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HomeMy WebLinkAboutRES CC 1991 805 1991 1002RESOLUTION NO. 91 -805 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING RESIDENTIAL PLANNED DEVELOPMENT PERMITS NOS. RPD -90 -2 AND 90 -3 AND RESCINDING RESOLUTION 91 -790 (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 Permits Nos. 90 -2 and 90 -3 and related Tentative Tract Map No. 4738, General Plan Amendment No. GPA -90 -1, and Zone Change No. Z -90 -2 to allow development of 175 multi - family condominium units on a 13.5 -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 -1351 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 Permits Nos. 90 -2 and 90 -3, 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 Permits Nos. 90 -2 and 90 -3 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 -2 and RPD 90 -3 with no changes occurring from the original approval of August 7, 1991. Resolution No. 91 -805 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 Permits Nos. 90 -2 and 90 -3 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 4738 and related RPD Permits Nos. 90 -2 and 90 -3 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. 4738 and related RPD Permits Nos. 90 -2 and 90 -3. SECTION 6. The City Council hereby approves RPD Permits Nos. 90 -2 and 90 -3 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 -805 Page 3 PASSED, APPROVED AND ADOPTED THIS 2ND DAY OF OCTOBER, 1991. MAYOR ATTEST: Lillian E. R611erman f City Clerk I o Exhibits: �o 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 L%43 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 Jessica the significant environmental effects of the project related to geologic and flooding hazards, 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 Behramo 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 contributions to cumulati-c effc;cts on tho 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 mararnum ement 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 Calif0 i nia is limited by legislation. Given the current growth rate in California, many school districts throughout the ,tatc have significant financial problems. The pace of development in Moorpark has lhc• Ixxential to ,igniti, awk- linp.,ct 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 Overriding 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 Permits 90-2 and 90 -3 A Multi - Family Residential Development Related Application and Conditions: Tentative Tract No. 4738 Applicant: The Westland Company Date: August 7, 1991 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITION GENERAL REQUIREMENTS: 1(A). Approval of these Residential Planned Development Permits 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 90 condominium units affordable to moderate income households and 85 market -rate condominium units. If compliance with this Agreement is not achieved, the City Council may nullify these RPD Permits. 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 175 multi - family residential units (85 market rate and 90 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 ,tri, 1� r ones shall take precedence. Residential Planned Development Permits 90-2 and 90-3 The 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 and directory boards. 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 final 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, which shall generally be in conformance with the Ventura County Guide to Landscape Plans and in compliance with the City of Moorpark Ordinance No. 74, 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 litnits 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 Devclopment Pcrmits 90-2 and 90-3 'Iii Westland Company August 7, 1991 C. The final design of all recreational features shall be included as part of the final landscape plans submittal, and shall be subject to the approval of the Community Development Director. d. 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 Director of Community Development. e. All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance; all pedestrian walkway plans shall be subject to Director of Community Development design approval. f. Any turf plantings associated with this project shall be drought tolerant, low -water using variety. g. Landscaping at site entrances and exits, parking lot entrances or 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. h. A coordinated tree planting program shall be developed which will provide a dominant street tree within each component of the development. Dominant street trees shall vary between residential buildings to provide aesthetic diversity within the development. i. Plantings in parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. j. Parking areas shall be screened from view through the use of landscaping and 3 -foot tall berms and /or a low wall. 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. 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 21 through 25 and 46. A deed restriction shall be required to allow only landscaping within this 10 -foot wide raised landscaped area. m. Irrigation shall be provided for all permanent landscaping., as 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 Hith the landscalic plan approved for the subdivision. -I Residential Planned Dc%clopment Permits 90-2 and W3 Tice Westland Compatn August 7, 1991 17. Roof mounted equipment shall be prohibited. Exceptions to this requirement shall be subject to approval by the Director of Community Development. 18. Water heater vents shall be located so as to not be visible from a front elevation viewpoint. 19. Any community recycling or trash disposal areas shall be provided in a location which will not interfere with circulation, parking or access to individual homes and shall be screened with a six foot high, solid wall enclosure Rich self- closing metal gates. The final design of all such enclosures shall be subject to the approval of the Director of Community Development prior to the issuance of a zoning clearance. 20. All exterior building materials, finishes, and paint colors shall be approved by the Director of Community Development Department to ensure compatibility with adjacent developments. 21. All roof jacks and metal flashing shall be painted to match the buildings or roof color. All deck drains shall drain to the side not the front. 22. Wrought iron fencing with pilasters shall be provided around any swimming pool areas. All fences and walls shall be approved by the Director of Commupity Development. 23. Solar panels for heating any swimming pool(s) constructed within the development shall be subject to the approval of the Director of Community Development prior to the issuance of a zoning clearance. 24. 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. 25. Bullnose stucco molding shall be used to soften edges of residential buildings. 26. Individual garages shall be a minimum of 20 feet in length and 20 feet in width with a minimum interior height of 8 feet. 27. All garage doors shall have automatic door openers. 28. Parking spaces shall be nine (9) feet in width and twenty (20) feet in length. An additional one -half foot width must be provided for parking spaces located adjacent to a wall. Pullover parking (overhangs) shall be limited to 24 inches maximum. No vehicles shall be allowed to encroach onto walkways or into the required landscaped setbacks along roadways. Drive aisles between parking spaces shall be thirty (30) feet in width. 29. A parking plan shall he approved by the Dirc(l,-r of C ommunity Development prior to zoning clearance approval -a. Residential Planned Dcvcloptnent Pcmlits 90-2 and 943 The Westland Company \ugust 7, 1991 30. The windows along the front and rear elevations of the residential buildings shall be double pane glass with a small pane appearance. 31. All residential units shall be constructed employing energy saving devices. These are to include, but are 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 fights. d. All thermostats connected 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. 32. 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 interference 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 lighting plans 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 fines. Layout to be based on a ten (10) foot grid center. b. Maximum overall height of fixtures shall be fourteen (14) feet. C. Fixtures must possess sharp cut -off dualities with a maximum of one -half foot candle illumination at property lines. d. There shall be no more than seven -to -one (7:1) ratio of level of illumination shown (maximum -to- maximum ratio between lighting standards). e. Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties. f. Average minimum maintained one -half foot candle illumination. g. No light shall be emitted above the 90 degree or horizontal plane. h. All parking lot pole lights shall be fully hooded and back shielded to reduce the light "spillage" and glare. 33. 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 huildings. Residential Planned Development Permits 90 -2 and 90 -3 lice Westland Company August 7, 1991 34. 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. 35. Gutters and roof drains for all buildings shall be provided. 36. No asbestos pipe or construction materials shall be used without prior approval of the City Council. 37. Condition deleted. 38. 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 Council, 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. 39. 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. Prior to 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 Ventura County Waterworks District No. 1. 41. The applicant shall pay all school assessment fees levied by the Moorpark Unified School District - Prior to occupancy, the following conditions shall be satisfied: 42. 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. 43. 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. M Residential Ni -med Development Permits 90-2 and 90-3 The Westland Company August 7, 1991 44. 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: 45. 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. 46. The striping for any parking spaces shall be maintained so that it remains clearly visible. 47. The applicant and subsequently, once formed, the Homeowners 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. CITY ENGINEER CONDITIONS Prior to Zone Clearance, the following condition shall be apply. 48. All "Prior to Final Map Approval Conditions" included for Tract 4738 are applicable to this RFD permit and shall be complied with prior to zoning clearance. 49. 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 Engine'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 apply- 50. 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. 51. The applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit for any construction within Ventura County Flood Control District right -of -way. 52. 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 Planninp, Director as hart of the grading plans. 53. An 18' slough wall shall be constructed directly I)chind the back of the sidewalk where slopes over four feet are adjacent to sidcualk so as to rcducc &-bri, from entering streets. Residential Planned Development Permits 90-2 and W3 The Westland Company August 7, 1991 54. 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. 55. 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. 56. 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. Prior to occupancy, the following conditions shall be satisfied: 57. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of this condition. 58. 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. 59(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 Permit Nos. 90-2 and 90 -3 and Tract No. 4738 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 Permit Nos. 90-2 and 90-3 and Tract No. 4738 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 Resklential Planned Development Pcrmits W -2 and 90-3 The Westland Company August 7, 1991 59(B). Subject to the City acquiring, at City's cost, all necessary right -of -way, the following offside improvements along Los Angeles Avenue :hall be completed b% 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 59(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 sball be satisfied: 60. Sufficient surety guaranteeing the public improvements shall be provided The surety shall remain in place for one year following acceptance by the City Council. 61. 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 will be scheduled. 62. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 63. 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 CONDITION'S During construction, the following conditions shall apply. 64. 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. 65. Construction equipment, tools, etc., shall be properly secured during non - working hours. 66. 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: 67. Lighting devices shall be high enough so a, I. - prevent 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 designated to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather and breakage- resistant covers. 68. Landscaping shall not cover any exterior door Residential Planned 1)cvclopmcn1 Permits 90-2 and 90-3 The Westland Company August 7, 1991 69. Landscaping at entrances /exits or at any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 70. All entrance /exit driveways shall be a minimum of 30 feet in width. 71. 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. 72. Address shall be clearly visible to approaching emergency vehicles and shall be mounted against a contrasting color. 73. There shall not be any easy exterior access to the roof area of residential units. 74. 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. 75. If an alarm system is used, it shall be wired to all exterior dcx)rs and windows and to any roof vents or other roof openings where access may be made 76. 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: 77. All access streets or drives that are 25 feet wide or less shall be posted frrelanes, both sides, in accordance with the California Vehicle Code Section 22500.1, and Article 10 of the Uniform Fire Code. 78. The applicant shall provide sufficient proof of the ability to prevent vehicle parking in "No Parking" areas and that enforcement can be secured in order that access by emergency vehicles will not be obstructed. 79. Any gates, to control vehicle access, are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. If applicable, it is recommended that the gate(s) swing in both directions. Plans for the method of gate control shall be subject to review by the Fire Prevention Division prior to installation. Gate control shall also be reviewed and approved by the Director of the Community Development Department. 80. Prior to recordation of street names, names shall be submitted to the Fire Prevention Division for review. All street names shall be approved by the City Council after review by the Fire Department. 81. Street signs shall be installed prior to occupancy. 82. Prior to construction, the applicant shall submit plans to the Ventura County Fire Prevention Division for the approval of the location of fire hydrants. Existing hydrants within 300 feet of the development shall be shown on these plans 83. That fire hydrants shall be installed and in servicr prior to combustible construction and shall conform to the minimum ,t::ndard,, of the ! fiorp.:rk Water %Yorks Manual. Residential Planncd Mvc1opment Permits 90.2 and 90-3 The Westland Company August 7, 1991 Each hydrant shall be a 6 inch wet barrel design and shall have 1 4 inch and 2 2 -1/2 inch outlets. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be 24 inch on center, recessed in from the curb face. 84. The minimum fire flow required shall be determined by the type of building construction, fire walls, and fire protection devices provided, as specified by the ISO Guide for Determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 2,250 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. 85. A minimum individual hydrant flow of 1,250 gallons per minute shall be provided at this location. 86. 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. 87. An approved Underwriters Laboratory (UL) spark arrester shall be installed on the chimney of any structure. 88. Address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are setback more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. Condo units shall be addressed at front door and at garage. 89. A plan shall be submitted to the Ventura County Fire Prevention Division for review indicating the method in which buildings are to be identified. 90. Building plans of public assembly areas, which have an occupant load of 50 or more, shall be submitted to the Ventura County Fire Prevention Division for review. 91. 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 accordar}ce with Ventura County Ordinance # 14. 92. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed with 5 feet of combustible walls, openings, or combustible roof eave lines, unless protected by approved automatic fire sprinklers. 93. An address directory map shall be placed at every entrance into the complex. Maps shall show all streets, driveways, building numbers, unit numbers and additional information that would assist in locating individual units. Residential Planncd MA-clopmcnt Permits 90 -2 and 90 -3 The Westland Company August 7, t991 VENTURA COUNTY WATERWORKS DISTRICT NO t CONDITIONS General Requirement: 94. The applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations ". Prior to Issuance of a building permit, the following conditions shall be satisfied: 95. 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 CONDITIONS Prior to approval of a zoning clearance, the following conditions shall be satisfied: 96. The Final 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 97(A). 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. 97(B). 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 byAPCD inspectors. 98. Construction activities shall be limited to between the hours of 7:00 a.m. to 7 :00 p.m., and shall exclud-_ Saturdays and Sundays. 99. During site preparation and construction, construction equipment shall be fitted with modern sound - reduction equipment. 100. A licensed security guard is required during the construction phase, or a 6 -foot high chain fence shall be constructed around the construction site. 101. The project applicant shall be required to fund all sewer infrastructure improvements necessary to accommodate the proposed project demand. 102. 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). 103. To encourage future residents and tenants of the proposed project to contribute materials for recycling, design considerations shall be include to each development component that would provide adequate space and facilities for the Mortlx end lran.fer of recyclable materials. M Residential Planned Ucvelopment Permits 90-2 and 943 The Westland Company August 7, 1991 104. All parking lot pole lights and 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 formal in the City Engineer 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 105. 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 106. 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 50% 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 tum lanes 107. Spring Road /New Los Angeles Avenue - 77it, 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). 108. Spring Road do Los Angeles Avenue Nigh Street - No feasible mitigation is available to improve 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 1 northbound right turn 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 1,Yo of the total improvement cost. 109. Moorpark Avenue at Los Angeles Avenue - The applicant shall contribute to funding improvements at this intersection to mitigate both project specific and cumulative effects. 77te 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 f urn and three through lanes westbound, and one left tuns, one through -left and one right turn lane on the southbound approach. Die applicant's contribution to the improvement of this intersection is estimated u, be about 515.001' R Residential Planned Development Permits')) -2 and 90 -3 The Westland Company August 7, 1991 110. 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 111. The applicant shall assure that contractors properly maintain and operate construction equipment and use direct injection diesel engines or gasoline powered engines if feasible. 112. The applicant shall assure that contractors water exposed graded areas on a daily basis. 113. Dust generation produced during grading shall I),: suppressed by the following activities: a. All exposed soil areas shall be sprinkled with water at least once an hour during grading operations. b. Ail trucks importing fill to the site shall use tarpaulins to cover the toad 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. On -site vehicle speed shall be limited to no more than 15 miles per hour. Emissions Associated with New Resid:nces 114. The applicant shall contribute S30,327 in air quality mitigation fees to the City of Moorpark. These funds shall be used at the CitVs discretion to pay for programs designed to reduce emissions in the local airshed. Flood Hazards 11S. 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 raised, (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 let ees, (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 east of the project will be contained and conveyed to Arroyo Simi. All Flood Control District reconinhendations shall be incorporated into project building plaits prior to issuance of grading permits and the reconunended nhitigalion measures shall confonn with City Ordinance No. 100 requirements regarding pad cie- ations and protection from a 100 year storm. Residential Planncd Development Permits 90 -2 and 90 -3 Mite Westland Company August 7, 1991 116. 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 pemtits. The final design configuration shall be acceptable to the sewer line owner of record. Geologic Hazards 117. 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). Public Services School Facilities 118. 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. 119. The project applicant shall pay required school fees to the Moorpark Unified School District prior to issuance of Building Permits. Long Term Water Supply 120. Low water consumption toilets, showers, faucets and exterior landscaping drip irrigation systems shall be required. 121. Kitchen cabinets shall be configured to enable installation of low water demand water conserving dishwashers and washing machines. All hot water lines shall be insulated. 122. All landscaping in private areas shall be serviced by drip irrigation systems. Turf areas shall be minimized in the landscaping design. Low water demand /drought tolerant native plants shall constitute the majority of the landscaping programs for private areas. 123. Adequate room shall be planned in utility right -of -ways for installation of reclaimed water pipelines to service open space landscaped areas, strcetscape landscaping, and open space residential greenbelt areas. Noise 124. A noise reduction wall shall be required along the northern perimeter of the proposed project and along other portions of the development perimeter specified by the noise consultants (e.g., along project internal cireulatioa roads near their intersection with Los Angeles Avenue). The design of this barrier shall conform to 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. 125. Interior noise reduction construction techniques shall be required for condominium units exposed to exterior noise levels in excess of 65 dB. The construction specifications computed by the noise consultant for the EIR (Walker - Celano, 1990) shall be incorporated into the project working drawings. Building permits shall not be issued until the City Building Department verifies compliance with Nome reduction speciftralion, I� Residential Planned Development Pcrmits 942 and 943 111 Westland Company August 7, 1991 126. Design standards considered to reduce noise annoyances related to plumbing, party walls, and floor - ceiling construction in two story structures shall be incorporated into project working drawings. Specifications in the Noise report for the EIR (Walker - Celano, 1990) shall be the standards adopted for these noise reduction requirements. Building permits shall not be issued until the City Building Department verifies compliance with noise reduction specifications. Hazardous Materials 127. 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. POKOW, � _• 128. 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 129. 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 -805 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. � v illian E. Kbll rman City Clerk PAUL W LAWRASON JH ©FRNAF400 M Pf ;,f 7 ;t:o' 7 V O N I c ,( )MI H HOY f T AM Y 11. JOHN r .. ;, n;:•r Mayor Mayor F"o 1— f:nr. i' drn. - .:.