HomeMy WebLinkAboutRES CC 1995 1096 1995 0111RESOLUTION NO. 95 - 1096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA APPROVING MAJOR MODIFICATION NO. 1 TO RESIDENTIAL
PLANNED DEVELOPMENT PERMIT NO. 89 -4, AND MAJOR MODIFICATION NO. 1
TO VESTING TENTATIVE TRACT MAP NO. 4637 (URBAN WEST COMMUNITIES)
WHEREAS, at duly noticed hearings on May 23 and June 27,
1994, the City Council considered the application filed by Urban
West Communities, requesting approval of Major Modification No. 1
to Vesting Tentative Tract Map No. 4637 and Major Modification No.
1 to Residential Planned Development Permit No. 89 -4; and
WHEREAS, at its meetings of December 7, 1994 and January
4, 1995, the City Council opened the public hearing, took testimony
from all those wishing to testify and closed the public hearing on
January 4, 1995; and
WHEREAS, at the aforementioned meetings, the City Council
considered Major Modification No. 1 to Vesting Tentative Tract Map
No. 4637 -1 and -2, more specifically described as:
Tract 4637 -1
Phase Units Acreage
1
18
1.82
2
18
1.29
3
18
.94
4
18
1.28
5
18
1.16
6
18
1.13
7
12
.74
8
18
.85
TOTAL
138
_
9.21
4637 -2
Phase Lots Acreage
1
22
3.10
2
17
1.92
3
20
2.62
4
17
2.68
5
22
2.49
TOTAL
98
12.81
and;
WHEREAS, at the aforementioned meetings, the City Council
also considered Major Modification No. 1 to Residential Planned
Development Permit No. 89 -4 for approval of 138 attached multi-
family units more specifically described as:
Villagio
Plan Square Feet Bedrooms No. Units
Plan A 1135 2 46
Plan B 1384 2 46
Plan C 1537 3 46
138
Range of sale price from $140,000 to $180,000; and
WHEREAS, at the aforementioned meetings, the City Council
further considered Major Modification No. 1 to RPD 89 -4 for
approval of 98 detached multi - family condominium units more
specifically described as:
Belcourt
Plan Square Feet Bedrooms No. Units
Plan 1 1505 3 25
Plan 2 1724 3 35
Plan 3 1987 4 38
98
Range of sale price from $195,000 to $215,000; and
WHEREAS, the project is located south of Mountain Trail Street
between Mountain Meadow Drive and Cedar Spring Street in the City
of Moorpark, Assessor's Parcel No. 505 -0- 153 -01; and
WHEREAS, the City Council after review and consideration of
the information contained in the staff reports dated November 21,
1994, January 4 and 5, 1995, reached a decision on this matter on
January 11, 1995.
WHEREAS, the City Council makes the following findings:
C.E.Q.A. Findings
the environmental issues, effects and mitigation for the proposed
project are similar to those addressed in the EIR prepared for PC -3
and that all if any impacts are adequately addressed in that EIR.
Subdivision May Act Findings
Based on the information set forth above, it is determined that the
Tentative Parcel Map, with imposition of the attached conditions,
meets the requirements of the Government Code Sections 66473.5,
66474, 66474.6, and 66478.1 et seq., in that:
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1. The proposed map is consistent with the General Plan;
2. That the design and improvements of the proposed subdivision
is consistent with the General Plan;
3. The site is physically suitable for the type of development
proposed;
4. The design of the subdivision and the proposed improvements
will not cause substantial environmental damage;
5. The design of the subdivision and the type of improvements
will not cause serious public health problems;
6. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within the
proposed subdivision;
7. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements under
Water Code Section 13000 et seq.; and
8. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake, or
reservoir.
Residential Planned Development Findings
1. The proposed use is consistent with the purpose, intent,
guidelines, standards, policies, and provisions of the City's
General Plan and Zoning Ordinance;
2. The proposed use will not impair the integrity and character
of the zone in which it is to be located;
3. The proposed use is compatible with land uses permitted within
the General Plan land use designations and the zone in the
general area where the use is to be located;
4. The proposed use will not be obnoxious or harmful or impair
the utility of the property itself or neighboring property or
uses, and;
5. The proposed uses will not be detrimental to the public
interest, health, safety, convenience, or welfare.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council determines that the
environmental issues, effects and mitigation for the proposed
project are similar to those addressed in the EIR prepared for PC -3
and that all if any impacts are adequately addressed in that EIR.
Section 2. The City Council hereby approves Major
Modification No. 1 to Vesting Tentative Tract Map No. 4637 and
Major Modification No. 1 Residential Planned Development Permit No.
89 -4, and hereby adopts the following conditions:
CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT NAP NO. 4637
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
A: GENERAL REOUIRENENTS
1. The conditions of approval of this Tentative Parcel Map and
all provisions of the Subdivision Map Act, City of Moorpark
Ordinance and adopted City policies supersede all conflicting
notations, specifications, dimensions, typical sections and
the like which may be shown or said map.
2. Recordation of this subdivision shall be deemed to be
acceptance by the subdivider and his heirs, assigns, and
successors of the conditions of this Map. A notation which
references approved conditions of approval shall be included
on the Final Map in a format acceptable to the Director of
Community Development.
3. This Vesting Tentative Tract Map shall expire three years from
the date of its approval. The Director of Community
Development may, at his discretion, grant up to two (2)
additional one (1) year extensions for map recordation, if
there have been no changes in the adjacent areas and if
applicant can document that he has diligently worked towards
map recordation during the initial period of time. The
request for extension of this entitlement shall be made in
writing, at least 30-days prior_ to the expiration date of the
permit.
4. The subdivider shall defend, indemnify and hold harmless the
City and its agents, officers and employees from any claim,
action or proceeding against the City or its agents, officers
or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions,
agents, officers, or employees concerning the subdivision,
which claim, action or proceeding is brought within the time
period provided therefore in Government Code Section 66499.37.
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The City will promptly notify the subdivider of any such
claim, action or proceeding, and, if the City should fail to
do so or should fail to cooperate fully in the defense, the
subdivider shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers
and employees pursuant to this condition.
The City may, within its unlimited discretion, participate in
the defense of any such claim, action or proceeding if both of
the following occur:
The City bears its own attorney fees and costs;
The City defends the claim, action or proceeding in good
faith.
The subdivider shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the subdivider. The subdivider's
obligations under this condition shall apply regardless of
whether a final map or parcel map is ultimately recorded with
respect to the subdivision.
5. The subdivider shall submit to the Department of Community
Development and the City Engineer for review a current title
report which clearly states all interested parties and lenders
included within the limits of the subdivision as well as any
easements that affect the subdivision.
B. PHASING (Tentative Tract Maps Only)
6. The Final Map shall be recorded in phases (as indicated on the
tentative map).
C. UTILITY AGENCY REQUIREMENTS
7. Prior to approval of a Final Map, the subdivider shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
subdivision have been made. The subdivider shall comply with
Ventura County Waterworks Rules and Regulations, including
payment of all applicable fees.
8. Prior to approval of a Final Map, an unconditional
availability letter shall be obtained from the County
Waterworks District No. 1 for sewer and water service for each
lot. Said letter shall be filed with the Department of
Community Development or, if said Unconditional Availability
Letter in a form satisfactory to the City cannot be obtained
from the County Waterworks District No. 1, the developer shall
execute a Subdivision Sewer Agreement in a form satisfactory
to the City. Said agreement shall permit deferral of
unconditional guarantee for sewer and water service until
issuance of a building permit for each lot in the subdivision.
Said agreement shall include language holding the City
harmless against damages in the event of the ultimate lack of
adequate water or sewer service.
9. At the time water service connection is made, cross connection
control devices shall be installed on the water system in a
manner approved by the County Waterworks District No. 1.
10. Prior to approval of a final map, the subdivider shall post
sufficient surety bond to assure that all proposed utility
lines within and immediately adjacent to the project site
shall be placed undergrounded to the nearest off -site utility
pole. All existing utilities shall also be undergrounded to
the nearest off -site utility pole with the exception of 66 KVA
or larger power lines. This requirement for undergrounding
includes all above - ground power poles on the project site as
well as those along the frontage roads of the site.
D. FEES, CONTRIBUTIONS AND DEPOSITS
11. The Map shall be submitted in accordance with County Ordinance
No. 3982 entitled "An Ordinance of the Ventura County Board of
Supervisors Requiring New Subdivision Records to be Included
in the County's Computer -Aided Mapping System and Establishing
Related Fees"
E. CONDITIONS, COVENANTS AND REQUIREMENTS
12. Covenants, Conditions and Restrictions, and By -laws
establishing a Owners Association for the proposed division
shall be prepared and shall identify the maintenance
responsibility for, but not Limited to, the following
responsibilities:
Maintenance of all streets and common - shared driveways, all
storm drains and channels, and any slope directly affecting
drainage or street facilities (collectively "Maintenance
Areas"). Should the association fail to maintain the
Maintenance Areas, or any portion thereof, in a satisfactory
manner, the Maintenance Areas, or portion thereof, shall be
annexed, at the City's option, to a City Assessment District.
The total cost of the maintenance provided by the Assessment
District shall be borne by the lot owners within the tract.
Prior to recordation of the Final Map, an easement covering
the Maintenance Areas shall be irrevocably offered to the City
for maintenance purposes.
13. The CC &R's shall include all Tentative Map conditions of
approval which have been identified by the Director of
R
Community Development for inclusion in the CC &R's, and shall
be submitted to the Director of Community Development and the
City Attorney for review and approval prior to Final Map
approval by the City Council. Tentative Map conditions of
approval shall be highlighted in the copies of the CC &R's
submitted for City review. Prior to sale of any lots, the
CC &R's shall be approved by the State Department of Real
Estate and then recorded. Approval by the City shall not be
construed to mean that the City has any obligation to enforce
CC and R's.
14. The subdivider shall be required to pay all costs associated
with City Attorney and Department of Community Development
review of the project CC &R's prior to Final Map approval.
Note: The Owners' Association may modify the CC &R's only to
the extent that they do not conflict with the terms of
approval of the Tentative Map. Sixty (60) days notice must be
given to the City of the intent to modify CC and R's.
Further, it is the sole responsibility of the Owner's
Association to enforce the CC &R's.
15. The CC &R's shall include a requirement that any future
residential units constructed in the subdivision shall comply
with Chapter 2 -53 of Part 2 and Chapter 4 -10 of Part 4, of
Title 24 of the California Administrative Code.
16. The CC &R's shall include a requirement that ultra -low water
consumption plumbing fixtures shall be installed consistent
with City irrigation standards. The CC &R's shall also include
a requirement for the following energy saving devices:
a. Stoves, ovens, and ranges, when gas fueled, shall not
have continuous burning pilot lights.
b. All thermostats connected to the main space heating
source shall have night setback features.
C. Kitchen ventilation system shall have automatic dampers
to ensure closure when not in use.
17. The CC &R's shall include language requiring that no
structures, walls, or fences shall be erected which impede or
restrict flow of drainage waters between lots.
18. The CC &R's shall include language prohibiting use of wood or
asphalt shingles as roofing materials for residential
structures.
19. The CC &R's shall require the Homeowner's Association to remove
any graffiti within five (5) days from written notification by
the City of Moorpark. All such graffiti removal shall be
completed to the satisfaction of the City.
CITY ENGINEER CONDITIONS
TT 4637 -1 and 4637 -2
PRIOR TO APPROVAL OF THE FINAL NAP, THE FOLLOWING CONDITIONS SHALL
BE SATISFIED:
GRADING
20. The applicant shall submit to the City of Moorpark for review
and approval, a grading plan prepared by a Registered Civil
Engineer; and shall post sufficient surety guaranteeing
completion. Any slopes shall be no steeper than 2:1
(horizontal:vertical). In addition, the soils report shall
discuss the contents of the soils as to the presence or
absence of any hazardous waste or other contaminants in the
soils.
21. The applicant shall submit to the City of Moorpark for review
and approval, a detailed Soils Report certified by a
Registered Civil Engineer in the State of California. The
report shall include a Geotechnical investigation with regard
to liquefaction, expansive soils, and seismic safety.
The grading plan shall incorporate the recommendations of the
approved Soils Report. Note: Review of the soils report by
the City's consultant may be required by the City Engineer.
If so, the applicant shall reimburse the City for all costs
including the City's administrative and overhead costs.
22. All requests for staged grading must be submitted in
writing to the City Engineer for review and approval by
the City Council.
STORM RUN -OFF
23. The applicant shall demonstrate for each building pad to the
satisfaction of the City Engineer as follows:
a. Adequate protection from 100 -year frequency storm; and
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura
County Standards.
24. The applicant shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic and hydraulic
calculations prepared by a California Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements. The drainage plans and calculations shall
indicate the following conditions before and after
development:
a. Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations, detention facilities, and drainage courses.
Hydrology shall be per the current Ventura County
Standards except as follows:
b. All catch basins in sump locations shall carry a 50 -year
frequency storm;
C. All catch basins on continuous grade shall carry a 50-
year storm;
d. All catch basins in a sump condition shall be sized such
that depth of water at intake shall equal the depth of
the approach flows;
e. All culverts shall carry a 100 -year frequency storm;
f. Drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering
collector or secondary roadways;
g. Under a 50 -year frequency storm, all streets shall be
provided with a minimum of one travel lane with a goal
that local, residential and private streets shall have
one dry travel lane available;
h. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the subdivider;
i. All drainage grates shall be designed and constructed
with provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer;
j . If the land to be occupied is in an area of special flood
hazard, the subdivider shall notify all potential buyers
in writing of this hazard condition. The grading plan
shall also show contours indicating the 100 & 500 year
flood levels.
k. All flows from brow ditches, ribbon gutters and similar
devices shall be deposited into the storm drain system
prior to entering streets. If necessary, the storm drain
shall be extended beyond the public right -of -way through
easements to eliminate surface flow between parcels. Both
storm drain and easements outside the right -of -way are to
be maintained by the Property - Owners' Association as
required by the City Engineer;
1. All bench drains shall be constructed of tan colored
concrete as approved by the Director of Community
Development.
M. Drainage for the development shall be designed
and installed with all necessary appurtenances
to safely contain and convey storm flows to
their final point of discharge, subject to
review and approval of the City Engineer.
25. The applicant shall provide for all necessary on -site and off -
site storm drain facilities required by the City to
accommodate upstream and on -site flows. Facilities, as
approved by the City, shall be delineated on the final
drainage plans. Either on -site retention basins or storm
water acceptance deeds from off -site property owners must be
specified. These facilities must also be acceptable to the
Ventura County Public Works Agency.
26. Any lot to lot drainage easements and secondary drainage
easements shall be delineated on the final map. Assurance in
the form of an agreement shall be provided to the City that
these easements will be adequately maintained by property
owners to safely convey storm water flows. The CC &R's shall
be submitted for review and approval and shall include
provisions for the Homeowner's Association to maintain any
private storm drainage systems.
27. Sufficient surety, as specified by the City Engineer,
guaranteeing the public improvements shall be provided. The
surety shall remain in place for one year following acceptance
of the public improvements by the City.
STREET IMPROVEMENTS
28. The applicant shall submit to the City of Moorpark, for
review and approval , street improvement plans prepared
by a registered Civil Engineer, for the interior streets.
The applicant shall also submit landscaping plans and a copy
of the CC &R's showing that provisions have been taken to
provide for and maintain proper sight distances.
29. The applicant shall deposit with the City of Moorpark a
contribution for the Spring Road /Tierra Rejada Road
Improvement Area of Contribution (AOC).
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The actual deposit shall be the then current Spring
Road /Tierra Rejada Road Contribution rate, applicable at
the time of payment. If previous payment of this
contribution can be demonstrated as previously paid to
the City's satisfaction, upon concurrence of the City
Manager, the applicant would not have to pay the Area of
Contribution fee.
30. The applicant shall submit to the City of Moorpark for review
and approval, street improvement plans prepared by a
Registered Civil Engineer; shall enter into an agreement with
the City of Moorpark to complete the improvements; and shall
post sufficient surety guaranteeing the construction of the
improvements. Any right -of -way acquisition necessary to
complete the required improvements will be acquired by the
subdivider at his expense. The Agreement shall be prepared by
the City and shall be signed by all parties of interest.
Dedicated public streets shall conform to the Ventura County
Road Standards (most recent revision).
The street improvement plans shall provide for the
widening of Mountain Trail St. at the southeast corner of
the intersection of Mountain Meadow Drive. The existing
transition shall be widened to provide a minimum curb to
curb width of 51 feet. The striping configuration shall
provide two twelve foot through lanes, one eleven foot
turn lane and two eight foot bike lanes. Any right -of-
way necessary for the widening shall be dedicated to the
City on the Tract Map.
31. "A", "J" and "K" Streets shall be designed per Ventura County
Standard Plate B -5B having a 49 foot right -of -way and a
pavement width of 36 feet and shall be offered to the City for
dedication.
The intersection of "J" and "K" Street shall be designed and
constructed with a knuckle per Ventura County Standard Plate
C -4.
a. At the developer's expense, stop signs shall be installed
at the following intersections:
On "A" Street at Cedar Spring Street
On "A" Street at Mountain Meadow Drive
On "J" Street at "A" Street
On "K" Street at "A" Street
b. At the developer's expense, "A" Street shall be posted
and marked for "no parking" if required by the City
Council.
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32. A meandering sidewalk on Mountain Meadow Drive, Mountain Trail
Street and Cedar Springs Street along the property frontage
shall be constructed, with the precise design and location
approved by the Director of Community Development and City
Engineer. The following criteria for the design shall be met:
a. Sidewalk cross -fall shall not exceed 2 %.
b. Sidewalks to be a minimum of five feet wide at all
points.
C. The meandering sidewalk shall be contained either within
street right -of -way or within an easement offered to the
City and recorded in conjunction with the map.
d. The applicant or homeowner's association shall provide an
agreement to maintain the sidewalk and any related
landscaping. The agreement shall be provided to the City
for review and approval prior to map approval and shall
be recorded in conjunction with the approved map.
33. For subdivisions with private roads. The subdivider shall
make an irrevocable offer of dedication on the Final Map or by
separate document to be recorded concurrently with the Final
Map, of easements to the City of Moorpark over all private
streets shown on the Tentative Map (or Parcel Map) for the
purpose of providing access to: a) all governmental agencies
that provide public safety, health and welfare purposes or
that enforce laws and ordinances; and b) all members of the
public who reasonably need to be vacated over the private
streets because of a state of emergency declared by a
representative of the City or of the Ventura County Fire
Protection District. The irrevocable offer of dedication shall
include a subordination clause regarding all interested
parties, in favor of the City. The subordination agreement
shall also encumber all future successors in interest,
assigns, heirs, and the like.
34. The applicant shall demonstrate legal access to all parcels to
the satisfaction of the City Engineer.
35. The subdivider shall submit to the City of Moorpark for review
and approval, evidence that the CC &R's will include provisions
for maintenance of the "Private Drive" and any Storm Drain
facilities required in conjunction with development of the
site.
36. The proposed private street design shall be submitted to the
City Engineer for review and approval. The plan shall show
that access for Fire Protection and other service vehicles can
be provided.
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OTHER
37. The applicant shall provide slope easements, for road
maintenance purposes only, along all roads where the top of
cut plus 5 feet or the toe of fill plus 5 feet is beyond the
dedicated right -of -way. Said slope easements shall include
the area covered by the cut slope plus 5 feet and fill slope
plus 5 feet.
38. For any Final Map, or Parcel Map (containing five or more
parcels), or any Parcel Map whereupon dedications are required
to be offered, the applicant shall transmit by certified mail
a copy of the conditionally approved tentative map together
with a copy of section 66436 of the State Subdivision Map Act
to each public entity or public utility that is an easement
holder of record. Written compliance shall be submitted to
the City of Moorpark.
39. If any of the improvements which the applicant is required to
construct or install is to be constructed or installed upon
land in which the applicant does not have title or interest
sufficient for such purposes, the applicant shall do all of
the following at least 60 days prior to the filing of the
final or parcel map for approval pursuant to Governmental Code
Section 66457.
a. Notify the City of Moorpark (hereinafter "City ") in
writing that the applicant wishes the City to acquire an
interest in the land which is sufficient for the purposes
as provided in Governmental Code Section 66462.5.
b. Supply the City with (i) a legal description of the
interest to be acquired, (ii) a map or diagram of the
interest to be acquired sufficient to satisfy the
requirements of subdivision (e) of Section 1250.310 of
the Code of Civil procedure, (iii) a current appraisal
report prepared by an appraiser approved by the City
which expresses an opinion as to the fair market value of
the interest to be acquired, and (iv) a current
Litigation Guarantee Report.
C. Enter into an agreement with the City, guaranteed by such
cash deposits or other security as the City may require,
pursuant to which the applicant will pay all of the
City's cost (including, without limitation, attorney's
fees and overhead expenses) of acquiring such an interest
in the land.
40. 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 the watercourse �s made. If a FIRM map revision
1
is necessary, all materials required by FEMA for a map
revision shall be provided to the City Engineer's office.
This material will demonstrate the new 10, 50, 100, and 500
year flood plain locations following development. 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.
41. As an option in place of the Surety Performance Bond
requirements, the applicant or his successors will be allowed
to record the Final Map if the applicant or his successors
agrees to have a subordinate lien to the benefit of the City
placed on the subject property.
IN CONJUNCTION WITH APPROVAL OF FINAL MAP, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
42. The subdivider shall offer to dedicate to the City of
Moorpark, the access rights adjacent to Mountain Meadow Dr.,
Mountain Trail St. and Cedar Springs St. along the entire
property frontage except for approved entrances as shown on
the approved tentative map.
43. The subdivider shall execute a covenant running with the land
on the behalf of itself and its successors, heirs, and assigns
agreeing to participate in the formation of an assessment
district or other financing technique including, but not
limited to, street and sewer improvements necessitated by this
project and other projects within the assessment district, as
approved by the City Engineer. The subdivider shall retain
the right to protest the amount and the spread of any proposed
assessment. This condition shall not apply to future
individual homeowners.
PRIOR_ TO ACCEPTANCE OF PUBLIC I)WROVEMENTS AND BOND E%ONERATION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
44. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
45. 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.
46. A copy of the recorded map shall be transmitted to the
City Engineer for filing.
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4 7 . Cedar Springs St. and Mountain Meadow Dr. adjacent to the
subject site shall be slurry sealed.
VENTURA COUNTY CONDITIONS
48. For project without public sewer service, prior to the
issuance of building permits for construction of any
structures containing domestic plumbing fixtures, the
applicant shall obtain from the Ventura County Environmental
Health Division, a septic system design approved and a permit
for the installation of the approved on -site sewage disposal
system.
49. A Flood Control Permit is required for any construction work
within Ventura County Flood Control District right -of -way.
FIRE DEPARTMENT CONDITIONS
See attached Conditions
CONDITIONS OF APPROVAL FOR RPD 89 -4 (MAJOR MODIFICATION NO. 11
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REOUIREMENTS:
1. The permit is granted for the land and project as identified
on the entitlement application form and as shown on the
approved plot plans and elevations. The location and design
of all site improvements shall be as shown on the approved
plot plans and elevations except or unless indicated otherwise
herein in the following conditions, including but not limited
to a housing mix for the detached multi - family (Belcourt) of
60 three (3) bedroom units and 38 four (4) bedroom units and
a mix for the Villagio multi - family units of 92 two (2)
bedroom units and 46 three ( 3 ) bedroom units. Any change from
this product mix shall require approval of a modification to
the Residential Planned Development Permit.
2. Unless the project is inaugurated (building foundation slab in
place and substantial work in progress) not later than three
years after this permit is granted, this permit shall
automatically expire on that date. The Director of Community
Development may, at his discretion, grant up to two (2) one
(1) year extensions 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. The request
for extension of this entitlement shall be made at least 30-
days prior to the expiration date of the permit.
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3. All facilities and uses other than those specifically
requested in the application are prohibited unless an
application for a modification has been approved by the City
of Moorpark. 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 as determined by the Director of
Community Development.
4. The design, maintenance, and operation of the permit area and
facilities thereon shall comply with all applicable
regulations of the RPD zone and all requirements and
enactments of Federal, State, County, and City authorities,
and all such requirements and enactments shall, by reference,
become conditions of this permit.
5. Phasing shall be approved by the Director of Community
Development. The Director shall avoid to the extend possible
any impacts to existing residential areas from construction
traffic.
6. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any unlawful
rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter ones shall take precedence.
7. If any of the conditions or limitations of this permit are
held to be invalid, that holding shall not invalidate any of
the remaining conditions or limitations set forth.
8. The permittee agrees as a condition of issuance and use of
this permit to defend, at his sole expense, any action brought
against the City because of issuance (or renewal) of this
permit or in the alternative to relinquish this permit.
Permittee will reimburse the City for any court costs and /or
attorney's fees which the City may be required by the court to
pay as a result of any such action. The City may, at its sole
discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his
obligation under this condition.
9. Deleted
10. The permittee's commencement of construction under this permit
shall be deemed to be acceptance of all conditions of this
permit.
11. All residential units shall be constructed employing energy
saving devices. These devices are to include, but are not
limited to the following:
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a. Ultra low flush toilets (to not exceed three and on -half
gallons);
b. Low water use shower controllers as required by Title 24
of the Uniform Building Code shall be placed on all
shower facilities;
C. Natural gas fueled stoves, ovens and ranges shall not
have continuous burning pilot lights;
d. All thermostats connected to the main space heating
source shall have night set back features;
e. To ensure closure when not in use kitchen ventilation
systems shall have automatic dampers; and
f. Hot water solar panel stub -outs shall be provided.
12. Patio covers and accessory structures shall conform to the RPD
zone setbacks.
13. Rain gutters and downspouts shall be provided on all sides of
the structure for all units where there is a directional roof
flow. Water shall be conveyed to the street or drives in non-
corrosive devices as Determined by the City Engineer.
14. The applicant shall dedicate all access rights over any access
easements on private streets within the project site in order
to provide access for all governmental agencies providing the
public safety, health and welfare services.
15. The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
permittee or owner shall be required to remedy any defects in
ground maintenance, as indicated by the Code Enforcement
Officer within five (5) days after notification.
16. If any archaeological or historical finds are uncovered during
excavation operations, all grading or excavation shall cease
in the immediate area, and the find left untouched. The
permittee shall assure the preservation of the site; shall
obtain the services of a qualified paleontologist or
archaeologist, whichever is appropriate to recommend
disposition of the site; and shall obtain the Director of
Community Development's written concurrence of the recommended
disposition before resuming development. The developer shall
be liable for the costs associated with the professional
investigation.
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17. The applicant shall indicate where the export of dirt from the
site will be located. If import dirt is to be brought to the
site, the applicant shall state the number of cubic yards and
location of the borrow site. The City shall approve the truck
routes.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE. THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
18. Prior to issuance of a Zoning Clearance, a complete landscape
and fence /wall plan (3 sets), together with specifications and
a maintenance program shall be prepared by a State Licensed
Landscape Architect, generally in accordance with the Ventura
County Guide to Landscape Plans, and shall be submitted to the
Director of Community Development for review and approval
prior to grading permit approval.
a. The landscape plan shall include planting and irrigation
specifications for manufactured slopes over three (3)
feet in height, and all common areas proposed to be
maintained by the Homeowners' Association.
b. The final landscape plans shall be in substantial
conformance with the conceptual landscape plan submitted
with the application.
C. The applicant shall bear the cost of the landscape plan
review, installation of the landscaping and irrigation
system, and of final landscape inspection.
d. 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 inspectior fees.
e. The landscaping shall be approved by the Director of
Community Development and in place and receive final
inspection prior to Occupancy. The final landscape plans
shall include landscaping specifications, planting
details, and design specifications consistent with the
following requirements:
i. The landscape plan shall include the final design
of all sidewalks, barrier walls, streetscape
elements, urban landscaping and pedestrian paths
within the project. limits.
ii. A 50 percent shade coverage shall be provided
within all open parking areas. Shade coverage is
described as the maximum mid -day shaded area
defined by a selected specimen tree at 50 percent
maturity.
iii. Landscaping at site entrances and exits and any
intersection within the parking lot shall not block
or screen the view of a seated driver from another
moving vehicle or pedestrian.
iv. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six -
inch high concrete curbs.
V. Landscaping shall be designed so as to not obstruct
the view of any exterior door or window from the
street.
vi. Landscaping (trees) shall not be placed directly
under any overhead lighting which could cause a
loss of light at ground level.
vii. Earthen berms and /or low walls shall be provided to
screen views of parked vehicles from access roads.
viii. Backflow preventers, transformers, or other
exposed above grade utilities shall be shown
on the landscape plan(s) and shall be screened
with landscaping and /or a wall.
ix. The final design of any recreational features shall
be included as part of the final landscape plans
submittal and shall be subject to approval of the
Director of Community Development.
X. A sufficiently dense tree planting plan emphasizing
tall growing trees and /or shrubs shall be designed.
Twenty -five (25) percent of the trees shall be a
minimum of 24 inch box size. Twenty -five (25)
percent of the trees shall be a minimum of 36 inch
box size. Recommendations regarding planting shall
be per the Ventura County Landscape Guidelines
Palate.
xi. A coordinated tree planting program shall be
developed which will provide a dominant street tree
within the components of the proposed development.
Dominant street trees shall vary between
residential streets to provide aesthetic diversity
within the development..
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xii. Irrigation shall be provided for all permanent
landscaping. The applicant shall be responsible
for maintaining the irrigation system and all
landscaping. Applicant shall replace any trees or
plants that may die within one year after occupancy
of the last unit within a phase, and shall make any
necessary repairs during that time period.
xiii. The applicant shall agree to provide the
necessary maintenance easements to the City
for those designated landscape areas as
determined by the City. The applicant shall
maintain the right to protest the amount and
spread of any proposed assessment in relation
to the formation of a landscape maintenance
assessment district, if and when created by
the City. The applicant shall record a
covenant to this effect.
xiv. The applicant shall provide an irrevocable offer of
dedication of easements adjacent to public and
private roads for all slope areas adjacent to
roadways that are proposed to be landscaped.
f. The applicant shall install a vehicle headlight barrier
consisting of either landscape or a solid wall for those
homeowners who reside across from the intersection of "A"
Street at Mountain Meadow Drive. The developer shall
install said barrier only for those property owners which
request it and only for those property owners who's
property lies within 200 feet in either direction of the
centerline of "A" Street. This condition will expire one
year after the issuance of the 1st Zoning Clearance if
the homeowners have not requested installation of the
barrier. The developer shall notify the homeowners of
this condition prior to the issuance of the 1st Zoning
Clearance. The developer shall provide proof to the City
that all affected property owners have been properly
notified.
g. The applicant shall install enhanced landscaping along
the exterior of the perimeter wall at its intersection
with Quailwood Street, Blossomwood Court, Chestnut Ridge
Street and Honeybrook Street.
19. The applicant shall submit a construction access plan to the
Department of Community Development for review and approval by
the Director of Community Development.
20. That attached units shall contain at a minimum the following
additional sound attenuation over and above the minimum
required by the Uniform Building Code. The construction
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drawings showing the attenuation measures shall be submitted
to the Department of Community Development for review and
approval.
1. STC 50 between adjoining dwelling units
2. STC 45 within individual living areas
Note: The appropriate IIC ratings shall apply for each
of the above
21. Prior to submittal of construction plans for plan check or
initiation of any construction activity, a Zoning Clearance
shall be obtained from the Department of Community
Development. If an applicant desires, construction plans may
be submitted to the Building and Safety Department with a City
approved Hold Harmless Agreement. A zoning Clearance shall be
obtained prior to initiation of any grading or construction
activity. If the applicant desires, grading may be initiated
upon obtaining a grading permit and providing a City approved
"Hold Harmless Agreement ".
22. All final construction working drawings, grading and drainage
plans, plot plans, final map (if requested by the Director of
Community Development), sign programs, and landscaping and
irrigation plans (three full sets) shall be submitted to the
Director of Community Development for review and approval.
23. All phases of development shall enter into an agreement to
participate in a Homeowners' Association. The purpose of the
Homeowners Association shall be to oversee and maintain all
recreational facilities, front yard landscaping, landscaped
common areas, interior private streets and storm drains, and
to assure architectural compatibility with any new
construction and remodeling of the project. The two
Homeowners Associations will join the Mountain Meadows
Community Association. Provisions shall be placed in the
CC &R's to have the Homeowners Associations maintain the front
yard landscaping of all of the residential units. The
applicant shall pay all costs associated with the City
Attorney and staff review of the CC &R's prior to the
Recordation of the Final Map or issuance of a Zoning Clearance
for construction, as determined by the Director of Community
Development.
24. The existing plans shall be revised by the applicant and
approved by the Director of Community Development. The
following revisions shall be made:
a. The window on all building elevations shall be provided
with surrounds or other architectural features as
approved by the Director_ of Community Development.
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b. The masonry walls provided for the patio homes shall be
6 feet high as measured from the building pad.
C. All garage doors shall be of the roll -up sectional type
and have automatic garage door openers.
d. Stamped concrete shall be provided at both entryways to
the project on "A" Street. The design, color and
materials of treatment is subject to review and approval
of the Director of Community Development.
e. Double paned- double strength windows shall be installed
for buildings 9,10,11,12, and 26 for those sides facing
the fire station.
f. A solid 6 foot high wall shall be installed along the
perimeter from building 12 to 26 along the rear of the
fire station.
25. The perimeter trees shall not be removed unless approved by
the Director of Community Development. Additional trees shall
be provided along the perimeter to ensure that trees are
provided at an average of 20 feet on- center. Any removal of
trees and the method of tree replacement shall be approved by
the Director of Community Development.
26. The applicant shall pay all outstanding case processing
(Planning and Engineering), and all City legal service fees
prior to issuance of a Zoning Clearance. The applicant,
permittee, or successors in interest, shall also submit to the
Department of Community Development a fee to cover costs
incurred by the City for Condition Compliance review of the
RPD.
27. No Zoning Clearance may be issued for construction until all
on -site improvements specified in this permit have been
provided or the Director of Community Development approves the
acceptance of a Performance Bond to guarantee the construction
and maintenance of exterior improvements including, but not
limited to perimeter tract walls (including stucco treatment),
fences, slope planting or other landscape improvements not
related to grading, private recreational facilities, etc.
Said on -site improvements shall be completed within 120 days
of issuance of a Certificate of Occupancy within a phase. In
case of failure to comply with any term or provision of this
condition, the City Council may by resolution declare the
surety forfeited. Upon completion of the required
improvements to the satisfaction of the City, the City Council
may reduce the amount of the bond; however, the bond must be
kept in full effect for one year after the last occupancy to
guarantee that items such as perimeter tract walls, including
stucco treatment; landscaping; fences; slope planting or other
2,
landscape improvements not related to grading; private
recreational facilities, etc. are maintained.
28. All roof vents and metal flashing shall be painted to match
the roof color.
29. A six (6) foot high wrought iron fencing with pilasters shall
be provided around any swimming pool areas. All fences and
walls shall be approved by the Director of Community
Development. 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 Community Development. Landscaping berms
and other planting techniques shall be employed to minimize
the visual dominance of any perimeter walls around the
development. The stone veneer columns shall be the same on
both the private and public elevations.
30. Any 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. All solar panels shall be designed so as to
be part of the overall design of the structure supporting it.
31. Bullnose stucco molding shall be used to soften all exterior
edges of residential buildings.
32. Individual garages shall be a minimum inside dimensions of 20
feet in length and 18 1/2 feet in width with a minimum
interior height of 8 feet.
33. Open 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 an exterior
wall. Pullover parking (overhangs) shall be limited to 24
inches maximum. No vehicles shall be allowed to encroach onto
walkways or into the required landscape setbacks along private
or public roadways.
34. Roof mounted equipment shall be prohibited. Exceptions to
this requirement shall be subject to approval of the Director
of Community Development. Any roof mounted equipment and
other noise generation sources approved by the Director of
Community Development shall be attenuated to 55 DBA at the
property line, or to the ambient noise level at the property
line measured at the time of the occupant request. Prior to
the issuance of a Zone Clearance for initial occupancy or any
subsequent occupancy, the Director of Community Development
may request that a noise study be submitted for review and
approval which demonstrates that all on -site noise generation
sources would be mitigated to the required level. The noise
study must be prepared by a licensed acoustical engineer in
23
accordance with accepted engineering standards.
35. All adjacent property line garden walls or wrought iron fences
shall be no further than one inch from the property line.
36. For all exterior lighting, a lighting plan shall be prepared
by an electrical engineer registered in the State of
California and submitted to the Department of Community
Development for review and approval. The lighting plan shall
achieve the following objectives: Avoid interferences with
reasonable use of adjoining properties; minimize on -site and
off -site glare; provide adequate on -site lighting; limit
electroliers height to avoid excessive illumination; and
provide structures which are compatible with the total design
of the proposed facility. Lighting devices shall be high
enough so as to eliminate anyone on the ground from tampering
with them. All parking areas shall be provided with a lighting
system capable of illuminating the parking surface with a
minimum of one -half foot candle of light and shall be designed
to minimize the spillage of light onto adjacent properties.
All exterior lighting devices shall be protected by weather
and breakage- resistant covers.
The lighting plan shall include the following:
a. All parking lot pole lights shall be fully hooded and
shielded to reduce light "spillage" and glare.
b. A photometric plan showing a point -by -point foot candle
layout to extend a minimum of twenty (20) feet outside
the property lines. Layout plan to be based on a ten ( 10 )
foot grid center.
C. Maximum overall height of fixtures shall be sixteen (16)
feet.
d. Fixtures must possess sharp cut -off qualities with a
maximum of one -half foot candle illumination at property
lines.
e. Energy efficient lighting fixtures shall be provided
which are compatible with adjacent properties.
f. Average maximum of one -half foot candle illumination.
g. No light shall be emitted above the 90 degree or
horizontal plane. No direct light source shall be
visible from any of the adjacent properties.
h. Street lighting shall meet the standards of the City of
Moorpark Police Department.
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37. Television cable service shall be provided to all residential
units consistent with existing cable system requirements.
Undergrounding of cable wires is required and no lines shall
be allowed to be extended along the exterior walls of the
residential buildings.
38. All exterior building materials and paint colors shall be
those that were approved per the exhibits to the Department of
Community Development.
39. No asbestos pipe or construction materials shall be used.
40. All proposed utility lines within and immediately adjacent to
the project site (as determined by the Director of Community
Development) shall be placed underground to the nearest off -
site utility pole. All existing utilities shall also be
undergrounded to the nearest off -site utility pole with the
exception of 66 KVA or larger power lines. This requirement
for undergrounding includes all above - ground power poles on
the project site as well as those along the frontage of the
site in the road right -of -ways. The developer shall indicate
in writing how this condition will be satisfied. Any above
grade utility fixtures shall be placed adjacent to landscaped
areas and screened on three sides.
41. If skylights are proposed, the specific type and model must be
approved by the Director of Community Development to ensure
that they shall be of an opaque type to minimize evening
illumination as viewed from the exterior.
42. Rubbish and Recycling Space Allocation Requirements: If
required, rubbish and recycling disposal areas shall be
depicted on the final construction plans. The number and size
of the bins required, and the space allocation for areas of
disposal with enclosures shall be approved by the Director of
Community Development and the City employee responsible for
recycling /solid waste management programs.
a. Rubbish disposal areas shall include adequate, accessible
and convenient areas for collecting and loading
recyclable materials. The dimensions of the recycling
area shall accommodate containers consistent with current
methods of collection in the area in which the project is
located.
b. Adequate number of bins or containers shall be provided
to allow for the collection and loading a recyclable
materials generated by the development. For multi -unit
residential developments, space allotment for 2 three
cubic yard bins is required (107" x 84 or 168" x 53.5 ") .
The intended use for this space is to hold two side -by-
side 3 cubic yard containers (one for refuse, one for
25
c.
recyclables) to serve at least 20 units.
The design of the refuse disposal areas shall be
compatible in design with the development and the
surrounding area.
Disposal areas shall be protected from weather conditions
which might render collected recyclable materials
unmarketable.
e. Driveways or travel aisles shall provide unobstructed
access for collection vehicles and personnel, and provide
the minimum vertical clearance of 30 feet, or other
specified clearance required by the collection methods
and vehicles utilized by the hauler.
f. A sign, approved by the Director of Community
Development, clearly identifying all recycling and solid
waste collection and loading areas, and the materials
accepted therein shall be posted adjacent to all points
of access to the recycling areas.
g. Refuse disposal areas shall not be located in any area
required by the Municipal Code to be constructed or
maintained as unencumbered, according to fire and other
applicable building and /or public safety laws.
h. Recycling area (s) shall be located so they are
convenient and adjacent to regular refuse collection
areas.
i. Each recycling area within a multi - family residential
development shall be no greater than 250 feet from each
living unit.
j. Enclosure. The design of the refuse enclosure shall be
subject to the approval of the Director of Community
Development, prior to the issuance of a zoning clearance.
All rubbish disposal areas shall be screened with a six
foot high, solid wall enclosure with metal gates. Pipe
guards shall be eliminated around typical rubbish bin
enclosures and each enclosure must have a non -gated
indirect pedestrian access.
k. In cases where space for 2 three cubic yard bins is
required (107" x 84 or 168" x 53.5 "), the opening of any
bin enclosure must be at least 84 inches (the size of a
three cubic yard bin) . This requirement applies to the
amount of space exposed when the gate is fully opened.
i. (a) Each refuse \recycling enclosure shall
have gates and should be designed with
cane bolts to secure the gates when in
the open position.
ii. Space allocation for rubbish and recycling
enclosures shall be designed in a manner that
complies with the equal access requirements of
Title 24 of the American with Disabilities Act.
43. The Director of Community Development may declare a
development project that is not in compliance with the
Conditions of Approval or for some other just cause, a "public
nuisance ". The applicant shall be liable to the City for any
and all costs and expenses to the City involved in thereafter
abating the nuisance and in obtaining compliance with the
conditions of approval or applicable codes. If the applicant
fails to pay all City costs related to this action, the City
may enact special assessment proceedings against the parcel of
land upon which the nuisance existed (Municipal Code Section
1.12.080).
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
44. An "Unconditional Will Serve Letter" for water and sewer
service shall be obtained from the Ventura County Waterworks
District No. 1.
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
45. Prior to the issuance of first occupancy, the applicant shall
pay for costs associated with a crossing guard for five years.
The applicant shall agree to pay the then applicable rate
including the City's prorate costs for
administration /supervision prior to first occupancy.
46. No Final Inspection approval shall be granted prior to
acceptance of site improvements such as perimeter and
retaining walls, landscaping, fences, slopes, private
recreation areas, and other improvements not related to
grading, etc., or the applicant has provided sufficient
security as approved by the Director of Community Development
to guarantee completion of the improvements. Said on -site
improvements shall be completed within 120 days of issuance of
Final Inspection approval. 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 satisfaction of the City, the
City Council may reduce the amount of the surety. However,
27
the surety must be kept in full effect for one year after
initial occupancy to guarantee the items such as perimeter and
retaining walls, landscaping, fences, slopes, private
recreation areas, and other improvements not related to
grading, etc. are maintained.
47. 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. The striping for open parking
spaces shall be maintained so that it remains clearly visible.
48. All related perimeter and garden walls shall be constructed
prior to the issuance of a zoning clearance for occupancy.
AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING
CONDITIONS SHALL BE APPLICABLE:
49. The applicant and his successors, heirs and assigns, or the
Homeowners' Association shall remove any graffiti within five
(5) days from written notification from the City of Moorpark.
All such graffiti removal shall be accomplished to the
satisfaction of the Director of Community Development.
CITY ENGINEER CONDITIONS
RPD 89 -4
PRIOR TO ISSUANCE OF A GRADING PERMIT , THE FOLLOWING CONDITIONS
SHALL BE SATISFIED•
50. 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 the 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 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. The
applicant will be responsible for all costs charged by the
FEMA and the City's administrative costs.
51. Prior to any work being conducted within any State, County or
City right -of -way, the applicant shall obtain an encroachment
permit from the appropriate Agency.
52. The applicant shall submit a design to be approved, by the
City Engineer, for an 18" slough wall to be constructed
M
directly behind the back of the sidewalks where slopes over
four feet high exist. The wall shall be designed so as to
reduce debris and silt from entering streets and convey run-
off to approved drainage devices.
STORM RUN -OFF
53. The applicant shall obtain a permit from the State Water
Resources Control Board for "All storm water discharges
associated with a construction activity where clearing,
grading, and excavation results in land disturbances of five
or more acres."
54. The applicant shall be required to comply with all pertinent
County of Ventura Public Works Department water and sewer
connection regulations. These measures shall be implemented
by the County of Ventura Public Works Department (Waterworks
District No. 1).
Common private systems serving industrial or commercial
or other applicable sites, shall be reviewed by the City,
subject to County of Ventura Public Works Dept. standards
or as required by the City Engineer.
55. If required by the Ventura County Flood Control District, the
applicant shall obtain a Ventura County Flood Control District
Watercourse Encroachment Permit.
56. The applicant shall indicate in writing to the City of
Moorpark, the disposition of any water well(s) and any other
water that may exist within the site. If any wells are
proposed to be abandoned, or if they are abandoned and have
not been properly sealed, they must be destroyed per Ventura
County Ordinance No. 2372.
GRADING
57. All haul routes shall be approved by the City Engineer
and the Director of Community Development. Haul routes
shall be limited to graded areas only. All import /export
activities from the site, in excess of 1000 cubic yards,
shall require prior City approval and issuance of an
encroachment permit. All requests for over 1000 cubic
yards of import /export must be made in writing to the
City Engineer.
58. No grading shall take place within 100 ft. of a blue line
channel as shown on USGS maps before giving prior notification
and receiving approval from the California Fish And Game,
Ventura County Flood Control District and the U.S. Army Corps
of Engineers. Written verification shall be forwarded to the
City indicating approval of grading in these areas.
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DURING THE GRADING OPERATIONS, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
59. Construction activities shall be limited to between the
following hours: a) 7:00 a.m. and 7:00 p.m. Monday through
Friday, b) 9:00 a.m. to 5:00 p.m. Saturday. No work to be
accomplished on Sunday pursuant to Ord. #149. Truck noise
shall be minimized by the requirement that "Jake Brakes" shall
not be used along the haul route within the City.
60. Construction equipment shall be fitted with modern sound
reduction devices. The contractor shall insure proper
maintenance and operation of all construction equipment.
Direct injection diesel or gasoline powered engines shall be
used if feasible.
61. A 6 -foot high chain link fence shall be constructed around the
construction site or an on -site security guard shall be
provided during non - working hours.
62. During the smog season (May - October) the developer shall
order that construction cease during Stage III alerts to
minimize the number of vehicles and equipment operating, lower
ozone levels and protect equipment operators from excessive
smog levels upon notification by the City. The City, at its
discretion, may also limit construction during a Stage II smog
alert.
63. A regular watering program to reduce dust shall be
implemented. In an effort to reduce water consumption, the
grading contractor shall use reclaimed water for dust control
on site, when available and as approved by the City Engineer.
Water shall be applied to the graded portions of the project
site as determined by the City Engineer. This is estimated to
reduce the amount of dust generated by up to 50 percent.
During periods of high wind (i.e. sustained winds 20 mph
or greater in one hour), the contractor shall cease all
clearing, grading, earth moving, or excavation operations
a. All active portions of construction site shall be watered
sufficiently to prevent excessive amounts of dust. Non -
potable water shall be used if determined feasible by the
Director of Community Development, the City Engineer and
the applicant. Complete coverage watering shall occur at
least twice daily, preferable in the late morning and
after work is done for the day.
b. All material excavation or grading shall be
sufficiently watered to prevent excessive
amounts of dust.
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c. All trucks importing or exporting fill to or
from the Tract shall use tarpaulins to cover
the load.
d. All clearing, grading, earth moving, or excavation
activities shall cease during periods of high
winds greater than 20 miles per hour (mph)
averaged over one hour.
e. All unimproved areas with vehicle traffic shall be
watered periodically and the vehicle speed shall be
limited to 15 mph.
f. Street, private parking adjacent to the area being graded
shall be swept as needed to remove silt which may have
accumulated from construction activities so as to prevent
excessive amounts of dust.
g. The area disturbed by clearing, grading, earth moving, or
excavation operations shall be minimized at all times.
64. Advise, in writing, all employees involved in grading
operations to wear face masks during all periods of grading to
reduce inhalation of dust which may contain the fungus which
causes the San Joaquin Valley Fever.
65. Remove silt, dust or other construction materials, as directed
by the City Engineer, which may have accumulated from
construction activities along the streets or on private
property in the vicinity of the site. Periodically sweep
streets and parking areas, as per the City Engineer in the
vicinity of the site to remove silt ( i . e . , fine earth material
transported from the site by wind, vehicular activities, water
run -off, etc.) which may have accumulated from the
construction project.
66. Geometric improvements and traffic control measures approved
by the City Engineer, or associated Traffic Studies must be
included on the grading plan. The grading plan will be signed
by a registered Civil Engineer.
67. 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, and the City
Construction Observer shall be notified immediately. Work
shall not proceed until clearance has been issued by all of
these agencies. Contaminated and 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 discloser by the Department of
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Real Estate. Any contaminated or hazardous soil shall be
removed to be approved landfill.
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
68. Backfill of any pipe or conduit shall be in 4" fully compacted
layers unless otherwise specified by the City Engineer.
69. Soil testing for compaction is to be performed on all pipe or
conduit placement. The interval of testing shall be less than
once every 4 feet of lift and 100 lineal feet of pipe or
conduit placed.
70. Where roads requiring four or more inches of pavement are to
be built, the applicant shall construct the required street
section minus one -tenth of a foot of paving as an interim
condition until all utility cuts, trenching and construction
are completed. The final one -tenth of a foot cap of asphalt
shall be placed after all trenching and heavy construction is
completed.
71. Construction equipment, tools, etc. shall be properly secured
during non - working hours.
OTHER
72. Prior to occupancy, all utilities shall be undergrounded
as approved by the City Engineer and Director of
Community Development.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATIO_N_,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
73. Original "as- built" plans will be signed and certified by the
applicant's civil engineer and submitted with two sets of blue
prints to the City Engineer's office. Although grading plans
may have been submitted for checking and construction on
sheets larger than 22" X 36 ", they must be resubmitted as "as-
builts" in a series of 22" X 36" mylars (made with proper
overlaps) with a title block on each sheet. Submission of
"as- built" plans is required before a final inspection for
approval and release of securities will be scheduled.
74. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
75. Upon recordation of the Tract Map a copy shall be forwarded to
the City for filing.
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MOORPARK POLICE DEPARTMENT CONDITIONS
PRIOR TO THE ISSUANCE OF A OCCUPANCY PERMIT, THE FOLLOWING
CONDITIONS SHALL BE MET:
Landscaping
76. Landscaping shall not cover any exterior door or window.
77. There shall not be any easy exterior access to the roof area,
i.e. ladders, trees, high walls, etc.
Construction Site Security
78. A 6 foot high chainlink fence shall be erected around the
construction site.
79. Construction equipment, tools, etc. will be properly secured
during non - working hours.
80. All appliances (microwave ovens, dishwashers, trash
compactors, etc.) will be properly secured prior to
installation during non - working hours. All serial numbers
will be recorded for identification purposes.
81. If an alarm system is used, it shall be wired to all exterior
doors and windows and to any roof vents or other roof openings
where access may be made.
Building Access and Visibility
82. Address will be clearly visible to approaching emergency
vehicles and in contrasting color to the background it is
mounted on.
83. Address numbers will be a minimum of six inches in height and
illuminated during hours of darkness.
84. At the attached multi - family project, directory boards
indicating the locations of the various buildings and
individual units will be displayed at each entrance to the
complex and lighted during hours of darkness.
85. Address numbers will be placed on all buildings.
86. All aspects of building design shall conform to standards set
forth in the City's "Building Security Ordinance."
WATERWORKS DISTRICT NO. 1 CONDITION
PRIOR TO ISSUANCE OF A BUILDING PERMIT
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87. Applicant for service shall comply with the Ventura County
Waterworks District No. 1 "Rules and Regulations" including
all provisions of or relating to the existing Industrial Waste
Discharge Requirements and subsequent additions or revisions
thereto. Ultra low plumbing fixtures are required in all new
construction.
VENTURA COUNTY ENVIRONMENTAL HEALTH CONDITION:
PRIOR TO ISSUANCE OF A BUILDING PERMIT
88. Prior to issuance of building permits for development swimming
pools and ancillary structures, applicant shall submit plans
for development swimming pools and ancillary structures to the
Environmental Health Division of the County of Ventura for
review and approval.
PASSED, APPROVED, AND ADOPTED THIS 11TH DAY OF J ARY, 1995.
C1AL-
PauT W. rdvpebcson, Jr.'
Mayor
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MOORPARK
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF MOORPARK )
I, Lillian E. Hare, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Resolution No. 95 -1096 Was adopted by the
City Council of the City of Moorpark at a meeting held on
the 11th day of January _ — 1995, and that
the same was adopted by the following vote:
AYES•Councilmembers Montgomerv,
NOES: Councilmember Hunter
ABSENT: None
Perez, Wozniak, and Mayor Lawrason
ABSTAIN:None
WITNESS my hand and the official seal of said City
this 20th day of January _ , 1995.
Lillian E. Hare
City Clerk
PAUL W. LAWRASON JR. BERNARDO M. PEREZ PATRICK HUNT[ P SCOTT MONTGOMERY JOHN E. WOZNIAK
Mayor Mayor Pro Tem Councilmembr Councilmember Councilmember