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HomeMy WebLinkAboutRES CC 1999 1608 1999 0519RESOLUTION NO. 99 -1608 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING RESIDENTIAL PLANNED DEVELOPMENT PERMIT NOS. 98 -3, 98 -4, 98 -5 and 98 -6 ON THE APPLICATION OF LENNAR HOMES OF CALIFORNIA WHEREAS, at a duly noticed public hearing on May 5,1999,the City Council considered the application filed by Lennar Homes of California for Residential Planned Development Permit (RPD) Nos. 98 -3, 98 -4, 98 -5 and 98 -6; and WHEREAS, RPD 98 -3 applies to the area approved as Tract 4975, RPD 98 -4 applies to the area approved as 4976, RPD 98 -5 applies to the area approved as Tract 4977 and RPD 98 -6 applies to the area approved as Tract 4980; and WHEREAS, the proposed Residential Planned Development Permits for the residential tracts within the Carlsberg Specific Plan (Specific Plan 92 -1) will implement the Specific Plan by authorizing Development and modifying or establishing architectural, design and development standards and landscaping concepts, streetscape concepts, height and setbacks of structures, architectural and appearance criteria, fences, walls, hardscape and landscaping materials as well as colors and building materials; and WHEREAS, at its meeting of May 5, 1999, the City Council opened the public hearing, took testimony from all those wishing tc testify, and closed the public hearing on May 5, 1999; and WHEREAS, the City Council after review and consideration of the information contained in the staff report dated April 26, 1999, has found that the proposed Residential Planned Developments are consistent with all provisions of the Carlsberg Specific Plan (SP 92 -1) and the environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of these proposed Residential Planned Developments are sufficiently similar to qualify for an exemption from the provisions of the Environmental Quality Act (CEQA) and has reached it's decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES RESOLVE AS FOLLOWS: Resolution No. 99 -1608 Page 2 SECTION 1. The City Council hereby approves adoption of the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: 1. The environmental effects discussed in the Subsequent EIR prepared for the Amended Carlsberg Specific Plan and the environmental effects of these proposed Residential Planned Development Permits are sufficiently similar to qualify for a finding of exemption under Section 15182 of the California Environmental Quality Act (CEQA) Guidelines for residential projects approved by a Specific Plan where a Draft Environmental Impact Report has been prepared after January 1, 1980. RESIDENTIAL PLANNED DEVELOPMENT PERMIT FINDINGS: 1. The RPD's are consistent with the intent and provisions of the City's General Plan and this title; 2. The RPD's are compatible with the character of surrounding development; 3. The RPD's would not be obnoxious or harmful, or impair the utility of neighboring property or uses; 4. The RPD's would not be detrimental to the public interest, health, safety, convenience or welfare; and 5. The RPD's are compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure(s) have design features which provide visual relief and separation between land uses of conflicting character. SECTION 2. The City Council does hereby find that the Residential Planned Development Permits are consistent with the City's General Plan and the Amended Carlsberg Specific Plan. SECTION 3. That the City Council hereby approves Residential Planned Development Permit Nos. 98 -3, 98 -4, 98 -5 and 98 -6 on the application of Lennar Homes of California subject to compliance with all of the following conditions. Resolution No. 99 -1608 Page 3 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS: Conditions of approval for Residential Planned Development Permit No. 98 -3, 98 -4, 98 -5, and 98 -6 General Requirements: 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. Any change from the submitted product mix shall require approval of a modification to the Residential Planned Development Permit. USE INAUGURATION: 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 and the applicant has concurrently requested a time extension to the tentative tract map. The request for extension of this entitlement shall be made at least 30 -days prior to the expiration date of the permit. DESIGN /DEVELOPMENT STANDARDS - APPENDIX "1" 3. All design criteria, development standards, landscape concepts and criteria and all building materials, colors and streetscape concepts and other information presented to define the standards for construction and appearance contained in the document titled 'Sycamore Ranch" - Appendix "1" to Carlsberg Specific Plan, Amendment 1 (October 1, 1999), incorporated herein by reference and on file with the Community Development Department, shall apply to residential structures and accessory buildings submitted for Zoning Clearance and Building Permit issuance in Tracts 4975, 4976, 4977, and 4980 in the City of Moorpark. Resolution No. 99 -1608 Page 4 REVISIONS TO SYCAMORE RANCH APPENDIX 111" DESIGN CRITERIA: The Sycamore Ranch Appendix 111" document shall be revised by the applicant to incorporate the following design criteria: 4. Side yard setbacks as measured from the property line of each lot shall be: a. Interior: Five (5) feet minimum b. Lots 70 feet in width or wider shall have minimum combined sideyard setbacks of 15% of the width of the lot as measured at the front setback line. C. Exterior: Same as interior lots except reverse corner lots; 20 feet on street side. d. A two story dwelling which incorporates windows at the second story level shall include the following design criteria for each type of window opening: i. The minimum height to the bottom sill of a second story window with clear glass, and a fixed sash shall be five and one -half (5.5) feet above the finish floor level of the second story and must be off -set by a minimum of three (3) feet from a window with the similar glazing characteristics on abutting structures. ii. Windows with a bottom sill height less than five and one -half (5.5) feet above the finish floor level of the second floor shall have a fixed sash and obscure glass which may include stained glass or glass blocks. iii. Windows with a bottom sill height less than five and one -half (5.5) feet above the finish floor of the second story, that open or have clear glass shall maintain a ten (10) foot set back from the property line to the face of the window or shall be off -set a minimum distance of three (3) feet when a measurement is taken at the nearest side jambs of windows with similar glazing characteristics on abutting structures. Resolution No. 99 -1608 Page 5 iv. Windows with a top jamb or head height of fourteen (14) feet or less above the level of the first floor shall be considered a first story window. 5. Adjoining residential units may not have the same floor plan and elevation. 6. A minimum of three architectural styles shall be included in each of the individual tracts with no less than 200 of the dwellings in each tract represented by one of the architectural styles. 7. A minimum of two sub - styles shall be included in two of the three architectural styles. 8. Side by side dwellings with the same architectural style shall incorporate at least two of the following criteria: a. Single story b. Alternative roof lines C. Increase second story setback by 10 feet from first story setback. d. Incorporate a porch or balcony e. Incorporate a courtyard behind the front setback a minimum of 8 feet in depth and 10 feet wide. f. Reverse plan g. Dormer treatments 9. A minimum of 20% of all units within each separate tract (Tract 4975, 4976, 4977, 4980) shall be limited to a maximum ridgeline height of 28 ft. 10. The roof design for all structures as viewed from any street, (including Highway 23) or from the public park shall be varied unit by unit which may be accomplished through the use of at least one of the following: alternative roof designs; Resolution No. 99 -1608 Page 6 materials and colors a combination roof design such as hip and gable; through the use of dormer details or by off - setting the roof plane or walls of the building either horizontally or vertically by a minimum of four feet. 11. Not more than 20% of the units on any block face shall have the same architectural plan and elevation. 12. Adjacent or opposing cul -de -sac streets shall not have the same sequence of architectural or model plotting. 13. Not more than two side by side dwellings may have a standard three car garage configuration (straight in entrance). 14. A maximum of 39% of garages on Tract 4975 and Tract 4976 and 45% on Tract 4977 and Tract 4980 may be "Standard 3 -car configuration" (straight in entrance). 15. Garage doors located parallel to any abutting street shall be multi paneled to provide relief and painted with a color consistent with the structures architectural features, such that the garage doors are not predominant visual features as viewed directly from the street. 16. Solar panels supplying potable water for use in habitable spaces may be placed on roof areas visible along any street frontage if placed parallel to the plane of the roof surface and architecturally integrated into the design of the residence as approved by the Director of Community Development. 17. Accessory buildings over 120 square feet in area or which require a building permit may be located only in rear yard areas and must be of an architectural style and color and constructed of materials consistent with the main structure. 18. Garden walls and fencing to a maximum height of 36 inches may be placed in front yard setback areas provided that they are architecturally consistent with the main building as approved by the Director of Community Development. 19. All property line walls or fences shall be constructed of masonry, stone or concrete products and be in earth tone colors, except for fence lines included in the Community Wall Resolution No. 99 -1608 Page 7 Plan of Sycamore Ranch Appendix "1 ", and interior view lots as may be determined and approved by the Director of Community Development. 20. All walls at the side yard return (side property line to main building) or on a corner lot that are visible from any street shall be constructed of masonry, stone or concrete products and shall be architecturally consistent with the main building to the satisfaction of the Director of Community Development. 21. All units abutting the gated entrances to Tracts 4975 and 4976 shall be single story in height, except that any portion of the structure that is located more than forty (40) feet from the curb line of the gated "street may be two stories or 35 feet in height. 22. Units abutting the gated entrances to Tract 4977 (specifically lot numbers 79 and 96) may be two stories in height provided a landscape buffer sufficient in height be designed, approved by the Director of Community Development, and installed prior to occupancy. Units abutting the gated entrances to Tract 4980 (specifically lot number-a 38, 39, and 138) may be split story in height, providing the single story element faces the gated entry. 23. The maximum allowed lot coverage, which includes the footprint (courtyards and patio decking open to the sky are not included) of any structure requiring a building permit, shall be 50% for lots with a net lot area of 6300 sq.ft. or more, and 60% for lots with a net lot area less than 6300 sq.ft. 24. No expansion, alteration or change in architectural elements that is visible from any abutting street shall be allowed, unless in the judgement of the Director of Community Development it is compatible with all dwellings having frontage on the same street and located within 200 feet of the side property line of the structure proposed for expansion or alteration. 25. Garages shall maintain a clear unobstructed dimension of 20 feet in length and 10 feet in width for each parking stall, with a minimum of two garage - parking stalls required for each dwelling unit. Resolution No. 99 -1608 Page 8 26. All neighborhood entries shall be of a gated design, the design of which is subject to review and approval of the Director of Community Development and the City Engineer. The design of the gated entries shall be compatible with the scale, colors, visual character and design of the approved Residential Planned Development Permits so as to enhance the physical and visual quality of the neighborhood or tract. 27. The windows on building elevations that are readily visible from streets within and surrounding the development, useable open space, the park site, adjacent church, adjacent school and Highway 23, shall be provided with surrounds or architectural features as approved by the Director of Community Development. 28. All air conditioning or air exchange equipment must be placed at ground level and may not be placed in a side yard area within 15 feet of a opening window at ground floor level of the adjacent structure and shall not reduce the required sideyard to less than 3 feet of level ground. 29. The overall average sideyard separation between residences on abutting lots, not including the architectural features that are allowed to encroach into side yard setback areas as provided for in Sycamore Ranch Appendix No. 1 shall be as follows: RPD 98 -3 (Tract 4975) 16.8 feet RPD 98 -4 (Tract 4976) 15.7 feet RPD 98 -5 (Tract 4977) 15.1 feet RPD 98 -6 (Tract 4980) 16.1 feet 30. The maximum width of the building footprint for all lots in Tract 4975 shall be 45 feet in width except for allowed setback intrusions. 31. The maximum width of the building footprint for all lots in Tract 4976 shall be 40 feet in width except for allowed setback intrusions. 32. The maximum width of the building footprint for all lots in Tract 4977 shall be 55 feet in width except for allowed setback intrusions. Resolution No. 99 -1608 Page 9 33. The maximum width of the building footprint for all lots in Tract 4980 shall be 50 feet in width except for allowed setback intrusions. SETTLEMENT AGREEMENT: 34. All conditions, criteria, fees and provisions of the Settlement Agreement dated September 7, 1994, and the First Amendment thereto dated November 12,1996, or its modification or amendment shall be adhered to. MODIFICATION TO _PERMIT 35. 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. OTHER REGULATIONS: 36. The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable regulations of the applicable zone and all requirements and enactment's of Federal, State, County, and City authorities, and all such requirements and enactment's shall, by reference, become conditions of this permit. ZONING CLEARANCE: 37. 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.' 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 ". Resolution No. 99 -1608 Page 10 GRAFFITI REMOVAL: 38. The applicant or his successors and assigns, or the Homeowners' Association shall remove any graffiti within five (5) days from written notification from the City of Moorpark. All graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. ACCESS RIGHTS DEDICATION: 39. Prior to issuance of a Zoning Clearance for construction, the applicant shall dedicate all access rights over any access easements on private streets within the site in order to provide access for all governmental agencies providing the public safety, health and welfare services. PHASING• 40. Any phasing shall be approved by the Director of Community Development. The Director shall avoid to the extent possible any impacts to existing residential areas from construction traffic. EFFECT OF CONDITIONS: 41. 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 applies, the stricter ones shall take precedence. SEVERABILITY• 42. 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. PERMITTEE DEFENSE COSTS: 43. 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 Resolution No. 99 -1608 Page 11 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. ACCEPTANCE OF CONDITIONS: 44. 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. SURETY FOR UTILITIES: 45. Prior to approval of a final map, the subdivider shall post sufficient surety to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. Prior to the issuance of occupancy permit for the last house in the tract, all existing utilities shall also be underground to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all aboveground power poles on the project site as well as those along the frontage roads of the site. All utility lines that must connect across Los Angeles Avenue shall be placed underground via an underground conduit RAIN GUTTERS AND DOWNSPOUTS: 46. Rain gutters and downspout shall be provided on all sides of the structure for all structures 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. ROOF MOUNTED EQUIPMENT: 47. No roof - mounted equipment (other than required vents) shall be permitted. Exceptions to this limitation must be approved by the Director of Community Development. VENTS AND METAL FLASHING: 48. All roof vents and metal flashing shall be painted to match the roof color. All deck drains shall drain to the side and not facing the private street. Resolution No. 99 -1608 Page 12 EXTERIOR LIGHTING: 49. Exterior front yard lighting within the development shall be limited to illumination of entryways and address identification. Excessively bright and /or unshielded front door lighting shall be prohibited. 50. Lighting in areas adjacent to the natural open space portions of the site shall be fully hooded and shielded to prevent illumination of sensitive habitats and these restrictions shall be incorporated in the CC &R'S. ENERGY SAVING DEVICES: 51. That all - residential units shall be constructed employing energy saving devices. These devices are to include, but are not limited to the following: a. Ultra low flush toilets (to not exceed 1.6 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. MAINTENANCE OF PERMIT AREA: 52. 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. Resolution No. 99 -1608 Page 13 ARCHAEOLOGICAL OR HISTORICAL FINDS: 53. 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. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING_ CONDITIONS SHALL BE SATISFIED: SUBMITTAL OF LANDSCAPE PLANS 54. Prior to issuance of a Zoning Clearance for construction, a complete landscape plan consistent with the Landscape Concept and materials list I Sycamore Ranch Appendix 11111, together with specifications shall be submitted to the Director of Community Development. The plans shall conform to the following: a. Three sets of plans shall be submitted for each plan check. b. Each sheet of the plans shall be wet stamped and signed by the project landscape architect. The project landscape architect shall be licensed by the State of California. 55. The plans shall include the following landscape components as appropriate: demolition, construction, irrigation, planting, details and specifications. 56. Unless otherwise specified in these project conditions; the plans shall be prepared in general conformance with the Submittal Requirements and Landscape Standards described in the Ventura County Landscape Design Criteria. Resolution No. 99 -1608 Page 14 57. A separate Maintenance Plan shall be prepared in accordance with the Approval /Installation Verification standards described in the Ventura County Landscape Design Criteria for any commonly maintained areas. 58. Unless otherwise specified in these project conditions; the plans shall be prepared in substantial conformance with the approved conceptual plans for the project. 59. The applicant shall bear the full cost of landscape plan reviews, installation and inspections as deemed necessary by the Director of Community Development. 60. Prior to initial review of the landscape plans, the applicant shall deposit funds for plan review in an amount specified by the Director of Community Development. The applicant shall deposit additional funds upon request as needed to cover all landscape plan check and inspection fees. Any deposit balance remaining following final approval of the installation shall be refunded to the applicant after receipt and approval of a written request. 61. The following note shall be included on the landscape plans and shall be a project condition: a. All plant material shall conform to the current issue of the American Standard for Nursery Stock published by the American Association of Nurserymen. 62. Prior to final inspection by the City of Moorpark, the applicant's landscape architect shall provide written certification to the City, stating that the installation is in substantial conformance with the approved landscape plans. 63. Prior to final applicant shall operation of all inspection by the City of Moorpark, the provide a written certification for the backflow devices. 64. Unless otherwise approved, all open parking areas shall have fifty percent (50 %) shade coverage by broadleaf canopy shade tree. Shade coverage is defined as the maximum shade area created by a tree at fifty percent (50% at maturity). Resolution No. 99 -1608 Page 15 65. The planting plan shall indicate the proposed locations of light standards. The lighting and tree locations shall be designed to avoid conflicts. 66. All backflow preventers, transformers, and other above -grade utilities shall be appropriately screened with walls and /or plantings. 67. The planting and irrigation design shall comply with the State of California Model Water Efficient Landscape Ordinance. 68. Prior to occupancy, the landscape installation shall be approved by the Director of Community Development. This approval shall be based upon written certification of the landscape installation by the City Landscape Consultant. 69. Subsequent to occupancy, common area landscaping shall be maintained in accordance with the approved Maintenance Plan. 70. The landscape plan shall include planting and irrigation specifications for manufactured slopes and all common areas. 71. In the area of future buildings not under construction, turf and irrigation shall be installed. 72. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. b. All plant species utilized shall not exceed the Irrigation Water Allowance, as discussed in the State Model Water Efficient Landscape Ordinance. C. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian (PD). Resolution No. 99 -1608 Page 16 d. 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. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. e. Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampus Grass, Spanish Broom, and Tamarisk shall not be used. f. Landscaping shall be designed so as to not obstruct he view of any exterior door or window from the street (PD). g. Backflow preventers, transformers, or other exposed above grade utilities shall be show on the landscape plan (s) and shall be screened with landscaping and /or a wall. 73. Prior to final inspection and the release of utilities on the first residence in each Residential Planned Development or Tract, a prorata share of the 600 additional trees to be planted in the open space areas as required in the amended Specific Plan and Tracts 4973 and Tract 4974 shall be planted within proximity of each of the residential tracts as determined by the Director of Community Development. SUBMITTAL OF CONSTRUCTION DRAWINGS: 74. 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. Resolution No. 99 -1608 Page 17 OUTSTANDING CASE PROCESSING FEES AND CONDITION COMPLIANCE DEPOSIT: 75. The applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to issuance of a Zoning Clearance for any residential structure. 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. ADJACENT PROPERTY WALLS AND FENCES: 76. All property line walls shall be no further than one inch-from the property line. PROVISION FOR IMAGE CONVERSION OF PLANS INTO OPTICAL FORMAT: 77. Prior to issuance of the first Certificate of Occupancy, the builder shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. CABLE SERVICE• 78. 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. ASBESTOS: 79. No asbestos pipe or construction materials shall be used. PUBLIC NUISANCE• 80. 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 Resolution No. 99 -1608 Page 18 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: 81. WILL SERVE LETTER - An "Unconditional Will Serve Letter" for water and sewer service shall be obtained from the Ventura County Waterworks District No. 1. ENFORCEMENT OF VEHICLE CODES: 82. Prior to Issuance of a Zoning Clearance for Construction, the applicant shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107.7. ACCEPTANCE OF ON -SITE IMPROVEMENTS: 83. 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 60 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, 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, and other improvements not related to grading, etc. are maintained. 84. All related perimeter and garden walls shall be constructed prior to the issuance of a Zoning Clearance for occupancy of any dwelling units. Resolution No. 99 -1608 Page 19 85. No building permits shall be issued for Residential Planned Development No. 98 -3 (Tract 4975) until it is demonstrated to the satisfaction of the City Council that the required permits relating to the vernal pool have been obtained from the appropriate Federal and State agencies. Management of the effected area shall be provided through application of a Conservation Easement or transfer of ownership to an appropriate government agency or non - profit organization acceptable to the Federal and State agencies that maintain authority in this matter. The applicant or their successor in interest shall be financially responsible for maintenance of the vernal pool for a period of ten (10) years, provided however, that the total financial obligation for the ten (10) year period shall not exceed $100,000. The ten (10) year time period for financial responsibility for vernal pool maintenance shall commence on the day following issuance of Final Building Inspection for the last residence that may be constructed in RPD 98 -3 (Tract 4975). MOORPARK POLICE DEPARTMENT CONDITIONS: CONSTRUCTION SITE SECURITY: 86. A licensed security guard is recommended during the off hours of the construction phase, or a 6' high chain link fence shall be erected around the construction site. 87. Construction equipment, tools, etc. shall be properly secured to prevent theft during non - working hours. 88. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured to prevent theft prior to installation during non - working hours. All serial numbers shall be recorded for identification purposes. All building material shall be properly secured to prevent theft. 89. If an alarm system is used, it should be wired to all exterior doors, windows, roof vents or other roof openings where access may be made. LIGHTING• 90. Parkways shall be well lighted with a minimum maintained one - foot candle of lighting at ground level. Resolution No. 99 -1608 Page 20 91. Lighting devices shall be protected against the elements and constructed of vandal resistant materials. 92. Lighting devices shall be high enough to eliminate anyone on the ground from tampering with them. LANDSCAPING• 93. Landscaping shall not cover any exterior door or window. 94. Landscaping at entrances /exits or at any intersection shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 95. Landscaping (trees) shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. BUILDING ACCESS AND VISIBILITY: 96. Address Numbers shall be placed on all buildings, in an obvious sequenced pattern, to be reviewed by the Police Department prior to designation. 97. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. SECURITY REQUIREMENTS: 98. Upon occupancy by the owner or proprietor, each single unit in the same residential project or commercial building development, constructed under the same development plan, shall have locks using combinations which are interchange -free from locks used in all other separate dwellings, proprietorships or similar distinct occupancies within such residential project or commercial building development. FRAMES JAMBS, STRIKES AND HINGES: 99. In wood framing, horizontal blocking shall be placed between studs at door lock height for three (3) stud spaces each side of the door openings. Resolution No. 99 -1608 Page 21 GARAGE TYPE DOORS: 100. All garage doors shall conform to the following standards: a. wood doors shall have panels a minimum of 5/16 inch in thickness with the locking hardware being attached to the support framing. b. Aluminum doors shall be a minimum thickness of .0215 inches and riveted together a minimum of eighteen (18) inches on center along the outside seams. There shall be a full width horizontal beam attached to the main door structure which shall meet the pilot, or pedestrian access, door framing within three (3) inches of the strike area of the pilot or pedestrian access door. C. Fiberglass doors shall have panels a minimum density of six ounces per square foot from the bottom of the door to a height of seven (7) feet. Panels above seven (7) feet and panels in residential structures shall have a density not less that five- (5) ounces per square foot. d. Doors utilizing a cylinder lock shall have a minimum five -pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one (1) inch. e. Doors that exceed 16 feet in width, but do not exceed 19 feet in width, shall have the following options as to locking devices: i. Two lock - receiving points or one garage- door -type slide bolt may be used if mounted no higher that 26 inches from the bottom of the door; ii. A single bolt may be used if placed in the center of the door with the locking point located either at the floor or doorframe header. iii. Torsion spring counter balance type hardware may be used if such hardware substantially complies with the requirements of this chapter. Resolution No. 99 -1608 Page 22 iv. Doors with slide bolt assemblies shall have frames of a minimum of .120 inches in thickness, with a minimum bolt diameter of one -half inch and protrude at least 1 inch into the receiving guide. A bolt diameter of 3/8 inch may be used in a residential building. The slide bolt shall be attached to the door with non - removable bolts from the outside. Rivets shall not be used to attach slide bolt assemblies. SPECIAL BUILDING PROVISIONS - RESIDENTIAL: 101. Except for vehicular access doors, all exterior swinging doors of any residential building and attached garages, including the door leading from the garage area into the dwelling unit shall be equipped as follows: a. All wood doors shall be of solid core construction with a minimum thickness of 1 -3/4 inches, or with panels not less than 9/16 inch thick. b. A single or double door shall be equipped with a single cylinder dead bolt lock. The bolt shall have a minimum projection of one (1) inch and be constructed so as to repel cutting tool attack. The dead bolt shall have an embodiment the projected bolt. The cylinder shall have a cylinder guard, a minimum of five (5) pin tumblers, and shall be connected to the inner portion of the lock by connecting screws of at least 1/4 inch in diameter. A dual locking mechanism constructed so that both dead bolt and latch can be retracted by a single action of the inside doorknob, or lever, may be substituted, provided it meets all other specifications for locking devices. C. Doorjambs shall be installed with solid backing in such a manner that no voids exist between the strike side of the jamb and the frame opening for a vertical distance of six (611) inches on each side of the strike. d. Doorstops on wooden jambs for in swinging doors shall be of one -piece construction with the jamb. Jambs for all doors shall be constructed or protected as to prevent the violation of the strike. Resolution No. 99 -1608 Page 23 102. The strike plate for dead bolts on all wood framed doors shall be constructed of minimum sixteen (16) U.S. gauge steel, bronze or brass and secured to the jamb by a minimum of two (2) screws, which must penetrate at least two (2) inches into solid backing beyond the surface to which the strike is attached. 103. Hinges for out - swinging doors shall be equipped with non - removable hinge pins or a mechanical interlock to prevent removal of the hinge pins from the exterior of the door. 104. The inactive leaf of double door(s) shall be equipped with metal flush bolts having a minimum embedment of 5/8 inch into the head and threshold of the doorframe. 105. Glazing in exterior doors or within 12 inches of any locking mechanism shall be of fully tempered glass or rated burglary resistant glazing. 106. Except where clear vision panels are installed, all front exterior doors shall be equipped with a wide -angle (180 - degree) door viewer not to be mounted more than 58 inches from the bottom of the door. 107. Street numbers and other identifying data shall be displayed as follows: a. All residential dwellings shall display a street number in a prominent location on the street side of the residence in such a position that the number is easily visible to approaching emergency vehicles. The numerals shall be no less than four (4) inches in height and shall be of a contrasting color to the background to which they are attached. Dwellings shall have these numerals illuminated during the hours of darkness. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS: 108. Applicant shall pay the current developer fees to the Moorpark Unified School District in effect at the time of building permit issuance. the applicant and or the developer shall work with the Moorpark Unified School District to alleviate the potential for traffic issues that diminish student safety in and around the area of Mesa Verde Middle School. Resolution No. 99 -1608 Page 24 109. Prior to occupancy of the 227th dwelling unit within the Carlsberg Specific Planning area, the developer shall dedicate an improved park to the City. The park shall be improved and available (open) to the public as described in the Settlement Agreement and Mutual Release. Prior to approval of the Final Map, the developer shall post a bond or other security acceptable to the City for construction of the improved park. HIKING TRAILS: 110. Prior to Final Building Inspection and the release of utilities on the first residence in any of the four Residential Planned Developments, the hiking trail required by the Carlsberg Specific Plan shall be installed throughout the entire project area unless, the installation of portions of the trail would conflict, with grading or construction activities. Where there is the potential for conflict, the Director of Community Development may defer the timing of installation of the trail, however, in no case may release of utilities or granting of occupancy of the building or buildings which were the basis to defer trail construction take place until the trail is completed and accepted by the Director of Community Development. Portions of the hiking trail required by the Carlsberg Specific Plan may be eliminated by future action of the City Council because of conflict with environmental issues. If any portion of the trail is eliminated, an in -lieu fee or some other mitigation approved by the City Council may be substituted for elimination of the trail. The substituting mitigation shall be completed or in -lieu fee paid before Final Building Inspection and the release of utilities on the first residence in any of the four Residential Planned Developments /Tracts. Resolution No. 99 -1608 Page 25 VERNAL POOL: 111. When water is present in the vernal pool, it shall not be artificially drained or otherwise subjected to disturbance. Biological methods for mosquito control shall be utilized, including introduction of mosquito fish or the use of Bacillus Thuringiensis /israelensis (bt). This shall be completed to the satisfaction of the Director of Community Development. The Homeowners' Association shall be responsible for implementation of all EIR measures relating to maintenance of the vernal pool area. MITIGATION FEE: 112. As a condition of the issuance of a building permit for each residential, commercial or industrial use within the bound- aries of the Amended Specific Plan, Developer shall pay City a mitigation fee (the "Mitigation Fee "). The Mitigation Fee shall be Two Thousand Dollars ($2,000) per residential unit. The Mitigation Fee shall be Eleven Thousand Two Hundred Dollars ($11,200) per gross acre of the Sub - Regional /Commercial (SR /C) or Business Park (BP) lot on which the commercial or industrial use is located. Commencing on January 1, 1997, and annually thereafter, both categories of the Mitigation Fee shall be increased or decreased to reflect the change in the Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31st of the preceding year ( "annual indexing "), but in no event shall either category of Mitigation Fee be decreased below the original dollar amount specified herein. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. (SA -7) Resolution No. 99 -1608 Page 26 113. The City of Moorpark, in their sole and unfettered discretion, may elect not to collect the Mitigation Fee. In the event of such election, Developers shall be responsible for all costs for traffic mitigation measures TC12, TC13 (cost of signal installation or modification at State Route 23 northbound ramps /Tierra Rejada Road only), TC14 (cost of signal installation or modification at State Route 23 southbound ramps /Tierra Rejada Road only) and TC17, as described in the SEIR. Prior to the issuance of the first building permit within the boundaries of the Amended Specific Plan, Developers shall make a written request of City that they decide whether or not to make the election, and City shall notify Developers of their decision within thirty (30) days after receipt of the request. (SA -8) . 114. The Mitigation Fee, if collected, may be expended by City in their sole and unfettered discretion; provided, however, payment of the Mitigation Fee represents payment in full of the "fair share" amounts required by traffic mitigation measures TC12, TC13 (cost of signal installation or modification at State Route 23 northbound ramps /Tierra Rejada Road only), TC14 (cost of signal installation or modification at State Route 23 southbound ramps /Tierra Rejada Road only) and TC17 . (SA-8) 115. Payment of the Mitigation Fee does not represent payment, in full or in part, of certain traffic mitigation measures described in the Final SEIR that will be installed by others but for which Developers are required to pay "fair share" amounts to City. The "fair share" amounts shall be determined by the following percentages applied to the actual costs of said installations: TC7 (48 %) , TC10 (34 %) and TC11 and TC13 (signal modification at Spring Road /Los Angeles Avenue only) (50 %) . (SA -8) 116. The remaining traffic mitigation measures described in the Final SEIR, to wit: TC1, TC2, TC3, TC4 (100% of the improvements rather than the 63% provided for in the SEIR), TC5, TC8, TC13 (signal at Science Drive /New Los Angeles Avenue only) and TC15 (signal at "A" Street / "B" Street only) shall be installed by Developers at their sole cost and expense, without off -set against the AOC Fee or the Mitigation Fee. The second Tierra Rejada westbound and eastbound lanes identified in the SEIR have been constructed by City (the Resolution No. 99 -1608 Page 27 "Widening Project "). Developers shall have no financial obligation with respect to the Widening Project except as provided in the Settlement Agreement; provided, however, Developer shall complete frontage improvements on the north side of Tierra Rejada Road adjacent to the property described in Exhibit B, including, but not limited to, approximately eight (8) feet of paving, striping, curb and gutter, sidewalk, drainage, parkway landscaping and signage, no later than the issuance of the first occupancy permit within the boundaries of the property described in Exhibit "B" of the Settlement Agreement. (SA -9) 117. A Development Fee as provided for by the Settlement agreement and Mutual Release between Conejo Freeway Properties and Simi Moorpark properties, Ltd. And the City of Moorpark executed on September 7, 1994, shall be paid to the city as a condition of issuance of a building permit. The initial fee, for each residential unit was established at $1,587.00, however, the Agreement calls for the fee to be increased by one -half of one percent (0.5 %) per month of the first day of the month beginning one month after the Agreement becomes effective. TRAFFIC SYSTEM MANAGEMENT CONTRIBUTION: 118. Prior to the issuance of a Zoning Clearance for construction, the permittee shall make a total contribution to the Moorpark Traffic systems Management Fund (TSM) of $1,510,425 ($2,736.28 per residential dwelling unit) to fund TSM programs or clean - fuel vehicles programs as determined by the City. CITY ENGINEER CONDITIONS: 119. Traffic signals at the following intersections; Spring Road /Tierra Rejada Road, Moorpark Road /Tierra Rejada Road and Science Drive /Tierra Rejada Road shall be installed or modified prior to the issuance of the first zone clearance for occupancy within Tract 4975, (TC13. TC14., TC15. and TC16). Payment of the AOC fee shall represent payment in full of the applicant's fair share amount for those improvements. Resolution No. 99 -1608 Page 28 120. The Developer shall contribute their fair share to the construction of the Moorpark Road /Tierra Road intersection, to the extent that the following improvements exceed the AOC widening costs of Tierra Rejada Road; add second westbound left -turn lane, second northbound right -turn lane, eastbound right- turn lane, and provide northbound right -turn overlap with the westbound left -turn overlap as part of signal installation (project share is 48 %). 121. Prior to the issuance of the first building permit for any residential, unit within Tract 4975, the applicant shall pay City the Tierra Rejada /Spring Road Area of Contribution Fee (the "AOC Fee "). The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. (SA -6) 122. Payment of the AOC Fee shall represent payment in full of the "fair share" amounts required by traffic mitigation measures TC6, TC9, TC13 (cost of signal installation or modification at Spring Road /Tierra Rejada Road only), TC14 and TC16 (cost of signal installation at Moorpark Road /Tierra Rejada Road only) and TC15 (cost of signal installation at "A" Street /Tierra Rejada Road only), as described in the SEIR. (SA -6 &7) 123. The applicant /developer shall deposit with the City, financial surety in a form and amount approved by the City Engineer and Director of Community Development, to fund any repair's or reconstruction of Science Drive, Spring Road, Peach Hill Road and Tierra Rejada Road within or adjacent to the Carlsberg Specific Plan area to correct any damage to existing pavement, curb, gutter, sidewalk or related improvements determined by the City Engineer to have been caused by construction activity within the tracts subject to these Residential Planned Development Permits. The obligation to deposit the surety may be divided amount the developer(s) or the individual tracts subject to these Residential Planned Development Permits as determined by the City Manager. GRASS AND BRUSH REMOVAL: 124. All grass or brush exposing any structure (s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. Resolution No. 99 -1608 Page 29 SPARK ARRESTOR: 125. An approved spark arrestor shall be installed on the chimney of any structure(s). VENTURA COUNTY FLOOD CONTROL DISTRICT FORM NO. 126 126. Applicant shall obtain VCFD Form No. 126 "Requirements for Construction" prior to obtaining a building permit for any new structures or additions to existing structures. WATERWORKS DISTRICT NO. 1 CONDITIONS: 127. Subject property is not within the boundaries of Ventura County Waterworks District No. 1 for water and sewer service. The property will have to be annexed to the District prior to final map approval. Applicant shall be required to 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, and pay applicable fees. Any requirements by Ventura County Fire Protection District greater than the District's existing facilities are the responsibility of the applicant. SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 19th day of May, 1999. ATTEST: a Deborah S. Traffens edt, City Clerk ,g Resolution No. 99 -1608 Page 30 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) ss. I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 99 -1608 was adopted by the City Council of the City of Moorpark at a meeting held on the 19th day of May, 1999, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Rodgers, and Wozniak NOES: Councilmember Harper, Mayor Hunter ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 19th day of August, 1999. D K E3. Deborah S. Traffens Ldt, City Clerk (seal)