HomeMy WebLinkAboutRES CC 2000 1783 2000 1018RESOLUTION NO. 2000 -1783
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, CONDITIONALLY
APPROVING VESTING TENTATIVE TRACT MAP NO.
5204 TO CREATE 37 RESIDENTIAL LOTS, AND
CONDITIONALLY APPROVING RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO. 99 -4 FOR 37
RESIDENTIAL UNITS ON 4.8 ACRES OF LAND ON
THE SOUTH SIDE OF LOS ANGELES AVENUE IN THE
VICINITY OF LIBERTY BELL ROAD ON THE
APPLICATION OF PACIFIC COMMUNITIES
(ASSESSOR'S PARCEL NO. 506 -0- 050 -505)
WHEREAS, at a duly noticed Public Hearing on October 18,
2000, the City Council considered the application filed by
Pacific Communities for approval of Vesting Tentative Tract Map
No. 5204 to subdivide an existing 4.8 acre parcel into 37
residential lots, and Residential Planned Development Permit No.
99 -4 for approval of a Residential Planned Development
consisting of 37 residential dwelling units; and
WHEREAS, at its meeting of October 18, 2000, 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 staff report for the City
Council meeting, and testimony, has made a decision in this
matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby adopts the following
findings:
C.E.Q.A. Findings
1. That the Mitigated Negative Declaration and 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.
Resolution 2000 -1783
Page 2
2. The contents in the Mitigated Negative Declaration and
Initial Study have been considered in the various decisions
on the project.
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 Monitoring Program has been prepared in
compliance with Assembly Bill 3180 and considered in the
various decisions regarding this project.
Subdivision Map Act Findinqs:
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
Plan.
2. That the design and improvements of the proposed
subdivision are consistent with the General Plan.
3. The site is physically suitable for the type of development
proposed.
4. The site is physically suitable for the proposed density of
development.
5. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage.
6. The design of the subdivision and the type of improvements
are not likely to cause serious public health problems.
7. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within
the proposed subdivision.
Resolution 2000 -1783
Page 3
8. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements
under Water Code Section 13000 et seq.
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 hereby finds that the
aforementioned project as conditioned, 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 and Initial Study, and Mitigation Monitoring Program
and determines that the Mitigated Negative Declaration/ Initial
Study for the project is complete and has been prepared in
Resolution 2000 -1783
Page 4
compliance with the California Environmental Quality Act (CEQA),
CEQA Guidelines, and City policy.
SECTION 4. That the City Council conditionally approves
Vesting Tentative Tract Map No. 5204 for 37 residential lots,
and Residential Planned Development Permit No. 99 -4 for 37
dwelling units on the application of Pacific Communities,
subject to compliance with all of the attached 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 18th day of October, 200
ATTEST:
Deborah S. Traffenst , City Clerk
trick Hunter, Mayor
Exhibit A: Conditions of Approval and Mitigation Monitoring
Program
Resolution 2000 -1783
Page 5
CONDITIONS OF APPROVAL FOR
VESTING TENTATIVE
TRACT MAP NO. 5204
(Pacific Communities)
Resolution 2000 -1783
Page 6
CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5204
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS:
1) Application of City Ordinances/ Policies - The conditions of
approval of this Vesting 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.
2) Acceptance of Conditions - 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.
3) Requirement for Affordable Housing Agreement - Approval of
the Residential Planned Development Permit and Vesting
Tentative Tract Map 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 the
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 and Vesting
Tentative Map approval. The affordable housing obligation
shall be six (6) units based on the requirement for fifteen
(15 %) of the approved thirty -seven (37) dwelling units to
be sold to persons/ families at the moderate - income level.
The size of the six (6) affordable dwelling units shall be
no less than seventy -five percent (75 %) of the average size
of the other dwelling units approved by the City for
Residential Planned Development Permit No. 96 -1. The
initial sale of the referenced six (6) dwelling units shall
be subject to the applicable provisions of the Affordable
Housing Implementation and Resale Restriction Plan
referenced in Section 6.10 of the Development Agreement by
and between the City of Moorpark and MP Group, LLC relating
to Corte Bello (RPD 96 -1). The initial sales price,
location of the units, buyer eligibility, resale
restrictions, respective role of the City and the
Resolution 2000 -1783
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Developer, and any other item determined necessary by the
City shall be set forth in the Affordable Housing and
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 occupancy the first residential unit
for the Project, execute an Affordable Housing Agreement
that incorporates the Plan in total and is consistent with
this condition. The Developer shall pay to the City the
amount of five thousand dollars ($5,000) for the City's
cost to prepare the affordable housing plan and agreement
required pursuant to this condition.
4) Expiration of Map - This Vesting Tentative Tract Map shall
expire three (3) years from the date of its approval. The
Director of Community Development may, at his discretion,
grant up to two (2) additional 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 map.
5) Provision for Image Conversion into Optical Format - Prior
to recordation, the builder shall provide to the City, the
Subdivider shall provide to the City an image conversion of
the Final Map and other plans as determined by the
Department of Community Development) into an optical format
acceptable to the City Clerk.
6) Hold Harmless - The subdivider shall defend, indemnify and
hold harmless the City and its agents, officers and
employees from any claim, action or proceeding against the
City or its agents, officers or employees to attack, set
aside, void, or annul any approval by the City or any of
its agencies, departments, commissions, agents, officers,
or employees concerning the subdivision, which claim,
action or proceeding is brought within the time period
provided, therefore in Government Code Section 66499.37.
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,
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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:
a) The City bears its own attorney fees and costs;
b) 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.
7) Title Report - 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.
8) Calleguas Release - Prior to approval of a Final Map, the
subdivider shall demonstrate by possession of a District
Release from the Calleguas Municipal Water District that
arrangements for payment of the Construction Charge,
applicable to the proposed subdivision have been made. The
subdivider shall comply with Ventura County Waterworks
Rules and Regulations, including payment of all applicable
fees.
9) Unconditional Availability Letter - 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. 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
Resolution 2000 -1783
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against damages in the event of the ultimate lack of
adequate water or sewer service.
10) Archaeological or Historical Finds - 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.
11) Cross Connection Control Devices - 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.
12) Surety for Utilities - Prior to approval of a final map,
the subdivider shall post sufficient surety to assure that
all proposed utility lines within and immediately adjacent
to the project site shall be placed underground to the
nearest off -site utility pole. Prior to the issuance of 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 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.
13) Computer Aided Mapping System - 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."
14) Crossing Guard - Prior to approval of the Final Map, the
applicant shall pay an amount to cover the costs associated
Resolution 2000 -1783
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with a crossing guard for five (5) years, at the then
current rate when paid, plus the pro -rata cost of direct
supervision for one (1) crossing guard location and staff's
administrative costs (calculated at fifteen percent (15 %)
of the above costs).
15) Fees In -Lieu of Park Dedication - 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).
16) CC &R Requirement - Covenants, Conditions, and Restrictions
(CC &R's) establishing a Homeowners' Association for Tract
5053 and Tract 5204 (the Homeowners' Association and CC &R's
shall be the same for both Tracts) shall be prepared and
shall identify the maintenance responsibilities of the
Homeowners' Association including, but not limited to, the
following:
17) The CC &R's shall address the maintenance of all streets and
common- shared driveways, all storm drains and channels, the
landscaped entry areas, any slope directly affecting
drainage or street facilities, streetlights on all private
streets, and any dams (collectively "Maintenance Areas ")
owned by the Homeowners' Association. 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
the tract. Prior to approval of the Final Map, an easement
covering the Maintenance Areas shall be irrevocably offered
to the City for maintenance purposes.
a) The CC &R's shall state that the gated access to the
flood control channel shall be locked at all times to
prevent permanent access, unless otherwise authorized
by the City in writing.
b) 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
Resolution 2000 -1783
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highlighted in the copies of the CC &R's submitted for
City review. Prior to sale of any lots, the CC &R's
shall be approved by the State Department of Real
Estate and then recorded.
c) 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.
d) 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.
e) The CC &R's shall include a requirement that any future
residential units constructed in the subdivision shall
comply with Chapter 2 -53 of Part 2 and Chapter 4 -10 of
Part 4, of Title 24 of the California Administrative
Code.
f) The CC &R's shall include a requirement that ultra -low
water consumption plumbing fixtures shall be installed
consistent with City Ordinance. The CC &R's shall also
include a requirement for the following energy saving
devices:
i) Stoves, ovens, and ranges, when gas
fueled, shall not have continuous
burning pilot lights.
ii) All thermostats connected to the main
space heating source shall have night
setback features.
iii) Kitchen ventilation system shall have
automatic dampers to ensure closure
when not in use.
g) A fencing, perimeter, and privacy barrier wall plan
(complete with related landscaping details)
identifying the materials to be used, 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.
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h)
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.
i)
The CC &R's
shall include
language prohibiting use of
wood or asphalt shingles
as roofing materials for
residential
structures.
j)
Single and
multi - family
units shall comply with all
pertinent
Title 24 and
Uniform Building Code
conditions,
regarding
handicapped access and
facilities.
k)
CC &Rs shall
include
language that discourages
excessive
noise generating activities in garages
consistent
with adopted
community noise standards.
Garages shall
not be used
for residential purposes.
1) 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.
18) Outstanding Case Processing Fees - The applicant shall pay
all outstanding case processing (Planning and Engineering),
and all City legal service fees prior to issuance of a
Zoning Clearance. The applicant, permittee, or successors
in interest, shall also submit to the Department of
Community Development, a fee to cover costs incurred by the
City for condition compliance review of the RPD.
19) Assessment District - Developer agrees to cast affirmative
ballots for the formation of an assessment district and
levying of assessments, for the maintenance of parkway
landscaping, street lighting, and if requested by the City
Council, parks for the provision of special benefits
conferred by same, upon properties within the Project.
Developer further agrees to obligate the property owners
association to provide for maintenance of parkway
landscaping and street lighting in the event the
aforementioned assessment district is dissolved or altered
in any way by a ballot election of property owners, or if
the assessment district is invalidated by court action.
20) Citywide Traffic Mitigation Fee - Prior to approval of the
Final Map, the subdivider shall pay City a traffic
Resolution 2000 -1783
Page 13
mitigation fee for each residential lot as described herein
( "Citywide Traffic Fee ") . The Citywide Traffic Fee may be
expended by the City in its sole and unfettered discretion.
On the effective date of the Development Agreement, the
amount of the Citywide Traffic Fee shall be $3,000 per lot.
Commencing January 1, 2001, and annually thereafter, the
Citywide Traffic Fee shall be increased to reflect the
change in the State Highway Bid Price Index for the twelve
(12) month period that is reported in the latest issue of
the Engineering News Record and that is available on
December 31 of the preceding year ( "annual indexing ") . In
the event there is a decrease in the referenced Index for
any annual indexing, the Citywide Traffic Fee shall remain
at its then current amount, until such time as the next
subsequent annual indexing, which results in an increase.
21) Final design and placement of the northern perimeter wall
will be approved by the Director of Community Development.
AIR POLLUTION CONTROL DISTRICT CONDITIONS:
22) All clearing, grading, earth moving, or excavation
activities shall cease during periods of high winds (ie.
greater than 20 miles per hour averaged over one hour) to
prevent excessive amounts of fugitive dust.
23) 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.
24) All unpaved, on -site roads shall be periodically watered or
treated with environmentally safe dust suppressants to
prevent excessive amounts of dust.
25) The area disturbed by clearing, grading, earth moving, or
excavation operations, shall be minimized, to prevent
excessive amounts of fugitive dust.
26) All active portions of the site shall be either
periodically watered or treated with environmentally safe
dust suppressants to prevent excessive amounts of dust.
27) On -site vehicle speeds shall not exceed 15 miles per hour.
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28) Equipment engines shall be maintained in good condition and
in proper tune, as per manufacturer's specifications.
COUNTY OF VENTURA ENVIRONMENTAL HEALTH DIVISION CONDITIONS:
29) Environmental Health Records indicate that the proposed
development may be on, or a part of the formal disposal
site identified as "S.K. Egg City," SWISS #56 -CR -0040. In
accordance with Title 27, Section, 21190° California Code
of Regulations, all proposed post- closure land uses, other
than non - irrigated open space, shall be submitted for
review to the LEA, Regional Water Quality Control Board,
Local Air District, and the Local Land Use Agency. Further,
no remedial action, construction of structures within 1,000
feet of the solid waste disposal site, or removal of solid
waste are to be conducted at this site, until the proposed
post - closure land use is approved by the LEA. Contact Barry
Marczuk at (805) 654 -2859 to discuss the project and
specific State of California post- closure requirements.
VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS (VCFCD):
30) All connections to the Arroyo Simi shall be subject to
review, approval and permitting by the VCFCD. The
development shall limit the discharge to the Arroyo Simi to
a 10 -year flow rate. There shall be no discharge from the
development, to the Shasta Drain. Deed restrictions shall
be placed on the property to ensure maintenance of storm
drainage facilities, discharging to the Arroyo Simi.
31) The development shall be undertaken in accordance with the
conditions and requirements of the Ventura Countywide
Stormwater Quality Management Program, National Pollutant
Discharge Elimination System (NPDES) Permit No. CAS063339.
Any existing or proposed drain connections to VCFCD
jurisdictional facilities will require application of
appropriate Best Management Practices (BMPs), such as;
filters, landscape areas for filtration, and /or basins
installed to treat stormwater runoff, prior to its
discharge to the storm drain system. The project
construction plans shall incorporate the BMPs applicable to
the development for the review and approval of VCFCD.
32) The proposed flood control right -of -way shall be dedicated
in fee to the VCFCD.
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33) Drainage shall be installed along the proposed right -of -way
to collect and direct flow to a single discharge point.
34) A Hydrology and Hydraulic Report is required, to analyze
the impact of the development on the capacity of the Arroyo
Simi. A Channel Stability Study should also be included in
the report. Channel improvements may be required to improve
the Arroyo's existing condition and to mitigate the impact
of the development.
a) An Encroachment Permit is required for any improvement
in the District's right -of -way.
The project is subject to the requirements and the mitigation
measures of the Countywide Stormwater Quality Management
Program. All necessary facilities to treat the entire first
flush, stormwater pollutant load from the site, must be provided
prior to discharge to VCFCD channel.
CITY ENGINEER CONDITIONS:
PRIOR TO FINAL MAP APPROVAL THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
35) Grading - The Subdivider /Developer 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. The Subdivider /Developer shall
enter into an agreement with the City of Moorpark to
complete the improvements and shall post sufficient surety,
guaranteeing completion of all improvements.
36) 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 thirty (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.
37) Requests for rough grading permits will be granted in
accordance with RPD 99 -4 and the approved Tentative Map No.
5204, as required by these conditions and local ordinance.
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38) The Vesting Tentative Map calls for the grading of 5,980
cubic yards of cut, 3,970 cubic yards of fill, and 2,010
cubic yards of export. All export shall go to Tract 5053.
39) The Subdivider /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.
40) Temporary irrigation, hydroseeding or equal measures
acceptable to the City Engineer for erosion and dust
control 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.
41) All development areas and lots shall be designed and graded
so that surface drainage is directed to street frontages,
or natural or improved drainage courses, as approved by the
City Engineer.
42) Geotechnical /Geology Review - The Subdivider /Developer
shall submit to the City of Moorpark for review and
approval, a 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. The Subdivider /Developer shall also
provide a report which discusses the contents of the soils
as to the presence or absence of any hazardous waste or
other contaminants in the soils.
Note: Review of the Geotechnical Engineering Report(s), by
the City's Geotechnical Engineer, shall be required. The
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Subdivider shall reimburse the City for all costs including
the City's administrative fee for this review.
43) 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 Soil 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 soil report(s).
44) Storm Water Runoff and Flood Control Planning - 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.
45) The plans shall depict all on -site and off -site drainage
structures required by the City.
46) The drainage plans and calculations shall demonstrate that
the following conditions will be satisfied before and after
development:
a) Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
locations, detention facilities, and drainage courses.
Hydrology shall be per the current Ventura County
Standards except as follows:
b) All storm drains shall carry a 50 -year frequency
storm;
c) All catch basins shall carry a 50 -year storm;
d) All catch basins in a sump condition shall be sized
such that depth of water at intake shall equal the
depth of the approach flows;
e) All culverts shall carry a 100 -year frequency storm;
f) Drainage facilities shall be provided such that
surface flows are intercepted and contained in an
Resolution 2000 -1783
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underground storm drain prior to entering collector or
secondary roadways;
g) Under a 50 -year frequency storm, local, residential
and private streets shall have one (1) dry travel lane
available on interior residential streets. Collector
streets shall have a minimum of one (1) 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.
47) 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.
48) 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.
49) 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.
50) 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:
Resolution 2000 -1783
Page 19
a) Adequate protection from a 100 -year frequency storm;
and
b) Feasible access during a 50 -year frequency storm.
c) Hydrology calculations shall be per current Ventura
County Standards.
d) The Subdivider shall verify that all lots are located
outside of the proposed floodway boundaries for the
Arroyo -Simi.
51) National Pollutant Discharge Elimination System ( NPDES) -
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 Stormwater
Pollution Control Plan (SWPCP), on the form provided by the
City for the review and approval of the City Engineer.
52) Development shall be undertaken in accordance with
conditions and requirements of the Ventura Countywide
Stormwater Quality Management Program, NPDES Permit No.
CAS063339.
53) The project construction plans shall incorporate Best
Management Practices (BMPs) applicable to the development
for the review and approval of the City Engineer.
54) All on -site storm drain inlets, whether newly constructed
or existing, shall be labeled "Don't Dump - Drains to
Arroyo."
55) 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.
56) Parking and associated drive areas with five (5) or more
spaces shall be designed to minimize degradation of
stormwater 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.
57) City Ordinance No. 100 and the Federal Emergency Management
Agency (FEMA), require updating of the National Flood
Resolution 2000 -1783
Page 20
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
for the City's administrative costs.
58) All structures proposed within the 100 -year flood zone
shall be elevated at least one foot above the 100 -year
flood level.
59) 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. These facilities (if applicable)
must also be acceptable to the Ventura County Flood Control
District.
60) 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 cleaned 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
Resolution 2000 -1783
Page 21
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.
d) All exterior metal building surfaces, including
roofing, shall be coated or 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 and promote
surface filtration and minimize the use of fertilizers
and pesticides which can contribute to urban runoff
pollution.
61) 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 Stormwater
Pollution Control Plan ( SWPCP) on the form provided by the
City, for the review and approval of the City Engineer.
62) The SWPCP shall be developed and implemented in accordance
with requirements of the Ventura Countywide Stormwater
Quality Management Program, NPDES Permit No. CAS063339.
63) 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.
64) Improvement plans shall note that the contractor shall
comply to the "California Storm Water Best Management
Practice Handbooks."
65) 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
Resolution 2000 -1783
Page 22
requirements of this General Permit, including preparation
of a Stormwater Pollution Prevention Plan. (SWPPP)
66) 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 (5) or more acres." The developer
shall submit a Notice of Intent (NOI) to the City Engineers
office as proof of permit application.
67) The Subdivider /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.
68) Development shall be undertaken in accordance with
conditions and requirements of the Ventura Countywide
Stormwater Quality Management Program, NPDES Permit No.
CAS063339.
69) Street Improvement Requirements - The Subdivider /Developer
shall submit to the City of Moorpark for review and
approval, street improvement plans prepared by a Registered
Civil Engineer; shall enter into an agreement with the City
of Moorpark to complete public improvements; and shall post
sufficient surety guaranteeing the construction of all
improvements. Public and private streets shall conform to
the Ventura County Road Standards (most recent version),
unless other requirements are specified in these
conditions.
70) The street right -of -way improvements shall include concrete
curb and gutter, parkways, new street lights, and signing,
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.
71) Liberty Bell Road - The Developer shall improve Liberty
Bell Road along the property frontage. Liberty Bell Road
shall be designed per Ventura County standard plate B -4A.
The half- street right -of -way width shall be thirty four
(34) feet. The half - street pavement width shall be twenty
four (24) feet. The parkway dimension shall be six (6) feet
Resolution 2000 -1783
Page 23
wide adjacent to the curb with a 5 -foot wide sidewalk. All
transitions to the commercial property to the north are to
be approved by the City Engineer.
72) The Developer shall design a turning area at the south -end
of Liberty Bell Road subject to the approval of the
Director of Community Development and City Engineer. The
design shall provide for access to both the City property
and the Ventura County Flood Control Property. No reduction
in the City -owned parking area shall be allowed. Access to
Ventura County Property shall be restricted by a locked
gate, meeting Ventura County Flood Control Standards and
approval.
73) Prior to approval of the Final Map, the subdivider shall
demonstrate to the satisfaction of the City Engineer, that
there is reciprocal access between Tentative Tract 5053 and
Tract 5204.
74) The Developer shall repair all damage caused by their
project and shall slurry seal the full width of Liberty
Bell Road, after all lots have been constructed and after
all street repairs have been completed, as required by and
to the satisfaction of the City Engineer. It shall be the
Developer's responsibility to: (1) record and document all
existing damage to the street; and (2) submit this
documentation to the City Engineer's office, prior to
construction.
75) Trailway Court (private street) shall be designed per
Ventura County Standard Plate B -5B, with the following
exceptions: (a) The total right -of -way width shall be 49
feet; (b) the pavement width shall be 36 feet; (c) the
sidewalk shall be five (5) feet wide and located adjacent
to the curb; (d) the offset cul -de -sac shall be designed to
meet the minimum dimensions of the Ventura County Standard
Plate C -2 or C -3; and (e) the 90° turn shall be designed per
Plate C -4.
76) Arroyo Trails Avenue shall be designed per Ventura County
Standard Plate B -5B, with the following exceptions: (a) The
total right -of -way width shall be 49 feet. The pavement
width shall be 36 feet; and (b) the sidewalk shall be five
(5) feet wide and located adjacent to the curb. The
Developer shall record an irrevocable offer of dedication
for Arroyo Trails Avenue connecting to Liberty Bell Road.
Resolution 2000 -1783
Page 24
77) The subdivider shall dedicate vehicular access rights to
the City of Moorpark along Liberty Bell Road.
78) The Developer shall record a covenant, running with the
land, acknowledging that the interior private street right -
of -way is not per City standard. As such, the street right -
of -way will not be offered to the City until the right -of-
way is brought into compliance with City standards.
Streetlights shall be provided on the improvement plans per
Ventura County Standards and as approved by the City
Engineer. Streetlights shall have cut -off lenses.
79) 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. The
Homeowners' Association shall be responsible for
maintaining streetlights on all private streets.
80) The final design and locations of all barrier walls,
streetscape elements and urban landscaping, are subject to
the approval of the Director of Community Development.
81) In accordance with Business and Professions Code 8771, the
street improvement plans shall, provide for a surveyor's
statement on the plans, certifying that all recorded
monuments in the construction area have been located and
tied out or will be protected in place during construction.
82) Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the Developer at
his expense.
83) The Developer shall submit wall and landscaping plans
showing that provisions have been taken to provide for and
maintain proper sight distances.
84) The Developer shall post sufficient surety, guaranteeing
completion of all improvements which revert to the City
(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. The surety
shall include provisions for all site improvements within
the development and other off -site improvements required by
the conditions as described herein.
85) The Developer shall demonstrate legal access to all lots to
the satisfaction of the City Engineer.
Resolution 2000 -1783
Page 25
86) The Developer shall pay the Los Angeles Avenue Area of
Contribution (AOC) Fee. The AOC fee shall be the dollar
amount in effect at the time of payment. If previous
payment of this contribution can be demonstrated, to the
City's satisfaction upon concurrence of the City Manager,
the developer will not have to pay the AOC fee.
87) Any special street intersection treatments shall be
approved by the City Engineer and the Director of Community
Development.
88) The Applicant shall make a special contribution to the
City, representing the developers pro -rata share of the
cost of improvements at the following intersections:
a) Los Angeles Avenue /Gabbert Road ($90,000); and
b) Los Angeles Avenue /Moorpark Avenue ($150,000).
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 a "Fair Share Analysis" of the projects "added
traffic" for calculation of the pro -rata ( "fair share ")
amount.
89) Utilities, facilities and services for Tract 5204 will be
extended and /or constructed in conjunction with its phased
development by the developer as the project proceeds.
90) The developer will be responsible for the construction of
all onsite and offsite sanitary sewer facilities to serve
the project. The developer shall enter into an agreement
with Ventura County Waterworks (V.C.W.W.) District No. 1 to
construct the improvements and the system will be dedicated
to V.C.W.W. District No. 1 for maintenance.
91) Prior to recordation of a final map, the City, Calleguas
Municipal Waterworks District and V.C.W.W. District No. 1
shall approve final plans for water distribution. Either
the subdivider shall construct the required distribution
facilities or enter into an agreement with the Calleguas
Municipal Water District and /or Ventura County Waterworks
District No. 1 stating when and how facilities will be
funded and constructed. The system will be designed and
constructed to meet the requirements of the proposed land
uses and applicable City, Calleguas and V.C.W.W. District
No. 1 standards.
Resolution 2000 -1783
Page 26
92) Other Utilities: Provisions for electrical, natural gas,
telephone, solid waste collection services, and cable
television, shall be made prior to development of the
project area. All services can be extended by each
respective company to meet future demands of the tract.
Natural gas service will be provided by Southern California
Gas. Electric service will be provided by Southern
California Edison. Telephone service will be provided by
Pacific Bell. Solid waste collection will be provided by
private companies as regulated by the City. These services
will be provided consistent with development of the project
area.
93) All existing and proposed utilities shall be placed
underground as approved by the City Engineer.
94) Acquisition of Easements and right -of -way. If any of the
improvements which the Developer is required to construct
or install, are 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 sixty (60) days prior to the filing
of any Phase of the Final Map for approval pursuant to
Governmental Code Section 66457:
a) Notify the City of Moorpark (hereinafter referred to as
"City ") 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) Upon written direction of the City, 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 2000 -1783
Page 27
attorney's fees and overhead expenses) of acquiring
such an interest in the land.
95) The Developer shall offer to dedicate to the City of
Moorpark, public service easements as required by the City.
Where gated access is provided, the applicant shall provide
a means for immediate access of fire and police emergency
vehicles.
96) The applicant shall make an irrevocable offer of dedication
of all easements over all private streets shown on the
Vesting Tentative Map for the purpose of providing access
to: a) all governmental agencies that provide public
safety, health and welfare services or that enforce laws
and ordinances; and, b) all members of the public who
reasonably need to be vacated over the private streets
because of a "state of emergency" declared by a
representative of the City or of the Ventura County Fire
Protection District.
97) Prior to submittal of the Final Map to the City, for review
and prior to approval, the Developer shall transmit by
certified mail, a copy of the conditionally approved
Tentative Map, together with a copy of Section 66436 of the
State Subdivision Map Act, to each public entity or public
utility that is an easement holder of record. Written
compliance shall be submitted to the City of Moorpark.
98) Prior to the issuance of a grading permit, all conditions
required to be completed prior to Final Map Approval shall
be complied with.
99) All structures and walls require Community Development
Department approval.
100) During grading, the following conditions shall apply:
a) Grading may occur during the rainy season from October
15 to April 15, subject to installation of debris and
erosion control facilities. Erosion control measures
shall be in place and functional between October 15th
and April 15th.
b) Prior to any work being conducted within the State,
County, or City right -of -way, the Developer shall
obtain all necessary encroachment permits from the
appropriate Agencies.
Resolution 2000 -1783
Page 28
101) During clearing, grading, earth moving, or excavation
operations, dust emissions should be controlled by regular
watering with reclaimed water, if available, paving
construction roads and other dust prevention measures. The
Developer shall submit a Dust Control Plan, acceptable to
the City, concurrently with submittal of the rough (as
opposed to the fine) Grading Plan. This plan shall include,
but is not be limited to, the following measures:
a) 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 Dust Control Plan shall indicate the
number of water trucks which will be available for
dust control at each phase of grading.
b) Cease all clearing, grading, earth moving, or
excavation operations, during periods of high winds
(greater than 15 m.p.h. averaged over one (1) hour) .
The contractor shall maintain contact with the Air
Pollution Control District (APCD) Meteorologist for
current information about average wind speeds.
c) Water or securely cover all material transported off -
site and on -site to prevent excessive amounts of dust.
d) Minimize the area disturbed at any one time by
clearing, grading, earth moving and excavation, so as
to prevent excessive amounts of dust.
e) Keep all grading and construction equipment on or near
the site, until these activities are completed.
f) Face masks 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.
g) The area disturbed by clearing, grading, earth moving,
or excavation operations shall be minimized to prevent
excessive dust generation.
h) Wash off heavy -duty construction vehicles before they
leave the site.
Resolution 2000 -1783
Page 29
i) After clearing, grading, earth moving, or excavation
operations, and during construction activities,
fugitive dust emissions should be controlled using the
following procedures:
1) 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.
2) Periodically 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.
3) All diesel engines used in construction equipment
should use high pressure injectors and reformulated
diesel fuel.
102) 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.
103) 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.
104) 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 be approved by
the City Engineer.
105) The Subdivider /Developer shall ensure that construction
equipment is fitted with modern sound - reduction equipment.
Resolution 2000 -1783
Page 30
106) Equipment not in use for more than ten (10) minutes should
be turned off.
107) 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.
108) The Subdivider /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.
109) Equipment engines shall be maintained in good condition and
in proper tune as set forth in manufacturers'
specifications.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
110) Reproducible centerline tie sheets shall be submitted to
the City Engineer's office.
111) The Subdivider /Developer shall file for a time extension
with the City Engineer's office, at least six (6) weeks in
advance of expiration of the agreement, to construct
subdivision improvements. The fees required will be in
conformance with the applicable ordinance section.
112) All surety guaranteeing the public improvements shall
remain in place for one (1) year following acceptance by
the City. Any surety that is in effect three (3) years
after final map approval or issuance of the first building
permit shall be increased an amount, equal to or greater
than, he 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.
113) Original "as built" plans will be certified by the
Developer's Civil Engineer and submitted with two (2) sets
of blue prints to the City Engineer's office. Although
grading plans may have been submitted for checking and
Resolution 2000 -1783
Page 31
construction, on sheets larger than 22" X 3611, they must be
resubmitted as "as built" in a series of 22" X 36" mylars
(made with proper overlaps) and with a title block on each
sheet. Submission of "as built" plans are required before a
final inspection will be scheduled.
FIRE DEPARTMENT CONDITIONS:
114) Private Driveways, serving up to two (2) structures, shall
be constructed 15 feet wide and able to support a 20 -ton
Fire District vehicle. A width of 20 feet shall be provided
on an access road, serving three (3) or more structures.
115) 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.
116) 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.
117) Access roads shall not exceed 15% grade.
118) Approved turnaround areas
provided where the access
from the main thoroughfare.
for fire apparatus shall be
road is 150 feet, or farther,
119) When only one access point is provided, the maximum length
of such access shall not exceed 800 feet.
120) Two (2) points of ingress /egress shall be provided to the
development, in accordance with Fire District Private Road
Guidelines.
121) 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 for
review and approval, prior to combustible construction.
122) Gates for Controlled Access - Gates used to control
vehicular access shall be designed, as required by the Fire
Department Gate Guidelines. Design criteria includes:
stacking method of gate control; clear widths; and, knox
box systems for secured gates. Gate plan details shall be
submitted to the Fire Prevention Division for review and
approval, prior to map recordation.
Resolution 2000 -1783
Page 32
123) Prior to recordation of street names, proposed names shall
be submitted to the Fire District's Communications Center;
165 Durley Avenue; Camarillo, CA. for review and approval.
124) All driveways shall have a minimum vertical clearance of 13
feet 6 inches.
125) 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.
126) Prior to construction, the applicant shall submit plans to
the Fire District for approval, of the location of the
hydrants. On these plans, show existing hydrants within 500
feet of the development.
127) 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.
128) Each hydrant shall be a 6 -inch wet barrel design and shall
have one (1) 4 -inch and one (1) 2 1/2" inch outlet(s).
129) The required fire flow shall be achieved at, no- less -than
20 psi residual pressure.
130) Fire hydrants shall be spaced 500 feet on center and so
located that no structure will be farther than 250 feet
from any one hydrant.
131) Fire hydrants shall be set back in, from the curb face, 24
inches on center.
132) 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.
133) Address numbers, a minimum of four (4) inches high, shall
be installed prior to occupancy, shall be of contrasting
color to the background, and shall be readily visible at
night. Where structures are set back more than 150 feet
from the street, larger numbers will be required so that
they are distinguishable from the street. In the event the
structure(s) is /are not visible from the street, the
address number(s) shall be posted adjacent to the driveway
entrance. Brass and /or gold letters shall not be used.
Resolution 2000 -1783
Page 33
134) 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.
135) Any structure greater than 5,000 square feet in area and /or
five (5) miles from a fire station, shall be provided with
an automatic fire sprinkler system in accordance with
Ventura County Fire Protection Ordinance.
136) Grass and Brush Removal - All grass or brush, exposing any
structure(s) to fire hazards, shall be cleared for a
distance of 100 feet prior to framing, according to the
Ventura County Fire Protection Ordinance.
137) Spark Arrestor - An approved spark arrestor shall be
installed on the chimney of any structure(s).
138) VCFD Form No. 126 - Applicant shall obtain VCFD Form No.
126 "Requirements For Construction" prior to obtaining a
building permit for any new structures or additions to
existing structures.
WATERWORKS DISTRICT NO. 1 CONDITIONS:
139) Applicant shall be required to comply with the Ventura
County Waterworks District No. 1 Rules and Regulations,
including all provisions of or relating to the existing
Industrial Waste Discharge Requirements, and subsequent
additions or revisions thereto, and pay applicable fees.
Any requirements by Ventura County Fire Protection
District, greater than the District's existing facilities,
are the responsibility of the applicant.
Resolution 2000 -1783
Page 34
CONDITIONS OF APPROVAL FOR
RESIDENTIAL PLANNED DEVELOPMENT
PERMIT NO. 99 -4
(Pacific Communities)
Resolution 2000 -1783
Page 35
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS:
APPROVAL OF RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 99 -4
SUBJECT TO COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GENERAL REQUIREMENTS:
140) Permitted Uses - 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.
141) Use Inauguration - 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 two (2) 1 -year extensions for
project inauguration, if there have been no changes in the
adjacent areas, if applicant can document that he has
diligently worked towards inauguration of the project
during the initial 2 -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 thirty (30) days, prior to the
expiration date of the permit.
142) Modification to Permit - 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.
143) Other Regulations - Except as provided for within these
conditions, 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
Resolution 2000 -1783
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authorities, and all such requirements and enactments
shall, by reference, become conditions of this permit.
144) Graffiti Removal - 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.
145) Access Rights - Prior to issuance of a Zoning Clearance for
construction, the applicant shall dedicate all access
rights over any access easements on private streets, within
the site, in order to provide access for all governmental
agencies providing the public safety, health and welfare
services.
146) Phasing - 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.
147) Effect of Conditions - 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.
148) Severability - 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.
149) Permittee Defense Costs - 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.
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150) Acceptance of Conditions - The permittee's acceptance of
this permit and /or commencement of construction and /or
operations under this permit shall be deemed to be
acceptance of all conditions of this permit.
151) Surety for Utilities - Prior to approval of a final map,
the subdivider shall post sufficient surety to assure that
all proposed utility lines, within and immediately adjacent
to the project site, shall be placed underground to the
nearest off -site utility pole. Prior to the issuance of an
occupancy permit for the last house in the tract, all
existing utilities shall also be underground to the nearest
off -site utility pole, with the exception of 66 KVA or
larger power lines. This requirement for undergrounding
includes all above - ground 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.
152) Rain Gutters and Downspouts - Rain gutters and downspouts
shall be provided on all sides of the structure, for all
units, where there is a directional roof flow. Water shall
be conveyed to the street or driveways in non - corrosive
devices as determined by the City Engineer.
153) Roof Mounted Equipment - No roof mounted equipment (other
than required vents) shall be permitted. Exceptions to this
limitation must be approved by the Director of Community
Development.
154) Exterior Lighting - 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.
155) Energy Saving Devices - That all residential units shall be
constructed, employing energy saving devices. These devices
are to include but are not limited to, the following:
a) Ultra low flush toilets (to not exceed 1.6 gallons);
b) Low water use shower controllers as required by Title
24 of the Uniform Building Code shall be placed on all
shower facilities;
c) Natural gas fueled stoves, ovens and ranges shall not
have continuous burning pilot lights;
Resolution 2000 -1783
Page 38
d) All thermostats connected to the main space heating
source shall have night setback 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.
156) Sound Attenuation - Prior to issuance of a Zoning Clearance
for construction, the Noise Study prepared by RKJK &
Associates shall be updated. All residential units fronting
along the commercial property on the north (Lot Nos. 8 -14)
shall have sound attenuating glass on all second story
windows facing the commercial property. In addition, other
noise attenuation including, but not limited to a
mechanical ventilation system to permit "windows closed"
condition" as specified in the Noise Study prepared by RKJK
& Associates shall be incorporated into the design of the
residential units.
157) Maintenance of Permit Area - 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.
158) Archaeological or Historical Finds - 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.
159) Prior to issuance of a grading permit, 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
application shall state the number of cubic yards and
location of the borrow site. The City shall approve the
haul routes.
Resolution 2000 -1783
Page 39
160) Assessment District - Developer agrees to cast affirmative
ballots for the formation of an assessment district and
levying of assessments, for the maintenance of parkway
landscaping, street lighting, and if requested by the City
Council, parks for the provision of special benefits
conferred by same, upon properties within the Project.
Developer further agrees to obligate the property owners
association to provide for maintenance of parkway
landscaping and street lighting in the event the
aforementioned assessment district is dissolved or altered
in any way by a ballot election of property owners, or if
the assessment district is invalidated by court action.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
161) Citywide Traffic Mitigation Fee - As a condition of the
issuance of a building permit for each residential unit,
Developer shall pay City a traffic mitigation fee as
described herein ( "Citywide Traffic Fee"). The Citywide
Traffic Fee may be expended by the City in its sole and
unfettered discretion. On the effective date of the
Development Agreement, the amount of the Citywide Traffic
Fee shall be $3,000 per dwelling unit. Commencing January
1, 2001, and annually thereafter, the Citywide Traffic Fee
shall be increased to reflect the change in the State
Highway Bid Price Index for the twelve (12) month period
that is reported in the latest issue of the Engineering
News Record and that is available on December 31 of the
preceding year ( "annual indexing "). In the event there is a
decrease in the referenced Index for any annual indexing,
the Citywide Traffic Fee shall remain at its then current
amount, until such time as the next subsequent annual
indexing, which results in an increase.
162) As a condition of issuance of building permit for each
dwelling unit within the boundaries of the Property,
Developer shall pay City a development fee as described
herein (the "Development Fee "). The Development Fee may be
expended by City in its sole and unfettered discretion. On
the Operation date of this permit, the amount of the
Development Fee shall be two thousand six hundred fifty
($2,650). The fee shall be adjusted annually (commencing
one (1) year after the first residential building permit is
issued within the Project) by any increase in the Consumer
Resolution 2000 -1783
Page 40
Price Index (CPI) until all fees are paid. 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 during the
prior year. The calculation shall be made using the month
which is four (4) months prior to the month in which the
project is approved by the City Council (e.g., if approval
occurs in June, then the month of February is used to
calculate the increase).
163) Requirement for Affordable Housing Agreement - Approval of
the Residential Planned Development Permit and Vesting
Tentative Tract Map 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 the
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 and Vesting
Tentative Map approval. The affordable housing obligation
shall be six (6) units based on the requirement for fifteen
(15 %) of the approved thirty -seven (37) dwelling units to
be sold to persons /families at the moderate - income level.
The size of the six (6) affordable dwelling units shall be
no less than seventy -five percent (75 %) of the average size
of the other dwelling units approved by the City for
Residential Planned Development Permit No. 96 -1. The
initial sale of the referenced six (6) dwelling units shall
be subject to the applicable provisions of the Affordable
Housing Implementation and Resale Restriction Plan
referenced in Section 6.10 of the Development Agreement by
and between the City of Moorpark and MP Group, LLC relating
to Corte Bello (RPD 96 -1). 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 and
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 occupancy the first residential unit
for the Project, execute an Affordable Housing Agreement
Resolution 2000 -1783
Page 41
that incorporates the Plan in total and is consistent with
this condition. The Developer shall pay to the City the
amount of five thousand dollars ($5,000) for the City's
cost to prepare the affordable housing plan and agreement
required pursuant to this condition.
164) Submittal of Landscape Plans - 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:
a) Three (3) 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.
165) 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
Resolution 2000 -1783
Page 42
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.
166) The following notes shall be included on the plans and
shall be project conditions:
a) All plant material shall conform to the current issue
of the American Standard for Nursery Stock, published
by the American Association of Nurserymen.
b) 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.
c) Prior to final inspection by the City of Moorpark, the
applicant shall provide a written certification for
the operation of the backflow device.
167) Unless otherwise approved, all open parking areas shall
have fifty percent (50 %) canopy coverage by broadleaf
canopy shade trees. Shade coverage is defined as the
maximum canopy area created by a tree at fifty percent
(50 %) maturity.
168) The planting plan shall indicate the proposed locations of
light standards. The lighting and tree locations shall be
designed to avoid conflicts.
169) All backflow preventers, transformers, and other above -
grade utilities, shall be appropriately screened with walls
and /or plantings.
170) The planting and irrigation design shall comply with the
State of California, Model Water Efficient Landscape
Ordinance.
171) 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.
172) Subsequent to occupancy, the landscaping shall be
maintained in accordance with the approved Maintenance
Plan.
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173) The landscape plan shall include planting and irrigation
specifications for manufactured slopes and all common
areas.
174) A hedge, low wall, or mounding, shall be constructed around
the perimeter of the parking area to provide screening of
the parking area from the surrounding streets.
175) In the area of future buildings not under construction,
turf and irrigation shall be installed.
176) The final landscape plans shall include landscaping
specifications, planting details, and design
specifications, consistent with the following requirements:
a) The landscape plan shall include the final design of
all sidewalks, barrier walls, streetscape elements,
urban landscaping and pedestrian paths within the
project limits.
b) All plant species utilized shall not exceed the
Irrigation Water Allowance, as discussed in the State
Model Water Efficient Landscape Ordinance.
C) Landscaping at site entrances, 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.
d) Plantings in and adjacent to parking areas shall be
contained within raised planters, surrounded by six -
inch high concrete curbs.
e) Landscaping shall be designed so as to not obstruct
the view of any exterior door or window from the
street.
f) Earthen berms and /or low walls shall be provided to
screen views of parked vehicles from access roads.
g) 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.
h) A coordinated tree planting program shall be developed
which will provide a dominant theme tree within the
components of the proposed development.
Resolution 2000 -1783
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i) 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.
j) Exotic plants
original plant
Pampus Grass,
be used.
k) The applicant
areas for the
available.
which are known to spread beyond their
sings and invade native habitats such as
Spanish Broom, and Tamarisk, shall not
shall install purple pipe in all common
purpose of using reclaimed water, when
1) Additional landscaping shall be added to the site to
compensate for the dollar value loss of the existing
trees to be removed from the site.
177) Prior to an issuance of a Zoning Clearance for
construction, a wall plan (complete with related
landscaping details) identifying the materials to be used,
proposed wall heights and locations shall be submitted to
and approved by the Director of Community Development. All
fencing and barrier walls along lot boundaries shall be in
place prior to occupancy.
178) Construction Access Plan - The applicant shall submit a
Construction Access Plan to the Department of Community
Development for review and approval by the Director of
Community Development.
179) Zoning Clearance - Prior to submittal of construction
plans, for plan check or initiation of any construction
activity, a Zoning Clearance shall be obtained from the
Department of Community Development. If an applicant
desires, construction plans may be submitted to the
Building and Safety Department, with a City approved "Hold
Harmless Agreement." A Zoning Clearance shall be obtained
prior to initiation of any grading or construction
activity. If the applicant desires, grading may be
initiated upon obtaining a grading permit and providing a
City approved "Hold Harmless Agreement ".
Resolution 2000 -1783
Page 45
180) Submittal of Construction Drawings - 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.
181) Revisions to Plans - 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.
182) An eight- (8) foot high noise attenuation wall, with the
wall design, color and materials to be approved by the
Director of Community Development, shall be constructed
along the northern property line of the project, adjacent
to the commercially zoned property. The mortar shall match
the color of the wall and the wall design shall include
pilasters and caps as determined by the Director of
Community Development.
Final design and placement of the northern perimeter wall
will be approved by the Director of Community Development.
183) All driveways to the residential units shall have a minimum
of twenty (20) feet long aprons.
184) Trees - Any removal of trees and the method of tree
replacement shall be approved, by the Director of Community
Development, as part of the landscape plan submitted by the
applicant.
185) Outstanding Case Processing Fees - The applicant shall pay
all outstanding case processing (Planning and Engineering),
and all City legal service fees prior to issuance of a
Zoning Clearance. The applicant, permittee, or successors
in interest, shall also submit to the Department of
Community Development, a fee to cover costs incurred by the
City for condition compliance review of the RPD.
Resolution 2000 -1783
Page 46
186) Traffic System Management Contribution - 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.
187) Vector Control Plan - Prior to the issuance of a Zoning
Clearance for construction, the applicant shall obtain
approval of a Vector Control Plan from the City.
188) Performance Bond - 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, or other landscape
improvements not related to grading, private recreational
facilities, etc. Said on -site improvements shall be
completed within sixty (60) days of issuance of a
Certificate of Occupancy within each phase of development.
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 (1) 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.
189) Vents and Metal Flashing - All roof vents and metal
flashing shall be painted to match the roof color. All deck
drains shall drain to the side and not face the private
street.
190) Locked Gated Access to Flood Control Channel - The
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.
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191) Garage Size - Individual garages shall be a minimum, inside
dimensions of 20 feet in length and 20 feet in width, with
a minimum interior height of 8 feet.
192) Adjacent Property Walls and Fences - All property line
garden walls or wrought iron fences shall be no further
than one (1) inch from the property line.
193) Provision for Image Conversion of Plans into Optical Format
- 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.
194) Cable Service - 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.
195) Color of Exterior Building Materials - All exterior
building materials and paint colors shall be those that
were approved, per the exhibits, to the Department of
Community Development.
196) Asbestos - No asbestos pipe or construction materials shall
be used.
197) Public Nuisance - 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, in obtaining
compliance with the conditions of approval, or applicable
codes. If the applicant fails to pay all City costs related
to this action, the City may enact special assessment
proceedings against the parcel of land upon which the
nuisance existed (Municipal Code Section 1.12.080).
Resolution 2000 -1783
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PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
198) Will Serve Letter - An "Unconditional Will Serve Letter"
for water and sewer service shall be obtained from the
Ventura County Waterworks District No. 1.
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
199) Completion of Front Yard Landscaping- Front yard
landscaping shall be completed for each lot prior to its
occupancy.
200) Payment of Fee for Crossing Guard - Prior to the issuance
of the first occupancy, applicant shall pay an amount to
cover the costs associated with a crossing guard for five
(5) years at the then current rate when paid, plus the pro -
rata cost of direct supervision for one (1) crossing guard
location and staff's administrative costs (calculated at
fifteen percent (15 %) of the above costs).
201) Enforcement of Vehicle Codes - 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.
202) Acceptance of On -Site Improvements - 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 (1)
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 2000 -1783
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203) All related perimeter and garden walls shall be constructed
prior to the issuance of a Zoning Clearance for occupancy.
204) A six (6) foot high perimeter wall and fence shall be
constructed along the Arroyo Simi. The bottom three (3)
feet shall be constructed of slumpstone, or other material
and color as determined by the Director of Community
Development, with integral color mortar, and the top three
(3) feet shall be wrought iron. Walls shall have pilasters
and caps as determined by the Director of Community
Development.
CITY ENGINEER CONDITIONS:
205) Prior to the issuance of a building permit, the applicant
shall have recorded Tract Map 5204. The Conditions of
Approval for Tentative Tract Map 5204 shall apply to
Residential Planned Development Permit No. 99 -4.
206) 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 ZONING CLEARANCE FOR OCCUPANCY, THE
FOLLOWING CONDITIONS SHALL BE SATISFIED:
207) A copy of the recorded map(s) shall be forwarded to the
City Engineer for filing.
208) A final grading certification shall be submitted to and
approved by the City Engineer.
209) All existing and proposed utilities shall be placed
underground, as approved by the City Engineer. The four (4)
power poles along the Liberty Bell Road frontage, shall be
removed prior to issuance of a Certificate of Occupancy.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
210) Reproducible centerline tie sheets shall be submitted to
the City Engineer's office.
211) The Subdivider /Developer shall file for a time extension
with the City Engineer's office, at least six (6) weeks in
advance of expiration of the agreement, to construct
subdivision improvements. The fees required will be in
conformance with the applicable ordinance section.
Resolution 2000 -1783
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212) All surety guaranteeing the public improvements shall
remain in place for one (1) year following acceptance by
the City. Any surety that is in effect three (3) 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.
213) Original "as built" plans will be certified by the
Developer's Civil Engineer and submitted with two (2) 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 "as built" 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.
WATERWORKS DISTRICT NO. 1 CONDITIONS:
214) Developer may be required to loop the water lines to
provide for an alternate source of water supply as the
proposed site currently has one -way feed for the water
supply.
215) Water and sewer improvement plans shall be prepared in
accordance with district standards. Sample format is
available at the Water District upon request. Submit three
(3) sets of plans.
216) The following items shall be provided:
a) Hydraulic analyses by a registered Civil Engineer to
determine the adequacy of the proposed and existing
water lines, water storage facilities and sewer lines.
b) Copy of the approval by the County of Ventura Fire
Protection District, on the location of the fire
hydrants.
c) Sealed copy of "Memorandum of Understanding" and
"Proof of Payment of the Capital Construction Charge"
from Calleguas Municipal Water District.
d) Cost estimate for water and sewer improvements.
e) Grading, drainage and street improvement plans.
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f) Tract Map showing water and sewer easements, dedicated
to the District.
217) Signed "Contract to Install," and Surety Bond.
218) The applicant shall comply with the applicable provisions
of the District Rules and Regulations.
FIRE DEPARTMENT CONDITION
219) The Conditions of Approval for Tentative Tract Map No. 5204
shall apply to Residential Planned Development Permit No.
99 -4.
MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS:
220) Applicant shall pay the current developer fee as determined
by the Moorpark Unified School District.
221) The applicant shall establish a safe student /pedestrian
thoroughfare.
AIR POLLUTION CONTROL DISTRICT CONDITIONS:
222) All clearing, grading, earth moving, or excavation
activities shall cease during periods of high winds (ie.
greater than 20 miles per hour averaged over one hour) to
prevent excessive amounts of fugitive dust.
223) 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.
224) All unpaved, on -site roads shall be periodically watered or
treated with environmentally safe dust suppressants to
prevent excessive amounts of dust.
225) The area disturbed by clearing, grading, earth moving, or
excavation operations, shall be minimized, to prevent
excessive amounts of fugitive dust.
226) All active portions of the site shall be either
periodically watered or treated with environmentally safe
dust suppressants to prevent excessive amounts of dust.
227) On -site vehicle speeds shall not exceed 15 miles per hour.
228) Equipment engines shall be maintained in good condition and
in proper tune, as per manufacturers specifications.
Resolution 2000 -1783
Page 52
VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS (VCFCD):
229) All connections to the Arroyo Simi shall be subject to
review, approval and permitting by the VCFCD. The
development shall limit the discharge to the Arroyo Simi to
a 10 -year flow rate. There shall be no discharge from the
development, to the Shasta Drain. Deed restrictions shall
be placed on the property to ensure maintenance of storm
drainage facilities, discharging to the Arroyo Simi.
230) The development shall be undertaken in accordance with the
conditions and requirements of the Ventura Countywide
Stormwater Quality Management Program, National Pollutant
Discharge Elimination System (NPDES) Permit No. CAS063339.
Any existing or proposed drain connections to VCFCD
jurisdictional facilities will require application of
appropriate Best Management Practices (BMPs), such as;
filters, landscape areas for filtration, and /or basins
installed to treat stormwater runoff, prior to its
discharge to the storm drain system. The project
construction plans shall incorporate the BMPs applicable to
the development for the review and approval of VCFCD.
231) The proposed flood control right -of -way shall be dedicated
in fee to the VCFCD.
232) Drainage shall be installed along the proposed right -of -way
to collect and direct flow to a single discharge point.
233) A Hydrology and Hydraulic Report is required, to analyze
the impact of the development on the capacity of the Arroyo
Simi. A Channel Stability Study should also be included in
the report. Channel improvements may be required to improve
the Arroyo's existing condition and to mitigate the impact
of the development.
a) An Encroachment Permit is required for any improvement
in the District's right -of -way.
b) The project is subject to the requirements and the
mitigation measures of the Countywide Stormwater
Quality Management Program. All necessary facilities
to treat the entire first flush, stormwater pollutant
load from the site, must be provided prior to
discharge to VCFCD channel.
Resolution 2000 -1783
Page 53
COUNTY OF VENTURA ENVIRONMENTAL HEALTH DIVISION CONDITIONS:
234) Prior to issuance of a Building Permit to the recreation
area of the project, the applicant shall obtain plan check
approval of the swimming pool from the County of Ventura
Environmental Health Division.
235) Environmental Health Records indicate that the proposed
development may be on, or a part of the formal disposal
site identified as "S.K. Egg City," SWISS 456 -CR -0040. In
accordance with Title 27, Section, 21190° California Code
of Regulations, all proposed post - closure land uses, other
than non - irrigated open space, shall be submitted for
review to the LEA, Regional Water Quality Control Board,
Local Air District, and the Local Land Use Agency. Further,
no remedial action, construction of structures within 1,000
feet of the solid waste disposal site, or removal of solid
waste are to be conducted at this site, until the proposed
post- closure land use is approved by the LEA. Contact Barry
Marczuk at (805) 654 -2859 to discuss the project and
specific State of California post- closure requirements.
MITIGATION MONITORING PROGRAM FOR RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO. 99 -4 AND TENTATIVE TRACT MAP NO. 5204
Geologic Mitigation
Mitigation Measures:
1. Prior to issuance of a grading permit, a geotechnical
soils engineer shall determine the extent and depth of
soil removal and re- compaction that is necessary to be
shown upon the grading plan. The grading plan shall
reflect the areas of questionable stability and
provide physical correction consistent with the
geotechnical findings on file with the City of
Moorpark Community Development Department.
2. Drainage, grading, compaction, foundation and footing
specifications and improvements shall be verified and
approved by the City Engineer prior to issuance of any
building permits for the project to address required
mitigation of geotechnical issues identified for the
site.
Resolution 2000 -1783
Page 54
3. The recommendations contained within geotechnical
study shall apply to all development upon the parcels
or lots created by Tract 5204.
4. All water wells, cisterns or cesspools encountered
during grading operations shall be terminated, capped,
and or abandoned consistent with best management
practices for these uses. The applicants soils
engineer shall be responsible to ensure that
appropriate actions subject to direction of the local
agency having jurisdiction over such use is completed
and documentation provided to the Community
Development Department.
Monitoring
The City Engineer will assure that the recommendations in the
reports are adhered to prior to the issuance of a grading
permit.
Hydrology Mitigation
Mitigation Measures:
1. Prior to submittal of a final tract map, the applicant
shall design and receive approval by the City Engineer
and the Ventura County Flood Control District, for a
Stormwater Quality Management Plan for the project
site. The Stormwater Management Plan shall incorporate
the following mitigation measures as a minimum to
control runoff quality into the Arroyo Simi:
a. A Stormwater Pollution Prevention Plan meeting
State NPDES standards.
b. Mitigation measures prescribed by the Ventura
County 208 Water Quality Management Plan.
C. Federal EPA /NOAA guidance measures for coastal
nonpoint source pollution, as applicable.
d. Applicable measures from the State Municipal Best
Management Practices Manual (BMPs).
e. Flood control facilities sensitive to surface
water quality management issues.
Resolution 2000 -1783
Page 55
2. Design, construction and maintenance of on -site flood
control and storm water systems not dedicated as a
portion of the municipal or county district
facilities.
Monitoring
The City Engineer prior to the issuance of building permits will
review plans to ensure they comply with applicable State
Municipal Best Management Practices.
Air Quality Mitigation
1. Prior to issuance
construction of the
shall pay an in -lieu
impacts generated by
designated by any Ci
developments.
of a Zoning Clearance for
residential units, the applicant
fee for mitigation of air quality
the project. The fee shall be as
ty policy or precedent for similar
2. The applicant shall ensure that fixed source
contributors to air impacts such as structures,
heating equipment for project recreational pools or
spas, and mechanical equipment venting provides the
maximum reduction in expulsion of pollutants.
3. The applicant shall submit a dust control plan for the
site acceptable to the City concurrent with any
preliminary (rough) grading plan. The dust control
plan shall address the method and frequency for the
reduction of dust nuisances to adjoining property and
shall include the periodic sweeping of public streets
affected by the earth movement and construction phases
of the project.
Monitoring
Prior to issuance of a Zoning Clearance for construction, the
Department of Community Development will collect a contribution
for Transportation System Management. The City Engineer will
review and approve a dust control plan prior to commencement of
grading operations.
Resolution 2000 -1783
Page 56
Noise Mitigation Requirement
Mitigation Measure:
Sound Attenuation - Prior to issuance of a Zoning Clearance for
construction, the Noise Study prepared by RKJK & Associates
shall be updated. All residential units fronting along the
commercial property on the north (Lot Nos. 8 -14) shall have
sound attenuating glass on all second story windows facing the
commercial property. In addition, other noise attenuation
including, but not limited to a mechanical ventilation system to
permit "windows closed" condition, and an eight (8) foot sound
attenuation wall along the northerly property line as specified
in the Noise Study prepared by RKJK & Associates shall be
incorporated into the design of the residential units.
Monitoring
Prior to issuance of a building permit, plans will be reviewed
by the Department of Community Development and Building and
safety to ensure that the structures facing the commercial
property are adequately sound attenuated in accordance with the
recommendations contained within the Noise Study.
Street Improvement Requirements
Mitigation Measures:
1. Liberty Bell Road - The Developer shall improve Liberty
Bell Road along the property frontage. Liberty Bell
Road shall be designed per Ventura County standard
plate B -4A. The half- street right -of -way width shall
be thirty four (34) feet. The half - street pavement
width shall be twenty four (24) feet. The parkway
dimension shall be six (6) feet wide adjacent to the
curb with a 5 -foot wide sidewalk. All transitions to
the commercial property to the north are to be
approved by the City Engineer.
2. The Developer shall design a turning area at the south -
end of Liberty Bell Road subject to the approval of
the Director of Community Development and City
Engineer. The design shall provide for access to both
Resolution 2000 -1783
Page 57
the City property and the Ventura County Flood Control
Property. No reduction in the City -owned parking area
shall be allowed. Access to Ventura County Property
shall be restricted by a locked gate, meeting Ventura
County Flood Control Standards and approval.
3. Trailway Court shall be designed per Ventura County
Standard Plate B -513. With the following exceptions:
(a) The total right -of -way width shall be 49 feet. The
pavement width shall be 36 feet. (b) The sidewalk
shall be 5 feet wide and located adjacent to the curb.
The offset cul -de -sac shall be designed to meet the
minimum dimensions of the Ventura County Standard
Plate C -2 or C -3. The 90° turn shall be designed per
plate C -4.
4. Arroyo Trails Avenue shall be designed per Ventura
County Standard Plate B -5B. With the following
exceptions: (a) The total right -of -way width shall be
49 feet. The pavement width shall be 36 feet. (b) The
sidewalk shall be 5 feet wide and located adjacent to
the curb.
The Developer shall record a covenant, running with
the land, to the City of Moorpark acknowledging that
the interior private street right -of -way is not per
City standard. As such, the street right -of -way will
not be offered to the City until the right -of -way is
brought into compliance with City standards.
5. The Developer shall
Contribution (AOC)
dollar amount in e
previous payment
demonstrated, to
concurrence of the
not have to pay the
pay the Los Angeles Avenue Area of
Fee. The AOC fee shall be the
!ffect at the time of payment. If
of this contribution can be
the City's satisfaction upon
City Manager, the developer would
AOC fee.
6. The Applicant shall make a special contribution to the
City representing the developers pro -rata share of the
cost of improvements at the following intersections:
Resolution 2000 -1783
Page 58
Los Angeles Avenue /Gabbert Road ($90,000)
Los Angeles Avenue /Moorpark Avenue ($150,000)
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 a "Fair Share Analysis" of the projects
added traffic for calculation of the pro -rata ( "fair
share ") amount.
Monitoring
Prior to recordation of the Final Map and /or occupancy, the
Department of Community Development and the City Engineer will
ensure that the conditions have been satisfied.
Resolution 2000 -1783
Page 59
STATE OF CALIFORNIA )
COUNTY OF VENTURA )
CITY OF MOORPARK )
ss.
I, Deborah S. Traffenstedt, City Clerk of the City of
Moorpark, California, do hereby certify under penalty of perjury
that the foregoing Resolution No. 2000 -1783 was adopted by the
City Council of the City of Moorpark at a meeting held on the
18th day of October, 2000, and that the same was adopted by the
following vote:
YES: Councilmembers
and Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
Evans, Harper, Rodgers, Wozniak
WITNESS my hand and the official seal of said City this
20th day of December, 2000.
Deborah S. Traffenste t, City Clerk
�--�
(seal)