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HomeMy WebLinkAboutRES CC 2005 2304 2005 0406RESOLUTION NO. 2005 -2304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT NO. 5425, AND RESIDENTIAL PLANNED DEVELOPMENT (RPD) NO. 2003 -02 FOR THE DEVELOPMENT OF 102 HOUSING UNITS ON A 15.13 ACRE PARCEL, LOCATED AT THE TERMINUS OF FREMONT STREET, SOUTH OF LOS ANGELES AVENUE AND EAST OF MAJESTIC COURT, ON THE APPLICATION OF SHEA HOMES, INC.; ASSESSOR PARCEL NOS. 506 -0- 020 -23, 506 -0- 020 -31, 506 -0- 020-32, 506 -0- 020 -33, 506 -0- 020 -34 WHEREAS, on April 6, 2004, the Planning Commission adopted Resolution No. PC- 2004 -455, recommending approval to the City Council of Vesting Tentative Tract No. 5425, and Residential Planned Development No. 2003 -02 on the application of Shea Homes, Inc. for the development of 102 housing units, including the subdivision of approximately 15.13 acres into 3 lots for condominium purposes, located at the terminus of Fremont Street, south of Los Angeles Avenue and east of Majestic Court. (Assessor Parcel Nos. 506 -0- 020 -23, 506 -0- 020 -31, 506 -0- 020 -32, 506 -0- 020 -33, 506 -0- 020 -34); and WHEREAS, at a duly noticed public hearing on March 2, 2005 and April 6, 2005, the City Council considered the agenda report for Vesting Tentative Tract No. 5425, and Residential Planned Development No. 2003 -02 and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal and reached a decision on this matter; and WHEREAS, the City Council has read, reviewed considered, and adopted the proposed Mitigated Negative Declaration prepared for the project referenced above. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the City Council has determined that the Vesting Tentative Tract Map, with imposition of the attached special and standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: Resolution No. 2005 -2304 Page 2 A. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance if amended by General Plan Amendment No. 2003 -02 and Zone Change No. 2003 -02 to allow for a density up to 12 units per acre. B. The design and improvements of the proposed subdivision would be consistent with the City of Moorpark General Plan if amended by General Plan Amendment No. 2003 -02 and Zone Change No. 2003 -02 to allow for a density up to 12 units per acre. C. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. D. The site is physically suitable for the proposed density of development, in that all City Development standards would be met by the proposed project. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that reciprocal access easements for improvements to Fremont Street and for the site to the east have been identified and incorporated in the design of this project. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. I. The proposed subdivision fronts upon a public waterway (Arroyo Simi) as defined in California Government Code Section 66478.1 et seq. Public access easements will be provided per Conditions of Approval. Resolution No. 2005 -2304 Page 3 SECTION 2. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030: A. The proposed project site design is consistent with the provisions of the City's General Plan and Zoning Ordinance, if amended by General Plan Amendment No. 2003 -02 and Zone Change No. 2003 -02, in that the proposed project will provide for the orderly development of land identified in the City's General Plan and Zoning Ordinance as appropriate for residential development. B. The proposed project would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area, in that the use proposed is similar to uses existing or proposed to the north, south, and west, and access to adjacent uses is not hindered by this project; and reciprocal access easements will be provided to the sites to the east. C. The proposed project is compatible with existing and permitted uses in the surrounding area, in that the surrounding existing and future development includes a variety of single- family attached and detached homes. SECTION 3. CITY COUNCIL APPROVAL: The City Council approves Vesting Tentative Tract No. 5425 subject to the special and standard Conditions of Approval included in Exhibit A, and Residential Planned Development No. 2003 -02, subject to the special and standard Conditions of Approval included in Exhibit B, attached hereto and incorporated herein by reference. SECTION 4. The 5425 and concurrent Change No. Residential with the 2003 -02. effective date of Vesting Tentative Map No. Planned Development No. 2003 -02 shall be effective date of the ordinance for Zone Resolution No. 2005 -2304 Page 4 SECTION 5. The City Clerk shall this resolution and shall cause a filed in the book of oriaina eso PASSED AND ADOPTEC ATTEST: Deborah S. Traffensted certify to the adoption of certified resolution to be Exhibit A: Special and Standard Conditions of Approval for Vesting Tentative Tract Map No. 5425 Exhibit B: Special and Standard Conditions of Approval for Residential Planned Development Permit No. 2003 -02 Resolution No. 2005 -2304 Page 5 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5425 SPECIAL CONDITIONS: 1. Vesting Tentative Tract No. 5425 is approved per the submitted tentative map as modified by the conditions contained in this resolution. 2. Up to a maximum of 102 dwelling units may be developed under this entitlement. 3. Parking is restricted to the south side of the street for "B," "C'11 and "E," Streets; and to the west side for "A ", "F," and "G" Streets. Parking shall be allowed on both sides of, "D" Street and Majestic Court (approval of all street names shall follow the City's process). "No Stopping at Any Time" signs shall be installed at the sole cost of the applicant to the satisfaction of the Ventura County Fire Prevention District and the City Engineer. 4. Prior to the recordation of the Final Map the applicant shall provide access through Fremont Street, either through a reciprocal access agreement or other instrument acceptable to the Community Development Director and City Engineer, for the entire length of Fremont Street, from Los Angeles Avenue to Majestic Court. 5. Prior to the issuance of a Zoning Clearance for building permit for the first (1St) dwelling unit of Tract No. 5425 a plan for the improvement and closure of Fremont Street at Los Angeles Avenue shall be provided for review and approval by the City Engineer and Community Development Director. Fremont Street shall be improved to a width of twenty -four feet (24'), with rolled concrete curbs, and a structural cross section equal to City public road standards as soon as practicable as determined by the City Engineer and Community Development Director, but in no event later than issuance of a building permit of the fiftieth (50th) dwelling unit of Tract No. 5425. The precise design of Fremont Street shall be as shown on the Vesting Tentative Tract Map. No street lights shall be provided on Fremont Street. Resolution No. 2005 -2304 Page 6 6. There shall be no construction traffic on Fremont Street, except to improve Fremont Street or any lots abutting Fremont. 7. Prior to issuance of the first (1St) building permit for the first (1St) dwelling unit the applicant shall provide a cost estimate for the full street improvements along the Los Angeles Avenue frontage of Tract No. 5425 and along the Los Angeles Avenue frontage of the Fremont Street neighborhood subject to the review and approval of the City Engineer. Developer shall deposit sufficient funds per the approved cost estimate with the City. The improvements shall include, but not be limited to, a deceleration lane installed along the south side of Los Angeles Avenue, west of the northerly entrance to Tract No. 5425, curb, gutter, sidewalk and a noise attenuation wall. All improvements shall be subject to the satisfaction of the Community Development Director, the Director of Public Works, and the City Engineer. In lieu of construction of said improvements, the applicant shall provide interim improvements for access to Los Angeles Avenue until such time as the City approved widening project is completed. Applicant shall provide paving, curb and gutter, sidewalk, striping and required traffic control devices to prevent left turning movements. The improvements will be constructed per City Standard Designs and subject to the review and approval of the City Engineer. Offsite right - of -way acquisition for the City widening project shall be the responsibility of the City, however, all right -of -way required for the ultimate improvements shall be dedicated to the City per the final map recordation. 8. Prior to issuance of a Zoning Clearance for a grading permit, the applicant shall pay $60,000 for the design and installation of a traffic signal at Millard Street /Los Angeles Avenue when the design is approved by Caltrans. If Caltrans has not approved the conceptual design for the installation of a traffic signal at this location prior to occupancy of the one - hundred first (101St) dwelling unit, the applicant shall be relieved of this requirement. 9. Prior to or concurrently with the recordation of the Final Map the applicant shall grant the City with an irrevocable offer of dedication for vehicular access and drainage along the entire width of the four (4) streets on the eastern side of the project to the satisfaction of the Community Development Director and City Engineer. Resolution No. 2005 -2304 Page 7 10. Prior to occupancy of units 21 through 30, "D" Street shall be a private street, built to public street standards with a forty foot (40') curb -to -curb width, subject to approval of the Community Development Director and City Engineer. Concurrent with map recordation, the applicant /developer shall grant an irrevocable offer of dedication for public street purposes for the entire length and width of "D" Street to the City. Parking shall be permitted on both sides of "D" Street. 11. The developer shall clearly disclose, in writing, to all purchasers of units within Tract 5425 that vehicular and pedestrian access may be granted through "B ", "C ", "D ", and "E" Streets for the benefit of the properties to the east. The wording of the disclosure shall be to the satisfaction of the community development director and city attorney. Concurrent with map recordation, the developer shall grant an irrevocable offer of dedication for public street purposes for the entire length and width of said streets to the City. The developer shall install a sign notifying residents that there is a dedicated easement for future access. 12. Prior to or concurrently with approval of the Final Map the applicant shall grant the City public access easements to the Arroyo Simi for future trail and recreational purposes. The exact location of said easements will be subject to the approval of the Community Development Director and the City Engineer. Concurrent with the completion of the southerly block fence /wall the applicant shall install a gate in the southern project boundary fence /wall for access to the Arroyo by the public in the event that a trail or recreational facility is installed along the Arroyo. The gate shall be locked until such time as a trail or such facility is installed and access is granted. 13. Left -turn vehicular ingress and egress shall be prohibited to and from Los Angeles Avenue. Prior to occupancy of the first dwelling unit, signage shall be installed subject to the approval of the City Engineer. 14. Prior to the issuance of any building permit in the FEMA identified 100 -year floodplain A Federal Emergency Management Agency (FEMA) approved Conditional Letter of Map Revision (CLOMR) shall be provided to the City Engineer. 15. Concurrent with map recordation, the applicant shall provide, as part of the street improvement plans, a public service easement within the private streets, subject to Resolution No. 2005 -2304 Page 8 approval of the Community Development Director and City Engineer. 16. The sound wall adjacent to Los Angeles Avenue shall be no less than eight (8') feet in height measured from the development side, with the final location, design and height to be approved by the Community Development Director. Prior to occupancy of the first dwelling unit, the sound wall shall be constructed across the reach of Fremont Street frontage so that there is a continuous noise wall connecting Tract 5133 and this Tract. A pedestrian access shall be provided from the northerly end of Fremont Street to Los Angeles Avenue. Design of the access shall be approved by the Community Development Director and the City Engineer. 17. Majestic Court shall be designed with a forty (40') foot curb -to -curb width. The total right -of -way design shall be subject to the approval of the Community Development Director and the City Engineer. 18. Prior to the close of sale of each dwelling unit, the applicant shall provide a written acknowledgement statement to the buyer indicating that the buyer is aware that the dwelling unit is either in the FEMA identified 100 -year floodplain or may be in it in the future. Additionally, the acknowledgement shall indicate that the buyer acknowledges that if the dwelling is in the FEMA identified 100 -year floodplain that the buyer understands that flood insurance will be required. A copy of each statement shall be provided to the City and shall be kept as part of the building permit file. 19. Prior to the approval of a Final Map, if the applicant has not received a CLOMR from FEMA for the entire site, the applicant shall add a non - mapping data sheet to the map set showing the extent of inundation and shall place a prominent note on the map indicating that no construction may occur on lots within the floodplain until a CLOMR has been issued removing the lots from the floodplain. 20. Prior to approval of the Final Map, the applicant shall pay an amount to cover the costs associated with a crossing guard for five years at the then current rate when paid, plus the pro -rata cost of direct supervision for one crossing guard location and staff's administrative costs (calculated at fifteen percent (15 %) of the above costs). Resolution No. 2005 -2304 Page 9 21. Prior to the release of final building permit for the 102" dwelling unit the applicant shall place the overhead power lines underground on the east side of the Fremont Street neighborhood and shall pay for the lateral connections to the houses on both sides of Fremont Street. The developer shall grant a sufficient amount of time, approved by the Community Development Director and the City Engineer, to allow for the lateral connections prior to the undergrounding. Alternatively, if necessary, the developer shall pay for and the city shall initiate a Rule 20B for undergrounding of the overhead lines and lateral connections. 22. The ultimate general plan and zoning boundaries for the Floodway /Open Space area shall be consistent with the northerly boundary of the Ventura County Watershed Protection District wetlands dedication as shown on the final map of Tract No. 5425. 23. Prior to recordation of the first final map, a back -up assessment district shall be formed to provide for permanent maintenance of the underground detention facility within the recreation area. 24. Prior to recordation of the first final map, a Landscape Maintenance District shall be formed for maintenance of landscaping on the Los Angeles Avenue frontage and public streets within Tract 5425. 25. Prior to occupancy of the first dwelling unit, "A" Street shall be improved to a thirty -six foot (36') curb -to -curb width and shall include a landscaped parkway and sidewalks on the east and west side. There shall be no parking on the west side of "A" Street. The final design of "A" Street shall be subject to final review and approval of the Community Development Director and City Engineer. Resolution No. 2005 -2304 Page 10 STANDARD CONDITIONS A. For compliance with the following conditions contact the Planning Division of the Community Development Department: 1. The Conditions of Approval of this Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinances and adopted City policies at the time of tentative map approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 2. Recordation of this subdivision shall be deemed to be acceptance by the Applicant and his /her heirs, assigns, and successors of the conditions of this Map. A notation which references Conditions of Approval shall be included on the Final Map in a format acceptable to the Community Development Director. 3. This Vesting Tentative Tract Map shall expire three (3) years from the date of its approval. The Community Development Director may, at his /her discretion, grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if Applicant can document that he /she has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least thirty (30) days prior to the expiration date of this approval. 4. The Applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the Applicant of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the Applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. Resolution No. 2005 -2304 Page 11 a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The Applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the Applicant. The Applicant's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision. 5. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. All mitigation measures are requirements of the Vesting Tentative Tract Map and Residential Planned Development Permit, as applicable. 6. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 7. Where conflict or duplication between the Mitigation Monitoring and Reporting Program (MMRP) and the Conditions of Approval occurs and applicability for compliance is questioned by the Applicant, the Community Development Director shall determine the applicable condition compliance requirements for each phase of development. 8. Prior to Approval of the Final Map, the Applicant shall submit to the Community Development Department and the City Engineer for review a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 9. Prior to approval of the Final Map, the Applicant shall pay to the City a fee for the image conversion of the final map and improvement plans, as determined by the Community Development Director, into an electronic imaging format acceptable to the City Clerk. 10. 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 Vesting Tentative Tract Map. The Applicant, permittee, or Resolution No. 2005 -2304 Page 12 successors in interest shall also submit to the Department of Community Development a fee to cover costs incurred by the City for condition compliance review of the Tentative Map. 11. Prior to issuance of a Zoning Clearance for grading, Applicant shall submit a complete Landscape 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 grading permit, or first Final Map approval, whichever occurs first. The Landscape Plan shall conform to the latest City of Moorpark Landscape Guidelines and Standards. 12. Prior to the issuance of a Zoning Clearance for grading the Applicant shall submit to the Community Development Director for review and approval a fencing, perimeter, gate, and privacy barrier wall plan, complete with related landscaping details, identifying the materials to be used and proposed wall heights and. All fences /walls along lot boundaries shall be in place prior to occupancy of each lot, 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 review the proposed connection of property line wall with existing fences and or walls on adjacent residential properties. The Applicant is required at his /her sole expense to provide a connection between existing structures and /or walls subject to the approval of the Director. Said connections shall be designed to limit removal and reconstruction of existing facilities where possible. The connection details shall, where possible, utilize the same type of materials, colors and textures as the existing structures. 13. Prior to issuance of a zoning clearance for grading permit, the Applicant 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 for review and approval by the Community Development Director. 14. Prior to Final Map approval, the Applicant shall provide an irrevocable offer to dedicate to the City any easements required for the City to access and maintain any landscaped Resolution No. 2005 -2304 Page 13 areas or drainage improvements outside of the public right - of -way, which have been designated to be maintained by the City. 15. If required by a Special Condition of Approval, an Assessment District [herein "Back -Up District "] shall be formed to fund future City costs, should they occur, for the maintenance of Parkway Landscaping, median landscaping or Drainage Improvements previously maintained by a Private Responsible Party and then assumed by the City. If a Back - Up District is formed, it shall be the intent of the City to approve the required assessment each year, but to only levy that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the following fiscal year. In the event the City is never required to assume the maintenance of any such improvements maintained by a Private Responsible Party, the amount of the annual assessment actually levied upon the affected properties would be minor amount, possibly zero. The City shall administer the annual renewal of the Back -Up District and any costs related to such administration shall be charged to the Fund established for such district revenues and expenses. 16. When it has been determined that it is necessary to form an Assessment District (including a Back -Up District), the applicant shall be required to undertake and complete the following: a. At least one hundred twenty (120) days prior to the planned recordation of any Final Map or the issuance of any Zoning Clearance for building permit, which ever comes first: i. submit the final draft plans for any irrigation, landscaping or Drainage Improvements [herein "Maintained Areas "] to be maintained by the Assessment District (including a required Back -Up District), along with any required plan checking fees; ii. submit a check in the amount of $5,000 as an advance to cover the cost of Assessment Engineering for the formation of the Assessment District [Note: Developer shall be required to pay for all final actual assessment engineering costs related to the Assessment District formation along with City administrative costs.]; Resolution No. 2005 -2304 Page 14 b. At least sixty (60) days prior to the planned recordation of any Final Map or the issuance of any Zoning Clearance for building permit, which ever comes first, submit to the City the completed, "City approved" plans for the Maintained Areas (landscaping, irrigation and National Pollutant Discharge Elimination System (NPDES) Drainage Improvements); C. Prior to the planned recordation of any Final Map or the issuance of any Zoning Clearance for building permit, which ever comes first, submit to the City a signed Petition and Waiver requesting formation of the Assessment District [Note: The Petition and Waiver shall have attached to it as Exhibit `A' the City approved final draft Engineer's Report prepared by the Assessment Engineer retained by the City.] 17. Prior to Final Map approval, the City Council shall determine which areas shall be maintained by a maintenance assessment district. 18. 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 of one- thousand- one- hundred -fifty dollars ($1,250.00) plus a check for a twenty -five dollar ($25.00) filing fee, both 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. 19. The 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 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. 20. During construction, the Applicant shall allow all persons holding a valid cable television franchise issued by the Resolution No. 2005 -2304 Page 15 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. The Applicant 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 the Applicant a list of Cable Franchisees upon the Applicant's request. 21. 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 Homeowner's Association 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. Such television services shall provide for the inclusion of the City of Moorpark government channel and other government and public access channels generally available within the City. 22. Prior to approval of Zoning Clearance for residential unit building permit, the Applicant shall pay fees in accordance with Section 8297 -4 of the City's Subdivision Ordinance (Parks and Recreation Facilities). 23. Prior to the issuance of a Zoning Clearance for construction for each residential unit, the Applicant shall make a contribution to the Moorpark Traffic Systems Management (TSM) Fund, on a per unit rate, to fund TSM programs or clean -fuel vehicles programs as determined by the City. The rate shall be calculated per Ventura County Air Pollution Control District guidelines in force at the time of issuance of the first Zoning Clearance. Commencing annually thereafter the Air Quality Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers Resolution No. 2005 -2304 Page 16 within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month of December over the prior month of December. In the event there is a decrease in the CPI for any annual indexing, the fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. B. For compliance with the following conditions please contact the City Engineer: General Conditions: 24. Prior to the recordation of the Final Map the Applicant 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. 25. Prior to the issuance of a grading permit or prior to the approval of a Final Map the Applicant 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. 26. 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. 27. 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. 28. All existing and proposed utilities shall be under grounded as approved by the City Engineer. This also includes all Resolution No. 2005 -2304 Page 17 existing above ground power lines adjacent to the project site that are less than 67Kv. 29. 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. 30. The Applicant shall provide all easements and rights -of -way granted to the City free and clear of all liens and encumbrances. 31. Prior to any work being conducted within any State, County, or City right -of -way, the Applicant shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. 32. Prior to the submit to the City Engineer clearly states within the 1 easements that approval of Final Map the Applicant shall Community Development Department and the for review a current title report, which all interested parties and lenders included Lmits of the subdivision as well as any affect the subdivision. 33. Any mapping that requires review and approval by the County of Ventura shall be concurrently submitted to the City Engineer for review and approval. The Applicant shall be responsible for all associated fees and review costs. 34. The Final Map shall be prepared by a California Registered Engineer meeting all of the provisions of the Subdivision Map Act. 35. Any lot -to -lot drainage easements and secondary drainage easement shall be delineated on the Final Map. Assurance in the form of an agreement shall be provided to the City that these easements shall be adequately maintained by property owners to safely convey storm water flows. Said agreement shall be submitted to the City Engineer for review and approval and shall include provisions for the owners association to maintain any private storm drain or National Pollution Discharge Elimination System, hereinafter NPDES system not maintained by a City Assessment District and shall be a durable agreement that is binding upon each future property owner of each lot. 36. On the Final Map, the Applicant shall offer to dedicate to the City of Moorpark all rights -of -way for public streets. 37. Prior to submittal of the Final Map for review and approval, the Applicant shall transmit by certified mail a Resolution No. 2005 -2304 Page 18 copy of the conditionally approved Vesting Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written evidence of compliance shall be submitted to the City Engineer. 38. 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. 39. Reactive organic compounds, Nitrogen oxides (ozone /smog precursor), and particulate matter (aerosols /dust) generated during construction operations shall be minimized in accordance with the City of Moorpark standards and the standards of the Ventura County Air Pollution Control District. When an air pollution Health Advisory has been issued, construction equipment operations (including but not limited to grading, excavating, earthmoving, trenching, material hauling, and roadway construction) and related activities shall cease in order to minimize associated air pollutant emissions. 40. 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 41. To minimize the water quality effects of permanent erosion sources, appropriate 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. 42. The following 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 6:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services and may be further restricted or prohibited should the City receive complaints from adjacent property owners. Resolution No. 2005 -2304 Page 19 No construction work is to be done on Sundays and City observed holidays pursuant to Section 15.26.010 of the Municipal Code. 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 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 six - hundred feet (600') 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 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. 43. The Applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Vesting Tentative Map, prepared by a Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete public improvements Resolution No. 2005 -2304 Page 20 and shall post sufficient surety guaranteeing the construction of all improvements. 44. The final grading plan shall meet all Uniform Building Code (UBC) and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 45. 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 thirty (30) days of completion of grading unless otherwise approved by the City Engineer. Irrigation and hydroseeding implementation shall be reviewed for constructability and adapted to the onsite construction schedule as applicable. Reclaimed water or a similar water source shall be used for dust control during grading, if available at the site. 46. 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 shall be implemented immediately. 47. 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. 48. 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. 49. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately eighteen (18 ") inches high, with curb outlet drainage to be constructed behind the back of the sidewalk Resolution No. 2005 -2304 Page 21 where slopes exceeding four (4') feet in height are adjacent to sidewalk. The Applicant shall use the City's standard slough wall detail during the design and construction. The City Engineer and Community Development Director shall approve all material for the construction of the wall. 50. During site preparation and construction, the Applicant shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. 51. 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. 52. 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. 53. The Applicant shall utilize all prudent and reasonable measures (including installation of a six (6') foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 54. Backfill of any pipe or conduit shall be in accordance with City of Moorpark Standard Specifications unless otherwise specified by the City Engineer. 55. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every two (2') feet of lift and one - hundred (100) lineal feet of trench excavated unless approved by the Geotechnical Engineer and the City Engineer. Test locations shall be noted using street stationing with offsets from street centerlines. 56. All vehicles in the construction area shall observe a fifteen -mile per hour (15 mph) speed limit for the construction area at all times. Resolution No. 2005 -2304 Page 22 57. During site preparation and construction, the Applicant shall construct temporary storm water diversion structures per City of Moorpark standards. 58. The entire site shall be graded at the same time. Pads shall be graded, planted and landscaped per the approved erosion control plans, SWPPP, and Stormwater Management Plan. 59. Prior to submittal of grading plans the Applicant shall have a geotechnical report prepared to the satisfaction of the City Engineer. 60. 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. 61. 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. 62. 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. 63. Monuments shall meet the City of Moorpark, County of Ventura Standards and shall be to the satisfaction of the City Engineer. 64. As a condition of the issuance of a building permit for each residential unit, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by the City in its sole and unfettered discretion. On the effective date of approval of this map, the amount of the Citywide Traffic Fee shall be Five Thousand, Seventy Five dollars ($5075.00) per dwelling unit and Twenty -Two Thousand, Eight Hundred Thirty -Eight Dollars ($22,838.00) per acre of institutional land on which the institutional land is located. Commencing January 1, 2006, 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 Resolution No. 2005 -2304 Page 23 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. 65. 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. 66. Prior to or concurrently with the Final Map and prior to any construction on State Highways an encroachment permit shall be obtained from Caltrans. Any additional rights -of- way required to implement the approved design for this work in the Caltrans right -of -way, including slope easements for future grading, shall be acquired by the Applicant and dedicated to the State in a manner acceptable to Caltrans and the City Engineer. All required dedications shall be illustrated on the Final Map. Proof of encroachment or other non -City permits and bonds shall be provided to the City Engineer prior to the start of any grading or construction activities. 67. Prior to or concurrently with the Final Map and prior to any construction for all streets, except for those under the jurisdiction of Caltrans the Applicant shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a California Registered Civil Engineer, enter into an agreement with the City of Moorpark to complete public improvements, and post sufficient surety guaranteeing the construction of all improvements. Public streets shall conform to City of Moorpark requirements including all applicable Americans with Disabilities Act (ADA) requirements. Street improvements shall be acceptable to the City Engineer and Community Development Director. 68. All streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision), unless noted otherwise in the conditions. 69. The street improvements shall include concrete curb and gutter, street lights, and signing, striping, interim striping and traffic control, paving, and any necessary transitions, to the satisfaction of the City Engineer. The City Engineer and the Community Development Director shall approve all driveway locations. The Applicant shall Resolution No. 2005 -2304 Page 24 dedicate any additional right -of -way necessary to make all of the required improvements. 70. Driveways shall be designed in accordance with the latest American Public Works Association (APWA) Standards. 71. 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 three and one -half (3.51) feet clear sidewalk width must be provided around the obstruction. 72. The Applicant shall submit wall and showing that provisions have been taken maintain proper sight distances. All other structures over six (61) feet submitted to and approved by the Cor Director and the City Engineer. landscaping plans to provide for and fences, walls and high are to be ununity Development 73. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. Prior to Final Map recordation, the Applicant shall pay all energy costs associated with public street lighting for a period of one (1) year from the acceptance of the street improvements. 74. Prior to or concurrently with the Final Map the Applicant shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete improvements and shall post sufficient surety guaranteeing the construction of all improvements. 75. The plans shall depict all on -site and off -site drainage structures required by the City. 76. 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. 77. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: a. All storm drains shall carry a ten (10) year frequency storm. Resolution No. 2005 -2304 Page 25 b. All catch basins shall carry a ten (10) year frequency 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 one - hundred (100) year frequency storm. 78. Under a ten (10) year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector streets shall have a minimum of one (1) dry travel lane in each direction. 79. "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 take care of storm water flows shall be provided to the satisfaction of the City Engineer. 80. Drainage grates shall not be used at any location accessible by pedestrian, bicycle or equestrian traffic. 81. The grading plan shall also show contours indicating the fifty- and one - hundred (50 & 100) year flood levels. 82. 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 to the maximum extent possible and shall be restricted from entering streets. Both storm drains and easements outside the public right -of -way are to be privately maintained unless otherwise approved by the City Council. 83. 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. 84. In order to comply with California Regional Water Quality Control Board requirements, no curb outlets will be allowed for pad drainage onto the street. The Applicant shall inform all new and future homeowners that future improvements such as pool construction or other private improvements require observance of the same requirements. Resolution No. 2005 -2304 Page 26 This notification agreement shall be acknowledged by each homeowner and recorded with each. 85. 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. 86. 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 Applicant shall make any downstream improvements, required by the City, to support the proposed development. 87. 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. 88. Prior to the issuance of a grading permit the Applicant shall demonstrate, for each building pad within the development area, that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a one - hundred (100) year frequency storm. b. Feasible access during a fifty (50) year frequency storm. C. Hydrology calculations shall be per current Ventura County Flood Control Standards. d. All structures proposed within the one - hundred (100) year flood zone shall be elevated at least one foot above the one - hundred (100) year flood level. 89. 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 eight (81) feet. In addition, all facilities shall have all - weather vehicular access. This design shall be to the satisfaction of the City Engineer. 90. The Applicant 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 Resolution No. 2005 -2304 Page 27 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). 91. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Applicant shall submit a Storm Water Pollution Control Plan (SWPCP) to be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002, to the satisfaction of the City Engineer. 92. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Applicant shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The Applicant shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan (SWPPP). 93. The Applicant shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of one or more acres." The Applicant shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 94. The Applicant shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 95. Prior to Final Map approval, the Applicant shall 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 (BMP's) 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. Resolution No. 2005 -2304 Page 28 96. 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. 97. 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 sixty (60) days prior to the filing of the Final 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. d. Prior to the issuance of a building permit for the first residence a copy of the recorded Map(s) shall be forwarded to the City Engineer for filing, and a final grading certification shall be reviewed and approved by the City Engineer. 98. Prior to acceptance of public improvements and bond exoneration reproducible centerline tie sheets shall be submitted to the City Engineer's office. Resolution No. 2005 -2304 Page 29 99. Prior to acceptance of public improvements and bond exoneration 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 (1) year following acceptance by the City. 100. Prior to acceptance of public improvements and bond exoneration original "as built" plans shall be certified by the Applicant'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" mylar sheets (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. For compliance with the following conditions please contact the Ventura County Fire Department: 101. Prior to combustible construction, an all weather access road /driveway suitable for use by a twenty (20) ton Ventura County Fire Protection District (Fire District) vehicle shall be installed. 102. All access roads /driveways shall have a minimum vertical clearance of thirteen feet six inches (13'6 "). 103. Public and private roads shall be named if serving more than four (4) parcels. 104. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center for review. 105. 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. 106. Address numbers, a minimum of four (4 ") inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at Resolution No. 2005 -2304 Page 30 night. Where structures are set back more than one- hundred- fifty (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. 107. Prior to or concurrently with the submittal of plans for building permits a plan shall be submitted to the Fire District for review and approval indicating the method in which buildings are to be identified by address numbers. 108. Prior to construction, the Applicant shall submit plans to the Fire District for placement of fire hydrants. On plans, show existing hydrants within five - hundred (500') feet of the development. Indicate the type of hydrant, number and size of outlets. 109. Prior to combustible construction fire hydrants shall be installed and in service and shall conform to the minimum standards of the City of Moorpark Water Works Manual. 110. 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. 111. Prior to map recordation, the Applicant shall provide to the Fire District, verification from the water purveyor that the purveyor can provide the required fire flow of one - thousand (1,000) gallons per minute at twenty (20) psi. 112. A copy of all recorded maps shall be provided to the Fire District within seven (7) days of recordation of said map. D. For compliance with the following conditions please contact the Ventura County Waterworks District No. 1: 113. Prior to issuance of a building permit, provide Ventura County Waterworks District the following: a. Water and sewer improvement plans in the format required. 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. Resolution No. 2005 -2304 Page 31 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. 114. 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. E. For compliance with the following conditions please contact the Ventura County Watershed Protection District: 115. No direct storm drain connections to Ventura County Watershed Protection District facilities shall be allowed without appropriate Best Management Practices (BMP's) for compliance with Ventura Countywide Stormwater Program. Resolution No. 2005 -2304 Page 32 Exhibit B SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT (RPD) 2003 -02 SPECIAL CONDITIONS 1. Residential Planned Development No. 2003 -02 is approved per the submitted site plan as modified by the conditions contained in this resolution. 2. Enhanced landscaping, as determined by the Community Development Director, valued at $177,872.00 ($47,548.00 for Tract No. 5425 and $130,324.00 for Tract No. 5133) shall be distributed over both projects (Tract Nos. 5425 and 5133) and the recreation area to create a balanced and unified atmosphere in the development. Should this tract not be developed, the conditions of Tract No. 5133 would remain in full force. Should Tract No. 5133 not be developed, enhanced landscaping valued at $47,548.00 shall be installed. 3. A Homeowner's Association maintained recreation area shall be provided at the southeast corner of the site. A recreation building, a swimming pool, and a play area with equipment shall be required within the recreation area. The final design and architecture shall be subject to the approval of the Community Development Director prior to or concurrently with the approval of the landscape plans. Should the recreation area for Tract No. 5133 be built, it shall remain, and the recreation area for Tract No. 5425 shall also be built in accordance with these conditions of approval. 4. Any future homeowner improvements to the individual homes and the exclusive use area shall follow the City's RPD (residential planned development) zone Development Standards. Said standards shall be incorporated into the Covenants, Conditions and Restrictions for this project. 5. There shall be no improvements allowed in the front yards of the individual homes and exclusive use areas. This includes, but is not limited to, fences, lighting, pilasters and fountains. 6. The front setback for each unit shall not be less than eighteen (18') feet. Resolution No. 2005 -2304 Page 33 7. The rear setback for each unit shall not be less than thirteen (13') feet. 8. There shall be no less than three (3') feet of clearance between side yard block walls and allowable interior protrusions. 9. The sound wall adjacent to Los Angeles Avenue shall be no less than eight (8') feet in height, when measured from inside of the project, with the final design and height to be approved by the Community Development Director, subject to ultimate pad elevations. The design of the sound wall shall also provide for a pedestrian opening at Fremont Street subject to approval of the Community Development Director and the City Engineer. 10. A fence /wall plan shall be required. Location, design, material and height of all fences and walls shall be approved by the Community Development Director. Interior walls shall be a minimum height of six (6') feet from the highest finished grade. 11. A solid decorative block wall, a minimum of eight feet (8') in height from the finished grade of the Fremont Street Tract and a minimum of six feet (6') in height from the finished grade of Tract 5425, shall be installed along the western boundary of the site, adjacent to the Fremont Street tract. Where possible, a single combined retaining /privacy wall, no less than eight feet (8') and no higher than ten feet (10') shall be provided. In the event that an alternative design is required, the Community Development Director may approve a stepped retaining wall with a privacy wall at the top of the slope. The final location and design, including wall heights, retaining walls and sound walls, shall be subject to approval by the Community Development Director. 12. The landscape plan shall incorporate, to the satisfaction of the Community Development Director, natural vegetation in the transition area to the Arroyo at the southern portion of the development. 13. Architectural enhancements, plant -ons shall be require subject to the approval Director. 14. The detached housing units the side walls, to avoid such as window reveals and d on side and rear elevations of the Community Development shall include articulation of having an entire side of the Resolution No. 2005 -2304 Page 34 building on a single plane, to the satisfaction of the Community Development Director. 15. It shall be the responsibility of the homeowner association to maintain Fremont Street and other designated private streets, the front yards of the units within this subdivision, the recreation area(s), project private streets, common area landscaping, and walls and fences. The Community Development Director and the City Engineer shall make the final determination as to the extent of homeowner association maintenance. 16. Pads 99 to 102 shall be redesigned to create a condition of consistent front yards on Fremont Street. The precise pad location shall be approved by the Community Development Director prior to map recordation. 17. Pads 45 and 46 shall be redesigned to provide a safe distance between Los Angeles Avenue and any driveways. The precise pad location shall be approved by the Community Development Director prior to map recordation. 18. Pads 16 to 35, inclusive, shall be redesigned to provide for "D" Street to be widened to forty -feet (40'). 19. The developer shall provide twenty (20) affordable dwelling units on site. Five (5) units shall be reserved for moderate income purchasers, nine (9) units shall be reserved for low income purchasers and six (6) units shall be reserved for very -low income purchasers consistent with the City's purchase and sale agreement. A Purchase and Sale Agreement shall be executed prior to or concurrently with the recordation of the first final map. The affordable dwelling units shall be distributed throughout the tract. The amenities, including but not limited to concrete tile roofs, air conditioning /central heating, washer /dryer hookups, garbage disposal, built -in dishwasher, concrete driveway, automatic garage door opener, flooring, countertops in the affordable units shall be identical to the base level of amenities provided in the production units. 20. Noise attenuation construction shall be required on all units affected by the noise generated from Los Angeles Avenue to the satisfaction of the Community Development Director. At a minimum the following items shall be provided: Resolution No. 2005 -2304 Page 35 a. All second story windows along Los Angeles Avenue shall be double glazed window assemblies or an equivalent with a minimum STC 33 rating. b. All rear and side entry doors of the homes on Pads 1 through 5, and Pad 45, shall be gasketed (jamb, head, sill) with interlocking or tube -type compression weather- stripping, or an effective equivalent. C. All exterior vents on the homes on Pads 1 through 5, and Pad 45, shall be directed away from Los Angeles Avenue in order to reduce noise transmissions into the house through vents and ducts. STANDARD CONDITIONS A. For compliance with the following conditions please contact the Community Development Department: 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 ". 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. All conditions of Vesting Tentative Tract Map No. 5425 shall apply to this residential planned development permit. 3. Unless the Residential Development Permit is inaugurated (building foundation slab in place and substantial work in progress) not later than three (3) years after this permit is granted, this permit shall automatically expire on that date. The Community Development Director may, at his /her discretion, grant up to two (2) 1 -year extensions 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 three -year period and the Applicant has concurrently requested a time extension to the Tentative Tract Map. The request for extension of this entitlement shall be made at least thirty (30) days prior to the expiration date of the permit. 4. Prior to occupancy of each dwelling unit the Applicant shall install front yard landscaping as approved on the landscape plans. Resolution No. 2005 -2304 Page 36 5. No expansion, alteration or change in architectural elements that are visible from any abutting street shall be allowed, unless in the judgment of the Community Development Director such change is compatible with all dwellings having frontage on the same street and located within two - hundred (200') feet (or as otherwise determined by the Community Development Director) of the side property line of the structure proposed for expansion or alteration, subject to the review and approval of the Community Development Director consistent with these approved conditions and Zoning Code requirements. 6. All air conditioning or air exchange equipment shall be placed at ground level, may not be placed in a sideyard setback area within fifteen (15') feet of an opening window at ground floor level of any residential structure, and shall not reduce the required side yards to less than five (5') feet of level ground. 7. 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. 8. Garages shall maintain a clear unobstructed dimension of twenty (20') feet in length and ten (10') feet in width for each parking stall provided with a minimum of two garage - parking stalls required for each dwelling unit. 9. 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. 10. Prior to the issuance of a Zoning Clearance for construction, working drawings, grading and drainage plans, plot plans, final map (if requested by the Community Development Director), sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. B. For compliance with the following conditions please contact the Engineering Division: 11. The City Engineering Conditions of Approval for Vesting Tentative Tract Map No. 5425 apply to Residential Planned Development Permit No. 2003 -02. Resolution No. 2005 -2304 Page 37 C. For compliance with the following conditions please contact the Ventura County Fire Department: 12. All conditions of Vesting Tentative Tract Map No. 5425 shall apply. D. For compliance with the following conditions please contact the Ventura County Waterworks District No. 1: 13. All conditions of Vesting Tentative Tract Map No. 5425 shall apply. E. For compliance with the following conditions please contact the Police Department: 14. 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. F. For compliance with the following conditions please contact the Moorpark Unified School District: 15. 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. -End- Resolution No. 2005 -2304 Page 38 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) ss. I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2005 -2304 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th day of April, 2005, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Parvin, and Mayor Hunter NOES: None ABSENT: Councilmember Millhouse ABSTAIN: None WITNESS my hand and the official seal of said City this 26th day of April, 2005. Deborah S. Traffenstedt, City Clerk (seal)