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HomeMy WebLinkAboutRES CC 2002 1989 2002 0710RESOLUTION NO. 2002 -1989 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2002 -02 TO PERMIT THE CONSTRUCTION OF 190 - UNIT SENIOR CITIZEN APARTMENT UNITS ON A 9.48 ACRE SITE LOCATED ON PARK CREST LANE AT PARK LANE (ASSESSOR PARCEL NO. 506 -0- 050 -185 AND A PORTION OF 506 -0- 050 -475) ON THE APPLICATION OF USA PROPERTIES FUND WHEREAS, at a duly advertised public hearing of the Planning Commission on June 24, 2002, the Planning Commission adopted Resolution No. PC- 2002 -426, recommending to the City Council approval of Residential Planned Development No. 2002 -02; and WHEREAS, at a duly noticed Public Hearing on July 10, 2002, the City Council considered Residential Planned Development Permit No. 2002 -02 to permit the construction of 190 -unit senior citizen apartment units for a 9.48 acre site located on Park Crest Lane at Park Lane (Assessor Parcel No. 506 -0 -5- 050 -185 and a portion of 506 -0- 050 -475) on the application of USA Properties Fund; and WHEREAS, at its meeting of July 10, 2002, the City Council conducted a public hearing and received public testimony, and after receiving public testimony, the City Council closed the public hearing; and WHEREAS, the City Council, after review and consideration of the information contained in the City Council staff report, and testimony received, reached a decision on this matter on July 10, 2002. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Residential with the Resolution Planned City's approving The City Council does hereby find that Development Permit No. 2002 -01 is consistent General Plan, subject to adoption of a a General Plan Amendment 2002 -01. Resolution No. 2002 -1989 Page 6 SECTION 2. That the City Council adopts the following additional findings. California Environmental Quality Act (CEQA) Findings 1. The City Council further finds that Residential Planned Development Permit No. 2002 -02 is consistent with the Mitigated Negative Declaration prepared for the project. 2. The Mitigated Negative Declaration prepared for General Plan Amendment No. 2002 -01, Zone Change 2002 -01 and Residential Planned Development Permit No. 2002 -02 serves as the environmental document for the Residential Planned Development Permit. 3. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the Mitigated Negative Declaration have been incorporated as conditions of approval of Residential Planned Development Permit No. 2002 -02. 4. A Mitigation Reporting and Monitoring Program prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects applies to Residential Planned Development Permit No. 2002 -02. 5. The City Council finds that based upon the whole record before it, including the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment and that the adoption of the Mitigated Negative Declaration represents the independent judgement and analysis of the City of Moorpark. Residential Planned Development Permit Findinas: 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. Resolution No. 2002 -1989 Page 7 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 3. The City Council approves Residential Planned Development Permit No. 2002 -02 subject to the Conditions of Approval (Exhibit A). SECTION 4. The approval of Residential Planned Development No. 2002 -02 is contingent upon final approval by the City Council of General Plan Amendment No. 2002 -01 and Zone Change No. 2002 -01 and shall not become effective until the effective date of the zone change ordinance. 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 10th ATTEST: Deborah S. Traffensted , City Cle EXHIBIT A: Conditions of Approval for Residential Planned Development Permit No. 2002 -02 Resolution No. 2002 -1989 Page 8 EXHIBIT A CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2002 -02 A. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS: 1. The Residential Planned Development permit is granted for the land and project as identified on the entitlement application form and as shown on the plot plans and elevations incorporated herein by reference as Exhibit "A" on file in the Community Development Department Office. 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. 2. The approval of Residential Planned Development No. 2002 -02 is contingent upon final approval by the City Council of General Plan Amendment No. 2002 -01 and Zone Change No. 2002 -01 and shall not become effective until the effective date of the zone change ordinance. In the event that the Zone Change is not approved by the City Council this RPD permit shall become null and void. 3. Use Inauguration: Unless the Residential Development Permit is inaugurated (building foundation slab in place and substantial work in progress) not later than two (2) years after this permit is granted, this permit shall automatically expire on that date. Upon application for an extension of time filed with the Community Development Director at least 30 -days prior to the expiration date, the Director may, at his /her discretion, grant up to one (1) one (1) year extension for project inauguration if there have been no changes in the adjacent areas and if Applicant can document that he /she has diligently worked towards inauguration of the project during the initial two -year period. 4. Other Regulations: The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable regulations of the applicable zone and all requirements and enactment's of Federal, State, County, and City authorities, and all such requirements and enactment's shall, by reference, become conditions of this permit. Resolution No. 2002 -1989 Page 9 5. Duplication of Conditions: All mitigation measures contained within the approved Mitigation Monitoring Report and Program (MMRP) are hereby adopted as requirements of the Residential Planned Development Permit, as applicable. Where conflict or duplication between the MMRP and the conditions of approval occur and applicability for compliance is questioned by the Developer, the Community Development Director will determine the applicable condition compliance requirements for each phase of development. 6. Image Conversion of Plans: Prior to issuance of the first Certificate of Occupancy, the builder shall pay to the City a fee for the image conversion of building permit plans as determined by the Community Development Director into an electronic imaging format acceptable to the City Clerk. 7. Public Nuisance: The Community Development Director may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance." The Applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the conditions of approval or applicable codes. If the Applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080. 8. Approval of the Residential Planned Development Permit is conditioned upon execution of an Affordable Housing Agreement, or other mutually acceptable agreement between the City of Moorpark and the applicant or developer to insure the affordability of the project. Compliance with the terms and conditions of this Agreement shall address affordable housing provision and the term of the affordability. The Agreement is subject to the approval of the City Council. By mutual agreement, these provisions will be incorporated into a regulatory agreement if bonds are issued to finance the project. 9. Affordable Housing Agreement (Development Agreement) Preparation Fee: Developer shall pay to City the amount of Seven Thousand Five Hundred Dollars ($7,500.00) for the Resolution No. 2002 -1989 Page 10 City's cost to prepare the required affordable housing plan and agreement. 10. Outstanding Case Processing Costs: The Applicant shall pay all outstanding case processing (Planning and Engineering), and all applicable City legal service fees within sixty (60) days of approval of this RPD Permit. The applicant, permittee, or successors in interest shall also submit to the Department of Community Development, prior to or concurrently with the building permit application, a fee to cover costs incurred by the City for Condition Compliance review of the RPD Permit. 11. Design/ Development Standards: Prior to issuance of a Zoning Clearance, the building elevations shall be revised to be consistent with the conditions of approval for this Residential Planned Development Permit, subject to Community Development Director approval. 12. Landscape Plans: Within thirty (30) days of issuance of a Zoning Clearance for a Grading Permit, the Applicant shall submit a complete Landscape Plan shown on the approved grading plan, together with specifications and a separate Maintenance Plan. The Landscape Plan shall encompass all areas required to be planted consistent with these conditions of approval. The Landscape Plan shall be reviewed by the City's Landscape Architect Consultant and approved by the Community Development Director prior to Zoning Clearance for building permits for the first apartment building. The Landscape Plan and inspection requirements shall comply with the following: a. Prior to initial review of the landscape plans, the Applicant shall deposit funds for plan review in an amount specified by the Community Development Director. The Applicant shall deposit additional funds upon request as needed to cover all landscape plan check and inspection fees and City administrative costs. Any deposit balance remaining following final approval of the installation shall be refunded to the Applicant. b. All plant material shall conform to the current issue of the American Standard for Nursery Stock published by the American Association of Nurserymen. Resolution No. 2002 -1989 Page 11 C. 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. d. Prior to final inspection by the City of Moorpark, the Applicant shall provide a written certification for the operation of the backflow device. e. All backflow preventers, transformers, and other above -grade utilities shall be appropriately screened with walls and /or plantings. f. The planting and irrigation design shall comply with the State of California Model Water Efficient Landscape Ordinance. g. Prior to occupancy, the landscape installation shall be approved by the Community Development Director. This approval shall be based upon written certification of the landscape installation by the City Landscape Consultant. h. The Tree Valuation Report completed for this project indicates that the site contains one (1) California Pepper tree located in the center of the property. The total valuation of the tree is $10,133. The landscape plans shall provide enhanced landscaping that totals the amount of the estimated tree impact pursuant to Section 12.12.070 of the Moorpark Municipal Code. i. Final landscape plans shall not propose any invasive exotic plants as determined by the City's landscape consultant and approved by the Community Development Director 13. Fence /Wall Plan: A fencing, perimeter, gate, and privacy barrier wall plan, including a six (6) foot high wrought iron fence with decorative block pilasters around the swimming pool, and complete with related landscaping details, identifying the materials to be used and proposed wall heights and locations shall be submitted to the Community Development Director within thirty (30) days of issuance of Zoning Clearance for a Grading Permit. The fence /wall plan shall be depicted on the approved grading Resolution No. 2002 -1989 Page 12 plan and shall require approval by the Community Development Director prior to issuance of Zoning Clearance for building permits for the first apartment building. All fences /walls along lot boundaries shall be in place prior to occupancy of first building, unless timing for installation is otherwise stated in these conditions. Where applicable prior to approval of the final fence /wall plan, the Community Development Director shall approve the connection of property line wall with existing fences and or walls on adjacent residential properties. The Developer is required at his /her sole expense to connect or reconstruct adjacent residential walls and or fences to the project perimeter wall utilizing the same type of material, or better, that comprises existing walls and or fences that are to be connected to the project perimeter wall. All wrought iron fencing shall include decorative block pilasters, subject to the approval of the Community Development Director. 14. Sight Distance on Fence /Wall and Landscaping Plans: The Developer shall submit fence /wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. All fences, walls and other structures shall be submitted to and approved by the Community Development Director. 15. The main entry drive shall incorporate stamped concrete or other decorative paving as approved by the Community Development Director. 16. Signage: Prior to the placement of any permanent signage on the site, a Master Sign Program consistent with the Zoning Ordinance criteria must be approved by the Community Development Director. A signage program that exceeds Zoning Ordinance criteria may only be approved by the City Council through the approval of a Minor Modification. Entrance and project identification signs shall be of a monument design incorporating the architectural features, materials and coloration approved for the project. 17. Lighting Plan: An exterior lighting plan designed in accordance with Section 17.30 (Lighting Regulations) of the Moorpark Municipal Code shall be submitted to the Community Development Director within thirty (30) days of issuance of Zoning Clearance for a Grading Permit. The lighting plan Resolution No. 2002 -1989 Page 13 shall be depicted on the approved grading plan and shall be approved by the Community Development Director prior to issuance of Zoning Clearance for building permits for the first apartment building. Prior to initial review of the lighting plans, the Applicant shall deposit funds for plan review in an amount specified by the Community Development Director. The Applicant shall deposit additional funds upon request as needed to cover all lighting plan check and inspection fees and City administrative costs. Any deposit balance remaining following final approval of the installation shall be refunded to the Applicant. 18. Ultra -low water consumption plumbing fixtures shall be installed consistent with City Ordinance No. 132. The project shall also include a requirement for the following energy saving devices or construction features: 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. Stoves, ovens, and ranges, when gas fueled shall not have continuous burning pilot lights. d. All thermostats connected to the main space- heating source shall have night set back features. e. Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. 19. Solar Panels: The location of solar panels for heating any swimming pool, or for hot water heating for the units, shall be subject to the approval of the Community Development Director prior to issuance of Zoning Clearance for a building permit. All solar panels shall be designed so as to be part of the overall design of the structure(s). 20. Asbestos: No asbestos pipe or construction material shall be used. 21. Within thirty (30) days of issuance of Zoning Clearance for a Grading Permit, the applicant shall submit a detail of the pool and spa area for review by the Community Development Director. The pool and spa plan shall be approved by the Community Development Director prior to issuance of Zoning Clearance for building permits for the Resolution No. 2002 -1989 Page 14 first apartment building. The pool and spa plan may be submitted as part of the Landscape Plan. 22. Within thirty (30) days of issuance of Zoning Clearance for a Grading Permit, the applicant shall submit a pedestrian walking /seating plan for the project for review and approval by the Community Development Director. The pedestrian walking /seating plan shall include a seating area along the Arroyo where views of the Arroyo and wildlife can occur. The Plan shall be approved by the Community Development Director prior to issuance of Zoning Clearance for building permits for the fist apartment building. The pedestrian walking /seating plan may be submitted as part of the Landscape Plan. The Landscape Plan shall include a fencing plan which provides for a pedestrian gate in the property line fence along the Arroyo to allow pedestrian access from the project to a possible future trail. 23. Within 30 days of issuance of a Grading Permit a lot line adjustment or lot merger as determined by the City Engineer or Land Surveyor and in accordance with the Subdivision Map Act shall be submitted to make the two existing lots into one lot. The lot line adjustment /lot merger shall be approved by the City Engineer prior to the issuance of a Zoning Clearance for a building permit. 24. Modifications to Permit: All facilities and uses other than those specifically requested in the application are prohibited unless an application for a modification is submitted to the Department of Community Development consistent with the requirements of the Zoning Code. 25. Rain gutters and downspout shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to the street or drives in non - corrosive devices as determined by the City Engineer. 26. 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. Resolution No. 2002 -1989 Page 15 27. Citywide Traffic Mitigation Fee: As a condition of the issuance of a building permit for each residential unit within the boundaries of the Residential Planned Development, Developer shall pay City at the time of issuance of a Zoning Clearance for construction, a traffic mitigation fee as described herein ( "Citywide Traffic Fee ") . The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. The amount of the Citywide Traffic Fee shall be $4,240 per residential unit. Commencing January 1, 2003, 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 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. 28. Fish and Game Fee Requirement: Within two (2) days after the City Council adoption of a resolution approving this project, the Applicant shall submit to the City of Moorpark a check for a single fee of $1,250.00 plus a $25.00 filing fee payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to Public Resources Code Section 21089; and Fish and Game Code Section 711.4; the project is not operative, vested or final until the filing fees are paid. 29. Park Fee: Prior to issuance of Zoning Clearance for building permits, the developer shall pay a fee in accordance with the Ordinance 52 and the City's Parks and Recreation Facilities requirements, the amount of which will be determined as part of the Development Agreement. 30. Miscellaneous Fees: Applicant shall pay to the City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees shall include but not be limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Further, unless specifically exempted by City Council, the Applicant Resolution No. 2002 -1989 Page 16 is subject to all fees imposed by City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 31. Traffic System Management Plan: Prior to the issuance of a Zoning Clearance for construction for each residential unit, the permittee shall make a contribution to the Moorpark Traffic Systems Management (TSM) Fund for each residential unit, the amount of which will be determined as part of the Development Agreement, but in no event less than five hundred dollars ($500) per unit, to fund TSM programs or clean -fuel vehicles programs as determined by the City. 32. Los Angeles Avenue Area of Contribution (AOC) Fee: The applicant shall contribute to the Los Angeles Avenue Area of Contribution (AOC) Fee Program. The Los Angeles Avenue AOC Fee shall be paid in accordance with City Council adopted AOC fee requirements in effect at the time of building permit application. The AOC Fee shall be paid prior to the issuance of Zoning Clearance for each building permit. 33. Cable Television: During construction, Developer shall allow all persons holding a valid cable television franchise issued by the City of Moorpark ( "Cable Franchisees ") to install any equipment or infrastructure (including conduit, power supplies, and switching equipment) necessary to provide Franchisee's services to all parcels and lots in the Project. Developer shall provide notice of its construction schedule to all Cable Franchisees sufficiently in advance of construction to allow the Cable Franchisees to coordinate installation of their equipment and infrastructure with that schedule. City shall provide Developer a list of Cable Franchisees upon Developer's request. 34. In the event the cable television services or their equivalent are provided to the Project or individual lots under collective arrangement or any collective means other than a Cable Franchisee (including, but not limited to, programming provided over a wireless or satellite system contained within the Project), the apartment management Resolution No. 2002 -1989 Page 17 entity shall pay monthly to City an access fee of five percent (50) of gross revenue generated by the provision of those services, or the highest franchise fee required from any City Cable Franchisee, whichever is greater. "Gross revenue" is as defined in Chapter 5.06 of the Moorpark Municipal Code and any successor amendment or supplementary provision thereto. 35. Graffiti Removal: The applicant or his /her successor and assigns, or the property management entity 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 Community Development Director. 36. Roof Mounted Equipment: No roof - mounted equipment (other than required vents) shall be permitted. Exceptions to this limitation requires approval by the Community Development Director. 37. 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 to a sidewalk or driveway. 38. 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 notify the Community Development Director in writing of the find; shall obtain the services of a qualified paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Community Development Director's written concurrence of the recommended disposition before resuming development. The developer shall be liable for any costs associated with the professional investigation and disposition. 39. Disposal Areas on Site Plan: All trash disposal and recycling areas shall be provided in a location, which will not interfere with circulation, parking or access to the building. The final design and location of the trash enclosures shall be subject to review of the Community Development Director prior to the issuance of a Zoning Clearance for building permit. Trash areas and recycling bins shall be depicted on the final construction plans, the Resolution No. 2002 -1989 Page 18 size of which shall be approved by the Community Development Director and the City's solid waste management staff. All trash disposal and recycling areas shall be designed in accordance with the following requirements: a. Rubbish disposal areas shall include adequate, accessible and convenient areas for collecting and loading recyclable materials. The dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project-is located. b. Adequate number of bins or containers shall be provided to allow for the collection and loading of recyclable materials generated by the development. For commercial (general, office, or retail), developments, space allotment for two (2) three cubic yard bins (107" x 84 or 168" x 53.5 "), or a space allotment for one (1) 40 cubic yard bin (288" x 120 ") and one (1) 3 cubic yard bin (84" x 53.5). The intended use for this space is to hold two side -by -side 3 cubic yard containers (one for refuse, one for recyclables), or one (1) 40 cubic yard bin for refuse and one (1) 3 cubic yard bin for recyclables. The dimensions provided apply to the space available when the gate is fully open. C. The design of the disposal area enclosures shall be architecturally consistent with the development and compatible with the surrounding area as approved by the Community Development Director. d. Each disposal area enclosure shall be screened with a six foot (6') high solid masonry wall enclosure and six foot (6') high gates and shall be designed with cane bolts to secure the gates when in the open position. e. Disposal area enclosures shall have a roof so as to be protected from weather conditions, which might render collected recyclable materials unmarketable. f. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel, and provide the minimum vertical clearance of 30 feet, or other specified clearance required by the collection methods and vehicles utilized by the hauler. Resolution No. 2002 -1989 Page 19 g. A sign, approved by the Community Development Director, clearly identifying all recycling and solid waste collection and loading areas, and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas. h. Refuse disposal areas shall not be located in any area required by the Municipal Code to be constructed or maintained as unencumbered, according to fire and other applicable building and /or public safety laws. i. Recycling area(s) shall be located so they are convenient and adjacent to regular refuse collection areas. j. Space allocation for rubbish and recycling enclosures shall be designed in a manner that complies with the equal access requirements of Title 24 and the American Disabilities Act. k. The enclosure shall have a separate indirect pedestrian access way, which does not require doors or gates. 1. Prior to Zoning Clearance for Building Permit, the City Engineer will review the design plan for compliance with National Pollution Discharge Elimination System (NPDES) requirements. M. All litter /waste material shall be kept in leak proof containers. The area, shall be paved with impermeable material. No other area shall drain onto these areas including rainwater. There shall be no drain connected from the trash enclosure area to the storm drain system. However, the drain from the trash enclosure shall be connected to the sanitary sewer and have an automatic seal that shall preclude any escape of gases or liquids from the sewer connection. 40. Refuse Collection: The franchised refuse hauler designated to service this location will be determined prior to construction. 41. Parking Lot Surface: All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be Resolution No. 2002 -1989 Page 20 maintained at all time to insure safe access and us by residents, public agencies, and service vehicles. 42. Swimming Pools: A six foot high wrought iron fence with decorative pilaters shall be provided around the swimming Pools. The design and location of the fencing shall be to the satisfaction of the Community Development Director. 43. Enforcement of Vehicle Codes: Prior to issuance of a Zoning Clearance for the first residential building permit, the applicant shall request, in writing, that the City enforce appropriate vehicle codes on the subject property as permitted by Vehicle Code Section N21107.7. 44. Verification of Dedication of Property to Ventura County Flood Control District ( VCFCD): Prior to issuance of a Zoning Clearance for the first residential building permit, the applicant shall submit written verification from VCFCD that the area required by the VDFCD for the Arroyo Simi Flood Control Channel has been dedicated to the VCFCD. B. CITY ENGINEER CONDITIONS: General Conditions: 45. The Developer shall post sufficient surety guaranteeing completion of all site improvements within the development and offsite improvements required by the conditions as described herein (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. 46. The Developer shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County Water Resources Development Department. 47. If hazardous materials are found on the site, the Developer shall stop all work and notify the City immediately. The Developer shall develop a plan that meets City, State and Federal requirements for its disposal. Resolution No. 2002 -1989 Page 21 48. The applicant shall comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations implemented by the County of Ventura Public Works Department Waterworks District No. 1. 49. All existing and proposed utilities shall be under grounded as approved by the City Engineer and Community Development Director, with the exception of the off -site overhead utilities on Park Lane between the project site and Los Angeles Avenue. A final determination of the need to remove the southernmost pole and underground utilities at that location shall be at the discretion of the Community Development Director. 50. Prior to improvement plan approval, the applicant shall submit plans to the Ventura County Fire Prevention Division and obtain the approval of the location of fire hydrants. 51. This project shall not create any non - conforming lots in violation of the Map Act or local ordinances. The Developer shall provide all easements and rights -of -way granted to the City free and clear of all liens and encumbrances. 52. Prior to any work being conducted within any State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. Grading Conditions: 53. All development areas and lots shall be designed and graded so that surface. drainage is directed to acceptable locations or natural or improved drainage courses as approved by the City Engineer. Altered drainage methods and patterns onto adjacent properties shall not be allowed without mitigation. 54. The City Manager is authorized to sign an Early Grading Agreement, including expedited processing, on behalf of the City to allow precise grading of the project. The Early Grading Agreement shall be consistent with the conditions of approval for RPD 2002 -02 and contingent upon City Engineer and Community Development Director acceptance of a Performance Bond in a form and amount satisfactory to them to guarantee implementation of the erosion control plan and completion of the precise grading and construction of on- Resolution No. 2002 -1989 Page 22 site improvements. In the case of failure to comply with the terms and conditions of the Early Grading Agreement, the City Council may, by resolution, declare the surety forfeited. 55. ROC, NOx and dust during construction grading will be suppressed by the following activities: a. The fuel injection of all diesel engines used in construction equipment should be retarded two degrees from the manufacturer's recommendation. b. All diesel engines used in construction equipment should use high - pressure injectors. C. All diesel engines used in construction equipment should use reformulated diesel fuel. d. Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County Air Pollution Control District air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. e. All clearing and grading activities shall cease during periods of high winds (i.e., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. f. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. g. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. h. Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. i. Large -scale construction vehicles and trucks exiting the project site during the mass grading period shall be required to have tire wash -downs to minimize the dispersion of dust onto local streets. Resolution No. 2002 -1989 Page 23 56. Prior to issuance of the initial grading permit, the developer shall prepare an Erosion and Sediment Control Plan to address construction impacts and long -term operational effects on downstream environments and watersheds. Certified Erosion and Sediment Control Professional or a qualified Civil Engineer shall prepare this plan. The use of jute or other artificial cover approved by the City Engineer will be required for all graded slopes during the period of October 1 through and inclusive of April 15. Proposed management efforts shall include (but not limited to) provisions for the use of vegetative filtering enhanced by creek bed reconstruction, preparation of detailed erosion control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The erosion control plan shall be reviewed and approved by the Community Development Director and City Engineer prior to issuance of grading permits for mass grading. Sediment yields in the watersheds within the project boundary shall be computed for pre - development and post- development conditions in accord with methods outlined in Erosion and Sediment Yields in the Transverse Ranges, Southern California (United States Geological Survey, 1978) . These estimates of sediment yield shall be completed prior to initiating final design of the debris /detention basin facilities situated in the downstream portion of the project. 57. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project Erosion and Sediment Control Plan. The following water quality assurance techniques shall be included, but not limited to the following, as deemed necessary: a. Minimize removal of existing vegetation. b. Provide temporary soil cover, such as hydroseeding, jute blankets, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. C. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. Resolution No. 2002 -1989 Page 24 d. Rough grade contours to reduce flow concentrations and velocities. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase the grading to minimize soil exposure during the October through April rainy season. 9. Install sediment traps or basins. h. Maintain and monitor erosion /sediment controls. 58. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The City Engineer shall review and approve the grading plan to verify compliance with Best Management Practices features including, but not limited to the following: a. Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. b. Check dams to reduce flow velocities. C. Permanent desilting basins. d. Permanent vegetation, including grass -lined swales. e. Design of drainage courses and storm drain outlets to reduce scour. 59. The following mitigation measures shall be implemented during all construction activities throughout build out of the project to minimize the impacts of project- related noise in the vicinity of the proposed project site: a. Construction activities shall be limited to between the following hours: a) 7:00 a.m. to 5:00 p.m. Monday through Friday, and b) 8:00 a.m. to 5:00 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 be City receive complaints from adjacent property owners. No construction work is to be done on Sundays and City observed holidays. Resolution No. 2002 -1989 Page 25 b. Truck noise from hauling operations shall be minimized through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan (including a map of the haul route) must be identified as part of the grading plan and shall be approved by the City Engineer. C. The Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. d. Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. e. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding rural residential neighborhoods. f. Property owners and residents located within 600 feet of the project site, shall be notified in writing on a monthly basis of construction schedules involving major grading, including when clearing and grading is to begin. The project developer shall notify adjacent residents and property owners by Certified Mail - Return Receipt Requested of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be approved by the City Engineer in advance of its mailing and the return receipts, evidencing United States mail delivery, shall be provided to the Engineering Department. g. A construction effects mitigation program shall be prepared and submitted to the City after completion and occupancy of the first phase of project build out. This program shall protect, to the degree feasible, new residents from the impacts of sustained construction. 60. Grading and improvements shall be designed, bonded and constructed as a single project. Resolution No. 2002 -1989 Page 26 61. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Preliminary Grading /Drainage Plan, prepared by a Registered Civil Engineer. The Developer 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. 62. The final grading plan shall meet all UBC and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 63. Concurrent with submittal of the rough grading plan a sediment and erosion control plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irrigation and hydroseeding on all graded areas within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. 64. This project is projected to import soils onsite. Import /export operations requiring an excess of 100 total truckloads or 1,000 cubic yards of material shall require City Council approval prior to the commencement of hauling or staged grading operations. A haul route is to be submitted for review and approval by the City Engineer and Community Development Director. Additional surety for the cleaning and /or repair of the streets shall be required as directed by the City Engineer. Approval of the Haul Route Permit shall require the following: a. The haul route permit application shall be completed in its entirety including information indicating maximum quantity of dirt to be hauled. The haul shall be conducted only as permitted and no soil shall be transported to or from any site, via any route, during any time, or by any means except as specified in the permit. b. If import is coming from the east, the haul trucks shall enter the City from the Freeway 23 and Los Angeles Avenue interchange and proceed westerly to Park Lane thence southerly along Park Lane to the site. Empty haul trucks shall retrace the haul route. Resolution No. 2002 -1989 Page 27 If the haul is from the West, the haul trucks shall enter the City from Los Angeles Avenue and proceed easterly to Park Lane, thence southerly along Park Lane to the site. Empty haul trucks shall retrace the haul route. If import is coming from the adjacent Arroyo Simi, then provide written approval from the Ventura County Flood Control District. c. The haul route permit application shall indicate the name of the dirt hauling company; the contractor's state license number; the contractor's City license number; proof of insurance per the City's requirements; the supervisor in charge, including work address, daytime work telephone numbers, a 24 -hour availability number and the number of days to complete the haul. d. The haul route permit application shall specify the starting and completion dates. No changes to the approved haul route, times and dates of operation, dust control, signage or traffic control shall be made without approval of the City Engineer and Community Development Director. e. The Developer shall procure a City Encroachment permit and post a cash bond in the amount of $500 per day for each day of operations approved by the City Engineer. The deposit shall be for payment of any costs incurred by the City related to the haul including but not necessarily limited to damage remediation, street cleaning, administration, inspection and monitoring of the permit. Upon certification by the City Engineer that the haul operation is completed and that, all damages to the City facilities and all costs to the City and its agents and contractors have been paid; the unused portion of the deposit shall be refunded. Should the costs to the City exceed the deposit amount, the Developer hauling the soil shall cease all work operations and deposit additional funds with the City, in an amount determined by the City Engineer, within 10 days of written demand by the City. f. The haul permit shall be subject to revocation or revisions by the City Council or the City Engineer. A copy of the permit shall be available for review on Resolution No. 2002 -1989 Page 28 the site at all times. The truck trip counts and yardage hauled shall be tallied as the trucks enter the import site. A true copy of the tally sheets shall be delivered to the City Engineer, or his /her designee, at the end of each working day that the hauling occurs. g. The haul operation shall provide traffic control to the satisfaction of the City Engineer. _ h. Hauling operations shall be conducted only on weekdays (Monday through Friday) and during daylight hours and only between the hours of 9:00 AM and 4:00 PM. Hauling shall be done on consecutive days, not including weekends and a lapse between hauling days shall invalidate the permit. i. Appropriate traffic warning signs and devices and a flagger shall be provided at the entrances to the public way. The flagging operation shall be directed to controlling the entrance of the trucks used to haul the soil on and off the public street. Disruption of traffic on public streets due to the haul operation shall be reduced to the maximum extent practical. j. All portions of the haul route and intersecting streets within 500 feet of the haul route shall be swept continuously during haul operations. No less than two street sweepers shall be in operation over the portions of the haul route within City jurisdiction during haul operations and for 30 minutes after the haul operation hours. k. Haul operations shall be suspended on rain days. The suspension shall continue until soils on the import site have dried sufficiently that the haul truck tires do not pick up the soils. 1. The soil shall be wetted to optimum moisture (ASTM D- 1557) before loading. Each haul truck shall have all soil cleared from surfaces outside the bed before traveling on a public street. The tires of the haul trucks shall be cleaned of adhering soil before traveling on any public street. The soil may be covered by tarps during the haul as an alternative to wetting the soil to optimum moisture. Resolution No. 2002 -1989 Page 29 M. Onsite haul routes and soil moisture conditioning measures shall be such to eliminate tracking or blowing soil onto City streets or adjoining property from the loading, hauling, dumping or distributing portions of the operation. Onsite operations shall be coordinated to avoid passage of haul trucks over wet soils that might adhere to the tires of the haul units. n. The haul permit shall be signed by both the hauling company and the Developer and shall bind both to the conditions of the permit. 65. Temporary irrigation, hydroseeding and erosion control measures 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 a temporary or permanent 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 except that during the rainy season these measures will be implemented immediately. 66. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted a certified soil engineer will review plans and their recommendations will be subject to the review and approval of the City Engineer and the Community Development Director. 67. All graded slopes shall be planted in a timely manner with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. The planting will be to the satisfaction of the Community Development Director and the City Engineer. 68. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches.high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The Developer shall use the City's standard slough wall detail during the design and construction. The City Engineer and Resolution No. 2002 -1989 Page 30 Community Development Director shall approve all material for the construction of the wall. 69. Grading may occur during the rainy season from October lst to April 15th subject to approval by the City Engineer and timely installation of erosion control facilities. Erosion control measures shall be in place and functional between October 1st and April 15th. In order to comply with the October lst date, revised erosion control plans shall be submitted to the City Engineer no later than September lst of each year from the start of grading or clearing operations to the time of grading bond release. 70. Prior to any work being conducted within any State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits will be provided to the City Engineer. 71. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. 72. During clearing, grading, earth moving or excavation operations regular watering shall control dust. In addition the following measures shall apply: 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 grading plan shall indicate the number of water trucks that 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 mph averaged over one 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. Resolution No. 2002 -1989 Page 31 d. Keep all grading and construction equipment on or near the site, until these activities are completed. e. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. f. Wash off heavy -duty construction vehicles before they leave the site. 73. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: a. 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. b. Periodically, or as directed by the City Engineer, sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.), which may have accumulated from construction activities. 74. 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. 75. 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 Engineer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 76. The Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized Resolution No. 2002 -1989 Page 32 persons from entering the work site at any time and to protect the public from accidents and injury. 77. Backfill of any pipe or conduit shall be in 4 -inch fully compacted layers unless otherwise specified by the City Engineer. 78. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every 2 feet of lift and 100 lineal feet of trench excavated. Test locations shall be noted using street stationing with offsets from street centerlines. 79. Observe a 15 -mile per hour speed limit for the construction area. 80. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. Geotechnical /Geological Conditions: 81. Prior to submittal of grading plans the Developer shall have a geotechnical report prepared to the satisfaction of the City Engineer and at the minimum the geotechnical report shall address the following: a. The applicant or subsequent developers shall contract with an engineering geologist and geotechnical engineer to quantify the engineering properties of the on -site soil materials, to assess the potential for weak soils or bedding layers which may affect cut and /or natural slopes, and to verify that grading planned within the site is consistent with factors of safety approved by the City's consulting Geotechnical Engineers. This geotechnical study shall, as deemed necessary by the City Engineer and consulting City Geologist and Geotechnical Engineer, further assess slopes within or adjacent to proposed residential development areas. The findings and recommendations of the geotechnical assessment shall be incorporated into the final design for the project. b. The applicant will determine with subsequent geotechnical studies, the location of any landslide or unstable area, if existing or immediately adjacent to the site. Landslides and unstable areas shall be Resolution No. 2002 -1989 Page 33 removed and recompacted during grading to the satisfaction of the City Engineer and the City's consulting geotechnical engineers. Alternatively, landslides or unstable slopes can potentially be stabilized by constructing buttress or stabilization fill slopes to reduce their potential for future down slope movement. All cut and fill slopes, foundations and structures, shall be designed and constructed to comply with Chapter 70 of the Uniform Building Code (UBC) and applicable City _and /or Country Grading Ordinances. Modifications to these standards shall be permitted only with the written concurrence of the City Engineer and the City's consulting geologist. C. An engineering geologist shall define the final grading requirements for residential and recreational facilities. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist. Foundation designs in areas where fault traces were identified that have been deemed inactive should address enhancing the stability of homes in the event minor movement occurs as a secondary effect of ground shaking. d. The developer shall cause an engineering geologist to study all unanticipated faults exposed during grading to detect any evidence of possible recent activity. All active fault lines will be clearly shown on the grading plan. No structure shall be placed within 50 feet of any fault trace. e. All habitable structures shall be designed to accommodate structural impacts from 0.12g- ground acceleration or other standard factor of safety deemed applicable to this project. The standards shall be prepared to the satisfaction of the City Engineer. f. The developer shall contract with an engineering geologist to prepare grading recommendations, foundation design criteria, and other recommendations regarding detailed project design. As a component of required subsequent geologic studies, a soils engineer shall evaluate the condition of alluvium and unconsolidated soils. Relatively loose soils or alluvium shall be densified or removed and recompacted Resolution No. 2002 -1989 Page 34 prior to placement of structures upon such soils. Other mitigation measures shall be incorporated into the final project design as required by the geological assessment. All geological recommendations shall be to the satisfaction of the City Engineer. g. The Developer shall submit to the City Engineer for review and approval, detailed Geotechnical Engineering Reports certified by a California Registered Civil Engineer. The Geotechnical Engineering Report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. Also, the report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Should additional geotechnical studies be generated or required as a result of the geotechnical investigation, additional plan check fees will be required. h. Review of the Geotechnical Engineering Report, by the City's Geotechnical Engineer, is required. The Developer shall reimburse the City for all cost including the City's administrative fee for this review. i. 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). 82. Prior to issuance of a building permit, all habitable structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. 83. Prior to issuance of a building permit, an as- graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. Resolution No. 2002 -1989 Page 35 Street Conditions: 84. 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. 85. Monuments shall meet the City of Moorpark, County of Ventura Standards and shall be to the satisfaction of the City Engineer. Mitigation of Traffic Impacts: 86. Prior to the first Zoning Clearance for residential unit building permit, Developer shall pay a fair -share contribution for intersection improvements for Los Angeles Avenue /Moorpark Avenue, Los Angeles Avenue /Spring Road and Spring Road /High Street. The level of fair -share participation shall be in the total amount of four thousand dollars ($4,000.00). Street Requirements: 87. The Developer shall submit to the City of Moorpark for review and approval, street improvement plans 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. Public streets shall conform to City of Moorpark requirements including all applicable ADA requirements. Street improvements shall be acceptable to the City Engineer and Director of Community Development. 88. All streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision and as modified), unless noted otherwise in the Conditions. 89. Pedestrian facilities shall meet all City and ADA requirements, shall be safe from vehicular traffic along Park Lane, Park Crest Lane and Los Angeles Avenue. Prior to approval of the improvement plans, Developer shall submit an ADA access exhibit to the satisfaction of the City Engineer. The exhibit shall denote how ADA access throughout the public right of way shall be accomplished. Resolution No. 2002 -1989 Page 36 90. The street improvements shall include concrete curb and gutter, sidewalk, landscaped parkways, streetlights, signing, striping, interim striping and traffic control, repaving and paving, and any necessary transitions, to the satisfaction of the City Engineer. The City Engineer and the Director of Community Development shall approve all driveway locations. The Developer shall dedicate or acquire any additional right -of -way necessary to make all of the required improvements. 91. Entry monumentation that does not interfere with sight - distance or turning movements shall be incorporated into the project entrance planning. Landscaping shall be provided appropriate to the entry that will not interfere with sight - distance or turning movement operations. The final design for the project entrance shall be reviewed and approved by the City Community Development Department Director and the City Engineer prior to the issuance of building permits. Park Lane 92. From the project site to Los Angeles Avenue, Park Lane shall be constructed per modified Ventura County Standard Plate B -3 -C, 68 feet right -of -way; containing 52 feet of roadway (curb face to curb face), 8 feet wide parkways containing 5 feet wide sidewalks located 6 inches from the right -of -way. This will include all portions of existing Park Lane that do not conform to this cross section. Developer shall demonstrate conformance to A.D.A. access requirements at all locations including driveway locations. An ADA plan shall be reviewed, approved by the City Engineer and held on file to show conformance to those requirements. Improvement plans will detail all locations where utilities or other improvements conflict with normal walk locations and that the plans conform to the City's requirements. Developer shall reconstruct any broken sidewalk, curb and gutter, and street pavement from the project site to Los Angeles Avenue and repave any portions of Park Lane to the satisfaction of the City Engineer. Street sections shall be designed for a 50 -year life. 93. Driveways shall be designed in accordance with the latest APWA Standards. Resolution No. 2002 -1989 Page 37 94. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within the right -of -way landscaping areas. When above ground obstructions are to be placed within the sidewalk, a minimum five (5) feet clear sidewalk width must be provided around the obstruction. 95. The Developer shall submit wa1= showing that provisions have been maintain proper sight distances. other structures over six (6) feet to and approved by the Director and the City Engineer. and landscaping plans taken to provide for and All fences, walls and high are to be submitted of Community Development 96. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the Developer at his /her expense. Street Lighting Conditions: 97. Streetlights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. Prior to issuance of zoning clearance for the first residential building permit, the Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. Drainage Requirements: 98. The applicant shall make a pro -rata contribution to the mitigation of cumulative regional drainage deficiencies consistent with the remediation programs proposed in the Drainage Deficiency Study adopted by the City. If a formal fee program to implement required drainage improvements is not adopted at the time of project approval, the applicant's pro -rata contribution to funding required regional improvements shall be included in the project Development Agreement. Payment of negotiated drainage improvement fees shall be required prior to issuance of building permits. 99. The Developer shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete improvements and shall post Resolution No. 2002 -1989 Page 38 sufficient surety guaranteeing the construction of all improvements. 100. The plans shall depict all on -site and off -site drainage structures required by the City. 101. The drainage plans and calculations shall relate to conditions before and after development. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention and NPDES facilities and drainage courses will be addressed. 102. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: a. All storm drains shall carry a 10 -year frequency storm. b. All catch basins shall carry a 10 -year storm. c. 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. d. All culverts shall carry a 100 -year frequency storm. 103. Surface flows shall be intercepted, detained and given sufficient time to provide storm water clarification by "passive" BMP systems prior to entering collector or storm drain systems. This shall be clearly shown on the improvement plans and shall be to the satisfaction of the City Engineer. 104. Under a 10 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector streets shall have a minimum of two dry travel lanes in each direction. 105. "After- development" drainage to adjacent parcels shall not be increased above "Pre- development" drainage quantities nor will surface runoff be concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided to the satisfaction of the City Engineer. 106. Drainage grates shall not be used at any location accessible by pedestrian, bicycle or equestrian traffic. Resolution No. 2002 -1989 Page 39 107. The grading plan shall also show contours indicating the 50- and 100 -year flood levels based on the latest and best information available. 108. All flows that have gone through flow attenuation and clarification by use of acceptable BMP systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices shall be deposited directly into the storm drain system and shall be restricted from entering streets. If necessary, the storm drain system shall be extended to accept these flaws. Both storm drains and easements outside the public right -of -way are to be privately maintained unless otherwise approved by the City Council. 109. Concrete surface drainage structures exposed to the public view, shall be tan colored concrete, as approved by the Community Development Director, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. 110. In order to comply with California Regional Water Quality Control Board requirements no curb outlets will be allowed for pad drainage onto the street. This notification agreement shall be recorded and enforced by the property owner. 111. Drainage devices 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 to the satisfaction of the City Engineer. 112. A hydraulic /hydrologic study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by the City, to support the proposed development. 113. Improvements shall be constructed to detain drainage on- site when the drainage amount is between the ten -year and fifty -year storm event. A rainfall intensity Zone K shall be utilized in the design unless alternate design intensity is approved by the City Engineer. 114. The Developer shall demonstrate, for each building pad within the development area, that the following Resolution No. 2002 -1989 Page 40 restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm. b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Flood Control Standards. d. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 115. The Developer shall provide for all necessary on -site and off -site storm drain facilities to the satisfaction of the City Engineer to accommodate upstream and on -site flows. Facilities, as shown on existing drainage studies and approved by the City Engineer, shall be delineated on the final drainage plans. Either on -site detention basins or storm water acceptance deeds from off -site property owners must be specified. 116. The design of the storm drain system shall provide for adequate width easements for future maintenance and reconstruction of facilities particularly those facilities that are deeper than 8 feet. In addition all facilities shall have all- weather vehicular access. This design shall be to the satisfaction of the City Engineer. 117. Engineering and geotechnical reports shall be provided to prove, to the satisfaction of the City Engineer, that all "passive" NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 118. The Developer shall demonstrate and certify to the satisfaction of the City Engineer that all existing storm drain culverts within the site shall perform in an acceptable manner based on their intended design and the proposed increase /decrease of loading conditions, introduction of surface water within subsurface areas that may affect the culvert and proposed construction. This especially includes cast -in -place concrete pipe (CIPP). Resolution No. 2002 -1989 Page 41 National Pollutant Discharge Elimination System ( NPDES) Requirements: 119. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall submit a Storm Water Pollution Control Plan (SWPCP) to the satisfaction of the City Engineer. 120. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water_ Quality Management Program, NPDES Permit No. CAS004002. 121. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system. 122. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." 123. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer 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 Developer shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP). 124. The Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The Developer shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 125. The Developer shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." Resolution No. 2002 -1989 Page 42 126. Prior to Grading Plan approval, Developer will provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive Best Management Practices (BMPs) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Developer to provide for maintenance in perpetuity. 127. Prior to City issuance of the' initial grading permit, the applicant shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require applicant to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite will not be allowed. 128. The project construction plans shall state that the contractor shall comply with the "California Storm Water Best Management Practice Handbooks" - Best Management Practices (BMPs) applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include the following: a. All onsite storm drain inlets shall be labeled "Don't Dump Drains to Arroyo." b. No outdoor vehicle maintenance shall be allowed. C. All common area property locations shall be maintenance free of litter and debris. d. All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. e. All common sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris from entering the storm drain. f. No cleaning agent must be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the Resolution No. 2002 -1989 Page 43 review and approval of the County Waterworks District No. 1. g. The City will require that "passive" devices and BMPs be used to comply with NPDES water quality requirements. The Developer shall provide the City with a Maintenance Program for such devices. The CC &R's shall include a requirement that the Developer /HOA shall maintain, in perpetuity, such devices in a manner consistent with specific - requirements to be detailed within the Maintenance Program. 129. Prior to the starting of grading or any ground disturbance the Developer shall employ a full -time superintendent for NPDES compliance. The NPDES superintendent shall have no other duties than NPDES compliance, shall be present, on the project site Monday through Friday and on all other days when the probability of rain is 40% or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to hire personnel, bind the developer in contracts, rent equipment and purchase materials to the extent needed to effectuate Best Management Practices. The NPDES superintendent shall provide proof to the City Engineer of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than 8 hours directed specifically to NPDES compliance and effective use of Best Management Practices. Proof of such attendance and completion shall be provided to the City Engineer prior to employment to the NPDES superintendent. In addition, an NPDES superintendent shall be employed to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. Acquisition of Easements and Right of Way: 130. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the Resolution No. 2002 -1989 Page 44 filling of the final or parcel map for approval pursuant to Governmental Code Section 66457: a. Notify the City of Moorpark (hereinafter City) in writing that the applicant wishes the City to acquire an interest in the land, which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Supply the City with: (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. c. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. Prior to Issuance of a Zone Clearance for A Buildina Permit, the following conditions shall be satisfied: 131. Prior to issuance of a building permit, all habitable structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. Prior to Issuance of a Certificate of Occupancy, the Following Conditions shall be Satisfied: 132. If directed by the City, the Developer shall have repaired, overlaid or slurried that portion of Park Lane and Park Crest Lane adjacent to the development damaged as a result of project related construction work or utility trenching. The repairs, curb replacement, parkways, sidewalks, and overlay or slurry of the street, as a result of damage from construction work or utility trenching shall be along the entire length of the project including transitions unless Resolution No. 2002 -1989 Page 45 otherwise approved and shall be completed to the satisfaction of the City Engineer. 133. A final grading certification shall be submitted to and approved by the City Engineer. Prior to Acceptance of Public Improvements and Bond Exonerations, the Following Conditions shall be satisfied: 134. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 135. Sufficient surety in a form and in an amount acceptable to the City guaranteeing the public improvements shall be provided, and shall remain in place for one year following acceptance by the City. 136. Original "as built" plans shall be certified by the Developer's Registered Civil Engineer and submitted with two sets of blue prints to the City Engineer's office. These ` %as built" plans shall incorporate all plan revisions. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they shall be resubmitted as "record drawings" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection is scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer. In addition, Developer shall provide an electronic file update on the City's Master Base Map electronic file, incorporating all storm drainage, water and sewer mains, lines and appurtenances and any other utility facility available for this project. C. FIRE DEPARTMENT CONDITIONS: 137. Prior to combustible construction, an all weather access road /driveway suitable for use by a 20 ton Ventura County Fire Protection District (Fire District) vehicle shall be installed. 138. All access roads /driveways shall have a minimum vertical clearance of 13 feet 6 inches (13'6 "). 139. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire District access roads /driveways exceed 150 feet. Turnaround areas shall not exceed a 2.50 Resolution No. 2002 -1989 Page 46 cross slope in any direction and shall be located within 150 feet of the end of the access road /driveway. 140. Public and private roads shall be named if serving more than four (4) parcels. 141. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center for review. 142. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with City of Moorpark Road Standards. 143. Address numbers, a minimum of 8 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 not visible from the street, the address number(s) shall be posed adjacent to the driveway entrance. 144. A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 145. Prior to construction, the applicant shall submit plans to the Fire District for placement of fire hydrants. On plans, show existing hydrants within 500 feet of the development. Indicate the type of hydrant, number and size of outlets. 146. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the City of Moorpark Water Works Manual. a. 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. b. The required fire flow shall be achieved at no less than 20psi residual pressure. C. Fire hydrants shall be spaced 500 feet on center, and so located that no structure will be farther than 250 feet from any one hydrants. Resolution No. 2002 -1989 Page 47 d. Fire hydrants shall be set back from the curb face 24 inches on center. e. No obstructions, including walls, trees, light and sign posts, meter, and shall be placed within three (3) feet of any hydrant. f. A contract pad shall be installed extending 18 inches out from the fire hydrant. g. Ground clearance to the lowest operating nut shall be between 18 to 24 inches. 147. Prior to occupancy of any structure, blue reflective hydrant location marketers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap is completed. 148. Prior to storage of combustible materials, the applicant shall provide to the Fire District, verification from the water purveyor that the purveyor can provide the required fire flow of 1,000 gallons per minute at 20 psi. 149. Any structure greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current Fire District Ordinance. 150. Plans for all fire sprinkler systems shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. 151. Applicant shall submit a phasing plan to the Fire Department for review and approval prior to construction. 152. A copy of the recorded lot line adjustment /lot merger shall be provided to the Fire District within seven (7) days of recordation of said lot line adjustment /lot merger. D. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS: 153. Prior to issuance of a building permit, provide Ventura County Waterworks District the following: a. Water and sewer improvement plans in the format required. Resolution No. 2002 -1989 Page 48 b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. C. Copy of approval of fire hydrant locations by County of Ventura Fire Protection District. d. Copy of Release from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. Fees: Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. g. Signed Contract to install all improvements and a Surety Bond. E. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS: 154. No direct storm drain connections to Ventura County Flood Control District facilities will be allowed without appropriate Best Management Practices (BMPs) for compliance with Ventura Countywide Stormwater Program. 155. 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. F. VENTURA COUNTY TRANSPORTATION DEPARTMENT CONDITIONS: 156. Prior to issuance of a Zoning Clearance for a building permit for each residential unit within the boundaries of the Residential Planned Development, Developer shall pay a County of Ventura traffic impact fee. The fee shall be paid at the rate in place at the time of issuance of each building permit, in accordance with the applicable reciprocal agreement between the County and the City of Moorpark. G. POLICE DEPARTMENT CONDITIONS: 157. Construction equipment, tools, etc. shall be properly secured to prevent theft during non - working hours. Resolution No. 2002 -1989 Page 49 158. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured prior to installation to prevent theft during non - working hours. 159. If an alarm system is used, it shall be wired to all exterior doors, windows, roof vents or other roof openings where access may be made. 160. Directory Boards indicating the location of the various buildings and individual units will be displayed at each entrance to the _complex and lighted during hours of darkness. 161. Address numbers shall be placed on all buildings, in an obvious sequence pattern, to be reviewed and approved by the Police Department community services officer prior to installation. 162. Prior to issuance of building permits for either the residential or recreational components of the project, the Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. To the degree feasible, public safety planning recommendations shall be incorporated into the project plans. The Applicant shall prepare of list of project features and design components that demonstrate responsiveness to defensible space design concepts. Review and approval by the Police Department of all defensible space design features incorporated into the project shall occur prior to initiation of the building plan check process. H. MOORPARK UNIFIED SCHOOL DISTRICT CONDITION: 163. Prior to issuance of building permits for the residential units, all legally mandated school impact fees applicable at the time of issuance of a building permit shall be paid to the Moorpark Unified School District. I. BUILDING DEPARTMENT CONDITIONS: 164. The final grading plan shall meet all standards of the Uniform Building Code (UBC). 165. Spark Arrestor: An approved spark arrestor shall be installed on the chimney of any structure(s). Resolution No. 2002 -1989 Page 50 J. MITIGATION MEASURE CONDITIONS: 166. Prior to Issuance of Grading permit, the final Geotechnical recommendations for development of the project shall include measures to address the potential for liquefaction, which may include but not be limited to caissons, piers, and /or deep footings. 167. Prior to the first Zoning Clearance for residential unit building permit, Developer shall pay a fair -share contribution for intersection improvements for Los Angeles Avenue /Moorpark Avenue, Los Angeles Avenue /Spring Road and Spring Road /High Street. The level of fair -share participation is based upon the traffic analysis prepared for the Archstone Apartment project at a sixty percent (60%) value. 168. Prior to Issuance of Grading Permit, the project site shall be raised to an elevation sufficient to be at or above the 100 -year event based upon a 26,600 cfs or to an elevation satisfactory to the City Engineer, which would provide protection from the 100 -year event. MITIGATION MONITORING REPORT PROGRAM MONITORING AND REPORTING REQUIREMENT FOR MITIGATION MEASURES: Prior to issuance of a Grading Permit, the City Engineer shall provide a memorandum to the Community Development Director verifying that the grading plans comply with all mitigation measures imposed as conditions of approval. Prior to issuance of Zoning Clearance for residential unit building permit, the Community Development Director shall verify that payment of the fair share contribution for intersection improvements for Los Angeles Avenue /Moorpark Avenue, Los Angeles Avenue /Spring Road and Spring Road /High Street has been made. Prior to issuance of a Building Permit, the Building Official shall provide a memorandum to the Community Development Director verifying that the building plans comply with all mitigation measures imposed as conditions of approval. Resolution No. 2002 -1989 Page 51 STATE OF CALIFORNIA } COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2002 -1989 was adopted by the City Council of the City of Moorpark at a special meeting held on the 10th day of July, 2002, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Millhouse and temporary Presiding Officer Wozniak NOES: None ABSENT: Councilmember Mikos and Mayor Hunter ABSTAIN: None WITNESS my hand and the official seal of said City this 18th day of July, 2002. �Z� S Deborah S. Traffenste t, City Clerk (seal)