HomeMy WebLinkAboutRES CC 1999 1666 1999 1006RESOLUTION NO 99 -1666
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT
MAP NO. 5133 FOR A THREE LOT SUBDIVISION AND 79
AIR SPACE CONDOMINIUMS AND RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO. 98 -1 FOR 79 RESIDENTIAL
UNITS ON APPROXIMATELY 9.2 GROSS ACRES OF LAND
LOCATED SOUTHERLY OF SR -118 EASTERLY OF
MOORPARK AVENUE, WESTERLY OF SPRING ROAD AND
NORTH OF THE ARROYO SIMI ON THE APPLICATION OF
FAR WEST HOMES, LLC (ASSESSOR'S PARCEL NOS.
506 -0- 020 -48 and 51)
WHEREAS, at a duly noticed public hearing on September 15,
1999, the City Council considered the application filed by Far
West Homes for approval of the following:
Vesting Tentative Tract Map No. 5133 - for a
subdivision of an existing 9.2 gross acres into three
parcels and 80 air space condominiums.
Residential Planned Development Permit No. 98 -1- for
approval of a Residential Planned Development
consisting of 80 residential dwelling units.
WHEREAS, at its meeting of September 15, 1999, the City
Council opened the public hearing, took testimony from all those
wishing to testify, and closed the public hearing; and
WHEREAS, the City Council after review and consideration of
the information contained in the City Council staff report, the
Mitigated Negative Declaration and Mitigation Reporting and
Monitoring Program and testimony, and has found that impacts
resulting from this proposed project would not have a
significant effect on the environment; and
WHEREAS, the City Council, after review and consideration
of the information contained in the City Council staff report
for this proposal, and testimony, has made a decision in the
matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby adopts the following
findings:
Resolution No. 99 -1666
Page 2
C.E.Q.A. Findings
1. That the Mitigated Negative Declaration /Initial Study for
the project is complete and has been prepared in compliance
with the California Environmental Quality Act (CEQA), and
CEQA Guidelines, and City policy.
2. The contents in the Mitigated Negative Declaration/ Initial
Study have been considered in the various decisions on
these projects.
3. In order to reduce the potential adverse impacts of this
project, mitigation measures discussed in the environmental
document have been incorporated into the proposed project.
4. A Mitigation Reporting and Monitoring Program has been
prepared in compliance with Assembly Bill 3180 and
considered in the various decisions regarding these
projects.
Subdivision Map Act Findings
Based on the information set forth above, it is determined that
the Vesting Tentative Tract Map, with imposition of the attached
conditions, meets the requirements of California Government Code
Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that:
1. The proposed map is consistent with the applicable general
and specific plans.
2. That the design and improvements of the proposed
subdivision is consistent with the applicable general and
specific plans.
3
No
5.
RV
The site is physically suitable for the type of development
proposed.
The site is physically suitable for the proposed density of
development.
The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage.
The design of the subdivision and the type of improvements
are not likely to cause serious public health problems.
Resolution No. 99 -1666
Page 3
7. The design of the subdivision and the type of improvements
would not conflict with easements acquired by the public at
large, for access through, or use of the property within
the proposed subdivision.
8. There would 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.
9. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake,
or reservoir.
Residential Planned Development Permit Findings
1. The proposed project is consistent with the intent and
provisions of the City's General Plan and Zoning Ordinance.
2. The proposed project is compatible with the character of
surrounding development.
3. The proposed project would not be obnoxious or harmful, or
impair the utility of neighboring property or uses.
4. The proposed project would not be detrimental to the public
interest, health, safety, convenience, or welfare.
5. The proposed project is compatible with existing and
planned land uses in the general area where the development
is to be located.
6. The proposed project is 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
aforementioned projects will be consistent with the City's
General Plan prior to recordation of the Final Map.
SECTION 3. The City Council adopts the Mitigated Negative
Declaration/ Initial Study and Mitigation Monitoring Program and
certifies that the Mitigated Negative Declaration/ Initial Study
Resolution No. 99 -1666
Page 4
for the project is complete and has been prepared in compliance
with the California Environmental Quality Act (CEQA), CEQA
Guidelines, and City policy.
SECTION 4. That the City Council hereby conditionally
approves Tentative Tract Map No. 5133 for three lots and a
modified Plan (Staff Alternative "B" for a reduced plan of 79
air space condominiums, and Residential Planned Development
Permit No. 98 -1 for 79 dwelling units on the application of Far
West Homes, LLC. subject to compliance with the conditions of
approval.
SECTION 5. 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 6th day of October, 1999.
ATTEST:
Deborah S. Traffe s edt, City Clerk
ATTACHMENT: Conditions of Approval &
Mitigation Monitoring Program
Resolution No. 99 -1666
Page 5
CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5133:
DEPARTMENT OF COMMUNITY DEVELOPMENT:
GENERAL REQUIREMENTS:
lication of City Ordinances /Policies
1. The conditions of approval of this Tentative Tract 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 on said map.
Acceptance of Conditions
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 conditions of approval shall be included on the
Final Map in a format acceptable to the Director of
Community Development.
Expiration of Map
3. This 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.
Image Conversion
4. Prior to recordation, 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.
Hold Harmless
5. The subdivider shall defend, indemnify and hold harmless
the City and its agents, officers and employees from any
Resolution No. 99 -1666
Page 6
claim, action or proceeding against the City or its agents,
officers or employees to attack, set aside, void, or annul
any approval by the City or any of its agencies,
departments, commissions, agents, officers, or employees
concerning the subdivision, which claim, action or
proceeding is brought within the time period provided
therefore in Government Code Section 66499.37. The City
will promptly notify the subdivider of any such claim,
action or proceeding, and, if the City should fail to do so
or should fail to cooperate fully in the defense, the
subdivider shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents,
officers and employees pursuant to this condition.
The City may, within its unlimited discretion, participate
in the defense of any such claim, action or proceeding if
both of the following occur:
The City bears its own attorney fees and costs;
The City defends the claim, action or proceeding in good
faith.
The subdivider shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the subdivider. The subdivider's
obligations under this condition shall apply regardless of
whether a final map or parcel map is ultimately recorded
with respect to the subdivision.
Title Report
6. 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.
Calleguas Release
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
Resolution No. 99 -1666
Page 7
comply with Ventura County Waterworks Rules and
Regulations, including payment of all applicable fees.
Unconditional Availability Letter
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.
Cross Connection Control Devices
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.
Surety Bond for Utilities
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 underground to the nearest off -site utility
pole. Prior to the issuance of an occupancy permit for the
last house in the tract, 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 aboveground
power poles on the project site as well as those along the
frontage roads of the site. All utility lines either
existing or proposed that must connect across Los Angeles
Avenue to provide service to this site shall be placed
underground via an underground conduit.
Resolution No. 99 -1666
Page 8
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"
Fees In -Lieu of Park Dedication
12. Prior to approval of the Final Map, the subdivider shall
pay fees in accordance with Section 8297 -4 of the City's
Subdivision Ordinance (Parks and Recreation Facilities).
Citywide Traffic Mitiqation Fee
13. Prior to recordation of the Final Map, the applicant shall
pay a Citywide Traffic Mitigation Fee of $3,000 for each of
the residential units.
Fish and Game Requirement
14. Within two days after the City Council adoption of a
resolution approving the Planned Development Permit and
Tentative Tract Map, the applicant shall submit to the City
of Moorpark a check for $1,250 plus a $ 25.00 filing fee
payable to the County of Ventura, to comply with Assembly
Bill 3158, for the management and protection of statewide
fish and wildlife trust resources. Pursuant to Public
Resources Code section 21089 (b) and Fish and Game Code
section 711.4 (c), the project is not operative, vested or
final until the filing fees are paid.
CC &R and Landscaping Easement Requirement
15. Covenants, Conditions, and Restrictions (CC &R's)
establishing a Homeowners' Association for the proposed
subdivision shall be prepared and shall identify the
maintenance responsibilities of the Homeowners' Association
including, but not limited to; all walls and landscaping.
In addition, the applicant shall provide all landscaping
easements across private property as determined by the City
for the purpose of providing such maintenance.
The CC &R's shall address the maintenance of all walls and
landscaped areas including front yard landscaping for all
Resolution No. 99 -1666
Page 9
residences, parkway landscaping adjacent to all public and
private rights -of -way, recreation and open space areas,
maintenance of private streets, and other facilities as
required by the City to be maintained. Should the
Homeowner's 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
Tract 5133. Prior to approval of the Final Map, an easement
covering the Maintenance Areas shall be irrevocably offered
to the City for maintenance purposes.
16. The CC &R's shall include all Tentative Map conditions of
approval which have been identified for inclusion in the
CC &R's, and shall be submitted to the Director of Community
Development and 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 units, the CC &R's shall be approved by the State
Department of Real Estate and then recorded.
17. The applicant shall be required to pay all costs associated
with City Attorney review of the project CC &R's prior to
final map approval.
18. The Homeowners' 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. Further, the Homeowners'
Association shall enforce the CC &R's.
19. The CC &R's shall include a requirement that any future
residential units constructed or modifications to existing
units 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.
20. The CC &R's shall contain language in the form of a
disclosure statement to homebuyers that homes adjacent to
Los Angeles Avenue are subject to potential intrusive noise
from traffic and that widening of Los Angeles Avenue is
planned to occur. This disclosure shall be incorporated
into the Department of Real Estate White Report and shall
be given as a separate disclosure to potential buyers.
Resolution No. 99 -1666
Page 10
21. The CC &R's shall include a requirement that ultra -low water
consumption plumbing fixtures shall be installed consistent
with City Ordinance No. 132. The CC &R's shall also include
a requirement for the following energy saving devices or
construction features:
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.
d. For attenuation of interior noise levels of the homes
built on Lots abutting Los Angeles Avenue, all window
openings facing Los Angeles Avenue shall be equipped
with acoustical windows rated at STC -30 or better and
shall be installed consistent with manufacturer
directions and to the satisfaction of the Director of
Community Development. Additionally, an appropriately
sized forced ventilation system shall be installed and
fresh air or discharge openings for such a system
shall be located on the side of the dwelling opposite
Los Angeles Avenue.
22. A fencing, perimeter, gate, and privacy barrier wall plan
(complete with related landscaping details) identifying the
materials to be used and proposed wall heights and
locations shall be submitted to and approved by the
Director of Community Development. The approved fencing and
barrier wall plan shall be incorporated into the CC &R's.
All fencing and barrier walls along lot boundaries shall be
in place prior to occupancy, unless timing for installation
is otherwise stated in these conditions. Where applicable
prior to approval of the final wall and fence plan, the
Director of Community Development shall approve the
connection of property line wall with existing fences and
or walls on the adjacent residential development. The
developer is required at his /her ,sole expense to connect
adjacent residential walls and or fences to the project
perimeter wall utilizing the same type of material that
comprises existing walls and or fences that are to be
connected to the project perimeter wall.
Resolution No. 99 -1666
Page 11
23. The CC &R's shall contain language indicating that the
general location of signs identifying guest parking is
subject to the approval of the Director of Community
Development. Guest parking shall be provided at the rate of
1/2 parking space for each dwelling unit (40 spaces
minimum). The maintenance of the signs is the
responsibility of the Homeowners Association.
24. The CC &R's shall include language to insure that no sheet
flow of drainage occurs between lots located within or
adjacent to the project.
25. The CC &R's shall include language requiring the Homeowners
Association to be responsible for the maintenance of
drainage facilities including all NPDES requirements.
26. The CC &R's shall include language prohibiting use of
roofing material made of wood or asphalt shingles and
requiring tile roofs as determined by the City as roofing
materials for residential structures.
27. All units shall comply with all pertinent Title 24 and
Uniform Building Code conditions regarding handicapped
access and facilities.
28. CC &Rs shall include language that discourages excessive
noise generating activities in garages consistent with
adopted community noise standards. Garages shall remain
permanently available for the purpose of automobile
parking.
29. 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 accomplished to the satisfaction of the
City.
30. The CC &R's shall provide language requiring that all
residents are required to park in the garages. The CC &R's
shall also state that all on- street parking shall be
designated for guest parking and that the parking of
automobiles in the curb -cut areas in front of garages shall
be precluded.
31. The Tentative Map shall be revised to eliminate Lot 1 which
is the area to be dedicated for flood control purposes to
Resolution No. 99 -1666
Page 12
show this area as dedication in fee simple to the Ventura
County Flood Control District.
32. Prior to approval of the Final Map, the subdivider shall
demonstrate to the City's satisfaction, that additional
recreation open space within the future dedicated area for
passive recreational open space uses has been authorized by
Ventura County Flood Control District (VCFCD). The
additional open space land shall be improved and used for
passive recreational uses such as a tot lot, BBQ area, or
other uses as approved by the Ventura County Flood Control
District (VCFCD) and the Director of Community Development.
Plans are to be submitted for review and approval by the
Director of Community Development prior to the issuance of
a Zoning Clearance for any permits.
33. 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 permits.
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 and Tentative Tract Map.
Dedication of Access Riqhts
34. The applicant shall dedicate to the City all access rights
on "A" Street, Majestic Court and all private streets
within the project site in order to provide access for all
governmental agencies providing Municipal Code compliance,
public safety, health and welfare services.
35. The developer shall dedicate vehicular access rights to the
City of Moorpark along "A" Street and Majestic Court.
36. Prior to approval of the Final Map, the applicant shall pay
an amount to cover the costs associated with a crossing
guard for five years at the then current rate when paid,
plus the pro -rata cost of direct supervision for one
crossing guard location and staff's administrative costs
(calculated at fifteen percent of the above costs).
REDEVELOPMENT AGENCY
37. Applicant shall execute the purchase agreement for those
portions of "A" Street owned by the Redevelopment Agency
Resolution No. 99 -1666
Page 13
immediately upon presentation of Agency's agreement to
purchase.
38. Prior to approval of the Final Subdivision Map the
applicant shall complete the acquisition of all property
included in the purchase agreement with the Redevelopment
Agency and convey all access easements on or across said
property to be purchased, to the City of Moorpark in a form
and width as determined by the City to provide access to
its property adjacent to the Arroyo Simi.
39. Far West Homes, LLC (Developer) shall, in order to meet the
requirements of California Health and Safety Code 33410 et
seq., as a condition of Tentative Tract Map No. 5133, agree
as follows:
(1) Low Income Housing
(A) Developer shall provide seven (7) three (3) bedroom
units of not less than 1,160 square feet in size, to be
sold to buyers who meet the criteria for low income
households established by the United States Department of
Housing and Urban Development for the County of Ventura
(800 of Median income). Four (4) of said units shall be
provided within the development project and scheduled as
follows:
(a) The first unit
the construction of
(b) The second unit
the construction of
(c) The third unit
the construction of
(d) The fourth unit
construction of the
shall be constructed no later than
the twenty -fifth (25th) unit.
shall be constructed no later than
the fiftieth (50th) unit.
shall be constructed no later than
the seventy -fifth (75th) unit.
shall be constructed prior to the
last unit.
(B) Three (3) of the required units may be provided outside
the development project through such means or methods as
purchase buy- downs, or other means approved by the City.
The Developer shall be responsible for all costs related to
providing the affordable units and shall be responsible for
providing the City with verification that the units
provided outside the development project are units
previously not affordable to low income households. The
Developer shall also be responsible for providing the
affordable units as follows:
Resolution No. 99 -1666
Page 14
(a) If the affordable units are located within the
Moorpark Redevelopment Project Area the units shall be
provided on a one - for -one basis.
(b) If any of the affordable units are located outside
of the Moorpark Redevelopment Project Area, the units
shall be provided on two units for each required unit
basis.
The initial sales price, location of the units, buyer
eligibility, resale restrictions, respective role of the
City and the Developer, and any other item determined
necessary by the City shall be set forth in the Affordable
Housing Implementation and Resale Restriction Plan, which
shall be approved by the City Council prior to recordation
of the first final Tract Map for this project.
The Developer and City shall, prior to the occupancy of the
first residential unit for the Project, execute an
Affordable Housing Agreement that incorporates the Plan in
total and is consistent with this Agreement.
(2) Very Low Income Housing
In lieu of constructing the five (5) Very Low income
affordable housing units required, Developer shall pay a
fee of Sixty Thousand Dollars ($60,000) for each of the
five units, or a total of Three Hundred Thousand Dollars
($300,000) to the City (In -Lieu Fee) which shall be used by
the City for the purpose of providing housing affordable to
Very -Low income households. A pro -rata portion of the In-
Lieu Fee in the amount of Three Thousand Seven Hundred
Ninety Seven Dollars and Forty Seven Cents ($3,797.47) per
unit shall be paid prior to issuance of the building permit
for each dwelling unit in the development project (This is
based on 79 units).
Commencing October 1, 2001, and annually thereafter, the
In -Lieu Fee shall be adjusted by any increase in the
Consumer Price Index (CPI) until all In -Lieu Fees have been
paid. The CPI increase shall be determined by the
information provided by the U.S. Department of Labor,
Bureau of Labor Statistics, for all urban consumers within
the Los Angeles /Anaheim /Riverside metropolitan area for the
preceding twelve month period covering June to June. In the
event there is a decrease in the CPI for any annual
indexing, the In -Lieu Fee shall remain at its then current
Resolution No. 99 -1666
Page 15
amount until such time as the next subsequent indexing
which results in an increase.
3) Preparation Fee
Developer shall pay to City
Dollars ($5,000.00) for the
affordable housing plan and
this Condition.
CITY ENGINEER CONDITIONS:
the amount of Five Thousand
City's cost to prepare the
agreement required pursuant to
PRIOR TO THE ISSUANCE OF A GRADING PERMIT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
General:
40. The Developer shall demonstrate legal access to the parcel
to the satisfaction of the City Engineer.
41. The Developer shall provide an access easement in a form
and width as required to provide legal access from the
southwest segment of Majestic Court southerly along Private
Street "A" to property owned by the City located adjacent
and north of the Arroyo Simi.
Grading:
42. The Developer shall submit to the City of Moorpark for
review and approval, a rough grading plan, consistent with
the approved Tentative Tract Map, prepared by a 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.
43. Concurrent with submittal of the rough grading plan an
erosion control plan shall be submitted to the City for
review and approval by the City Engineer. The design shall
include measures for hydroseeding on all graded areas
within 30 days of completion of grading unless otherwise
approved by the City Engineer. Reclaimed water shall be
used for dust control during grading, if available from
Waterworks District No. 1 at the time of grading permit
approval.
Resolution No. 99 -1666
Page 16
44. Unanticipated off -site import /export operations requiring
an excess of 100 total truck loads (maximum 2,000 cubic
yards) shall require Council approval prior to the
commencement of hauling or staged grading operations. A
haul route is to be submitted to the City Engineer for
review and approval. Additional surety for the cleaning
and /or repair of the streets may be required as directed by
the City Engineer.
45. Temporary irrigation, hydroseeding and erosion control
measures acceptable to the City shall be implemented on all
temporary grading. Temporary grading is defined to be any
grading partially completed and any disturbance of existing
natural conditions due to construction activity. These
measures will apply to temporary grading activity that
remains or is anticipated to remain unfinished or
undisturbed in its altered condition for a period of time
greater than thirty (30) days or the beginning of the rainy
season whichever comes first.
46. The maximum gradient for any slope shall not exceed a 2:1
slope inclination except where special circumstances exist.
In the case of special circumstances where steeper slopes
are warranted, plans will be reviewed by a certified soils
engineer and their recommendations will be subject to the
review and approval of the City Engineer and the Director
of Community Development.
47. All graded slopes shall be planted in a timely manner
meeting the approval of the Director of Community
Development with groundcover, trees and shrubs that will
stabilize slopes and minimize erosion.
48. All development areas and lots shall be designed and graded
so that surface drainage is collected by the on -site storm
drain system and pretreated by a device such as an
oil /water separator, sand filter or City and VCFCD approved
NPDES device equal prior to discharging storm water onto
public property lot 3.
49. Grading and construction operations shall not interfere
with peak traffic flow of nearby properties.
Resolution No. 99 -1666
Page 17
Geotechnical /Geology Review:
50. The Developer shall submit to the City of Moorpark for
review and approval, detailed Geotechnical Engineering
Report certified by a California Registered Civil Engineer.
The geotechnical engineering report shall include an
investigation with regard to liquefaction, expansive soils,
and seismic safety. In addition, the report shall discuss
the contents of the soils as to the presence or absence of
any hazardous waste or other contaminants in the soils.
A. Note: Review of the geotechnical engineering report,
by the City's Geotechnical Engineer, may be required.
The Developer shall reimburse the City for all costs
including the City's administrative fee for this
review.
51. All recommendations included in the approved geotechnical
engineering report shall be implemented during project
design, grading, and construction in accordance with the
approved project. The City's geotechnical consultant shall
review all plans for conformance with the soils engineer's
recommendations. Prior to the commencement of grading plan
check, the Developer's geotechnical engineer shall sign the
plans confirming that the grading plans incorporate the
recommendations of the approved soils report(s).
Storm Water Runoff and Flood Control Planni
52. The Developer 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 plans shall depict all on -site and off -site drainage
structures required by the City.
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
Resolution No. 99 -1666
Page 18
locations, detention facilities, and drainage courses.
Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 10 -year frequency
storm;
C. All catch basins shall carry a 10 -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 in a storm
drain. All drainage structures shall be designed to
meet BMPs and to accommodate NPDES approved devices.
g. Under a 10 -year frequency storm, local, residential
and private streets shall have one dry travel lane
available on interior residential streets. Collector
streets shall have a minimum of one dry travel lane in
each direction;
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 Developer;
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 Developer shall notify all potential
buyers in writing of this hazard condition. The
grading plan shall also show contours indicating the
50- and 100 -year flood levels.
k. All flows from ribbon gutters and similar devices
shall be deposited into the storm drain system prior
to entering streets. If necessary, the storm drain
system shall be extended beyond the public right -of-
way through easements to eliminate surface flow
Resolution No. 99 -1666
Page 19
between parcels. Both storm drain and easements
outside the right -of -way are to be maintained by the
owners unless otherwise approved by the City Council.
1. Concrete drainage structures shall be tan colored
concrete, as approved by the Director of Community
Development, and to the extent possible shall
incorporate natural structure and landscape to reduce
their visibility.
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.
n. A hydraulic /hydrology study shall be prepared which
analyzes the hydraulic capacity of the drainage
system, with and without the storm drain system for
the proposed development. The Developer shall make any
downstream improvements, required by Ventura County
Flood Control and the City of Moorpark, to support the
proposed development.
o. Improvements shall be constructed to detain drainage
on -site or discharged to lot 3, as approved by VCFCD.
The detention amount shall be the difference between
the ten -year and fifty -year storm event. A rainfall
intensity zone K shall be utilized in the design
unless an alternate design intensity is approved by
the City Engineer.
P. The Developer shall demonstrate that surface drainage
from the site shall not drain over the sidewalk or
driveways.
q. The Developer shall demonstrate for each building pad
within the development area that the following
restrictions and protections can be put in place to
the satisfaction of the City Engineer:
i. Adequate protection from a 100 -year frequency
storm; and
ii. Feasible access during a 50 -year frequency storm.
iii. Hydrology calculations shall be per current
Ventura County Standards.
Resolution No. 99 -1666
Page 20
53. All structures proposed within the 100 -year flood zone
shall be elevated at least one foot above the 100 -year
flood level.
54. The Developer 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
shown on existing drainage studies and 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 (if applicable) must also be acceptable to
the Ventura County Flood Control District.
55. The proposed future Ventura County Flood Control District
Facility Expansion right -of -way at the south end of the
property is an integral part of the overall drainage
pattern that affects this map. The right -of -way dimensions
for this future facility expansion shall be approved by the
Ventura County Flood Control District. Existing easements
and any revisions shall be shown on the Final Map.
56. The following requirements shall be included in the CC &R's:
a. All property areas shall be maintained free of
litter /debris.
b. All on -site storm drains shall be cleared at least
twice a year, once immediately prior to October 15
(the rainy season) and once in January. Additional
cleaning may be required by the City Engineer.
C. Private roads and parking lots /drive - throughs shall be
maintained free of litter /debris. Sidewalks, parking
lots and drive - throughs shall be swept regularly to
prevent the accumulation of litter and debris. When
swept or washed, debris must be trapped and collected
to prevent entry to the storm drain system. No
cleaning agent may be discharged to the storm drain.
If any cleaning agent or degreaser is used, washwater
shall not discharge to the storm drains; washwater
should be collected and discharged to the sanitary
sewer. Discharges to the sanitary sewer are subject to
the review, approval and conditions of the wastewater
treatment plant receiving the discharge.
Resolution No. 99 -1666
Page 21
d. All exterior metal building surfaces, including
roofing, shall be coated and sealed with rust
inhibitive paint to prevent corrosion and release of
metal contaminants into the storm drain system.
e. Landscaping shall be properly maintained with
efficient irrigation to reduce runoff, promote surface
filtration, and minimize the use of fertilizers and
pesticides, which can contribute to urban runoff
pollution.
f. Trash enclosures and /or recycling area (s) shall be
covered. All litter /waste material shall be kept in
leak proof containers. Area shall be paved with
impermeable material. No other area shall drain onto
these areas. There shall be no drain connected from
the trash enclosure area to either the storm drain
system or the sanitary sewer. However, the enclosure
shall be designed and constructed with provision for
future connection to the sanitary sewer.
National Pollutant Discharge Elimination System ( NPDES):
57. Prior to the issuance of any construction /grading permit
and /or the commencement of any clearing, grading or
excavation, the Developer shall submit a Stormwater
Pollution Control Plan (SWPCP), on the form provided by the
City for the review and approval of the City Engineer.
58. The SWPCP shall be developed and implemented in accordance
with requirements of the Ventura Countywide Stormwater
Quality Management Program, NPDES Permit No. CAS063339.
59. The SWPCP shall identify potential pollutant sources that
may affect the quality of discharges to stormwater and
shall include the design and placement of recommended. Best
Management Practices (BMPs) to effectively prohibit the
entry of pollutants from the construction site into the
storm drain system during construction.
60. Improvement plans shall note that the contractor shall
comply to the "California Storm Water Best Management
Practice Handbooks."
61. The Developer shall obtain a permit from the State Water
Resources Control Board for "All storm water discharges
Resolution No. 99 -1666
Page 22
associated with construction activity where clearing,
grading, and excavation results in land disturbances of
five or more acres." The Developer shall submit a Notice of
Intent (NOI) to the city Engineers office as proof of
permit application. I f required, prior to the issuance of
any construction /grading permit and /or the commencement of
any clearing, grading or excavation, the Developer shall
also submit the Notice of Intent to the California State
Water Resources Control Board, Storm Water Permit Unit in
accordance with the NPDES Construction General Permit No.
CASQ00002: Waste Discharge Requirements for Discharges of
Storm Water Runoff Associated with Construction Activities.
The Developer shall comply with all additional requirements
of this General Permit including preparation of a
Stormwater Pollution Prevention Plan (SWPPP).
62. The Developer shall also comply with NPDES objectives as
outlined in the "Stormwater Pollution Control Guidelines
for Construction Sites ". This handout is available at the
City Engineer's office and a copy will be attached to the
approved grading permit.
63. Development shall be undertaken in accordance with
conditions and requirements of the Ventura Countywide
Stormwater Quality Management Program, NPDES Permit No.
CAS063339.
64. The project construction plans shall incorporate Best
Management Practices (BMPs) applicable to the development
for the review and approval of the City Engineer.
65. All onsite storm drain inlets, whether newly constructed or
existing, shall be labeled "Don't Dump - Drains to Arroyo."
66. 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. All materials
required by FEMA for a map revision shall be provided to
the City Engineer's office. This material will demonstrate
the revised 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. If updates to the flood zone have
been made, a conditional letter of map revision shall be
provided to the City prior to issuance of a zone clearance
Resolution No. 99 -1666
Page 23
for occupancy of the first residential unit. The Developer
will be responsible for all costs charged by the FEMA and
City' administrative costs.
Street Improvement Requirements:
67. The Developer shall verify that all street improvements are
consistent with City of Moorpark policy and Ventura County
road standards. The Developer shall submit to the City of
Moorpark for review and approval, street improvement plans
prepared by a Registered Civil Engineer; and shall post
sufficient surety guaranteeing the construction of the
improvements. Street improvements, median, and parkway
landscaping shall not be accepted by the City for
maintenance until completion, unless otherwise determined
by the City Engineer.
68. The Developer shall apply for and pay required fees
associated with a City of Moorpark encroachment permit. An
encroachment permit is required for any work within the
City Right of Way.
69. Publicly dedicated streets shall conform to the design
requirements of the Ventura County Road Standards (most
recent revision), unless these requirements are modified by
a specific condition.
70. The street labeled as "A" Street shall be a publicly
dedicated street at a minimum from its intersection with
Los Angeles Avenue to a point on the south side of Majestic
Court. The developer shall provide a total right of way
width of 52 feet. The developer shall construct a street
with a width from curb face to curb face of 36 feet having
an 8 feet high slump block wall at the west property line
and a 4 feet sidewalk behind a 4'6" parkway on the east
side of the street.
71. The entrance at "A" Street shall be designed to include a
traffic control device acceptable to Caltrans and the City
Engineer that prohibits left turn movements onto Los
Angeles Avenue from "A" Street and onto "A" Street from Los
Angeles Avenue. The developer shall submit for review and
approval traffic counts /estimates for stacking of vehicles
at the entrance of "A" Street during peak hours. The
Developer shall justify that the design of the entrance of
"A" Street is adequate for peak hour stacking of vehicles
Resolution No. 99 -1666
Page 24
and truck turning radius movements (45 -foot minimum) . The
Developer shall submit for review and approval traffic data
to determine that there is not a need for deceleration or
acceleration lanes on Los Angeles Avenue.
72. A driveway access shall be constructed from the Regal Park
Homes property to the west through to "A" Street, north of
Majestic Court. The developer shall work with the Regal
Park Homeowners Association as to the location of the new
driveway access, the removal of the existing curb cut and
driveway at Los Angeles Avenue and installation of
irrigation lines and landscaping along the Regal Park
property frontage adjacent to Los Angeles Avenue. The size
and location of the driveway shall be approved by the
Homeowners Association and the Director of Community
Development. All costs associated with Preparation of
plans, removal and installation of all hardscape, softscape
and irrigation lines shall be the responsibility of the
developer. The plans shall be subject to the review and
approval of the City Engineer and Director of Community
Development. All of the work, including installation of
landscaping along Los Angeles Avenue shall be completed
prior to Occupancy of the first residential unit.
73. The developer shall offer to dedicate additional right -of-
way to Caltrans along the south side of Los Angeles Avenue
to provide 70 feet of right -of -way or less, if approved by
the City, from the centerline of the street to the south
property line.
74. The street improvements shall include concrete curb and
gutter, parkways, street lights, and signing, striping,
interim striping and traffic control, paving, and any
necessary transitions, to the satisfaction of the City
Engineer. All driveway locations shall be approved by the
City Engineer and the Director of Community Development.
All streetlights shall be designed so as not to reflect
light unto adjacent residential property. The Developer
shall dedicate any additional right -of -way necessary to
make all of the required improvements.
75. The Developer 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
Resolution No. 99 -1666
Page 25
include the area covered by the cut slope plus 5 feet and
fill slope plus 5 feet.
76. Streetlights shall be provided on the improvement plans per
Ventura County Standards and as approved by the City
Engineer. The Subdivider /Developer shall pay all energy
costs associated with public street lighting for a period
of one year from the acceptance of the street improvements.
77. Above ground obstructions (utility cabinets, mailboxes,
etc.) are to be placed within the right -of -way landscaping
areas whenever possible. When above ground obstructions are
to be placed within the sidewalk, a minimum five (5) foot
clear sidewalk width must be provided around the
obstruction.
78. Additional surety shall be provided for resurfacing and /or
repair of the full width portion of Majestic Court and /or
Los Angeles Avenue located adjacent to the project. The
surety shall be used to secure the curb replacement and
overlay or slurry of the street, as a result of damage from
construction work or utility trenching. The City may
require restoration of the street before occupancy of the
building. Surety will be returned upon the City Engineer
accepting the condition of the street.
Other:
79. The Developer shall indicate in writing to the City the
disposition of any wells that may exist within the project.
If any wells are proposed to be abandoned, or if they are
abandoned and have not been properly sealed, they must be
destroyed or abandoned per Ventura County Ordinance No.
2372 or Ordinance No. 3991 and per Division of Oil and Gas
requirements. Permits for any well reuse (if applicable)
shall conform with Reuse Permit procedures administered by
the County Water Resources Development Department.
80. The Developer shall 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)
Resolution No. 99 -1666
Page 26
81. All existing and proposed utilities shall be undergrounded
as approved by the City Engineer. All power lines less than
66KV shall be undergrounded.
82. The final design and location of all walls and fences,
streetscape elements, urban landscaping are subject to the
approval of the Director of Community Development.
83. In accordance with
street improvement
statement on the
monuments in the c
tied out or will be
84. Any right -of -way
improvements shall
expense.
Business and Professions Code 8771 the
plans shall, provide for a surveyors
plans, certifying that all recorded
: onstruction area have been located and
protected in place during construction.
necessary to complete the required
be acquired by the Developer at their
85. If any of the improvements which the Developer is required
to construct or install is to be constructed or installed
upon land in which the Developer does not have title or
interest sufficient for such purposes, the Developer shall
do all of the following at least 60 days prior to the
filling of the final or parcel map for approval pursuant to
Governmental Code Section 66457.
a. Notify the City of Moorpark in writing that the
Developer 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 Developer will pay all
of the City's cost (including, without limitation,
Resolution No. 99 -1666
Page 27
attorney's fees and overhead expenses) of acquiring
such an interest in the land.
86. The Developer shall submit wall and landscaping plans
showing that provisions have been taken to provide for and
maintain proper sight distances. All fences, walls and
other structures shall be submitted to and approved by the
Director of Community Development.
87. The Developer shall post sufficient surety guaranteeing
completion of all site improvements within the development
and other offsite and on -site improvements, including the
ultimate street improvements on Los Angeles Avenue and
improvements required by the conditions as described herein
(i.e., grading, street improvements, storm drain
improvements, landscaping, fencing, bridges, etc.) or which
require removal (i.e., access ways, temporary debris
basins, etc.) in a form acceptable to the City.
88. The developer shall construct all masonry perimeter walls
prior to rough grading of the overall site.
89. Any special street intersection treatments shall be
approved by the City Engineer and the Director of Community
Development.
90. The Developer shall make a special contribution to the City
representing the Developer's pro -rata share of the cost of
improvements at the following intersections:
a. Los Angeles Avenue /Spring Road ($165,000)
b. Los Angeles Avenue /Moorpark Avenue ($65,000)
C. Poindexter Avenue /Moorpark Avenue ($120,000)
The actual contribution (pro -rata share) shall be based
upon the additional traffic added to the intersection. The
Developer's traffic engineer shall provide the City
Engineer an estimate of the projected numbers for
calculation of the pro -rata share.
DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY:
91. Grading may occur during the rainy season from October 15th
to April 15th subject to installation of debris and erosion
control facilities. Erosion control measures shall be in
place and functional between October 15th and April 15th.
Resolution No. 99 -1666
Page 28
92. Prior to any work being
or City right of way,
necessary encroachment
Agencies.
conducted within
the Developer
permits from
the State, County,
shall obtain all
the appropriate
93. During site preparation and construction, the contractor
shall minimize disturbance of natural groundcover on the
project site until such activity is required for grading
and construction purposes.
94. During clearing, grading, earth moving or excavation
operations, dust shall be controlled by regular watering.
In addition the following measures shall apply:
95. Water all site access roads and material excavated or
graded on or off -site to prevent excessive amounts of dust.
Watering shall occur a minimum of at least two times daily,
preferably in the late morning and after the completion of
work for the day. Additional watering for dust control
shall occur as directed by the City. The grading plan shall
indicate the number of water trucks, which will be
available for dust control at each phase of grading.
96. Cease all clearir
operations during
mph averaged over
contact with the
meteorologist for
speeds.
ig, grading, earth moving, or excavation
periods of high winds (greater than 20
one hour). The contractor shall maintain
Air Pollution Control District (APCD)
current information about average wind
97. Water or securely cover all material transported off -site
and on -site to prevent excessive amounts of dust.
98. Keep all grading and construction equipment on or near the
site, until these activities are completed.
99. Facemasks shall be used by all employees involved in
grading or excavation operations during dry periods to
reduce inhalation of dust, which may contain the fungus,
which causes San Joaquin Valley Fever.
100. The area disturbed by clearing, grading, earth moving, or
excavation operations shall be minimized to prevent
excessive dust generation.
Resolution No. 99 -1666
Page 29
101. Wash off heavy -duty construction vehicles before they leave
the site.
102. After clearing grading, earth moving, or excavation
operations, and during construction activities, fugitive
dust emissions should be controlled using the following
procedures:
103. Apply non - hazardous chemical stabilizers to all inactive
portions of the construction site. When appropriate, seed
exposed surfaces with a fast - growing, soil - binding plant to
reduce wind erosion and its contribution to local
particulate levels.
104. Periodically, or as directed by the City Engineer, sweep
public streets in the vicinity of the site to remove silt
(i.e., fine earth material transported from the site by
wind, vehicular activities, water runoff, etc.) which may
have accumulated from construction activities.
105. All diesel engines used in construction equipment shall use
reformulated diesel fuel.
106. During smog season (May- October) the City 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. The City, at its discretion, may also limit
construction during Stage II alerts.
107. Construction activities shall be limited to between the
following hours: a) 7:00 a.m. and 7:00 p.m. Monday through
Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday.
Construction work on Saturdays will require payment of a
premium for City inspection services, and may be further
restricted or prohibited should the City receive complaints
from adjacent property owners. No construction work is to
be done on Sundays, pursuant to Section 15.26.010 of the
Municipal Code.
108. Truck noise from hauling operations shall be minimized
through establishing hauling routes, which avoid
residential areas, and requiring that "Exhaust Brakes" not
be used along the haul route within the City. The hauling
plan must be identified as part of the grading plan and
shall be approved by the City Engineer.
Resolution No. 99 -1666
Page 30
109. The Developer shall ensure that construction equipment is
fitted with modern sound - reduction equipment.
110. Equipment not in use for more than ten minutes shall be
turned off.
111. If any hazardous waste is encountered during the
construction of this project, all work shall be immediately
stopped and the Ventura County Environmental Health
Department, the Fire Department, the Sheriff's Department,
and the City Construction Observer shall be notified
immediately. Work shall not proceed until clearance has
been issued by all of these agencies.
112. The Developer shall utilize all prudent and reasonable
measures (including installation of a 6 -foot high chain
link fence around the construction sites or provision of a
full time licensed security guard) to prevent unauthorized
persons from entering the work site at any time and to
protect the public from accidents and injury.
113. Equipment engines shall be maintained in good condition and
in proper tune as set forth in manufacturer's
specifications.
114. Backfill of any pipe or conduit shall be in 4" fully
compacted layers unless otherwise specified by the City
Engineer.
115. Soil testing for trench compaction is to be performed on
all trenches for pipe or conduit placement. The interval of
testing shall be less than once every 4 feet of lift and
100 lineal feet of trench excavated. This note shall also
be placed on applicable plans associated with site
development.
116. Observe a 15 -mile per hour speed limit for the construction
area.
117. During site preparation and construction, construct
temporary storm water diversion structures per City of
Moorpark standards.
Resolution No. 99 -1666
Page 31
PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR A BUILDING PERMIT
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
118. Prior to issuance of a building permit, the Developer shall
pay to the City the Los Angeles Avenue Area of Contribution
(AOC) Fee, which shall be the dollar amount in effect at
the time the fee is paid.
If previous payment of this contribution can be
demonstrated, to the City's satisfaction upon concurrence
of the City Manager, the Developer would not have to pay
the AOC fee.
119. Prior to issuance of a building permit, all habitable
structures shall be designed to current UBC requirements or
the City approved geotechnical report requirements for the
project, whichever standard is most restrictive.
120. An As- Graded geotechnical report and rough grading
certification shall be submitted to and approved by the
City Engineer and Geotechnical Engineer.
PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
121. If directed by the City, the Developer shall have repaired,
overlayed or slurried that portion of Moorpark Avenue,
Majestic Court and /or Los Angeles Avenue adjacent to the
development. The repairs, curb replacement, parkways,
sidewalks, and overlay or slurry of the street, as a result
of damage from construction work or utility trenching shall
be along the entire length of the project including
transitions unless otherwise approved and shall be
completed to the satisfaction of the City Engineer.
122. A copy of the recorded Map(s) shall be forwarded to the
City Engineer for filing.
123. A final grading certification shall be submitted to and
approved by the City Engineer.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND REDUCTION
AND /OR EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
124. Reproducible centerline tie sheets shall be submitted to
the City Engineer's office.
Resolution No. 99 -1666
Page 32
125. Sufficient surety in a form and in an amount acceptable to
the City guaranteeing the public improvements shall be
provided, and shall remain in place for one year following
acceptance by the City. Any surety that is in effect three
years after final map approval or issuance of the first
building permit shall be increased an amount equal to or
greater than the consumers price index (Los Angeles /Long
Beach SMSA) for a period since original issuance of the
surety and shall be increased in like manner each year
thereafter.
126. If necessary, 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.
127. Original "as built" plans will be certified by the
Developer's Registered 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 3611, they must
be resubmitted as "record drawings" 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 will be scheduled.
128. The Developer shall demonstrate that a maintenance
agreement is in place as part of the Homeowners Association
responsibility for the purpose of servicing all on -site
NPDES devices.
Offer of Dedication and Maintenance Agreement
129. Prior to approval of the Final Map, the applicant shall
provide an irrevocable offer of an easement and execute a
"Maintenance Agreement" between Caltrans and the City
subject to approval of Caltrans and the City, to ensure
maintenance of the landscaping within the Caltrans right -
of -way to the City and execute for the purpose of
maintaining all landscaping along Los Angeles Avenue.
Prior to approval of the Final Map, the applicant shall
provide an irrevocable offer of an easement to the City for
the purpose of maintaining all landscaping of the site
adjacent to Los Angeles Avenue. The area referred to shall
be all landscaped portions of the required setback area
Resolution No. 99 -1666
Page 33
adjacent to the public right -of -way along the street
frontages. The applicant shall be responsible for
maintenance of the aforementioned area as well as the
landscaping within the public right -of -way adjacent to the
project. If the City, at its sole discretion, determines
the landscape maintenance to be unsatisfactory in any of
the aforementioned areas, the City may invoke the offer of
dedication and assume responsibility at the owner's expense
for any or all of the aforementioned areas. The total cost
of maintenance for the areas noted above shall be borne by
the applicant. The City may, at its sole discretion, place
the aforementioned areas in a landscape maintenance
assessment district. The applicant shall record a covenant
to this effect. The applicant shall maintain the right to
protest the amount of spread of any proposed assessment,
but not the formation of, or annexation to a maintenance
assessment district.
COUNTY OF VENTURA ENVIRONMENTAL HEALTH CONDITION:
130. All water impoundment (s) shall be maintained in a manner
which will not create mosquito breeding sources.
131. Prior to issuance of a building permit pertaining to the
project, the applicant shall obtain plan check approval of
the proposed swimming pool (s) from the County of Ventura
Environmental Health Division.
COUNTY OF VENTURA WATERWORKS DISTRICT CONDITIONS:
132. Provide Ventura County Waterworks District the following:
a. Water and sewer improvement plans. A sample format is
available at the District upon request.
b. Hydraulic analysis by a registered Civil Engineer to
determine the adequacy of the proposed and existing
water and sewer lines.
C. Copy of approval of fire hydrant locations by County
of Ventura Fire Protection District.
d. Copy of Release from Calleguas Municipal Water
District.
e. Cost estimates for water and sewer improvements.
Resolution No. 99 -1666
Page 34
f. Fees: Plan
improvement
meter charge.
check, construction inspection, capital
charge, sewer connection fee and water
g. Signed Contract to Install, and Surety Bond.
MOORPARK POLICE DEPARTMENT REQUIREMENTS:
133. The applicant is required to adhere to applicable Police
Department Requirements.
VENTURA COUNTY FLOOD CONTROL CONDITION:
134. Prior to Final Map Approval, the applicant is required to
dedicate to the Ventura County Flood Control District the
area required by the District for the proposed future
improvements to the Arroyo Simi. Verification of dedication
of the area from the Flood Control District shall be given
to the Department of Community Development prior to Final
Map Approval.
135. No direct storm drain connections to Ventura County Flood
Control District facilities will be allowed without
appropriate Best Management Practices (BMP's) for
compliance with Ventura Countywide Stormwater Program.
VENTURA COUNTY FIRE DISTRICT CONDITIONS:
136. Access roads shall be installed with an all weather
surface, suitable for access by Fire Department apparatus.
A minimum clear street width of 36 feet shall be provided.
137. The access roadway (s) shall be extended to within 150 feet
of all portions of the exterior walls of the first story of
any building. Where the access roadway cannot be provided,
approved fire protection system or systems shall be
installed as required and acceptable to the Fire District.
138. All driveways shall have a minimum vertical clearance of 13
feet 6 inches (131611).
139. Approved turnaround areas for fire apparatus shall be
provided where the access road is 150 feet or farther from
the main thoroughfare.
Resolution No. 99 -1666
Page 35
140. The access road (s) /driveway (s) shall be certified by a
registered Civil Engineer as having an all weather surface
in conformance with public Works standards. This
certification shall be submitted to the Fire District prior
to combustible construction.
141. Any gates used to control vehicle access shall be designed
as required by the Fire Department Gate Guidelines. Design
criteria includes, stacking method of gate control, clear
widths, and Knox systems for secured gates. Gate plan
details shall be submitted to the Fire Prevention Division
for review and approval prior to recordation.
142. Prior to recordation of street names, proposed names shall
be submitted to the Fire District's Communications Center
for review and approval.
143. Street name signs shall be installed in conjunction with
the road improvements. The type of sign shall be in
accordance with Plate F -4 of the Ventura County Road
Standards.
144. Address numbers, a minimum of 4 inches (411) high, shall be
installed prior to occupancy, shall be of contrasting color
to the background, and shall be readily visible at night.
Where structures are set back more than 150 feet (1501)
from the street, larger numbers will be required so they
are distinguishable from the street. In the event the
structure (s) is not visible from the street, the address
number (s) shall be posted adjacent to the driveway
entrance.
145. Prior to construction, the applicant shall submit plans to
the Fire District for review and approval of the location
of hydrants. On Plans, show existing hydrants within 500
feet of the development.
146. Fire hydrants shall be installed and in service prior to
combustible construction and shall conform to the minimum
standard of the Moorpark Water Works manual.
147. Each hydrant shall be a 6 -inch wet barrel design and shall
have (1) 4 inch and (1) 2 1/2 -inch outlet(s).
148. The required fire flow shall be achieved at no less than
20 -psi residual pressure.
Resolution No. 99 -1666
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149. Fire hydrants shall be spaced 300 feet on center and so
located that no structure will be farther than 150 feet
from any one hydrant.
150. Fire hydrants shall be set back in from the curb face 24
inches on center.
151. A minimum fire flow of 1,000 gallons per minute at 20 psi
shall be provided at this location. The applicant shall
verify that the water purveyor can provide the required
volume at the project.
152. Prior to recordation, the applicant shall provide to the
Fire District verification from the water purveyor that the
purveyor can provide the required fire flow for the
project.
153. The building plans of public assembly areas which have
occupant load of 50 or more, shall be submitted to the Fire
District for review.
154. Portions of this development may be in a high fire hazard
area and those structures shall meet hazardous fire area
building code requirements.
155. All grass or brush exposing and 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.
156. An approved spark arrestor shall be installed on the
chimney of any structure (s).
157. Applicant shall obtain and comply with the provisions of
VCFD No. 126 "Requirements for Construction" prior to
obtaining a building permit for any new structures or
additions to existing structures.
Resolution No. 99 -1666
Page 37
APPROVAL OF RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 98 -1
SUBJECT TO COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Note: Prior to the issuance of a Building Permit, the applicant
shall have recorded Tract Map 5133. The conditions of approval
for the Tentative Tract Map shall apply to Residential Planned
Development Permit No. 98 -1.
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS:
GENERAL REQUIREMENTS:
Permitted Uses
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.
Requirement for Affordable Housing Agreement
2. Far West Homes, LLC (Developer) shall, in order to meet the
requirements of California Health and Safety Code 33410 et
seq., as a condition of Tentative Tract Map No. 5133, agree
as follows:
(1) Low Income Housi
(A) Developer shall provide seven (7) three (3) bedroom
units of not less than 1,160 square feet in size, to be
sold to buyers who meet the criteria for low income
households established by the United States Department of
Housing and Urban Development for the County of Ventura
(800 of Median income). Four (4) of said units shall be
provided within the development project and scheduled as
follows:
(a) The first unit shall be constructed no later than
the construction of the twenty -fifth (25th) unit.
(b) The second unit shall be constructed no later than
the construction of the fiftieth (50th) unit.
Resolution No. 99 -1666
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(c) The third unit shall be constructed no later than
the construction of the seventy -fifth (75th) unit.
(d) The fourth unit shall be constructed prior to the
construction of the last unit.
(B) Three (3) of the required units may be provided outside
the development project through such means or methods as
purchase buy- downs, or other means approved by the City.
The Developer shall be responsible for all costs related to
providing the affordable units and shall be responsible for
providing the City with verification that the units
provided outside the development project are units
previously not affordable to low income households. The
Developer shall also be responsible for providing the
affordable units as follows:
(a) If the affordable units are located within the
Moorpark Redevelopment Project Area the units shall be
provided on a one - for -one basis.
(b) If any of the affordable units are located outside
of the Moorpark Redevelopment Project Area, the units
shall be provided on two units for each required unit
basis.
The initial sales price, location of the units, buyer
eligibility, resale restrictions, respective role of the
City and the Developer, and any other item determined
necessary by the City shall be set forth in the Affordable
Housing Implementation and Resale Restriction Plan, which
shall be approved by the City Council prior to recordation
of the first final Tract Map for this project.
The Developer and City shall, prior to the occupancy of the
first residential unit for the Project, execute an
Affordable Housing Agreement that incorporates the Plan in
total and is consistent with this Agreement.
(2) Very Low Income Housing
In lieu of constructing the five (5) Very Low income
affordable housing units required, Developer shall pay a
fee of Sixty Thousand Dollars ($60,000) for each of the
five units, or a total of Three Hundred Thousand Dollars
($300,000) to the City (In -Lieu Fee) which shall be used by
the City for the purpose of providing housing affordable to
Very -Low income households. A pro -rata portion of the In-
Resolution No. 99 -1666
Page 39
Lieu Fee in the amount of Three Thousand Seven Hundred
Ninety Seven Dollars and Forty Seven Cents ($3,797.47) per
unit shall be paid prior to issuance of the building permit
for each dwelling unit in the development project (This is
based on 79 units) .
Commencing October 1, 2001, and annually thereafter, the
In -Lieu Fee shall be adjusted by any increase in the
Consumer Price Index (CPI) until all In -Lieu Fees have been
paid. The CPI increase shall be determined by the
information provided by the U.S. Department of Labor,
Bureau of Labor Statistics, for all urban consumers within
the Los Angeles /Anaheim /Riverside metropolitan area for the
preceding twelve month period covering June to June. In the
event there is a decrease in the CPI for any annual
indexing, the In -Lieu Fee shall remain at its then current
amount until such time as the next subsequent indexing
which results in an increase.
3) Preparation Fee
Developer shall pay to City the amount of Five Thousand
Dollars ($5,000.00) for the City's cost to prepare the
affordable housing plan and agreement required pursuant to
this Condition.
Approval of the Residential Planned Development Permit is
conditioned upon execution of an Affordable Housing
Agreement between the City of Moorpark and the applicant or
developer. Compliance with the terms and conditions of this
Agreement shall address affordable housing provisions. The
Agreement is subject to approval of the City Council, and
if compliance of the Agreement is not achieved, the City
Council may initiate a Reversion to Acreage or other
procedure, and nullify the Residential Planned Development
Permit. City Council approval of an Affordable Housing
Agreement must occur before approval of the Final
Subdivision Map.
Use Inauguration
3. Unless the project is inaugurated (building foundation slab
in place and substantial work in progress) not later than
three (3) 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
Resolution No. 99 -1666
Page 40
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.
Modification to Permit
4. 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
S. 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.
Graffiti Removal
6. 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.
Phasing
7. 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.
Resolution No. 99 -1666
Page 41
Effect of Conditions
8. 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.
Severabilit
9. 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
10. 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.
Acceptance of Conditions
11. The permittee's acceptance
commencement of construction
permit shall be deemed to be
of this permit.
Surety for Utilities
of this permit and /or
and/ or operations under this
acceptance of all conditions
12. 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 undergrounded to the nearest off -site utility
pole. Prior to the issuance of an occupancy permit for the
last house in the tract, 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
Resolution No. 99 -1666
Page 42
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
13. Rain gutters and
of the structure
roof flow. Water
in non - corrosive
Engineer.
Roof Mounted Equipment
downspout shall be provided on all sides
for all units where there is a directional
shall be conveyed to the street or drives
devices as determined by the City
14. No roof mounted equipment
be permitted. Exceptions
approved by the Director of
Exterior Lighting
(other than required vents) shall
to this limitation must be
Community Development.
15. 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.
Dedication of Access Rights
16. The applicant shall dedicate to the City all access rights
on "A" Street, Majestic Court and all private streets
within the project site in order to provide access for all
governmental agencies providing Municipal Code compliance,
public safety, health and welfare services.
17. The developer shall dedicate vehicular access rights to the
City of Moorpark along "A" Street and Majestic Court.
Energy Saving Devices
18. That all residential units shall be constructed employing
energy saving devices. These devices are to include, but
are not limited to the following:
Resolution No. 99 -1666
Page 43
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
19. 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.
Archaeological or Historical Finds
20. 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 GRADING PERMIT:
21. The applicant shall indicate where the export of dirt from
the site will be taken. 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 haul routes.
Resolution No. 99 -1666
Page 44
PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
Citywide Traffic Mitigation Fee
22. Prior to the
construction for
Citywide Traffic
residential units.
Lighting Plan
issuance of a Zoning Clearance for
each unit, the applicant shall pay a
Mitigation Fee of $3,000 for each of the
23. Prior to issuance of a Zoning Clearance for Construction,
the applicant shall submit to the Department of Community
Development a lighting plan for review and approval
consistent with Section 17.30.060.
Traffic System Management Contribution
24. 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
$1,288.87 per unit to fund TSM programs or clean -fuel
vehicles programs as determined by the City.
Tree Report and Removal Permit
25. As a condition of removal of the trees on -site, the
applicant shall provide an additional $130,324.00 worth of
trees and other enhanced landscaping which is the amount of
the value of existing trees to be removed from the site.
The additional landscaping is in addition to the
landscaping normally required for the project is in
additional to what would normally be required normal
required landscaping. This amount may be reduced by the
amount of the value of any trees to remain as determined by
the Director of Community Development.
Submittal of Landscape Plans
26. Prior to issuance of a Zoning Clearance for construction, a
complete landscape plan, together with specifications shall
be submitted to the Director of Community Development. The
plans shall conform to the following:
Resolution No. 99 -1666
Page 45
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.
C. The plans shall include the following landscape
components as appropriate: demolition, construction,
irrigation, planting, details and specifications.
d. 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.
e. A separate Maintenance Plan shall be prepared in
accordance with the Approval/ Installation Verification
standards described in the Ventura County Landscape
Design Criteria.
f. Unless otherwise specified in these project
conditions, the plans shall be prepared in substantial
conformance with the approved conceptual plans for the
project.
g. The applicant shall bear the full cost of landscape
plan reviews, installation and inspections as deemed
necessary by the Director of Community Development.
h. 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.
i. The following notes shall be included on the plans and
shall be project conditions:
Resolution No. 99 -1666
Page 46
i. All plant material shall conform to the current
issue of the American Standard for Nursery Stock
published by the American Association of
Nurserymen.
ii. 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.
iii. Prior to final inspection by the City of
Moorpark, the applicant shall provide a written
certification for the operation of the backflow
device.
j. A ten foot (10) wide dense landscaping buffer along
the entire length of the southerly property line
adjacent to the Arroyo Simi shall be provided.
k. Thirty six (36) inch box trees shall be provided along
the east, west and southerly property lines, one for
each front yard area and within the parkway on the
east side of "A" Street.
1. The planting plan shall indicate the proposed
locations of light standards. The lighting and tree
locations shall be designed to avoid conflicts.
M. All backflow preventers, transformers, and other
above -grade utilities shall be appropriately screened
with walls and /or plantings.
n. The planting and irrigation design shall comply with
the State of California Model Water Efficient
Landscape Ordinance.
o. 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.
P. Subsequent to occupancy, the landscaping shall be
maintained in accordance with the approved Maintenance
Plan.
Resolution No. 99 -1666
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q. The landscape plan shall include planting and
irrigation specifications for manufactured slopes and
all common areas.
r. Ground cover, trees, and shrubs shall be provided on
Lots 43 and 71 and shall be designed so as to function
as a decorative entryway to the project.
S. The landscape plan shall include planting and
irrigation specifications for manufactured slopes over
three (3) feet in height, front yard landscaping for
all residences and all common areas to be maintained
by the homeowners association including the parkways
located along Los Angeles Avenue and "A" Street. Front
Yard landscaping shall be installed on all lots in
this project and approved by the Director of Community
Development prior to final inspection and release of
utilities.
t. Prior to the issuance of a Zoning Clearance for
construction and /or recordation of Tentative Tract Map
No. 5133, the applicant shall provide an irrevocable
offer of an easement to the City for the purpose of
maintaining all landscaping and walls adjacent Los
Angeles Avenue and "A" Street in the event such is
determined to be necessary by the City at it's sole
discretion. The Homeowners Association shall be
responsible for maintenance of all common areas as
determined by the City. Bermed landscaping consisting
of trees, ground cover, flowers and shrubs shall be
provided along the property frontage adjacent to Los
Angeles Avenue.
U. In the area of future buildings not under
construction, turf and irrigation shall be installed.
V. 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.
Resolution No. 99 -1666
Page 48
ii. All plant species utilized shall not exceed the
irrigation Water Allowance, as discussed in the
State Model Water Efficient Landscape Ordinance.
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. The plans shall include landscaping in all front
yards, landscaping adjacent to Los Angeles
Avenue, the ten foot landscaping buffer along the
Arroyo Simi and all other landscaping areas with
the exception of the private rear yard areas of
the residences. Applicant shall install front
yard landscaping as approved on the landscape
plans. Front yard and common area landscaping
shall be completed for each area of exclusive
right to occupancy prior to occupancy of the
units having the right to use the adjacent yard
space.
V. Landscaping shall be designed so as to not
obstruct the view of any exterior door or window
from the street.
vi. 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.
vii. A coordinated tree planting program shall be
developed which will provide a dominant theme
tree within the components of the proposed
development.
viii. 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.
ix. 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.
X. The applicant shall install purple pipe in all
common areas for the purpose of using reclaimed
water when available.
Resolution No. 99 -1666
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Private Recreational Facilities
27. All private recreational facilities and tot lots, including
the type of play equipment shall be subject to the review
and approval of the Community Development Director. A six
(6) foot high wrought iron fence with pilasters shall be
provided around the swimming pool area. All fences and
walls shall be approved by the Director of Community
Development. The height of the walls around the perimeter
of the project shall be in substantial conformance with
perimeter walls or fence details included in the project
landscape plans. Sound attenuation referenced in any
acoustical report prepared for the project shall be taken
into account as necessary. 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 around the
development.
28. The location and design of solar panels for heating any
swimming pool constructed within the development shall be
subject to the approval of the Director of Community
Development prior to the issuance of a Zoning Clearance for
construction. All solar panels shall be designed so as to
be part of the overall design of the structure supporting
it.
Locked Gated Access to Flood Control Channel
29. Any gated access to the flood control channel shall be
locked at all times to prevent permanent access unless
otherwise authorized in writing by the City.
Construction Access Plan
30. The applicant shall submit a construction access plan to
the Department of Community Development for review and
approval by the Director of Community Development.
Zoninq Clearance
31. 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
Resolution No. 99 -1666
Page 50
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 ".
Submittal of Construction Drawings
32. 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.
Revisions to Plans
33. 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 windows on all building elevations shall be
provided with surrounds or other architectural
features as approved by the Director of Community
Development.
b. All garage doors shall be of the roll -up sectional
type and have automatic garage door openers.
c. Additional garage door designs shall be provided. The
design of the doors are subject to the review and
approval of the Director of Community Development.
d. The east and west property line and the north property
line setback along the Los Angeles Avenue property
frontage shall have a ten (10) foot high wall (as
measured on the project side), unless otherwise
modified by the Director of Community Development. The
project property line walls on the east and west
property lines shall be constructed prior to issuance
of zoning clearance for grading. Perimeter and walls
separating yards shall be made of slump block brown in
color (or as otherwise approved by the Director of
Community Development). Interior walls separating
Resolution No. 99 -1666
Page 51
yards shall be six (6) feet in height. Front yard
gates shall be Redwood.
e. The perimeter wall along the west property line
frontage may be modified to provide for a combination
of wall and wrought iron fence between garage walls
with landscaping as agreed to between the Regal Park
Homeowners Association and the City. Any modification
to the requirement for the ten foot high wall is
subject to the review and approval of the Director of
Community Development.
f. The height and design of the proposed perimeter walls
are subject to the review and approval of the Director
of Community Development. The wall shall be built at
the property line of the residential lots as
determined by the Director of Community Development.
Prior to submittal of plans to the Department, the
applicant shall review the plans with the adjacent
property owners. The Director of Community Development
shall have final approval authority over design,
location and size of all walls /fences.
g. A fencing, perimeter, gate, and privacy barrier wall
plan (complete with related landscaping details)
identifying the materials to be used and proposed wall
heights and locations shall be submitted to and
approved by the Director of Community Development. The
approved fencing and barrier wall plan shall be
incorporated into the CC &R's. All fencing and barrier
walls along lot boundaries shall be in place prior to
occupancy, unless timing for installation is otherwise
stated in these conditions. Where applicable prior to
approval of the final wall and fence plan, the
Director of Community Development shall approve the
connection of property line wall with existing fences
and or walls on the adjacent residential development.
The developer is required at his /her sole expense to
connect adjacent residential walls and or fences to
the project perimeter wall utilizing the same type of
material that comprises existing walls and or fences
that are to be connected to the project perimeter
wall.
h. The first row of residential structures proposed
adjacent to Los Angeles Avenue shall be constructed
Resolution No. 99 -1666
Page 52
with windows, walls and roofs with an STC rating of 30
or greater. The applicant's engineer shall certify
that this criteria has been met.
i. A six (6) foot high wall and gate (for future access
to the Arroyo Simi) along the southerly property line
shall be constructed. The bottom three (3) feet shall
be constructed of slump block (or other material as
approved by the Director of Community Development)and
the top three (3) feet shall be wrought iron.
j. A ten foot (10) wide dense landscaping buffer along
the entire length of the southerly property line
adjacent to the Arroyo Simi shall be provided.
The size of the recreational area shall be increased
pursuant to Staff Alternative "B" and shall contain a pool
minimum surface area of 1,000 sq. ft.), spa, wading pool,
deck area, tot lot and building containing restrooms and a
meeting room. The design of the recreation facility,
fencing and equipment proposed for the tot lot shall be as
approved by the Director of Community Development. The tot
lot may be located on Ventura County Flood Control property
if approved by the Ventura County Flood Control District
and the Director of Community Development.
k. Additional architectural features shall be
incorporated into the design including such items as
additional insets and /or pop -outs, and /or dormers
which would serve to both break up the horizontal and
vertical plane of the walls. Additionally, the use of
exposed rafter tails, more elaborate surrounds on all
windows, additional irregularly placed deep inset
windows, lintels at window heads, and door surrounds
should be considered.
1. All bathroom windows on the second story shall be
located a minimum of 516" above the floor level and
have opaque glass.
M. All guest parking spaces shall be posted for "guest
parking" only. Signage required to properly identify
and limit parking spaces for "guests only" shall be
approved by the Director of Community Development.
Resolution No. 99 -1666
Page 53
n. Along Los Angeles Avenue the Developer shall
irrevocably offer to dedicate for street purposes all
the property north of the final location of the north
property line wall.
The amount of property needed for the right -of -way for
Los Angeles Avenue and the location of the sidewalk
shall be as determined by the City Engineer and the
Director of Community Development except that the
right -of -way shall not exceed twenty (20) feet;
however, up to an additional five (5) feet (25 feet
total) may be added as required by the Director of
Community Development with a reduction of up to five
(5) feet in the north /south dimension of the
recreation lot to allow increased landscaping along
Los Angeles Avenue.
The developer shall landscape the area north of the
wall not required for street improvements and
sidewalk.
o. The proposed rolled curbs shall be replaced with
vertical curbs.
p. Four (4) foot wide sidewalks shall be provided on both
sides of all private streets.
Outstanding Case Processing Fees
34. 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 permits.
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 and Tentative Tract Map.
Performance Bond
35. 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 Certificate of Deposit (CD) to
guarantee the construction and maintenance of exterior
improvements including, but not limited to perimeter tract
walls (including stucco treatment), fences, slope planting
Resolution No. 99 -1666
Page 54
or other landscape improvements not related to grading,
private recreational facilities, etc. Said on -site
improvements shall be completed within 60 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 deposit; however, the
Certificate of Deposit 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 landscape
improvements not related to grading; private recreational
facilities, etc. are maintained.
Vents and Metal Flashin
36. 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.
37. Solar panels for heating any swimming pool constructed
within the development shall be subject to the approval of
the Director of Community Development prior to the issuance
of a Zoning Clearance for construction. All solar panels
shall be designed so as to be part of the overall design of
the structure supporting it.
Garage Size
38. Individual garages shall maintain minimum unobstructed
inside dimensions of 20 feet in length and 20 feet in width
with a minimum interior height of 8 feet.
Adjacent Property Walls and Fences
39. All property line garden walls or wrought iron fences shall
be no further than one inch from the property line.
Provision for Image Conversion of Plans into Optical Format
40. 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.
Resolution No. 99 -1666
Page 55
Cable Service
41. 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.
Color of Exterior Building Materials
42. All exterior building materials and paint colors shall be
those approved by the Redevelopment Agency.
Apha --tnc
43. No asbestos pipe or construction materials shall be used.
Public Nuisance
44. 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.
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
Will Serve Letter
45. An "Unconditional Will Serve Letter" for water and sewer
service shall be obtained from the Ventura County
Waterworks District No. 1.
Resolution No. 99 -1666
Page 56
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
Enforcement of Vehicle Codes
46. 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.
Payment of Fee for Crossing Guard
47. Prior to the issuance of the first occupancy, applicant
shall pay an amount to cover the costs associated with a
crossing guard for five years at the then current rate when
paid, plus the pro -rata cost of direct supervision for one
crossing guard location and staff's administrative costs
(calculated at fifteen percent of the above costs).
Completion of Common and Front Yard Landscaping
48. The applicant shall install front yard landscaping as
approved on the landscape plans. Front yard and common
landscaping shall be completed for each lot prior to it's
occupancy.
Acceptance of On -Site Improvements
49. 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, private
recreation areas, and other improvements not related to
grading, etc. are maintained.
Resolution No. 99 -1666
Page 57
50. All related perimeter and garden walls shall be constructed
prior to the issuance of a zoning clearance for occupancy.
CITY ENGINEER CONDITIONS:
PRIOR TO ISSUANCE OF THE FIRST BUILDING PERMIT FOR CONSTRUCTION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
51. The applicant shall have recorded Tract Map 5133. The
Conditions of Approval for Tentative Tract Map shall apply
to Residential Planned Development Permit No. 98 -1.
MOORPARK POLICE DEPARTMENT REQUIREMENT:
52. The applicant is required to adhere to applicable Police
Department Requirements.
WATERWORKS DISTRICT NO 1 CONDITION:
53. The Conditions of Approval for Tentative Tract Map No. 5133
shall apply to Residential Planned Development Permit No.
98 -1
FIRE DEPARTMENT CONDITIONS:
54. The Conditions of Approval for Tentative Tract Map No. 5133
shall apply to Residential Planned Development Permit No.
98 -1.
AIR POLLUTION CONTROL DISTRICT CONDITIONS:
55. All clearing, grading, earth moving, or excavation
activities shall cease during periods of high winds (i.e.,
greater than 15 miles per hour averaged over one hour) to
prevent excessive amounts of fugitive dust.
56. All trucks that will haul excavated or graded material off -
site shall comply with State Vehicle Code Section 23114,
with special attention to Sections 23114 (b)(F), (e) (2) and
(e)(4) as amended, regarding the prevention of such
material spilling onto public streets and roads.
57. All unpaved on -site roads shall be periodically watered or
treated with environmentally safe dust suppressants to
prevent excessive amounts of dust.
Resolution No. 99 -1666
Page 58
58. The area disturbed by clearing, grading, earth moving, or
excavation operations shall be minimized to prevent
excessive amounts of fugitive dust.
59. All active portions of the site shall be either
periodically watered or treated with environmentally safe
dust suppressants to prevent excessive amounts of dust.
60. On -site vehicle speeds shall not exceed 15 miles per hour.
61. Equipment engines shall be maintained in good condition and
in proper tune as per manufacturers specifications.
MOORPARK UNIFIED SCHOOL DISTRICT CONDITION;
62. Prior to the issuance of Building Permits for construction,
the applicant shall pay applicable school fees.
MITIGATION /MONITORING PROGRAM
TENTATIVE TRACT MAP NO. 5133
RESIDENTIAL PLANNED DEVELOPMENT 98 -1
Geology and Soils Mitigation and Monitoring
Mitigations
1. The applicant shall submit to the City of Moorpark for
review and approval, a rough grading plan, consistent with
the approved tentative map, 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 completion. The soils
engineer as part of the grading permit will determine the
extent and depth of soil removal and re- compaction
necessary.
2. Concurrent with submittal of the rough grading plan an
erosion control plan shall be submitted to the City for
review and approval by the City Engineer. Along with these
erosion control measures, hydroseeding and temporary
irrigation shall be provided on all graded slopes within 30
days of completion of grading on those slopes.
3. The applicant shall submit to the City of Moorpark for
review and approval, detailed Soils and Geology Reports
Resolution No. 99 -1666
Page 59
certified by a Registered Civil Engineer in the State of
California. The geotechnical report shall include an
investigation with regard to liquefaction, expansive soils,
and seismic safety. 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.
4. All recommendations included in the geotechnical and
geology reports shall be implemented during project design,
grading, and construction.
Monitoring
Prior to issuance of Permits, the City Engineer will review and
approve plans which incorporate measures which adequately reduce
geotechnical concerns. Inspections will be made at various
stages of the building process to ensure building codes and
engineering conditions have been satisfactorily addressed.
Water Mitigation and Monitoring
Mitigation
Storm Water Runoff and Flood Control Planni
1. The Subdivider /Developer 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.
2. The plans shall depict all on -site and off -site drainage
structures required by the City.
3. The drainage plans and calculations shall demonstrate that
the following conditions will be satisfied before and after
development.
4. 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
Resolution No. 99 -1666
Page 60
be per the current Ventura County Standards except as
follows:
5. All storm drains shall carry a 10 -year frequency storm;
6. All catch basins shall carry a 10 -year storm;
7. 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;
8. All culverts shall carry a 100 -year frequency storm;
9. Drainage facilities shall be provided such that surface
flows are intercepted and contained in an underground storm
drain prior to entering collector or secondary roadways;
10. Under a 10 -year frequency storm, local, residential and
private streets shall have one dry travel lane available on
interior residential streets. Collector street shall have a
minimum of one dry travel lane in each direction.
11. 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 Developer;
12. All drainage grates shall be designed and constructed with
provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer;
13. If the land to be occupied is in an area of special flood
hazard, the Developer shall notify all potential buyers in
writing of this hazard condition. The grading plan shall
also show contours indicating the 50- and 100 -year flood
levels.
14. 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 owner unless otherwise approved by the
City Council.
Resolution No. 99 -1666
Page 61
15. Concrete drainage structures shall be tan colored concrete,
as approved by the Director of Community Development, and
to the extent possible shall incorporate natural structure
and landscape to reduce their visibility.
16. 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.
17. The Subdivider /Developer shall demonstrate for each
building pad within the Tentative Map area that the
following restrictions and protections can be put in place
to the satisfaction of the City Engineer:
18. Adequate protection from a 100 -year frequency storm.
19. Feasible access during a 50 -year frequency storm.
20. Hydrology calculations shall be per current Ventura County
Standards.
21. The Subdivider /Developer shall demonstrate that, upon
occurrence of the failure of the storm drain system at the
intersection of West Street and South Street, the storm
overflow will pass to Arroyo Simi without flooding adjacent
housing.
National Pollutant Discharge Elimination System ( NPDES)
1. Prior to the issuance of any construction /grading permit
and /or the commencement of any clearing, grading or
excavation, the applicant /owner shall submit a Storm Water
Pollution Control Plan ( SWPCP), on the form provided by the
City for the review and approval of the City Engineer.
2. The SWPCP shall be developed and implemented in accordance
with requirements of the Ventura Countywide Storm Water
Quality Management Program, NPDES Permit No. CAS063339.
3. The SWPCP shall identify potential pollutant sources that
may affect the quality of discharges to storm water and
shall include the design and placement of recommended. Best
Management Practices (BMPs) to effectively prohibit the
Resolution No. 99 -1666
Page 62
entry of pollutants from the construction site into the
storm drain system during construction.
4. Prior to the issuance of any construction /grading permit
and /or the commencement of any clearing, grading or
excavation, the applicant /owner shall also submit a Notice
of Intent (NOI) to the California State Water Resources
Control Board, Storm Water Permit Unit in accordance with
the NPDES Construction General Permit (No. CASQ00002):
Waste Discharge Requirements for Discharges of Storm Water
Runoff Associated with Construction Activities). The
applicant /owner shall comply with all additional
requirements of this General Permit including preparation
of a Storm Water Pollution Prevention Plan (SWPPP).
5. The Subdivider /Developer 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." The developer shall
submit a Notice of Intent (NOI) to the City Engineers
office as proof of permit application.
6. Improvement plans shall note that the contractor shall
comply to the "California Storm Water Best Management
Practice Handbooks."
7. The Subdivider /Developer shall also comply with NPDES
objectives as outlined in the "Storm Water Pollution
Control Guidelines for Construction Sites ". This handout is
available at the City Engineer's office and a copy will be
attached to the approved grading permit.
8. Development shall be undertaken in accordance with
conditions and requirements of the Ventura Countrywide
Storm Water Quality Management Program, NPDES Permit No.
CAS063339.
9. The project construction plans shall incorporate Best
Management Practices (BMPs) applicable to the development
for the review and approval of the City Engineer.
10. All on -site storm drain inlets, whether newly constructed
or existing, shall be labeled "Don't Dump - Drains to
Arroyo ".
Resolution No. 99 -1666
Page 63
11. Landscaped areas shall be designed with efficient
irrigation to reduce runoff and promote surface filtration
and minimize the use of fertilizers and pesticides which
can contribute to urban runoff pollution.
12. Parking and associated drive areas with 5 or more spaces
shall be designed to minimize degradation of storm water
quality. Best Management Practices, such as oil /water
separators, sand filters, landscaped areas for
infiltration, basins or approved equals, shall be installed
to intercept and effectively prohibit pollutants from
discharging to the storm drain system. The design must be
submitted to the City Engineer for review and approval
prior to the issuance of a building permit.
13. 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. All materials
required by FEMA for a map revision shall be provided to
the City Engineer's office. This material will demonstrate
the revised 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. If updates to the flood zone have
been made a conditional letter of map revision shall be
provided to the City prior to issuance of a zone clearance
for occupancy of the first residential unit. The Developer
will be responsible for all costs charged by the FEMA and
the City's administrative costs.
14. All structures proposed within the 100 -year flood zone
shall be elevated at least one foot above the 100 -year
flood level.
15. The Developer 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
conceptually 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.
Resolution No. 99 -1666
Page 64
Monitoring
1. All plans will be reviewed and approved by the City
Engineer prior to issuance of building permits for
construction. Periodic inspections will be made during
construction to insure compliance with required conditions
and City standards.
Street Improvements Mitigation
Street Improvement Requirements:
16. The Developer shall submit to the City of Moorpark for
review and approval, street improvement plans prepared by a
Registered Civil Engineer; and shall post sufficient surety
guaranteeing the construction of the improvements. Street
improvements shall not be accepted by the City for
maintenance until completion, unless otherwise determined
by the City Engineer. Parking and wall maintenance shall be
carried out by the Homeowners' Association.
17. Publicly dedicated streets shall conform to the design
requirements of the Ventura County Road Standards (most
recent revision), or as modified per City Resolution.
18. The street improvements shall include concrete vertical
curb and gutter, parkways, street lights, and signing,
striping, interim striping and traffic control, paving, and
any necessary transitions, to the satisfaction of the City
Engineer. All driveway locations shall be approved by the
City Engineer and the Director of Community Development.
The Developer shall dedicate any additional right -of -way
necessary to make all of the required improvements.
19. Prior to the issuance of a Zoning Clearance for
construction for each unit, the applicant shall pay a
Citywide Traffic Mitigation Fee for each of the residential
units, except for the Affordable units which shall be paid
prior to Final Inspection.
Monitoring
1. The City Engineer will review and approve all plans prior
to issuance of building permits. Periodic inspections will
be made at various stages during the building process to
Resolution No. 99 -1666
Page 65
ensure that required conditions and requirements have been
satisfied.
T\Tn1 c-- a
Mitigation
1. The first row of residential structures proposed adjacent
to Los Angeles Avenue shall be constructed with windows,
walls and roofs with an STC rating of 30 or greater. The
applicant's engineer shall certify that this criteria has
been met. A Ten (10) foot sound wall shall be constructed
on the property line adjacent to Los Angeles Avenue.
Monitoring
1. Prior to issuance of a building permit, the applicant's
engineer shall certify that this requirement has been
satisfied.
Transportation and Traffic
1. The entrance at "A" Street shall be designed to include
traffic control devices acceptable to Caltrans and the City
Engineer that prohibit left turn movements onto Los Angeles
Avenue from "A" Street and onto "A" Street from Los Angeles
Avenue.
2. The developer shall submit for review and approval traffic
counts /estimates for stacking of vehicles at the entrance
of "A" Street during peak hours. The Developer shall
justify that the design of the entrance of "A" Street is
adequate for peak hour stacking of vehicles and truck
turning radius movements. The Developer shall submit for
review and approval traffic data to justify the design of
deceleration and acceleration lanes on Los Angeles Avenue.
3. The Developer shall make a special contribution to the City
representing the Developer's pro -rata share of the cost of
improvements at the following intersections:
New Los Angeles Avenue /Spring Road ($165,000)
New Los Angeles Avenue /Moorpark Avenue ($65,000)
Poindexter Avenue /Moorpark Avenue ($120,000)
The actual contribution (pro -rata share) shall be based
upon the additional traffic added to the intersection. The
Resolution No. 99 -1666
Page 66
Developer's traffic engineer
Engineer an estimate of the
calculation of the pro -rata share.
Monitoring
shall provide the City
projected numbers for
Prior to recordation of the final map, the City Engineer will
insure that these requirements have been satisfied.
ID
Resolution No. 99 -1666
Page 67
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that the
foregoing Resolution No. 99 -1666 was adopted by the City Council
of the City of Moorpark at a meeting held on the 6th day of
October, 1999, and that the same was adopted by the following
vote:
AYES: Councilmembers Evans, Rodgers, Wozniak and Mayor
Hunter
NOES: Councilmember Harper
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 17th
day of November, 1999.
� S. if -
Deborah S. Traffen dt, City Clerk
(seal)