the project site shall be watered to create a "crust" surface. This would reduce the amount of dust generated during non -work hours. 77. The applicant(s) shall obtain a grading permit from the City of Moorpark prior to Zoning Clearance. All grading operations shall be subject to compliance with the Ventura County APCD dust control measures as enforced by APCD inspectors. 78. All grading and construction equipment shall be kept on or near the .site until those phases of development are completed. 79. Site access roads shall be covered with gravel or paving. 80. Public streets in the vicinity of the site shall be periodically washed down with water. 81. Construction activities shall be limited to between the hours of 7:00 a.m. to 7 :00 p.m., and shall exclude Saturdays and Sundays. 82. During site preparation and construction, construction equipment shall be fitted with modern sound - reduction equipment. 83. A licensed security guard is required during the construction phase, or a 6-foot high chain fence shall be constructed around the construction site. 84. Construction equipment, tools, etc., shall be properly secured during non - working hours. Other Conditions Related to the EnAronmental Analysis: 85. Quimby fees shall be paid which are consistent with City ordinances designed to mitigate impacts on park facilities created by the addition of new residents to the City. 86. The project applicant shall be required to fund all sewer infrastructure improvements necessary to accommodate the proposed project demand. _in_ Residential Planned Development Pcrmit 90-4 The Westland Company August 7, 1991 87. The applicant shall be required to comply with all pertinent County of Ventura Public Works Department connection regulations. These mitigation measures shall be implemented by the County Public Works Department (Waterworks District No. 1). 88. All street lights shall be fully hooded and back shield to reduce the light "spillage" and glare. ENVIRONMENTAL IMPACT REPORT CONDITIONS Some of the following mitigation conditions have been incorporated into the recommended City Engineer conditions listed above. Duplicated conditions included in revised format in the City Engineer Conditions (for either this RPD Permit or the associated Tract Map Conditions) are indicated in italics. In cases where a mitigation condition conflicts with another Condition of Approval, the stricter condition shall apply. Environmental Quality Monitoring Program 89. Prior to issuance of any zoning clearance for the Westland project, the applicant shall fund the appointment of an Environmental Quality Assurance Monitor for the project. The monitor shall be selected by and contracted with the City-, this monitor shall be financially and professionally independent of the developer. This monitor shall be under contract full time for the duration of the construction period during which all roads, rough and finish grading, and utilities are installed. Monitoring would be periodic following the completion of these phases of construction. Monitoring shall begin with the initiation of pre - construction demolition and be terminated when all landscaping mitigation measures have been implemented and been field verified. The monitor shall be responsible for all mitigation measure enforcement and compliance with monitoring reporting requirements. Traffic and Circulation 90. Goldman Avenue /Los Angeles Avenue Signalization and Improvements - A traffic signal shall be installed at this location prior to occupancy of the proposed project. The Westland development shall be responsible for paying for 50010 of the cost of this new signal (about $50,000). In addition to this signalization, the south side of Los Angeles Avenue shall be improved to ultimate planned width along the project frontage. This segment shall be striped for lane markings consistent with existing traffic movements (including a westbound left turn lane). Northbound and southbound Goldman Avenue shall be striped for separate left and right tuns lanes. 91. Spring Road /New Los Angeles Avenue - 77se City of Moorpark is currently coordinating an intersection improvement project at this location which would require right -of -way acquisition, widening to allow installation of additional northbound and southbound left turn lanes and provision of additional eastbound and westbound through lanes, (while retaining all other existing lanes). The proposed development shall be required to participate in a cost - sharing allocation for this improvement (estimated to be about $9000 or 4.5% of the total intersection reconstruction cost). 92. Spring Road & Los Angeles Avenue Nigh Street - No feasible mitigation is available to improwe this intersection to acceptable levels of service due to the limits of existing rights -of -way and development Some improvements to LOS at this location can be achieved by restriping Spring Road to provide I northbound right tuns lanes and a combined northbound through -left turn lane. The project's prorata share of this improvement is estimated to be about $1500 or 4% of the total improvement cost. 93. Moorpark Avenue at Los Angeles Avenue - The applicant shall contribute to funding improvements at this intersection to mitigate both project specific and cumulative effects. The intersection should be redesigned to provide a northbound left tuns, through and right tuns lane, two eastbound left turn and three through lanes, one left tum and three through lanes µ•estbound and one left tum, one through -left and one right tuns lane on the southbound approach. %Ise applicant's contribution to the improvement of this intersection it estimated to he about $1 5,000 -11- Residential Planned Development Permit 904 The Westland Company August 7, 1991 94. The applicant shall contribute to the Los Angeles Avenue Area of Contribution. The actual contribution shall be the adopted fee at the time official map approval. Air Quality Construction Emissions 95. The applicant shall assure that contractors properly maintain and operate construction equipment and use direct injection diesel engines or gasoline powered engines if feasible. 96. Dust generation produced dimming grading shall be suppressed by the following activities: a. All exposed soil areas shall be sprinkled with water at least once an hour during grading operations. b. All trucks importing fill to the site shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 4 p.m. on weekdays only. C. All active portions of the construction sites shall be sufficiently watered to prevent excessive generation of dust. d. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. e. All grading and excavation operations shall cease during periods of high winds. f. On -site vehicle speed shall be limited to no more than 15 miles per hour. Emissions Associated with New Residences 97. The applicant shall contribute $45,490 in air quality mitigation fees to the City of Moorpark. These funds shall be used at the City's discretion to pay for programs designed to reduce emissions in the local airshed. Flood Hazards 9x Channel bank protection along the Arroyo Simi conforming to County Flood Control District requirements shall be incorporated into the project design. The channel bank protection plan shall address (1) whether the existing toe rock must be increased if the north or south levees are raise4 (2) whether there will be any change to the water surface elevation due to the additional rip -rap to the toe rock and to the top of the levees, (3) the impact of any change to the water surface elevation on the proposed Arroyo Vista Park and Nigh School property on the south side of the Arroyo Simi shall be mitigated in accordance with FEMA and VCFCD requirements, and (4) how the shallow flooding from the property to the eau of the project will be contained and conveyed to Arroyo Simi. All Flood Control District recommendations shall be incorporated into project building plans prior to issuance of grading permits and the recommended mitigation measures shall conform with City Ordinance No. 100 requirements regarding pad elevations and protection from a 100 Year storm. 1 ?- Zesidential Planned Development Permit 90-4 ITte Westland Company \ugust 7, 1991 99. Reinforcement of the existing sewer line (in the vicinity of the proposed levee reconstruction) shall be completed to achieve compliance with County Flood Control and Engineering standards. In consultation with County Flood Control and Waterworks District 1, a final design solution for this problem shall be decided upon prior to issuance of building permits. The final design configuration shall be acceptable to the sewer line owner of record. Geologic Hazards 100. The design mitigations recommended by the geotechnical consultants shall be incorporated into the project working drawings. The City Engineer shall verify that all design measures are accounted for in the building plans prior to issuance of any Building Permits for the project. Specific design measures are provided in the EIR Technical Appendix (Buena Engineers 1990. 9 -12). Biological and Botanical Resources 101. A riparian woodland planting program shall be required along the Arroyo Simi within and adjacent to the project boundary. This planting plan should be designed to provide a nearly continuous canopy of local riparian woodland trees along the Arroyo margin within the project limits. Trees to be planted should include native California broadleaf trees (Sycamore, Box Elder, Elderberry, Cottonwood, Alder, and other selected species). Public Services School Facilities 102. The new elementary school currently under construction in the project vicinity shall be completed and operating prior to release of the Certificates of Occupancy for the Westland housing project. 103. The project applicant shall pay required school fees to the Moorpark Unified School District prior to issuance of Building Permits. Long Term Water Supply 104. Low water consumption toilets, showers, faucets and exterior landscaping drip irrigation systems shall be required. 105. Kitchen cabinets shall be configured to enable installation of low water demand water conserving dishwashers and washing machines. All hot water times shall be insulated. 106. Adequate room shall be planned in utility right -of -ways for installation of reclaimed water pipelines to service open space landscaped areas, streetscape landscaping, and open space residential greenbelt areas. Noise 107. Any required noise reduction walls along internal circulation roads or along the northern perimeter of the proposed project shall be constructed to conform with requirements presented in the Noise Technical Report (Walker -Celano 1990) prepared for the project. The noise barrier shall be reviewed and approved by the Community Development Department prior to issuance of Zoning Clearance. -13- .Iesidcntial Planned Development Permit 1X)4 [he Westland Company %ugust 7, 1991 Hazardous Materials 108. Prior to issuance of grading permits, the applicant shall submit a report to the Community Development Department demonstrating compliance with all remedial actions recommended in the Phase II Hazardous Materials Assessment. In addition, an environmental engineer should monitor the demolition of existing industrial facilities on the property and if significant hazardous material contamination is observed or detected, remedial actions shall be required. City Council Conditions 109. Developer shall phase construction of the project so that at least one (1) Affordable Condominium, unit is constructed and available for occupancy (building final) for every one (1) Exempt Condominium Unit constructed and available for occupancy, and so that at least one (1) Affordable Detached Unit is constructed and available for occupancy for every ten (10) Exempt Detached Units constructed and available for occupancy. Not more than sixty (60) single family residential units (including both Affordable and Exempt Detached Units) shall be constructed and available for occupancy before at least twenty-five (25) attached residential condominium units (including both Affordable and Exempt Condominium Units) have been constructed and available for occupancy, and not more than ninety (90) single family residential units (including both Affordable and Exempt Detached Units) shall be constructed and available for occupancy before at least fifty (50) attached residential condominium units (including both Affordable and Exempt Condominium units) have been constructed and available for occupancy. After ninety (90) single family residential units (including both Affordable and Exempt Detached Units) have been constructed and available for occupancy, at least five (5) attached residential condominium units (including both Affordable and Exempt Condominium units) shall be constructed and available for occupancy for every one (1) single family residential unit (including both Affordable and Exempt Detached units) constructed and available for occupancy until all one hundred seventy -five (175) attached residential condominium units (including both Affordable and Exempt Condominium units) have been constructed and available for occupancy. 110. At the time of occupancy (building final) of each residential unit, the applicant shall make a contribution of $3,000 to the City which will be used to fund public street or traffic improvements, and related expenses as determined by the City Council, which would be directly or indirectly impacted by project generated traffic. M MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 91 -803 was adopted by the City Council of the City of Moorpark at a meeting held on the 2nd day of OCTOBER `, 1991, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS MONTGOMERY, PEREZ, TALLEY, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 22nd day of JANUARY 1992. Tian E. Kell,erman City Clerk PAUL W. LAWRASON JR BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E TALLEY JR JOHN E WOZNIAK Mayor Mayor Pro Tern Councdmembe , Councilmember Councdmemoer