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HomeMy WebLinkAboutAG RPTS 2002 0325 PC REGMOORPARK 1 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 PLANNING COMMISSION REGULAR MEETING AGENDA March 25, 2002 7:00 p.m. Next Resolution No. PC- 2001 -422 1) CALL TO ORDER: 2) PLEDGE OF ALLEGIANCE: 3) ROLL CALL: William F. Otto, Chair Kipp Landis, Vice Chair Mark DiCecco Paul Haller Janice Parvin ------------------------------------------------------------------- Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Presentation /Action /Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Presentations /Action /Discussion item must do so during the Public Hearing or Presentations /Action /Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting and for Presentation /Action /Discussion items prior to the beginning of the first item of the Presentation /Action /Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the. beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Presentation /Action /Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Presentation /Action /Discussion items. Copies of each item of business on the agenda are on file in the office of the Community Development Department/Planning and are available for public review. Any questions concerning any agenda item may be directed to the Community Development Department at 517 -6233. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 517 -6223. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102 - 35.104; ADA Title II). 020325 -pca 3121102 6:07 PM Packet to CM ❑Packet to CC F'AI HIUK HUNT tR ROSEANN MIKOS CLINT HARPER KEITH F. MILLHOUSE JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Councilmember PLANNING COMMISSION MEETING AGENDA March 25, 2002 Page 2 4) PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 5) REORDERING OF, AND ADDITIONS TO THE AGENDA: 6) CONSENT CALENDAR: 7) PUBLIC COMMENTS: 8) PUBLIC HEARINGS: A) industrial Planned Development Permit No. 2000 -10, a request to Construct an Approximately 113,994 Square Foot Mini - Warehouse /Office Building on a 112,184 Square Foot Parcel Located at 875- Los Angeles Avenue, at the Northwest Corner of Los Angeles Avenue and Goldman Avenue, on the Application of Asadurian Investments (Assessor Parcel No. 511 -0- 070 -55). (Tabled and re- advertised from special meeting of November 13, 2001). Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC -2002- recommending to the City Council denial of Industrial Planned Development Permit No. 2000 -10. B) Tentative Tract Map No. 5307 for subdivision of approximately 2.44 acres into twenty -two lots, Residential Planned Development Permit No. 2001 -01 for construction of 22 single family homes, General Plan Amendment No. 2001 -01 to change the land use designation from S (School) to VHD (Very High Density) and Zone Change No. 2001 -01 to change the zoning from R -2 (Two Family Residential) to RPD (Residential Planned Development) and a Variance (VAR) to allow a sound wall up to 11.5 feet in height. Staff Recommendations: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Consider the proposed Mitigated Negative Declaration to ensure that it adequately addresses the impacts of the proposed residential project prior to making a recommendation; 3) Adopt Resolution No. PC 2002- recommending to the City Council approval of General Plan Amendment No. PLANNING COMMISSION MEETING AGENDA March 25, 2002 Page 3 2001 -01; 4) Adopt Resolution No. PC 2002 - recommending to the City Council approval of Zone Change No. 2001 -01; 5) Adopt Resolution No. PC 2002- recommending to the City Council approval of Residential Planned Development No. 2001 -01, Tentative Tract Map No. 5307, and Variance No. 2002 -01 subject to conditions of approval. 9) DISCUSSION ITEMS: 10) ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 11) ADJOURNMENT: ITEM 8 A . MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Planning Commission FROM: Paul Porter, Principal Planner Deborah S. Traffenstedt, Acting Community Development Director DATE: March 14, 2002 (PC Meeting of March 25, 2002) SUBJECT: Consider Industrial Planned Development Permit No. 2000 -10, a request to Construct an Approximately 113,994 Square Foot Mini - Warehouse /Office Building on a 112,184 Square Foot Parcel Located at 875 Los Angeles Avenue, at the Northwest Corner of Los Angeles Avenue and Goldman Avenue, on the Application of Asadurian Investments (Assessor Parcel No. 511 -0- 070 -55) BACKGROUND: This project was originally heard by the Planning Commission on September 24, 2001, and continued to November 13, 2001 (public hearing open) to allow the applicant time to address Planning Commission recommended modifications. Recommended Planning Commission modifications included enhancing the landscaping along Los Angeles and Goldman Avenues; increasing the stacking distance at the entry; modifying the architecture for the building elevations; increasing the interior truck turning radius; increasing the width of the reciprocal easement with the property to the west; increasing building setbacks along Los Angeles and Goldman Avenues; and reducing the setback along the western property line. The revised project submitted to the Planning Commission for review at the continued public hearing on November 13, 2001 had been extensively revised, including increasing the size of the project from 116,811 square feet to 148,010 square feet, a twenty —seven percent (27 %) increase. Buildings B and C originally proposed to be interior two - story buildings separated by a drive aisle were replaced with one three -story building with elevators rather than a S: \Community Development \Everyone \Planning Commission Agenda Reports \020325 IPD2000 -10 Asadurian rev rptl.doc IPD 2000 -10 Planning Commission Staff Report March 25, 2002 Page 2 ramp providing access to the upper levels. the substantial increase in square footage combined with the new three -story building, taken off calendar with direction to staff the public hearing once the applicant mad revisions to the plans. DISCUSSION: As a result of of the project the project was to re- advertise e the requested Since the continued Planning Commission hearing on November 13, 2001, the applicant has modified the proposed project to incorporate Planning Commission and staff recommended changes to the plot plan and elevations. These revised elevations, which are attached for the Planning Commission's review, have incorporated the following modifications: • Additional glazing on the elevations along Los Angeles Avenue and Goldman Avenue. • The tower on the corner incorporates clear glazing that allows the elevator to be seen from the street. • Colors of the buildings have been rearranged to provide additional interest. • The interior building has been modified to provide additional visual interest as viewed from Goldman Avenue. • Two of the original three buildings have now been consolidated into one building leaving a total of two buildings, Building A, the perimeter building, and Building B the interior building. • The access gate and fence is proposed to be constructed of tubular steel to allow view of the interior of the site from Goldman Avenue. • The number of parking spaces has been increased to thirteen (13), which includes two (2) within a garage. • The stacking area adjacent to Goldman Avenue has been increased to 53' -0 ", not including the sidewalk area. • Internal circulation of the site has been modified per the recommendation of City Engineering staff. • Additional landscaping has been added to provide adequate landscaped setbacks. • Approximately 618" of landscaping has been provided along the northerly property line. IPD 2000 -10 Planning Commission Staff Report March 25, 2002 Page 3 • The building setback along Los Angeles Avenue has been increased to thirty feet (301) with a minimum setback of twenty feet (201) along Goldman Avenue. • The reciprocal access easement along the westerly property line will remain and has increased by approximately five feet (51). • Building A has been placed closer to the west property line to eliminate the unutilized area between the project site and the adjacent property. INCONSISTENCY WITH ZONING ORDINANCE, GENERAL PLAN GOALS AND POLICIES: As revised, the proposed project is consistent with the Zoning Code requirements regarding setbacks, height, landscaping and parking. However, there is a concern that this project is in conflict with several goals and policies of the City General Plan (Land Use Element), in particular Goal 13, Policy 13.1 and 13.2 (Economic Development and Employment) which encourages a balanced job /housing ratio, and new commercial and industrial uses which generate long- term employment opportunities and diversify the community's employment base. At this time the City has insufficient jobs for the number of proposed houses and has limited remaining undeveloped commercial /industrial land in which to create a housing /job balance. The concern is that a Mini - Warehouse facility does not generate long -term employment opportunities or assist the City with its goal of maintaining a housing /job balance. Policy 17.2 (Community Appearance) of the Land Use Element states that new development shall be compatible with the scale and visual character of the surrounding neighborhood. Although the applicant has responded to Planning Commission and staff comments, the size of the building could be considered out of scale with the size of other industrial development in the area. The recommended Floor Area Ratio (FAR) in the Land Use Element for the Medium Industrial (I- 2) land use designation is .38. With this project, the gross site area is 112,184 square feet with a floor area of 113,994 square feet, which provides a 1.02 FAR, greater than the recommended FAR for Medium Industrial (I -2) land use designation. IPD 2000 -10 Planning Commission Staff Report March 25, 2002 Page 4 The project site is located along Los Angeles Avenue, a major arterial and is, therefore, very visible. The size of the proposed buildings is out of scale with the surrounding development and not consistent with the visual character of other recently approved industrial projects within the City. Section 17.44.030 of the Zoning Ordinance states that a Planned Development Permit is a permit based on a discretionary decision required prior to initiation of uses. In order to recommend approval of this project to the City Council, the Planning Commission would need to determine that this project is consistent with the General Plan, including Land Use Element goals and policies. SUMMARY: Although this proposed project meets Zoning Ordinance requirements related to parking, setbacks, building height and landscaping, the proposed use appears inconsistent with several previously stated goals and policies of the Land Use Element of the General Plan. In addition, the size of the proposed buildings is out of scale and not consistent with the visual character of other recently approved industrial projects within the City. STAFF RECOMMENDATION: 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2002- recommending to the City Council denial of Industrial Planned Development Permit No. 2000 -10. ATTACHMENTS: 1. Planning Commission staff report for hearing on September 24, 2001 (minus attachments) 2. Planning Commission staff report for hearing on November 13, 2001 (minus attachments) 3. Project Exhibits 4. Draft Resolution City of Moorpark Community Development Department Staff Report PLANNING COMMISSION MEETING DATE: September 24, 2001 AGENDA ITEM NO.: ENVIRONMENTAL ASSESSMENT: A Negative Declaration has been prepared and is subject to the recommendation of the Planning Commission and final action of the City Council. LOCATION: The proposed project is located 875 Los Angeles Avenue which is at the northwest corner of the Los Angeles Avenue and Goldman Avenue. RECOMMENDATION SUMMARY: Continue public hearing open to November 8, 2001. \ \MOR_PRI_SERV\ home_ folders\ PPorter \M \Ipd20- 10 \92401.pc.doc Industrial Planned Development Permit for a IPD 2000 -10 119,650 square foot mini - warehouse /office building. PC action is a recommendation to the CC who will take final action. APN 1511-0-070-55 Negative Declaration CEQA APPLICANT: Asadurian Investments ENVIRONMENTAL ASSESSMENT: A Negative Declaration has been prepared and is subject to the recommendation of the Planning Commission and final action of the City Council. LOCATION: The proposed project is located 875 Los Angeles Avenue which is at the northwest corner of the Los Angeles Avenue and Goldman Avenue. RECOMMENDATION SUMMARY: Continue public hearing open to November 8, 2001. \ \MOR_PRI_SERV\ home_ folders\ PPorter \M \Ipd20- 10 \92401.pc.doc Planning Commission Staff Report September 24, 2001 Industrial Planned Development Permit No. 2000 -10 Page No. 2 BACKGROUND AND PRIOR ACTIONS: On September 26, 1985, Development Plan - DP 335 and DP 336 were approved on the subject property by the Planning Commission (Reso PC 85 -60) for an equipment rental yard. Major Modification No. 1 to this Development Plan was approved on October 8, 1986 (Reso PC 86- 115) to permanently allow a permanent status for a modular building to serve as an office and sales /rental facility. Minor Modification No. 1 was approved on September 2, 1992 for fuel storage tanks, and on November 20, 1997 Permit Adjustment 97 -11 was approved for an additional fuel storage tank. There have been two recent Code Enforcement actions at this site, the first of which was for the removal of a previously required wall on the south property adjacent to Los Angeles Avenue. The second violation was for occupancy of a contractors service and storage yard without a permit or Zoning Clearance. Enforcement action for the wall violation was started on December 7, 1999 and closed on February 23, 2001 upon verification of the replacement of the wall. The contractors storage yard code action was formally begun on February 21, 2001 and remains open as the yard continues to operate in violation of the Zoning Ordinance provisions requiring an Industrial Planned Development Permit. ORDINANCES AND POLICIES: Section 17.20.060 of the Zoning Ordinance requires the filing and approval of a Industrial Planned Development Permit for the construction of buildings in the M -2 (Limited Industrial) zone. Section 17.24.020B of the Code sets forth the criteria for setbacks, height limitation and in the "notes" section requires the buildings in commercial and industrial zones to comply with setbacks from the edge of right -of -way of existing and planned two (2), four (4) and six (6) lane roads when they are depicted in the adopted Circulation Element of the General Plan. Planning Commission Staff Report September 24, 2001 Industrial Planned Development Permit No. 2000 -10 Page No. 3 GENERAL PLAN /ZONING DESIGNATION: Direction Gen.Pln Zoninq Land Use Site: I -2 CPD equipment storage /rental North: I -2 M -2 Industrial South: VH RPD Approved compact lots /SFD East: I -1 M -1 Industrial West I -2 M -2 Industrial Definitions: VH (Very High Density Residential -15 units /acre maximum), I -1 (Light Industrial), I -2 (Medium Industrial), RPD (Residential Planned Development), M -1 (Industrial Park), M -2 (Limited Industrial) PROJECT DESCRIPTION: The Industrial Planned Development Permit process for IPD 2000 -10 will establish the design and control for this proposed two -story 119,650 square foot mini - warehouse /office complex. A thirty one (31) foot wide curb -cut is proposed on Goldman Avenue, approximately one hundred forty (140) feet north of Los Angeles Avenue. There are a total of three buildings, two of which are located in the center of the complex, each approximately two hundred fifty (250) feet long by sixty (60) feet wide. The two buildings will be separated by a thirty (30) foot wide driveway which leads to a ramp providing vehicle access to the second story storage units. Building "A" proposed to be located around the perimeter of the site, will also house a combination two -story mini - warehouse /office building consisting of 56,227 square feet of warehouse, 2,584 square feet of office and parking stalls. This building encompasses all four sides of the property with the exception of the entrance along Goldman Avenue. A total of fifteen (15) parking spaces will be provided for visitors, three (3) parking spaces at the entrance and twelve (12) parking spaces in Building "A ". All of the proposed parking spaces are located on the site behind locked gates. Planning Commission Staff Report September 24, 2001 Industrial Planned Development Permit No. 2000 -10 Page No. 4 The following are the site specifications for this proposed development: Site Square Footages Building Site Coverage 58,119 sf (51.8 %) Landscape Site Coverage 17,882 sf (15.9 %) Hardscape Coverage 36,194 sf (32.3 %) Gross Site Area 112,195 sf (100 %) Managers Office (Included in Building "A") Managers Office - Ground Level 899 sf Managers Office - Second Level 1,685 sf Managers Office Garage - Garage 570 sf Total 3,154 sf Mini - warehouse Building "A" 56,227 sf Building "B" 30,292 sf Building "C" 30,292 sf Total 116,811 sf Buildings: This project consists of three (3) buildings, two of which are interior to the site (Building "B" and "C ") and Building A which is located around the perimeter. Buildings "B" and "C" are approximately twenty two (22) feet high. Exterior.finishes include a combination of split face masonry block (Los Angeles Block -warm gray color), metal paneling with a factory applied finish (color: DBCI Buckskin), a standing seam metal roof (color: Galvalume Unfinished metal panel). The overhead metal roll -up doors have a factory applied color of DBCI Buckskin. The east and west elevations do not have the standing seam metal roof. As the end elevations of Building "B" and "C" will be seen from Goldman Avenue, these elevations should be modified to reflect design features similar to those found on the street elevations for Building "A ". Planning Commission Staff Report September 24, 2001 Industrial Planned Development Permit No. 2000 -10 Page No. 5 SITE DEVELOPMENT: Architecture: The applicant's architect has discussed this project with staff for the purpose of developing an architectural design that would be considered compatible with development within the community. Several drawings have been submitted for review and consideration. The proposed architecture is of an eclectic style which incorporates some aspects of Mediterranean as well as modernistic features which include many features and materials utilized in other industrial buildings in the surrounding area such as opaque glass (Spandral Glass) storefront windows, the use of split face block combined with a standing seam metal roof and the use of a tower element. BUILDING "A" could make a more pronounced architectural statement and enhance the street scene through the utilization of additional splitface courses or other materials which would minimize the monolithic look. Incorporating the use of a soldier course at the top of the buildings and /or or other design features and /or color combinations to enhance the visual appearance would be appropriate. As previously noted, the east and west elevations of Building "B" and "C" should be modified as they will be seen from outside the property. Access Gate: The proposed white access gate located at the entry along Goldman Avenue is seven (7) feet high and is proposed to be constructed of wrought -iron which will allow visibility of the site interior from the street. It is suggested that in order to restrict the view of the interior of the site from the public right -of -way and enhance the overall aesthetic value of the proposed buildings, that the gate be constructed of solid metal, painted to match the building and with design elements that soften the appearance of the gate from Goldman Avenue. Parking: Section 17.32 of the City's Municipal Code (Parking, Access and Landscape Requirements), establishes parking and landscaping requirements for industrial projects. As shown below, this proposed project has a total of thirteen (13) parking spaces which meets the minimum requirement of nine (9) spaces for the proposed office and four (4) for the mini - warehouse. The following are the Planning Commission Staff Report September 24, 2001 Industrial Planned Development Permit No. 2000 -10 Page No. 6 parking requirements for the project: Proposed Use Parking Required Proposed Spaces Mini - warehouse 4 4 Office 9 9 Total 13 13 Although the proposed project has the minimum number of required parking spaces, staff has a concern that since most of the parking is located within the interior of the site and that access to the interior is restricted, that parking for customers visiting the office could become problematic since the access is proposed to be locked. The applicant has indicated that a plan addressing this issue would be provided at the Planning Commission hearing on September 24, 2001. Vehicular Stacking at Entry: The stacking distance at the entrance on Goldman Avenue is approximately thirty seven (37) feet between the gate and the public right -of -way which may accommodate one average size truck and trailer. The City Engineer indicated during the initial review of this project, that the stacking area from the street was not sufficient to safely accommodate vehicles entering the site. This is particularly important because: a) the proposed use for both mini - warehouse and office increases the number of vehicular traffic to the site, 2) It takes time to open the gate at the entryway which would serve to potentially block the public right -of -way at the entrance along Goldman Avenue, and 3) Stacking of vehicular traffic entering this site along Goldman Avenue will create a traffic safety issue. The City engineer has indicated an additional twelve (12) to fifteen (15) feet of stacking is necessary in order to alleviate traffic safety concerns along Goldman Avenue. Internal Circulation: As depicted on the over within the site cannot without hitting one or interior of the site bE drive aisles, modifying to provide safe turning L11 Site /Roof Plan, truck turning movements be accomplished by moving van size trucks more buildings. It is suggested that the modified by increasing the width of the the shape of the buildings, or other means movements. Planning Commission Staff Report September 24, 2001 Industrial Planned Development Permit No. 2000 -10 Page No. 7 Height Section 17.24.020B of the Municipal Code allows a maxim height of a building in the M -2 zone of thirty (30) feet with approval of the decision - making authority allowing buildings to be increased to a height up to sixty (60) feet. With the exception of the tower element which has a height of forty (40) feet to the top of the roof, the height of the main building is twenty eight (28) feet. As the tower acts as an architectural element to enhance the architectural theme of Building "A" and the height is in scale with the size of the proposed buildings, the height of forty (40) feet for the tower element may be appropriate. Loading Area: Section 17.32.090 of the Zoning Ordinance requires industrial developments over 3,000 square feet to have a loading zone unless it can be demonstrated that a loading zone is not necessary in which case this case can be waived by the Director of Community Development. In self storage facilities, customers park their cars or trucks in the driveway in front of their storage locker. In this case, it is recommended that due to the type of use, loading zones not be required, therefore this provision of the code can be recommended to be waived. Loading zones have not been required for other mini - warehouse facilities such as A to Z Self Storage and Moorpark Self Storage. LandscaninQ Adjacent to Los Angeles Avenue: Section 17.24.020B of the Zoning Ordinance requires a minimum thirty (30) foot building setback from four lane arterial streets with a minimum of ten (10) feet of landscaping along the street frontage. As proposed, this project provides an average of approximately twenty eight (28) feet of landscaping adjacent to Los Angeles Avenue which is consistent with landscaping provided with other recently approved projects along the Los Angeles Avenue corridor. Although there is a sufficient amount of landscaping area along the Los Angeles Avenue frontage, staff suggests additional tress, ground cover and mounding of landscaping so as to help soften the look of the building fagade. Landscaping Adjacent to Goldman Avenue: The applicant proposes an average of approximately fifteen (15) Planning Commission Staff Report September 24, 2001 Industrial Planned Development Permit No. 2000 -10 Page No. 8 feet of landscaping along Goldman Avenue with meets the minimum requirement for landscaping adjacent to a local street, but this setback is not consistent with the industrial building contiguous to the north which has a setback of approximately twenty eight (28) feet. It is suggested the applicant increase the amount of landscaped area along the street frontage of Goldman Avenue. This will also serve to provide additional stacking area at the entrance. Overall Site Landscaping: Approximately 12.4% of the site is covered by landscaping which exceeds the minimum ordinance requirement of 100. All site landscaping, with the exception of three (3) landscaping pockets located along the northerly property line adjacent to an existing parking lot, is located adjacent to the two streets. The three (3) landscaped pockets on the north building elevation are not adequate to soften the expansive building fagade as viewed from the adjacent industrial building and Goldman Avenue. In order to soften the building fagade, staff suggests that the building be relocated approximately eight (8) feet inside the north property line and that an eight (8) foot landscape area consisting of trees, shrubs, ground cover and vines be required which would extend the entire length of the property line. This would soften the visual impact created by the three hundred ten (310 ) foot long building expanse of the mini - warehouse as it abuts the existing parking lot of the adjacent building. Setbacks: Section 17.24.020B of the Zoning Ordinance requires a minimum thirty ( 3 0 ) foot building setback from any four ( 4 ) and six ( 6 ) lane arterial streets shown on the Circulation Element. The minimum setback from the front property line to the building along Los Angeles Avenue is approximately twenty seven (27) feet which does not meet the minimum thirty (30) foot building setback required by Ordinance. For all existing and planned local connector streets, the minimum required building setback is twenty (20) feet. As the building setback along Goldman Avenue is approximately fifteen (15) feet, the proposed project does not meet the minimum setback required by the Zoning Ordinance. The site plan must be revised to meet the minimum required setbacks. The Ordinance allows interior setbacks for industrial projects not adjacent to residential zones to be established as part of the Planning Commission Staff Report September 24, 2001 Industrial Planned Development Permit No. 2000 -10 Page No. 9 permit review process. As previously discussed in this report, staff suggests the building setback along the north property line be increased from a zero (0) setback to eight (8) feet to allow the opportunity for landscaping to soften the view of the building from Goldman Avenue and to provide an additional visual buffer from the parking lot located contiguous to along the northern property line. The proposed setback for Building "A" along the westerly property line north of the existing reciprocal access easement is shown at approximately two (2) feet from property line-. There is an existing industrial building located north of the reciprocal access easement that has been built on the property line. As currently proposed, the mini - warehouse building is located two feet east of the west property line which would create a two (2) foot space between buildings. This area would be difficult to maintain, collect debris would be unattractive as viewed from Los Angeles Avenue and create an opportunity for potential criminal activity. To avoid these potential issues, it is suggested the building location be modified to have the building placed on the property line. Reciprocal Access Easement Along the Westerly Property Line According to the applicant, there is an existing reciprocal access easement along the western portion of the property which is approximately 12 116" wide and is currently utilized by both this property and the adjacent industrial building to the west. This reciprocal access easement begins at the southwest property line and continues north for approximately one hundred twenty (120) feet. The reciprocal access easement allows ingress /egress to both the applicant's property at the southwest portion-of the site, and to the parking lot to the adjacent industrial building on the west. The proposed project will eliminate need for a secondary access from the west. Automobiles have difficulty getting in or out of the parking stalls because the existing drive aisle /parking stall width (approximately 381) does not meet the minimum Ordinance width requirement for parking lots with ninety (90) degree parking (451) required. In order to provide minimum adequate ingress /egress for this parking area, it is suggested that this applicant be required as a condition of this permit to increase the width of the existing reciprocal access easement by an additional ten (10) feet. This Planning Commission Staff Report September 24, 2001 Industrial Planned Development Permit No. 2000 -10 Page No. 10 would allow sufficient width to provide landscaping along the east side of the parking lot adjacent to the proposed min - warehouse building and allow sufficient width for the parking lot and drive aisle. ENVIRONMENTAL DETERMINATION: Pursuant to California State law, an evaluation has been conducted to determine if the proposed project will have a significant effect on the environment, and based upon an Initial Study and analysis of available information, it was found that there is substantial evidence that the potential effects of the proposed project on the environment will not have a significant effect on the environment; therefore a Negative Declaration is recommended to be adopted in compliance with the State of California Environmental Quality Act Guidelines (CEQA) . SUMMARY: The proposed mini - warehouse /office building facility, based upon the current zoning designation of the site (M -2) can be considered to be an acceptable use from the zoning /land use perspective. However, from an appearance and functioning perspectives, improvements are required as described in this report. The following is a summary of recommended changes to the project required to achieve compatibility with neighboring properties, avoid potential safety issues, achieve consistency with code provisions and result in a functional development. • Provide enhanced landscaping along Los Angeles and Goldman Avenues; provide a minimum eight (8) foot landscaping buffer along the northerly property line adjacent to Building "A"; provide additional landscaping along Goldman Avenue to be consistent with the adjacent industrial building to the north of the project site. • Increasing the stacking distance at the entry to a minimum distance as required by the City Engineer. • Modify the architecture for the east elevation of Building "B" and "C" as well as the building elevations facing Goldman and Los Angeles Avenues. • Increasing the interior turning radius to accommodate truck for a sixty (60) feet throughout the interior of the site. • Increase the width of the reciprocal easement with the property Planning Commission Staff Report September 24, 20.01 Industrial Planned Development Permit No. 2000 -10 Page No. 11 to the west of this project by an additional ten (10) feet. • Increase building setbacks along Los Angeles and Goldman Avenues, along the northerly property line and along the westerly property line adjacent to the existing industrial building fronting Los Angeles Avenue. • Revise the location of Building "A" along the western property line north of the existing reciprocal access easement to be placed on the property line. Project Conditions: Due to the several recommended changes to the project, staff has not included the draft resolution or conditions for this Planning Commission hearing. RECOMMENDATIONS: 1. Open the public hearing, accept public testimony. 2. Continue this request to the meeting of November 12, 2001, hearing open with direction to project applicant concerning recommended modifications. ATTACHMENTS: 1. General Plan 2. Zoning Map 3. Initial Study and Negative Declaration 4. Project Exhibits MEMORANDUM TO: Planning Commission FROM: Paul Porter, Principal Planner Deborah Traffenstedt, Acting Director of Community Development DATE: November 5, 2001 (PC Meeting of November 13, 2001) SUBJECT: CONSIDER A REQUEST FOR APPROVAL OF INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 2000 -10 ON THE APPLICATION OF ASADURIAN INVESTMENTS TO CONSTRUCT AN APPROXIMATELY 118,650 SQUARE FOOT MINI - WAREHOUSE /OFFICE BUILDING ON A 112,195 SQUARE FOOT PARCEL LOCATED AT 875 LOS ANGELES AVENUE WHICH IS AT THE NORTHWEST CORNER OF THE LOS ANGELES AVENUE AND GOLDMAN AVENUE, ASSESSOR PARCEL NO. 511 -0- 070 -55 (Continued from 9/24/01 - public hearing open) . BACKGROUND: This project was heard on September 24, 2001 and continued to November 13, 2001 (public hearing open) tto allow the applicant time to address Planning Commission recommended modifications. In order to assist in improving the appearance and functioning perspectives, achieve compatibility with neighboring properties, avoid potential safety issues, achieve consistency with code provisions and result in a functional development, staff recommended modifications presented at the Planning Commission hearing on September 24, 2001 included the following: • Provide enhanced landscaping along Los Angeles and Goldman Avenues; provide a minimum eight (8) foot landscaping buffer along the northerly property line adjacent to Building "A"; provide additional landscaping along Goldman Avenue to be consistent with the adjacent industrial building to the north of the project site. ATTACHMENT2,.., IPD 20 -2 Planning Commission Staff Report Page 2 • Increase the stacking distance at the entry to a minimum distance as required by the City Engineer. • Modify the architecture for the east elevation of Building "B" and "C" as well as the building elevations facing Goldman and Los Angeles Avenues. • Increase the interior truck turning radius to accommodate truck for a sixty (60) feet radius on all drive aisles throughout the interior of the site. • Increase the width of the reciprocal easement with the property to the west of this project by an additional ten (10) feet. • Increase building setbacks along Los Angeles Avenue to thirty (30) feet and twenty (20) feet on Goldman Avenue, along the northerly property line and along the westerly property line adjacent to the existing industrial building fronting Los Angeles Avenue. • Revise the location of Building "A" along the western property line north of the existing reciprocal access easement to be placed on the property line. After review of the staff report, receipt of public testimony and review of the proposed project, the Planning Commission made the following recommended modifications to the project. The applicant was requested to make appropriate changes to the project and bring the revisions back to the Planning Commission on November 13, 2001 for further consideration. Planning Commission recommended modifications to the project include: • Increase exterior vehicle stacking in order to reduce potential traffic safety issues. • Enhance interior turning movements to facilitate 18- wheelers entering and exiting the site. • Provide a landscape buffer area along the westerly property line adjacent to the existing reciprocal access easement. • Enhance architecture, including second story office space windows. • Increase setback along Goldman Avenue to not less than twenty (20) feet and increase setback along Los Angeles Avenue to not less than thirty (30) feet to meet Ordinance requirements. • Add additional landscaping along areas visible from public streets. IPD 20 -2 Planning Commission Staff Report Page 3 DISCUSSION: Since the Planning Commission meeting on September 24, 2001, the applicant has extensively revised the site plan and elevations which are included with this transmittal for the Planning Commission's information. The proposed project has substantially changed from that seen by the Planning Commission on September 24, 2001. Most notably, the project has increased from 116,811 square feet to 148,010 square feet, a 27% increase, and Buildings B and C originally proposed to be the two interior two -story buildings separated by a drive aisle are now proposed to be one three -story building with elevators rather than a ramp providing access to the upper levels. As a result of the substantial increase in square footage of the project combined with the new three -story building, this project will need to be renoticed for a new public hearing. It is suggested that the Planning Commission make comments concerning the plan as currently modified. The applicant can make any further revisions prior to bringing this project back to the Planning Commission at a new public hearing. Applicant's Modifications: The applicant's architect has made several additional modifications to the project site plan and elevations since last public review: • Architecture of the buildings have changed by placing additional glazing along both street frontages, adding clear glazing to the tower element located at the corner allowing the elevator to be seen from the street. • The proposed colors of the buildings have not changed, but have been used differently to provide additional interest. • Buildings B and C have been combined from two story buildings to one larger three -story building. • The elevations for Building B have been modified to provide additional diversity. • The access gate has been modified to be constructed of tubular steel, which allows visibility into the interior of the site. IPD 20 -2 Planning Commission Staff Report Page 4 • The entry to the site has been relocated farther north now proving a total of thirteen (13) parking spaces, two (2) of which will be provided at the interior of the site, and eleven (11) spaces on the exterior outside the entry gate. It should be noted that the parking stalls which show a length of eighteen (18) feet do not meet minimum requirements (Zoning Code requires twenty (20) feet minimum length. In addition, a minimum twenty five (25) foot drive aisle must be provided (the plan shows twenty-four ( 2 4 ) feet. • The redesign increases the stacking area to approximately fifty three (53) feet, not including the sidewalk. • Interior circulation has been increased to allow for a greater turning radius. • Between six (6) and eight (8) feet of landscaping has been provided along the northerly elevation of the building. • The building elevation along Los Angeles Avenue has been set back thirty ( 3 0 ) feet from the property line and the setback has been increased to a minimum of twenty (20) feet along Goldman Avenue to meet the minimum setback as specified in the Zoning Ordinance. • The westerly building elevation of Building A has been moved to the westerly property line. Recommended Modifications Not Completed: Landscaping Adjacent to Goldman Avenue The revised site plan shows between ten (10) and twenty (20) feet of landscaping along Goldman Avenue, which meets the minimum requirement for landscaping adjacent to a local street, but remains inconsistent with landscaping provided for the industrial building contiguous to the north (which has a setback of approximately twenty eight feet). Reciprocal Access Easement and Landscaping Along the Westerly Property Line There is an existing reciprocal access easement along the western portion of the property which is approximately 1216" wide and is currently utilized for access to both the subject property and the adjacent industrial building to the west. This reciprocal access easement begins at the southwest property line and continues north for approximately one hundred twenty (120) feet. The IPD 20 -2 Planning Commission Staff Report Page 5 reciprocal access easement allows ingress /egress to both the applicant's property at the southwest corner of the site, and to the parking lot to the adjacent industrial building on the west. The proposed entry will eliminate the need for a secondary access from the west. The existing drive aisle /parking stall width (approximately 38') does not meet the minimum Ordinance width requirement for parking lots with ninety (90) degree parking (45') required. In order to provide minimum adequate ingress /egress for this parking area, the existing reciprocal access easement must be increased by an additional ten (10) feet. This would allow sufficient width to provide landscaping along the east side of the parking lot adjacent to the proposed mini - warehouse building and allow sufficient width for the parking lot and drive aisle. It was also suggested that landscaping be provided along the west property line. Although these modifications have not been completed, the applicant's architect has indicated that the reciprocal access easement will be increased and that landscaping will be provided along the west property line. The architect indicated these changes will be incorporated with additional Planning Commission recommended modifications prior to the next Planning Commission hearing. Conclusion: J Because the project resubmitted to the Planning Commission for review and comment has changed substantially with the increase in the total square footage of the buildings from 116,811 square foot to 148,010 square feet, the two interior two -story buildings being modified to one three - story building, and the entryway reconfiguration, this project will need to be renoticed for a new public hearing. It is suggested that the Planning Commission make comments concerning the plan as currently modified and direct staff to readvertise the public hearing when the project complies with Zoning Code and incorporates staff and Planning Commission recommendations. IPD 20 -2 Planning Commission Staff Report Page 6 RECOMMENDATIONS: 1. Accept public testimony, close the public hearing, and provide the applicant with comments on the resubmitted project. 2. Direct staff to readvertise the public hearing due to the project changes, when the project complies with Zoning Code and incorporates staff and Planning Commission recommendations. ATTACHMENT: Project Exhibits ` �� . e 0 2 M 2 t-11 PROJECT DATA Mom In 0~� "low�� au OVERALL SITE /ROOF PLAN f rAM • MAO M�AI1roEM�rtm , V M Is Irv= f� Ra OWN UK saws MW ON 0 romp u"M rm rr wruw MINE M&W Tpl not L NA~ rMY M MM r ORMW AM,OIO!{ Rim t wow 16000 "am YM aFIRM /IIU Pow MAL LUM! PAU" YAM C Me 1jA Maw! nu Was vu =1111C rM Or1�tiJ�:AI tli,Rr,AA ANNA AN= MWA� cwxr- YAM11/ AAA UNA mvwnon Alf WE� Amon AMU Y7w"r, carom ow FAvow W440 him= CARAT RE CAMU c AMf,C,1 !W/d Tim MCMW"M IAPM MIK GuRvou am PACr1a2 Wwm LOS MLsft ES AYENUE— a!rwa0 � r M so _ _a — — — — —NV — — — — YICINI� MAP OVERALL SITE /ROOF PLAN d ��� ' ��&W,!sSsociate5- ASADURIAN INVESTMENTS � t.. M N MOORPARK ADVANCE STORAGE 87SNEWLOSANGELESAVENUE DAM oo Oct 1• • Tw�irw � ArCAlteCtwre MeA, [state MOORPAR!(, GIUPOIPNV� 9302 � Aga M wee+ 21]!M r iae AIOaO LA.e 6217 M` 875 NEW LOS ANGELES AVENUE, MOORPARK, CALIFORNIA a ! Ot ;,� o; Q ID a� M«„�;;� �: GROUND LEVEL FLOOR PLANS ssQciates P�SApURIAN INVESTMENTS � t�•. �''`� = _ — MOORPARK ADVANCE STORAGE ��,. , • Architecture Reel Estate MOORP WCAU->ORW93� M �I+ooaPn�c.cluiro�wn930 i "°"O1d 0fJro, �i t. w' woRfiwIMO a.fot prtilt7 875 NEW LOS ANGELES AVENUE, MOOWARK, CALIFORNIA S-2"2n �u.o� n OWUV " '�' M'• letew °t E, �KWALMM t `. ; t.•�..ttttea..�m. i/ OI W'� 1 ��fift•�f�1 ■■. J ENVIED All"amall . • 1.1fl�ff. fl�fl.f - ■ ■.. ■ a. ■�■ �... 1 a... ■ ■- /. I ta.� r a. ■. ■ ..la... Iauss/aa.. ■ 1. t a...1 _..., a...l 1' 1. 1 /aus a. 1 of f\ l J. ■.. l 1 .. 1 a.l. 1 �.. . 1 1'.. 1a... Ia■.■ IJ■.■ -.a I'll. t /...t a \.l .1Ja ..' -{ I' a , a... I aHL"'..a ■ I' I■ 1 as ■■ �..{.Ja..I aa.a. { .., as as 1a...I AMR not _t 1 .. I aft ■■ 1 J...1 al. on, _.A • 1411119 1 _fl.f . __. • .. f •. I a. ■ � 1 a... I a... I . I u I au. I a\..r 1s. .a•.1� 1' -+. I aa..1 a■ ■.I a...1 a 1 1. I a. .a .L.\ .. LJ. u . u 1'•+.Ia... Ia..f.I�s. Ia ED .,... =Coco oo ©oo ,w. ,W. 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T _ A.CNItfCturf fool Estate 875 NEW LOS ANGELES AVENUE, MOORPARK, CALIFORNIA "'OOW'y"`' OM"�02' FA[SNAU 530.0264 01 aasol ~ ' Ito r :11 ».T�Me� CAVAT* •�'+.ii� m„ I mo, \ taut w�Q y 0 m ` fl 1 I i w' n e' • • N• IRTAI PO&M W MA ruKA=WITGNnW WK m vWa11 am sm"M =1A 11� 0� M -101 COM mm fwlaf MCWM I" MRIIaC f>rMW MW canal PALVV w p iw v fAOil omm u MW .Tana uia ea.Tri naafi 1A 1wr► MX6 W-M WM erTelrl ceart r1Anflt MA rum ae aMae fAAawaTaenart rRk FFF-- � �Kt rwlar aaa L04a! lM1P2 M0001M OCJW WFlrt Caal.IllOa MDCC �hd 0T GROSS ECTION THROUGH THE SITE ] ATI�NS CROSS SECTION �"°` �'�"°' °°°" - sociates EXTERIOR ELEV ASADURIAN INVESTMENTS , n ��. - MOORPARK ADVANCE STO GE 87SNA`C"�A ao�T1, µppRp/�p(, U! 1FOWWA 93021 "�0�a as im 'r"""' awr a taw 11e.e C�.� A-217 iHEPFlom 5.30-0069 1100:1 h �� 1.' n�• c+a.nfmla 875 NEW LOS ANGELES AVENUE, MOORPARK, CALIFORNIA FAa MU OW) �2" a1 •� M �..... � - ammrm r wow MOM 000110 Never mom, warm w w eras are METAL ROOF TO WALL WAM I,, 1 TYPICAL FOOTING * ; I® DECORATIVE METAL HEAD „' "; Q7 DECORATIVE METAL SILL , wAL' ( ewiw aura . as w wt �MwLr as w OVERHEAD DOOR HEAD ,'V'n"W © DOOR HEAD- STOREFRONT MGM r Yew M rwl r eewma wow wr OVERHEAD DOOR THRESHOLD ,N ;, 1® \-gWwm . wr w nFA 2U Vw t I GATE POST HINGE ,„ d ww "law X;: r VEHICLE RAMP FOOTING rn 06"u" r� ■ NAM am rrsw TUBE STEEL FENCE , w. OS STANDARD PARKING STALL Iw/wZ. Mw L. *R•W wwo ull ww AY raw . ' r DOOR SILL - STOREFRONT 1® ENCLOSURE GATE LOCK , O9 ROLUNO ENTRY GATE ,,l © HANDICAP PARKING STALL � O3 BUILDING DETAILS ASADURIAN INVESTMENTS ' u(, �= 875 NEW M Associares OORPARK ADVANCE STORAGE MOORP RK, ANGELES �E 011 All 96 • ,� • Atthoto[1u • R•.i Estate 875 NEi></ LOS ANGELES AVENUE, MOORPARI� CALIFORNIA MOORPARK, CALIFORNIA a oai t y c. Tae... o'do AS3 TELEPHONE (BOS) 530-0089 z3 OCT a Gy 0011 wv�+• r�3 FACSIMILE )805) 530-T" ,°nova Jeo •��`\ :ww n,.wad:c.oeT +��eaia VIEW FROM SOUTHEAST CORNER ° � �. � ,t� u� - ASADURIAN INVESTMENTS S... /Wj�LsociatP5 MOORPARK ADVANCE STORAGE 875 NEW LOS ANGELESHVeAlE �.ce,'.<<,,.. t.•' Estate MOORP/1RK, GIUFORNY193021 Ewsraa as ua y,� UAW E -267 a gr a i »3s E. roe IIeN 875 NEW LOS ANGELES AVENUE, MOORPARK, CALIFORNIA ' HONE j , 5 °°� n OCT a " y fo .Ra �::° ; r; ".'� FACSIMILE (805) 5340264 i.NOVa 'Ames.dates- 0.e..a..mn RESOLUTION NO. PC -2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL DENIAL OF INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 2000 -10, LOCATED AT 875 NEW LOS ANGELES AVENUE, ON THE APPLICATION OF ASADURIAN INVESTMENTS (ASSESSOR PARCEL NO. 511 -0- 070 -55 AND 56) WHEREAS, at a duly noticed public hearing on September 24, 2001, continued public hearing on November 13, 2001, and re- noticed public hearing on March 25, 2002, the Planning Commission considered Industrial Planned Development No. 2000 -10 on the application of Asadurian Investments for a 113,994 square foot mini - warehouse /office building on a 112,184 square foot parcel located at 875 Los Angeles Avenue at the northwest corner of Los Angeles Avenue and Goldman Avenue (Assessor Parcel No. 511- 0 -070- 55); and WHEREAS, at its meeting of September 24, 2002, the Planning Commission opened the public hearing and took public testimony and continued the item, public hearing open, to November 13, 2002, at which meeting the Planning Commission took the item off calendar; and WHEREAS, at a duly renoticed public hearing /on March 25, 2002, the Planning Commission opened the public hearing, took public testimony, and closed the public hearing; and WHEREAS, the Planning Commission after review and consideration of the information contained in the staff reports and public testimony, has reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. A balanced job /housing ratio and industrial uses which generate long -term employment opportunities and diversify the employment base is a paramount concern to the Planning Commission. SECTION 2. Based o reports, public testimony Planning Commission; the "Project" is inconsistent n information contained in the staff and other information presented to the Planning Commission finds that the with the General Plan in that: ATTACHMENT 4 Resolution No. PC -2002- IPD 2000 -10 (Asadurian Investments)) Page 2 1. The "Project" does not generate long -term employment opportunities, assist in providing a job /housing balance, or diversify the community's employment base. 2. The "Project" is not compatible with the scale and visual character of the surrounding neighborhood. The recommended Floor Area Ration (FAR) in the Land Use Element for the Medium Industrial (I -2) land use designation is .38. With this project, the gross site area is 112,184 square feet with a floor area of 113,994 square feet which equates to a 1.02 FAR which is significantly greater than the recommended FAR for the Medium Industrial (I -2) land use designation. SECTION 4. The Planning Commission recommends to the City Council denial of Industrial Planned Development Permit No. 2000- 10 because the "Project" is inconsistent with goals and policies of the General Plan. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF MARCH, 2002. William F. Otto, Chair ATTEST: Deborah S. Traffenstedt Acting Community Development Director ITEM 8. 8 City of Moorpark Community Development Department Staff Report PLANNING COMMISSION MEETING DATE: March 25,2002 AGENDA ITEM NO.: 8. B. AGENDA REPORT PREPARED BY: Joyce Parker - Bozylinski, Planner and Deborah S. Traffenstedt, Acting Community Development Director RPD 2001 -01 Residential Planned Development Permit, TTM 5307 Tentative Tract Map, General Plan Amendment GPA 2001 -01 and Zone Change to allow 22 -lot subdivision; and Variance for an 11.5 -foot high sound wall. ZC � 2001 -01 (VAR 1 2002 -01 t IAP N 512 -0 -11 -112 CEQA T Mitigated Negative Declaration 11APPLICANT: Colmer Development Company REQUEST: Tentative Tract Map No. 5307 for subdivision of approximately 2.44 acres into twenty -two lots. Residential Planned Development Permit No. 2001 -01 for construction of a 22 single family homes, General Plan Amendment No. 2001 -01 to change the land use designation from S (School) to VHD (Very High Density) and Zone Change No. 2001 -01 to change the zone from R -2 (Two Family Residential) to RPD (Residential Planned Development) 9 dwelling units /acre and a Variance (VAR) to allow a sound wall up to 11.5 feet in height. ENVIRONMENTAL ASSESSMENT: A Mitigated Negative Declaration (MND) was prepared for the project. LOCATION: Located on the northeast corner of Los Angeles Avenue aiiu r.Lary riVeiiue, %.lzy vi MUU.Lyain. w ROBERTS AVE. - > PROJECT h NORTH c SITE ESTHER .VE 4 a 11717777 i 1 SHERMAN AVE. LOS ANGELES AVE. RECOMMENDATION SUMMARY: Recommend approval to City Council with conditions. Planning Commission Staff Report RPD 2001 -01, TT5307 March 25, 2002 Applicant: Colmer Development Page No. 2 RECOMMENDATION SUMMARY: Recommend approval to City Council with conditions. BACKGROUND The subject application for the subdivision and development of a portion of the Flory School site to construct 22 single - family dwellings was submitted on March 25, 2001. Since submittal of the application, staff has been working with the applicant to resolve incompleteness issues. The Flory School site, located at 30 Flory Avenue, consists of approximately 12.02 acres and includes the Flory Elementary School, Moorpark Unified School District administrative offices and until recently school bus vehicle maintenance operations and a school bus parking lot. These two latter operations have now been moved to an industrial building purchased by the School District on Maureen Lane and the applicant is in escrow with the School District to purchase the property where these operations used to be located (approximately 2.44 acres of the 12.02 acre site). The offices of the Moorpark Food Pantry and Catholic Charities are housed temporarily in the building commonly referred to as the bus barn. When the applicant approached the City about developing the site for residential uses, an Ad hoc committee consisting of the City Manager, two City Council members (Mayor Hunter and Councilmember Harper), the applicant and school district representatives was formed to discuss the issues related to developing the site. These issues, including Los Angeles Avenue street improvements, interior street design, setbacks and landscape parkways, are discussed in further detail in the staff report. In addition, the City Council exempted this site from the requirements of Resolution No. 99 -1578 regarding General Plan Amendment (GPA) Pre - screening procedures; since the site had been in review for some time and assessment by the Affordable Housing /Community Development Committee during a GPA Pre - screening process would be a duplication of effort. ORDINANCES AND POLICIES A Planned Development Permit requires a discretionary decision to authorize development and use on a site. Chapter 17.36.010 establishes standards for residential planned development zones and Chapter 17.32 of the Municipal Code establishes standards for parking, access and landscaping. The application includes a request for a General Plan Amendment and Zone Change to change the existing land use designation and zone S: \Community Development \Everyone \Planning Commission Agenda Reports \020325 RPD 2001 -01 Colmer Rpt revl.doc Planning Commission Staff Report RPD 2001 -01, TT5307 March 25, 2002 Applicant: Colmer Development Page No. 3 district for the property. Since the City Council is the final decision making body for legislative requests, it is the City's policy to forward all the related permits to the City Council for final action. Therefore, the Planning Commission action on this item will be a recommendation to the City Council. LAND USE DESIGNATION /ZONING /ADJACENT LAND USE Direction General Plan Zoning Land Use Site: North NA NA Los Angeles Avenue South S R -2 Flory Elementary School East M R -1 Single Family Dwellings West NA NA Flory Avenue Definitions: R -2 (Two Family Dwelling, M (Medium Density 4 DU /Acre) and S (School). DISCUSSION The proposed residential subdivision will occupy the southern 2.44 acres of the existing Flory School site. The subdivision, which will abut Los Angeles Avenue between Flory Avenue and the Ventura County drainage channel, includes a rectangular piece of property approximately 217.48 feet by 489.95 feet. The northern boundary walls will be constructed approximately 45 feet from the school building currently used as a Sheriff Substation. This will essentially block the existing parking spaces located in front of the building. In order to provide vehicular access around the building, the School District will need to restripe the area to provide a driveway in lieu of the existing parking spaces. Access to the subdivision will be provided from Flory Avenue. The proposal includes the creation of a new east /west street shown as "A" Street on the Tract Map. Eleven residential lots will be located on each side of "A" Street, which dead ends into a hammerhead turn around at the eastern School District property line over the drainage channel. The applicant is currently negotiating with the City regarding the development of the City owned parcels located on the northwest corner of Los Angeles Avenue and Millard Street. General Plan Amendment and Zone Change The application includes a request to change the existing General Plan land use designation from S (School) to VHD (Very High Density). Using a gross acreage of 2.446, the requested density is S: \Community Development \Everyone\Planning Commission Agenda Reports \020325 RPD 2001 -01 Colmer Rpt revl.doc Planning Commission Staff Report RPD 2001 -01, TT5307 March 25, 2002 Applicant: Colmer Development Page No. 4 approximately 9 dwelling units an acre and using a net acreage (minus "A" Street and other public right -of -way dedications) the requested density would be 12 dwelling units an acre. In addition to a General Plan Amendment, a Zone Change would be required to change the property from R -2 (Two family Residential) to RPD (Residential Planned Development) 9 dwelling units /acre. Tentative Tract Map The Residential Planned Development (RPD) section of the Zoning Code specifies that the RPD permit shall determine the minimum lot size. Tentative Tract Map No. 5307 subdivides approximately 2.44 acres into twenty -two lots ranging in size from 3,275 square feet to 4,478 square feet as follows: Lot 1 41112 sq. ft. Lot 2 3,305 sq. ft. Lot 3 31445 sq. ft. Lot 4 3,442 sq. ft. Lot 5 3,458 sq. ft. Lot 6 3,458 sq. ft. Lot 7 3,458 sq. ft. Lot 8 3,477 sq. ft. Lot 9 31494 sq. ft. Lot 10 3,414 sq. ft. Lot 11 3,275 sq. ft. Lot 12 4,478 sq. ft. Lot 13 3,582 sq. ft. Lot 14 3,511 sq. ft. Lot 15 3,477 sq. ft. Lot 16 31485 sq. ft. Lot 17 31458 sq. ft. Lot 18 31458 sq. ft. Lot 19 3,442 sq. ft. Lot 20 3,445 sq. ft. Lot 21 3,305 sq. ft. Lot 22 41195 sq. ft. The applicant is proposing a small lot subdivision that maintains an interior "Z" lot line on every other lot. In "Z" lot subdivisions, the front portion of a side property line is off set five feet (51) from the back portion of the side property line. Each lot grants a five -foot (5') wide easement to the adjacent property either in the front or rear of the property. For instance, Lot 2 would grant a five -foot (5') easement along the front side property line to the adjacent Lot 3 and in turn Lot 3 would grant a five -foot (5') easement along their rear side property line. This allows each home to maintain a minimum side yard setback of five feet (5') but allows the adjacent property owner to utilize this feet (5') for driveway and yard purposes. Two separate and distinct house plans are utilized in this type of small lot subdivision. These are often referred to as a "Two Pac" plan as described below. Residential Planned Development The applicant is proposing three building footprints shown on the site plan as Plan 1, Plan 2, and Plan 3. Plan 1 consists of 1,259 S: \Community Development \Everyone \Planning Commission Agenda Reports \020325 RPD 2001 -01 Colmer Rpt revl.doc Planning Commission Staff Report RPD 2001 -01, TT5307 March 25, 2002 Applicant: Colmer Development Page No. 5 square feet with a 400 square foot garage and Plan 2 consists of 1,456 square feet with a 400 square foot garage. The garage for Plan 1 is located 20 feet from the front property line and the garage for Plan 2 is located approximately 44 feet from the front property line. These two house plans make up the "Two Pac" that works with the "Z" lot line subdivision. Essentially the useable outdoor space for Plan 1 is located at the rear of the house where for Plan 2, which is located further back on the lot, the area in front of the garage is utilized as useable outdoor space. This area is typically gated to provide the privacy and security found in rear yard areas. Gates are shown as optional on the landscape plan; however, a condition has been added that would require the applicant to provide vehicular gates on the Plan 2 lots. The third house plan, Plan 3, consists of 1,138 square feet and has a 450 square foot garage (which includes the laundry area). Plan 3 will be located on the end lots (lots 1, 11 and 22) and will be utilized to provide the three required affordable housing units. The living area for Plan 3 is 1,138 square feet and incorporates a combined living and dining area shown as the "great room" and provides only one bathroom on the second story. Setbacks The RPD zone establishes setbacks for market -rate, single- family residential projects and market -rate multifamily projects, but specifies that the Planning Commission or City Council as part of the RPD permit can modify these setback standards. The applicant is requesting approval of setbacks that would be consistent with a small lot subdivision. The proposed setbacks vary slightly based on the configuration of the lot. The following chart specifies the minimum setbacks: While the project does not include rear yard patios, the individual homeowner typically requests these after they purchase the home. Since setbacks are established as part of the RPD permit, it would be desirable to establish setbacks for patio covers and other accessory structures as part of this permit to prevent future problems for the new homeowners. A condition has been added that requires all patio covers and other accessory structures to maintain a 10 -foot rear yard setback and a 5 -foot side yard S: \Community Development\Everyone \Planning Commission Agenda Reports \020325 RPD 2001 -01 Colmer Rpt rev Ldoc Plan 1 Plan .2 Plan 3 Front 16 ft. 16 ft. 20 ft. Garage 20 ft. 48.84 ft. 20 ft. Interior Side 5 ft. 5 ft. 5 ft. Street Side NA NA 5' Rear 10' 20 ft. 12 ft. While the project does not include rear yard patios, the individual homeowner typically requests these after they purchase the home. Since setbacks are established as part of the RPD permit, it would be desirable to establish setbacks for patio covers and other accessory structures as part of this permit to prevent future problems for the new homeowners. A condition has been added that requires all patio covers and other accessory structures to maintain a 10 -foot rear yard setback and a 5 -foot side yard S: \Community Development\Everyone \Planning Commission Agenda Reports \020325 RPD 2001 -01 Colmer Rpt rev Ldoc Planning Commission Staff Report RPD 2001 -01, TT5307 March 25, 2002 Applicant: Colmer Development Page No. 6 setback. This requirement will provide sufficient area to allow a covered patio on each of the lots either located in the rear of the building or in the case of Lot 11, on the side of the building. Architectural Style All the homes are proposed as two -story structures with Mediterranean style architecture. The applicant is proposing to utilize three different architectural styles including Spanish, French Country and Tuscany. Utilizing these three styles on two different building plans (Plan 1 and Plan 2) allows a total of six different building elevations. The proposed roofs will be either "S" tile or flat tile. The Tuscany plan incorporates stone around the window or window base, wood shutters, wrought iron balcony and stucco corbels. The French Country plan incorporates wood shutters, wooden potshelf at the bottom of some of the windows, decorative metal vents and a metal roof on a bay window. The Spanish plan incorporates stucco corbels, arched windows, decorative tile and a wrought iron element over one of the windows in Plan 2. The rear and side elevations of each unit are relatively unadorned. A condition has been added that would require the applicant to provide additional window treatment around all second story rear windows as these windows would be visible from either Los Angeles Avenue or the adjacent public school. The condition also includes a requirement to provide the additional window treatment on the second story side windows for the two homes that abut Flory Avenue (Lots 1 and 22) because the second story will be visible from both Los Angeles Avenue and Flory Avenue. Additional window treatment on the second story windows on the east side of the home proposed on Lot 11, which will be visible from Los Angeles Avenue, is also required. The predominant front elevation of Plan 3 consists of the garage elevation and the second story above the garage since it is narrower than the other two building plans. The main pedestrian entrance on the Plan 3 home is located on the side of the house and is not visible from the street. While this configuration presents some design challenges, staff believes that incorporating some of the architectural elements provided in the other two plans could enhance the front elevation significantly. As currently proposed, the Plan 3 units would not blend in with the other homes. Staff believes these units should for the most part appear similar in architectural style to the other homes. A condition has been added that would require the applicant to redesign the Plan 3 homes by S: \Community Development \Everyone \Planning Commission Agenda Reports \020325 RPD 2001 -01 Colmer Rpt revl.doc Planning Commission Staff Report RPD 2001 -01, TT5307 March 25, 2002 Applicant: Colmer Development Page No. 7 incorporating some of the architectural elements found in the other plans. Landscaping, Signage and Walls The applicant will provide landscaping for the front yards of each of the homes as shown on the landscape plan. The submitted landscape plan includes deciduous front yard trees such as Alder, Poplar or Sycamore to be provided for each lot in addition to a turf area with flowering shrubs and perennials. Final plant selection will be reviewed by the City's landscape architect and approved by the Community Development Director. Each individual homeowner will maintain this landscaping, as no Home Owners Association will be formed. Any landscaping or hardscape (patio slab) in the rear yard will be the responsibility of the individual property owner. Although decorative driveway paving is conceptually shown on the floor plans, it is not the applicant's intent to include this type of paving in the construction of the project. The project includes a landscape setback area ranging in width from 9 feet to 14 feet along Flory Avenue. This landscaping will be installed by the applicant but will be maintained by a Landscape Maintenance District. In addition to the landscaping, the applicant has agreed to provide a monument sign at the corner of Flory and Los Angeles Avenue that would read "Walnut Acres," which is the name of the original subdivision and development. There will also be a monument sign for Walnut Acres placed on the northwest corner of Millard Street and Los Angeles Avenue when the City develops those lots. The applicant will also be required to provide a 5 to 7 foot wide landscape planter with tree well cutouts along the Los Angeles Avenue perimeter wall. Permanent landscaping will.be maintained as part of a Landscape Maintenance District. Six -foot high slumpstone masonry walls are proposed for the rear and side property lines with wrought iron gates at the side property line. The rear perimeter wall along Los Angeles Avenue will consist of decorative design with pilasters, and will range in height from 9.5 feet to 11.5 feet as discussed in the Variance section of this staff report. The Community Development Director will approve the final wall design for all project walls. The site currently contains twenty -nine (29) mature trees. The City requires a valuation study be completed on all mature trees located on a development project site. The Tree Valuation Report completed for this project indicates that the site contains 19 mature Pine S: \Community Development \Everyone \Planning Commission Agenda Reports \020325 RPD 2001 -01 Colmer Rpt revl.doc Planning Commission Staff Report RPD 2001 -01, TT5307 March 25, 2002 Applicant: Colmer Development Page No. 8 trees and 10 mature Eucalyptus trees. Since these trees have not be properly maintained over the years and appear to have been stunted in growth due to the severe pruning to maintain clearance from the utility line, the report indicates that none of the trees are of significant value and worthy of preservation. The total valuation for all trees on the site is $26,900. The project has been conditioned to provide enhanced landscaping that totals the amount of the estimated tree impact pursuant to Municipal Code requirements. The Ad hoc Committee has recommended this be approved to assist with the affordable units to be constructed. Affordable Housing Requirements State redevelopment law requires that 15% of the proposed units be affordable to low and moderate - income families since this site is within the City's redevelopment project area. This would require the applicant to provide 3 affordable units. The applicant will be required to sell the units to the City who will then sell the homes with resale restrictions to ensure that they remain affordable in perpetuity. Two (2) of the units will be made available at affordable housing costs (30% of 70% of median income) to low income households, and one (1) unit will be made available at affordable housing cost (30% of 50% of median income) for very low income households. City is currently negotiating with the applicant to build units on the City owned property on Millard Street. These units would also be affordable to low and moderate - income families. While no agreement with had been worked out prior to the preparation of this staff report, the goal would be to make a determination on the disposition of the City owned property in the near future. If the applicant is ultimately chosen to build the units, they would be constructed concurrently with this project. Traffic and Circulation Access to this project will be provided via Flory Avenue. A new public street (shown as "A" Street) will be created that will be 36 feet wide curb to curb with 4 foot wide sidewalks (including top of curb) on both sides of the street. While this street width does not conform to the standard public street width of 40 feet, the City has agreed to accept the street as a public street. Staff recommends that the new public street built to serve this project dead -end into a hammerhead turn around at the eastern edge of the project, with no through street or pedestrian access to Millard Street. For traffic traveling on Los Angeles Avenue, taking a through access from Millard Street to Flory Avenue and the school S: \Community Development \Everyone \Planning Commission Agenda Reports \020325 RPD 2001 -01 Colmer Rpt revl.doc Planning Commission Staff Report RPD 2001 -01, TT5307 March 25, 2002 Applicant: Colmer Development Page No. 9 would not be much shorter than staying on Los Angeles Avenue. There is also a concern that through traffic at this location would create traffic and security problems for the development. Additionally, the intersection that would be created at Millard is too close to Los Angeles Avenue. However, there is no choice regarding the location for the intersection of "A" Street at Flory Avenue, since it provides access to the site. The recommended turn around allows the Moorpark Redevelopment Agency to achieve three (3) new affordable units on the adjacent site rather than the two (2) units that could be achieved with a through street configuration. The proposed "cul de sac" condition will work for the ultimate twenty -five (25) units that could be developed with the three (3) Redevelopment Agency units. The Ad hoc Committee reviewed several street alternatives for this site, including various widths for through travel to Millard Street. The Committee however supports staff recommendation for a permanent turn - around at the end of "A ". The applicant will be required to dedicate from 13 to 15 feet along the southern property boundary abutting Los Angeles Avenue. This will allow for an 8 -foot wide sidewalk and 5 to 7 foot wide landscape planter. The City is currently finalizing plans to make improvements to Los Angeles Avenue. These plans call for a 118 - foot right -of -way, which would include a half street of 51 feet with an 8 -foot wide sidewalk. The City will be responsible for the improvements to Los Angeles Avenue to be funded by the Los Angeles Avenue Area of Contribution fund. The applicant will be responsible for the installation of the landscaping in the 5 to 7 foot wide landscape planter. As noted earlier, the landscaping adjacent to the sidewalk would be maintained by a landscape maintenance district. Variance As part of the review of this project, a noise study was conducted that analyzed the traffic noise from Los Angeles Avenue on this project. The City has established interior and exterior noise criteria in order to protect the heath and welfare of the residents of the City. The interior noise limit established is an energy average community noise equivalent level (CNEL) of 45 dBA and applies to all interior areas except bathrooms, closets and corridors. The exterior noise standard is an energy average CNEL of 65 dBA and applies to all exterior living spaces, which are defined as a single family private yard, a multi - family private patio served by an interior exit and mobile home parks. The noise study completed for this project determined that in order to meet S: \Community Development \Everyone \Planning Commission Agenda Reports \020325 RPD 2001 -01 Colmer Rpt revl.doc Planning Commission Staff Report RPD 2001 -01, TT5307 March 25, 2002 Applicant: Colmer Development Page No. 10 the exterior City noise standards, a sound wall would need to be constructed along Los Angeles Avenue. This sound wall will need to be 9.5 feet high on Lots 1 and 2, 10.5 feet high on Lots 3 through 9 and 11.5 feet high on Lots 10 and 11. In addition the sound wall will need to extend at least 20 feet to the north on the west side of Lot 1 and on the east side of Lot 11. These extensions would then transition gradually in height down to a standard 6 -foot high wall height. In order to visually reduce the height of the perimeter sound wall, staff is recommending that a 2 to 3 foot high retaining wall be installed at the back of the proposed Los Angeles Avenue sidewalk. This would create a raised planter between the sidewalk and the perimeter wall. Adding a planter in front of the perimeter wall will help reduce the visual height of the wall and still allow sufficient room for small trees, shrubs and vines to further screen the wall. Since the City will be responsible for the completion of the Los Angeles Avenue improvements, this planter wall could be installed by the City. Since the maximum wall height allowed per Code for solid walls is 6 feet in height (eight feet if abutting industrial zone), a variance would be required for the sound wall. In order to approve a Variance, the Planning Commission must make certain legal findings. These findings and the project's compliance with these findings are noted below: 1.That there are special circumstances applicable to the subject property, with regard to size, shape, topography, location or surroundings, such that the strict application of the zoning regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The project is located adjacent to Los Angeles Avenue, which is a six -lane major arterial. The annual average two -way traffic in 2001 was 34,000 vehicles. This number is expected to increase to 38,900 vehicles by 2020. In addition 19.4% of all the vehicles consist of medium to heavy trucks using the route as an alternative to H -101. In order for the project to comply with the City's adopted exterior noise standard of 65 dBA, a sound wall must be constructed along Los Angeles Avenue ranging in height from 9.5 to 11.5 feet above the centerline of Los Angeles Avenue. 2. That the granting of the Variance will not confer a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone. Other existing residential properties located along Los Angeles Avenue SACommunity Development \Everyone \Planning Commission Agenda Reports \020325 RPD 2001 -01 Colmer Rpt revl.doc Planning Commission Staff Report RPD 2001 -01, TT5307 March 25, 2002 Applicant: Colmer Development Page No. 11 utilize tall sound walls to mitigate the noise from Los Angeles Avenue. In addition since this is an infill project on an existing school site, it was not possible to provide a large setback from the edge of Los Angeles Avenue. 3. That the strict application of the zoning regulations as they apply to the subject property would result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations in that the residents of the proposed homes would not be able to enjoy the use of their back yards due to the traffic noise from Los Angeles Avenue. 4. That the granting of the Variance will not be detrimental to the public health, safety, or welfare, nor to the use, enjoyment or valuation of neighboring properties as the sound wall will be properly engineered and constructed. The overall visual height of the wall will be reduced by the provision of a 2 to 3 foot high planter located in front of the wall. The landscape planter will be landscaped with small trees, shrubs and vines (as allowed by the footing locations) to further screen the wall. AGENCY REVIEW All requested conditions of approval from Agencies and Departments that have reviewed the Residential Planned Development and Tract Map have been incorporated into the Conditions of Approval for this project. ENVIRONMENTAL DETERMINATION Based upon the findings contained in the initial study, it was determined that the project would not have a significant effect upon the environment and in accordance with the California Environmental Quality Act, the City provided public notice of the intent to adopt a Mitigated Negative Declaration for this project. Mitigation measures were added to the project relative to the noise impacts from the traffic on Los Angeles Avenue. These mitigation measures include requirements for double pane windows, increased window thickness and gasketing of doors and the installation of a sound wall along Los Angeles Avenue. The mitigation measures are outlined in the attached MND and will be made a part of the conditions of approval. STAFF RECOMMENDATIONS SACommunity Development \Everyone \Planning Commission Agenda Reports \020325 RPD 2001 -01 Colmer Rpt revl.doc Planning Commission Staff Report RPD 2001 -01, TT5307 March 25, 2002 Applicant: Colmer Development Page No. 12 1. Open the public hearing, accept public testimony, and close the public hearing. 2. Consider the proposed Mitigated Negative Declaration to ensure that it adequately addresses the impacts of the proposed residential project prior to making a recommendation. 3. Adopt Resolution No. PC -2002- recommending to the City Council approval of General Plan Amendment No. 2001 -01, Zone Change No. 2001 -01, Residential Planned Development No. 2001- 01, Tentative Tract Map No. 5307, and Variance No. 2002 -01, subject to conditions of approval. ATTACHMENTS: 1. Project Exhibits A. Tentative Tract Map B. Plot Plan C. Grading Plan D. Drainage Plan E. Floor Plans F. Elevations G. Typical Front Yard Landscape Plan 2. Mitigated Negative Declaration 3. 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LOCATION MAP TYPICAL STREET SECTION N.T.S. psowo�R 164" WALL C LOT 4 t; 61" WALw CURS I CUTNI Ik y kENTARV SCHOOL Kwtx@a WATZA 6 MOORPARX UNION ELF E14MRG W ! - 141 EAS91HINTS IN FAVOR Of "MAIARK 'FLORY SCHOOL -T TO It LOS ANGELES AVENUE ffCLA0490 -7 SECTION A-A �UNIMD SCHOOL OBT11K j, OU :.got TYPICAL STREET SECTION Aw- A RfIA-W4 WAAL .109 911w. 1439m (FOAZIULAA)CATILD) -,4 tc I 4119.if, 4i- - 401 &I.S111 bL 616 51" 0 60 4"3 IL 54 Ft. J,3.0 5111A n.5r?. 'E' I I 2s 1 S*: 0 L 20 1' 12 J'ip I .. I . W 5 I 22 1 " C 1 17 16 1 14 13 LOT 12 a Ir. F,) .a IS. 511.f -ft. Sol., c -c Ic --2f c XLTIL IFI., A. 7m STRFP 1. 4 &L.1112-1 a&. 011, + It 5114, at 8L ill6 ".9- 1L. MIS 9 5 6 .NCAMN SECI" '9 17m, I :1 2 170 — . , 1 It N-TA• - I - foe GENERAL NOTES: - I : ) i i h�f- . . 11:.. - I � Al -- 4141fta.1 .%V.sgv MAP I COLMER DEVELOPMENT CO- v —.,P V01#1 R .s -tee JIM PARKWAY CALAAASAS Sulu Ill CALABAISAIII CA. 91302 f'. *AA S 1. GROW AREA I"J"S SQ.rr- •1401 AM AM OF LOTS 79.0" "A. STIW AREA 22.342 1. AVE. MI)ENNO 3.116 POOM ALERT A AAAACI*T 21FIRIM DMICATION — TOTAL AREA 104.595 AREA - 46MILT, ADDITIONAL -- T L LOT AREAS SIX LOT AREA TABULATION BERILON _71 - I. EXISTING ZONING: R-1; PROPMD ZONMt A" rj. 10. ORO-` GOAL )Kn=: CRADIP&C. 4. ALL rROP0690 DIMENSIONS ARE 590" HEREON. S. PRE104MARY TITLE ILRPORT MEPAR&D SY LAWYERS TITLE Co. L A4L so ORDUNO. UO3M DATED 3006411 SOUTVIUMCALWO*NIAXD"IEASEMENTS, II'X1P',6'X3I' AND 6. X WEASIMINT11 PU OR DBMS 16835t 61 ACC XASMENT LOCATED 1. W•LY Of ULY SIDRY. M OIL 06.01740. 6- TOPOGRAPRIC SURVEY PRZPAM NY DIGITAL RIAFMING. MC sea FROM AERIAL FROTOGRAPIFY DATED 2=41. .3. ALL CUT a PILL nam 9 Amy, TO Wall 7. ASSILSIMPARC&LI(Ga PORTION OVS12-114 W S. ALL PROPOSED 11SEPROVENEPM A INTEARTILUCTURI ARE L PRILLVAIMARY AND SUBJECT TO CHANGE IN FINAL DISIGN. 9. SEE GRADING & DRAINAGE CONCEPTUAL PLANS FOR GRADING, ALAL-0 WIXVCTOIAL FAVING.PACLITIPS. EM TOMB 9ART1WORX QUANTITZ& AND DRAINAGE DAVWU 7;- I$- ALL EXISTING STRLICTORES, PAVING, FACUMS. ITC. TO 09 RmOV9DL sM E1tiAfWO 11. A STREET TREE TO BE PROVIDED FOR ZACN LOT, LOCATION WILL A"691KAVKY 1,81 FT. LOOM MAL OVSSVW*Vff "AM WILL, KSMATC ANY DOCOMAW.t.&L " IN FRONT YARD WfTR EXACT LOCATION TO IS DETERMINED LATER. 4141fta.1 .%V.sgv MAP I COLMER DEVELOPMENT CO- v —.,P V01#1 R .s -tee JIM PARKWAY CALAAASAS Sulu Ill CALABAISAIII CA. 91302 vv invuKrAluk sK"uw "'EK"G/ Q R — 141 •7IPR•fi r. & CONSULTANTS, INC. TENTATIVE TRACT NO 5307 A.-f. OR SINGLE FAMILY RESIDENTIAL PURPOSE PLANNING INGO(tKIRING DEVELOPMENT OF 411 L HION $TRW b$OdfM*AL CA 919111 loon 414114 f'. *AA S S- IS I, 99mpi I&A"AUNT T rj. 10. 1. GELES AVE. A Somalli ir 62 W Lrq I rATrv" 7;- I NO. 513Y S—Lt UTILITY compmu 'FU .1N �7. =7--/ III TRACE NO. 3537-3 m1k 26w MULTI-FAMILY UNITS LOW 6934424 EX&O EDw" oo* 3M FOOTH" SAM *4.7mL "&."" Co"agRogmuo"sawrOo. QA& SO, OADFORNIA. am co PC*HoA*T9W"*MMT" CA *ISIS-2300 "OPARAWAYCALASAS" wrig SIP CAL"44ALC "M (IM 427- 3100 .'e"ILCIDLIHILA 181140246" '69101m -INATIA: VaNT%IPAOOkPfFV WATSA WOWS OW. 715OWALWITCANYSIMS ON ROAD MOORPARK. CA 40 1 OWNER ornote OF KAICK L3 BARD STILM (VACATED). IN T111 CITY HOM 0114-411110 moo"AAK SIMMS) bcnwL DWMCT PLOAV OF MOORPARK ' COUNTY Of VANTURA. STATE Of CAMPORNLL, TfLEPHONL PACM SELL 30 AVL MWILPARCCA.Ml "NO.-O-OFAOOPYARKWSWVSM,AAMMOSOU, M.S. SX- 8, PG. 13, OPIFICI" 1111COILDS. NCEPTUAL GRADING PLAN 2130WARDAMM.137 sm VAAIXY. " "m ISM so-sm m-uss co"711,000 vv invuKrAluk sK"uw "'EK"G/ Q R — 141 •7IPR•fi r. & CONSULTANTS, INC. TENTATIVE TRACT NO 5307 A.-f. OR SINGLE FAMILY RESIDENTIAL PURPOSE PLANNING INGO(tKIRING DEVELOPMENT OF 411 L HION $TRW b$OdfM*AL CA 919111 loon 414114 . fr ',N SrM,11RN D670wlraor AAv* TVCrartl IN rPROJLGT 917E f. I io R•CZP AwsAAwr7 i t PLAN l �3""�"'r •a�it.fNeur!�' i ~ 3 I r�trnr.wuc�AUesraw.l'.o2•a L- �i �< 9wA.t S[CT, A-A GlsswLLC P., rr,s, wAts ,,, PcAN 1 ' t• 0.61 Ala.. k *i M.rw ldaoa Abl'Ar, Owtr coGUAClrnsa Srof wsx rC Y _ I x r TAra M FOR 94AC7RlC TtssnloRR - P ATA-" A0914. M.1 Gs71RxGARArL wALA SCALE; 1".10' 1'R'�L7 site 7* -. ALP [��.�i.�:..7L �. -- -- c..naTnarlAaN.rMVrLJCwa�w - - S Ld _ -..._. -_ .wtn I100t(UPAW wAlu Owns. S C ION WO *1Z. tv9 Tlcaly 0.5.Dgv L 1] Q • - - D9Twrw LOG ANGum AVL E T Q B R, st fxa "A" STREET AsI •'RIt.I, • - f T•.M Mt IAR,f ROnD N.T1 ON EXIST. I. D. LOCATION MAP TYPICAL STREET SECTION Caw . r � ' PtaaA 7t'AYJ S• I: TYi � AL7r L07 #"NA(f FOg N) 'Of1 INFGfRr �..D.e,rDADikew,y. I ,., c Uri g __. -.__ l�.�� _ - -. .109 Oa 1YAlJ. A1. VARKa tAOM, ' _ / I • r A10I 7D SCAL! n .e1vaD MapAN 069 R Lot , To ms 4lor 11 b s 7 4 V w9n.OTn.A1r .. •- - n ,•I -, I P ��R 1 4 1 rAl t � 5 LOT 4 �'• I I �•_. rl, -:4 ' I ;�.W .. tl, wACr PRO /. 11.4.C. P, r l w 7 Y �/•�/'7 � � II`� •O ' ulal[lND C s cacRwOO I ®A WA WOQ-' R PAR- l - U- N- ION EL- C M- E - - JA._A, - - S- - C - R- O - - O - L SEC 710 N A-A w O MWRY SCHOOL TYPICAL STREET SECTION 1.06 ANGELS AVENUE rO r/ )"APP RlP � tt :i Rf,A1 rnNG ,/Aal j- - i i+•r .:•.•i -_ N.T.S. - - • A• 1,199 LDOM E: (To ra RaLocAna) T c.. rl j • btl c ' �t� ala: I . , is ! tcl ) n f�.l It 5,Y1 y4P . is wG. ,� '� 1 - ONE rr, • 1 �� �� �... N•.. 1 �..� ,I., L-L l) I 22 , . 1 121. 20 , 19 I + - ( ( I' is I I « (rl �8 17 16 « 1S i U 13 12 i a f I� J - -' A ; tu. s. u �- e LL. Tza :' : r yl fi` I . YP;i•:h I I' 1A� env NT. d � Rv Sxl♦T p r �'�/ t ri 1llr- TL.'e'C ^'�[• Ir'1"� i•AtY+�l. -_il y1G • . ll $1. ••!i!,lt� l,.artl /t.fHT tx.11L! I G CITYMMOOR /MItYVMMI R yep RRARrIRO wA1t- PDf 3. �If7 ar I[ - �j �1. . r Y' ?f .r �o'� . , _I A • e 7J _ I .!r a a- - - - s[[ rLe7/LAw rta v. 1 4wAro TA _ SECTION E•E • T 3CA1.Y, 1^ • lY - ,':• vool I �..tG.31�C A,�Sll, It. Alt .1 fl.SnA ac fn +-- rTJf- '�M-, ., k 1 : ��' ♦ J���F r1_*,f1Q4040jC 00 7A - ,� a ��,� ��I -14tH AM1Rfk Q�'MD- �.... _ .. "NPOfS 870 FlL'T[R u' _,_I .�w',.'�i d• _ Ls A A• 4 a 1 a 4 r6�s,+R.AD�.tr w•3•B r•� A•,M, ARIA CL oiD /ANO Tt�' _ II• • -• -'a ilY I B; RAIx/IA.a Lone. - K AArA_ffcN CGT So.G NtrrrNtM 7 . das s, 1 R 2' (• �. 3' S 6 �. S i 3.a3 -•' F#d�tlfrl4Y 5l0 V!. (taATr) ` r, sA_t '� y1� c s7! .'�rt .Ns• •• i� I AARA•R♦o'D fACN 0, e- r s.7F� f « r. fns n.s!s.>r I r Qlo (veR'wR) -. C.IcNf r. tE6 r. N. ya' • "At t nsror. ::- TrA:x:. riiN'S• ' �� S.Dti9GPT - 8 9lvrnD S•t4.0 GENERAL NOTES, Qt9 (Nr.) • T. { t♦ s 11.0 DtAI'L ANv[ _ - -4071, t f/RM 2oAr� I: I o. 1r A.r• .. .. .. 1 3 t7.01.02 . ...... t 1. GROSS AJJs •IMdrf 3Q•PT• .1401 ACL x: __- - -_ -- -.v. at �.^ �.. VWMWC1ZAAPl• AREA OF ^A^ Y1118tf AREA - 72.].2 i3- IfiM ' • 11'x. {11GON aAtGA1aNT Mi _ � 6 •7 r 14 L. A. AVL ♦IDBNDIO - 3,176 !p[ir AAAiYR AfsAAglRIfRiRlMMCATAOR -- - ,f0l.l, ..• 1 .... . ...... , ' , 1.... _ _- I. .. TOTAL AREA Ift,y9S AR)<A. AM= TOTAL .. .. _._ _ ,_.....,,. .. .. _ _ _ .L LOT AREAS SU LOT AREA TAgIL►TION IMP" , ii .. -.- _ s .... �- - ., A Im[[.N,7mImlw R,r rROrGaDDDNDw/ RPD _ -! ANGELES " AVE f. ALL PROtOM IDWa MARX BKOW14=XtUK GCML&L NOTE& GAADING a „ ,._. ... ._, s- - ".,.,::. ..• -.,.. _. - iJ - ... w 1 PRaAWAIY TITfl RxPOR[ pWARO DY I.AWVM TWLi OD. L All rRO /Orm tYROrtAVXft A 10RAfltOROaR ARt _ s:[ il.s .. �rav + •.,. /'di b1YYAND MRtT 70 C7AiGGi [I ►iRLL- OB/CN. >•� -y -. 4.:.,,. _.,«yf : - ORDU NO. 38010 bDAR03AM ,o, '4. ..•r.... - __+.,,ry,y ^- L tARTl1POR[QTAIT[ITIL9 .., _ I - 'ATIIVVlm A�'e .�' Bov[KSRII cALdowu sD>.or1 xAeeRaxwr Ir x r , v x n'' NO. Si33 aDlcts ll LB.l7Y CA IE9 NOI N FR, Irx• /or srlwTAV•rrcorrAC7soNaRRrla.c9 cmrT, . AND v x O' LY DD ITTB Pal oR rrr►I IfArq v xASAOrT LouTxD n1 rDraur to ortAw vrA99 9.S9a TRACT NO.3537J AAI YM Ac>m f a a $oa w,lrwrts. ra. f• a1+LY OF i'LY DDRY. ►xR OR Rff1740. Lw vAU.cA GaRx,aAGG 'A. CARMTV: „rmrlAC tXiwlaloN cVITAARAG[ �O' :�� -� � �,,. -- ff MR p��r�11YY .Atl L.1dr RTRB[T M IS1a1COArIMCnO+sN,s•Iroar 11,1'- + ... ... _ - ... rra T4L01PAOAf1,a0 L TOPOGRAfBIC tORY[Y PRLPARxD BY DIGITAL MAPPD10, B1G MULTI- FAMILY UNITS - ._...._ .. - - - -- -- --- I „n �girfGi ro PROM AERIAL P10TOGRAM DATED 1001. 1 ALL CT'T 1 "U r1.OrYl d ART. TO K 21 T• ARMOR[PARMNOA fTSR MOPSMII•f a rOwa[AANro GRAD[ ALUVGNtir SMY. M a OBTAwm. ', s() 1111- I I) 1811' ::r)f1' Co. ' Am w r :.row sllapryRr L ALL PROPOBLf DfTR0Y1A1xN[B A, tIPRABIROC7FIRL An L 7OICIGRAr10C 91RV[Y rR[rARLD rt' D/GRLL AIAP70,G PC. 'i . .. ,�. 9DC&O ••f LrW!'r T Or[a�C 7AS . r CO - ca.PAR Da 9ROr1AOUALrBOIOGRArtrDAT[DWAI. carts Iw PBO,OOULRY AM BIIB,LC[ TO C>tANDL f11 T11A1 R[001L ,�+•.,(+/ i � � t ' (' 1 \ ( I . , r _ '' ' �' " • - BAB1 r0. GVpMA W oo - ssw MRROAY tl sR GRADpO • DRADGAOi CONQPTUAL FUN MR GRARQK . • Au INC a7ta tTROCRIRY. PAYING. rACa+Tt.1 rTC TO K I I 1 ( ► O. Gqx »ar CAl '.•'•' CAfUO BARTSWORK QUANTTM AND MA01A01 DBMLif. RwovtD. ,: f x , , _ ; (No 4 4114 G 9,r,aa9AG t , . •.'� (40G140TJr40 wAY/1a CO1.MaR (090!x•96" DRA A CONCEPT It. AIL ZXWnft tnWCnftW PAMM PACK8102,[TG• TO OR T. MtAxfA,NAGLCORL'QTl •L MAN rCRI DI,xNACI. Darfcc♦ _R� ' ( NoTLI TRA"Ar'rnA1. As Ar aAAtxl4f. TRNrOaVR WNTW 7,14 riNMi�Wo ITMR61 WOWS 915F. NO , �` TRACT RB. 909. RArRARr 70ATO10 Tt00■ 1 � � � -AA OxX'Rb7'If.::: •114x70 GGafrl ONTIER Off TRER TO K __ _ _ AGTROONT6T Lfr R. IOMAi rsr,AL BGrRDVBNRN , . , PRlTi01N OI BLO(.X U AND BARD FMZBT (YACAITM IIC TU CRY pM aM'CMA P*~ARR V"BPMv wooft RNVTRKT II. In IN YARD NR1 LBACT- LOCATfON TO U 09T[RUMD fa.slrtnlY.OaawAn Al1Y1t400tlA1KiL OMAP�- PO.Of�L400MARICARK SUSKVIEW BOX= fs:f HARD Av[. Ru. sr7 A19LORY AVL am: fAGtlK [ELL MDOR ►AYt•G►MI 1.'B' CONCEPTUAL GRADING PLAN MRDLfPC.ROdP10ALl[[ODRK ATTACHMENT . u r it 0 IL PANULY DINWG I t� II LIVING V WI -_may _ , i PLAN 2 1856 SQ.FT. G" AGE 204x]02 . .�,• •� i DINIIdG/ LIVING N 211 s•+o- n; �. F '\ PLAN 1 1659 SQ.FT. SCALE 1/4"—l'-O- F L O R Y A V E N U E COLMER DEVELOPMENT BASSENIAN LAOONI ARCHITECTS 01 -28-02 i� ATTACHMENT_L-S . 33'-1" I I r ntACE Of EGO► AT ENTRY MA>} R BEDROOM 1 0® T x 1=, -0 GREAT ROOM ulcl 22' -a• x tt' -o• a'-o• no. I Iw Q I I III r. LLI rOR. j ppww MALL o ' -0' I KITCHEN) m O IM I I L to 0 O I I I 1 y, J 483 SO FT. BEDROOM 2 BEDROOM L6 a' -to' x u' -a• Y -to' x ta'-o• - - - -- - - -- --- - - - - -- - - -- - - - -- I W 667 SO. FT. I O I I i O RAGE O O tt� goof avow i I :o• -o x so' -o cut. I ! + I I V I 1 I I I I I 1 I 1 L------------- ----- --------- - - - - -' -------------------------- I I Arralllclw rs, (•c I I � lav aa.6<yrAw aW A d�•r.Ma G V17DJ (7111 if7 -a7q trAX (711)167J7S1 PLAN 3 "" J s4 DARE FOOTAGE Omwi. AtR o — — — 23'4" OVERALL -HOUSE Q1W 03-20-M FIRST FLOOR 465 $0. FT. SECOND FLOOR 667 SO. FT. Sheet 33'-4• TOTAL 11 SO SO. FT. GARAGE 450 SO. FT. SECOND FLOOR PLAN FIRST FLOOR PLAN SCALE 1/4' . 1' -0' SCALE 1/4" = 1' -0" E L E V A T I O N S LEGEND SCALE 1/4 " =1' -O" A 'S' TILE: BFLAI FILL ATTACHMENT •• P L O R Y A V E N U E C SIUC'COCURHFL D DE(ORAT7VE VENT -- C O L M E R DEVELOPMENT F. STONE G SECITONAL GARAGE DOOR H. COPPER ROOD BASSENIAN LAGONI ARCHITECTS I. WOOD SMI117ER 01 -28{02 1. WOOD POTSHFLF K. DECORATI V F TILE L WROUGHTIRON M. VINYL WINDOW N. METAL VENT Ism gill PLAN I SPANISH PLAN 2 SPANISH SCALE 118"-1'-O" E L E V A T 1 0 N S P L 0 R Y A V E N U E COLMER DEVELOPMENT BASSENIAN LAOONI ARCHITECTS 01-2S-02 ------------ ----- 'n ---------- - ----- -------------------- --- Ism gill PLAN I SPANISH PLAN 2 SPANISH SCALE 118"-1'-O" E L E V A T 1 0 N S P L 0 R Y A V E N U E COLMER DEVELOPMENT BASSENIAN LAOONI ARCHITECTS 01-2S-02 E. KF / Iw l�Iwr�w�IwAw�Iw�� ■A ■1 \�.�.���� .i/• l. /\1wlw�.��. ��Iw� ■Iw ■1 ■� ■ ■1 ■� ■ ■1�.�`���I ■11�� ■ ■1 S�� wtwl■a lww ��•� _ all LEGEND LEFT- SIDE- -< ��y� . ?�• �I I' , Ally ` \1•\•2�, � �, � I•�w�wlw•w� +_ �R , :uiwlwaw�wiwww�:_- �_ � ■�rll�! ■I■ ■��w� � ., �', r, -- �i•IIw�Iw1 /�Iwww/Iwlwww.w/i�� ., � I ■11 � ■� ■� ■��_■ �1 � 1 y' � _.�Ill��1� ■I�rw�llr ■ ■I�ir�1���� - 1 ' 1� �1 ELEVATION B. DECORATIVE VENT ELEV. C. TUSCANY • C. STUCCO D. SECTIONAL GARAGE .•. E. ••. SHUTTER F. ... POTSHELF DECORATIVE G. WROUGHT H. -• STUCCO J. METAL VENT K. 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LOS ANGELES AVENUE ��—VINYL GATE, POSTS AND HARDWARE PER MANUFACTURER �— - - - - - -- CONCRETE DRIVEWAY OPTIONAL VINYL GATE ELEVATION TRACT 5307 Peter landscape �+ MOORPARK, CALIFORNIA COLMER DEVELOPMENT COMPANY landscape architecture 6 planning 3''"'"Ab""7f "°"'" 397 Well 5000 Parkway Calabasas, Suite 110 Awnw, �WM `h-0: (005)371-UP ' "'°'° TYPICAL FRONT YARD LANDSCAPING Calabasas, California 91302 Ph-0: WALE: r•to� � � LOT 1 •�.. PADEL. 5,1 �._. PAD EL. 310.° — REAR YARDS NOT A PART DECIDUOUS FRONT YARD LANDSCAPE TREE, / E.G. ALDER, POPLAR, SYCAMORE — FLOWERING EVERGREEN FOUNDATION SHRUBS AND PERENNIALS, E.G. INDIA HAWTHORN, ROCKROSE, " A" STREET PITTOSPORUM, LILY-OF-THE-NILE, DAY LILIES, NEW ZEALAND FLAX, KANGAROO PAW FRONT YARD PRIVATE MAINTENANCE AREAS -- TURF AREAS PROVIDE NPDES DETENTION IN FRONT YARDS PER CIVIL ENGINEER T. 14 T j 71i / > j I is a - J I TURF, / TURF LL #1# 7 9.S-//.S' HEIGHT LOS ANGELES AVENUE,-- - I 6' HEIGHT FLORY AVENUE SPLIT -FACE IMITS OF MAINTENANCE SSESSMENT DISTRICT i —j,� f ,ri ENTRY MASONRY BLOCK WALL, COLOR TO BE NooK i BEIGE WITH A DARK BROWN TOP ` I` LIVING COURSE AND PERIODIC ACCENT BLOCKS it KITCHEN GARAGE PDR — :VERGREEN �" ACCENT TREES, ..G. STRAWBERRY TREE, tHAPHIOLEPIS 'MAJESTIC BEAUTY', b ENTRY OPTIONAL GATE PLAN 2C 5'-G" TO 8' HEIGHT SIDE YARD WALL — IWEETSHADE, ETC. I TO BE SOLID BEIGE COLOR * M , PLAN 1A DINING f7y - N DININGILIVING FAMILY KITCHEN *ivl LOS ANGELES AVENUE/FLORY AVENUE GARAGE TYPICAL WALL ELEVATION -�� !CALF: 1`•2'C LOS ANGELES AVENUE ��—VINYL GATE, POSTS AND HARDWARE PER MANUFACTURER �— - - - - - -- CONCRETE DRIVEWAY OPTIONAL VINYL GATE ELEVATION TRACT 5307 Peter landscape �+ MOORPARK, CALIFORNIA COLMER DEVELOPMENT COMPANY landscape architecture 6 planning 3''"'"Ab""7f "°"'" 397 Well 5000 Parkway Calabasas, Suite 110 Awnw, �WM `h-0: (005)371-UP ' "'°'° TYPICAL FRONT YARD LANDSCAPING Calabasas, California 91302 Ph-0: WALE: r•to� � � LOT 1 •�.. PADEL. 5,1 �._. PAD EL. 310.° — REAR YARDS NOT A PART LOS ANGELES AVENUE ��—VINYL GATE, POSTS AND HARDWARE PER MANUFACTURER �— - - - - - -- CONCRETE DRIVEWAY OPTIONAL VINYL GATE ELEVATION TRACT 5307 Peter landscape �+ MOORPARK, CALIFORNIA COLMER DEVELOPMENT COMPANY landscape architecture 6 planning 3''"'"Ab""7f "°"'" 397 Well 5000 Parkway Calabasas, Suite 110 Awnw, �WM `h-0: (005)371-UP ' "'°'° TYPICAL FRONT YARD LANDSCAPING Calabasas, California 91302 Ph-0: WALE: r•to� CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT 799 MOORPARK AVENUE MOORPARK, CA 93021 MITIGATED NEGATIVE DECLARATION I. PROJECT DESCRIPTION: 1. Entitlements: Residential Planned Development (RPD 2001 -01) Tract Map 5307 General Plan Amendment (GPA 2001 -01) Zone Change (ZC 2001 -01) Variance (VAR 2002 -01) 2. Applicant: Mr. Wayne Colmer Colmer Development 5000 Parkway Calabasas, Ste. 110 Calabasas, CA 91302 3. Proposal: A Tentative Tract Map to subdivide a portion (2.40 acres) of the Flory School site to create a small lot subdivision consisting of 22 lots. A Residential Planned Development permit to construct 22 single family dwellings and a Variance to allow an 11.5 foot high wall along portions of Los Angeles Avenue for purposes of sound attenuation. The application includes a request for a General Plan Amendment from S (School) to VH (Very High Density) and Zone Change from R -2 (Two Family Residential) to RPD (Residential Planned Development -9 Dwelling Units/Acre). 4. Location: Northeast comer of Los Angeles Avenue and Flory Avenue APN #512 -0 -11 -112 S. Responsible Agencies: None II. STATEMENT OF ENVIRONMENTAL FINDINGS: An initial study was conducted by the Community Development Department to evaluate the potential effects of this project upon the environment. Based upon the findings contained in the attached initial study, it has been determined that this project would not have a significant effect upon the environment. Mitigation measures described and attached have been added to the project and a Mitigated Negative Declaration will be prepared. ATTACHMENT 2 VI. REFERENCE LIST The references used in preparing this questionnaire include the following: Standard References: 1. EIR for Moorpark Land Use and Circulation Element Update and Sphere of Influence Expansion Study (1992). 2. Federal Emergency Management Agency, Flood Insurance Rate Map, Community Panel Number 060712 005 A, September 29, 1986 and revision dated August 24, 1990. 3. General Plan of the City of Moorpark, as amended through 2002. 4. Institute of Transportation Engineers, Trip Generation, 1987. 5. Moorpark Municipal Code, including Title 17, Zoning. 6. Moorpark Traffic Analysis Model, Model Description and Validation, June 1994. 7. Technical Appendices for the General Plan Noise Element, November 1994. 8. U.S.G.S. Topographic Quadrangle Maps for Moorpark. 9. Ventura County Air Pollution Control District, Guidelines for the Preparation of Air Quality Impact Analyses, 1989. 10. Ventura County Air Pollution Control District, Ventura County Air Quality Mana eg_ ment Plan, 1991. Project References: 1. Traffic Noise Study Report, Advanced Engineering Acoustics, March 14, 2001 and June 8, 2001 Addendum. 2. Phase I Environmental Assessment Report, Chaparral Associates, September 24, 1986. 3. Tree Valuation Report, Kevin J. Small Associates, March 15, 2001. 4. Geotechnical Investigation Report, Geolabs, February 22, 2001. I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this Initial Environmental Study to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Prepared By Joyce Parker- Bozylinski Date: March 4, 2002 Case Planner r . Approved By: Deborah S. Traffenstedt Date Acting Director of Community Development 3 Environmental Factor Potentially Less Than Less Than No quality plan? Significant Significant Significant Impact b) Violate any air quality standard or contribute substantially to an Impact With existing or projected air quality violation. Mitigation X 3. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation. X c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an X applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone X precursors)? X d Expose sensitive receptors to substantial pollutant concentrations? X e) Create objectionable odors affecting a substantial number of X people? 4. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 X b) Cause a substantial adverse change in the significance of an archaeological resources pursuant to Section 15064.5 X c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d) Disturb any human remains, including those interred outside of formal cemeteries? X e) Result in physical disruption of an identified sacred place or other X ethnographically documented location of significance to native X Californians? X 5. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: (i) Rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning Map X issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of X Mines and Geology Special Publication 42. (ii) Strong seismic ground shaking? X (iii) Seismic - related ground failure, including liquefaction? X (iv) Landslides? b Result in substantial soil erosion or the loss of topsoil? X c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in X on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? se? Environmental Factor Potentially Less Than Less Than No requirements? Significant Significant Significant Impact b) Substantially degrade groundwater supplies or interfere Impact with substantially with groundwater recharge such that there would be a Mitigation 7. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements? X b) Substantially degrade groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater X table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, X or substantially increase the rate or surface runoff in a manner which would result in flooding on- or off site? d) Create or contribute runoff which would exceed the capacity of X existing or planned stormwater drainage systems or provide X substantial additional sources of polluted runoff? X e) Otherwise substantially degrade water quality? X f) Place housing within a 100 -year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other X flood hazard delineation map? g) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X h) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the X failure of a levee or dam? i) Inundation by seiche, tsunami, or mudflow? x:::J 8. AESTHETICS. Would the project: a) Obstruct any scenic vista or view open to the public or will the proposal result in the creation of an aesthetically offensive X development open to public view? b) Substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic X highway? c) Substantially degrade the existing visual character or quality of the project site and its surroundings? X d) Create sources of incompatibility with the existing scenic and aesthetic environment of the community or quality of life impacts X on residents? e) Create a new source of substantial light or glare which would adversely affect day views in the area? X f) Significantly impact any existing streetscape or public space which has been designed to provide areas of public assembly and X congregation? g) Conflict with adopted design guidelines or development standards which have been implemented to improve the quality of X architecture in the community? Environmental Factor Potentially Less Than Less Than No recreational facilities such that substantial physical deterioration of Significant Significant Significant Impact the facility would occur or be accelerated? Impact With b) Does the project include recreational facilities or require the Mitigation X 13. RECREATION. Would the project: a) Increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of X the facility would occur or be accelerated? b) Does the project include recreational facilities or require the X construction or expansion of recreational facilities which might X have an adverse physical effect on the environment? X 14. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in the traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result X in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? X b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency X or City General Plan Circulation Element threshold? c) Result in a change in air traffic patterns, including either an X increase in traffic levels or a change in location that results in X substantial safety risks? d) Substantially increase hazards related to existing intersections or X roadway design feature (e.g., sharp curves or dangerous X intersections) or incompatible uses (e.g. residential traffic conflicts with farm equipment)? X e) Result in inadequate secondary or emergency access? X Result in inadequate _parking capacity? X g) Conflict with adopted policies or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X 15. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b) Require or result in construction of new water or wastewater treatment facilities or expansion of existing facilities, the X construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of X which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded X entitlements needed? e) Result in a determination by the wastewater treatment provider which services or may serve the project determined that it has X adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Noise - A noise study prepared for the project analyzed the noise from traffic on Los Angeles Avenue. The results of the study indicate that the outdoor living areas (side and rear yards) of the lots adjacent to Los Angeles Avenue (Lots 1 though 11) would comply with the City's 65 dBA CNEL traffic noise limit with the installation of a sound wall along Los Angeles Avenue. The sound wall would range from 9.5 to 11.5 feet above the centerline of Los Angeles Avenue. The study also recommended mitigation measures such as increased window thickness, double - glazing of windows and gasketing of doors) to reduce the interior noise levels to 45 CNEL as required by the City. CEQA MITIGATION MEASURES Noise 6) A sound wall shall be constructed along the southern property line of Lots 1 through 11, along Los Angeles Avenue. The top of the sound wall must be 9.5 feet above the centerline surface of Los Angeles Avenue for Lots 1 and 2, 10.5 feet above the centerline for Lots 3 to 9 and 11.5 feet above the centerline for Lots 10 and 11. 7) The sound wall shall extend at least 20 feet to the north on the west side of Lot 1 and at least 20 feet on the east side of Lot 11. These extensions would then transition gradually in height down to a standard 6 -foot high wall height. 8) To reduce the interior noise levels, a minimum window glass thickness of 3/16 -inch and a standard exterior wall of 5/8 -inch gypsum board, 3.5 -inch fiberglass filled cavity, 7/8 -inch latch and stucco, typical for single family residential developments shall be installed. 9) All second story windows along Los Angeles Avenue shall be Milgard type 5120 double glazed window assemblies or an equivalent with a minimum STC 33 rating. 10) All rear and side entry doors of the homes on Lots 1 through 11 shall be gasketed 0amb, head, sill) with interlocking or tube -type compression weather - stripping, or an effective equivalent. 11 Advanced Engineering Acoustics 663 Bristol Avenue Simi Valley, California 93065 -5402 (805) 583 -8207 -Voice (805) 522 -6636 -Fax (805) 231 -1242 -Cell June 8, 2001 Mr. Wayne Colmer Colmer Development 5000 Parkway Calabasas Calabasas, CA 91302 Subject: 22 -Lot Residential Development at East L.A. Ave & Flory Street in Moorpark Reference: AEA's Traffic Noise Study Report for the Colmer Development, dated March 2001 Dear Mr. Colmer: Advanced Engineering Acoustics (AEA) has reviewed and analyzed the raising of the subject residence pads by 2 feet and the affect on the heights of the sound wall along East Los Angeles Ave. This letter report presents the results of the analysis. This document may be submitted by Colmer Development to the City of Moorpark. The results of the referenced AEA report indicated that the outdoor living areas (side and rear yards) of Lots 1 through 11 would comply with the 65 dBA CNEL traffic noise limit of the City, with a proper sound wall along Los Angeles Ave. The raising of the residence pads of these Lots has required another look at the performance of the recommended sound walls. At your request, we have analyzed Lots 1 through 11 with the higher pad elevations. The following table gives the new recommended sound wall heights. Lot Number Minimum Sound Wall Height above Los Angeles Ave. Center Line Pavement Surface Approximate Sound Wall Distance from Los Angeles Ave. Center Line 1 and 2 9.5 feet 65 feet 3 through 9 10.5 feet 65 feet 10 and 11 11.5 feet 65 feet If you have any questions regarding this noise report supplement, please contact me at (805) 583- 8207, or on my cell phone at (805) 231 -1242. I am available to work with you, as needed, as you complete this project. Sincerely, Marlund E. Hale, Ph.D.. P.E. Technical Director ATTACHMENT 3 TRAFFIC NOISE STUDY REPORT FOR THE COLMER RESIDENTIAL DEVELOPMENT IN THE CITY OF MOORPARK COUNTY OF VENTURA MARCH 14, 2001 Submitted to COLMER DEVELOPMENT 5000 Parkway Calabasas, Suite 110 Calabasas, CA 91302 Submitted by ADVANCED ENGINEERING ACOUSTICS 663 Bristol Avenue ��� Simi Valley, CA 93065 -5402 MAR 2 0 2001 FILE COP mint TRAFFIC NOISE STUDY FOR THE COLMER RESIDENTIAL DEVELOPMENT ON LOS ANGELES AVENUE BETWEEN FLORY AVENUE AND MILLARD AVENUE 1.0 INTRODUCTION The site layout plan and project floor plan drawings (Colmer, 200 1) for the proposed 22- unit single family housing development in Moorpark, California have been reviewed to determine compliance with the City of Moorpark (City) noise control requirements. The following assessment and recommendations are provided as a result of the review and analysis of noise impacts due to traffic on East Los Angeles Avenue, between Flory Avenue and just west of Millard Avenue. The proposed project site is located on a partially developed lot on the north side of Los Angeles Avenue. Figure 1 shows the project vicinity. The site is bordered to the west by Flory Avenue and on the east by single - family residential properties on Millard Avenue. Flory Avenue Elementary School property and other public buildings border the north side of the site. There will be one traffic entrance to the site from Flory Avenue. Figure 2 shows the proposed layout of the project and the nearby roadways. Lots 1 -11 (numbered west to east) are closest to Los Angeles Avenue traffic. Lots 12 -22 (numbered east to west) are further north and across a new street from Lots 1 -11. 2.0 NOISE CONTROL STANDARDS The City of Moorpark has established interior and exterior noise criteria for the development of any new residential dwellings in order to protect the health and welfare of the residents (Moorpark, 2001 a). These are specified in the Noise Element of the General Plan and the Technical Appendix to the Noise Element (Moorpark, 1998). The interior noise limit is an energy average community noise equivalent level (CNEL) of 45 dBA and applies to all interior areas except bathrooms, closets and corridors. The exterior noise level is to be mitigated so that the interior noise limit is not exceeded while the windows are closed. The exterior noise standard is an energy average CNEL of 65 dBA and applies to all exterior living spaces, which are defined as a single family private yard, a multi - family private patio served by an interior exit, and mobile home parks. The CNEL noise descriptor is a 24 -hour, time - weighted average noise level. It is a single number composed of the logarithmic sum of the hourly equivalent energy average noise levels (Leq) with an additional 5 dB added to the hourly levels between 7 pm and 10 pm and 10 dB added to those hourly levels between 10 pm and 7 am. Colmer Residential Development March 2001 Iroq 7 25 13 50 4 1 —4 ........... N1— 0509.53 1.510.32 IR 450. li ASPH 20 r 069. "s 50 1-12 13 601 is lit 55 —Prop Zrvll t.......... or la 7 - 42LIO 10— — ....... LL 'REES T 22,— 7 T 54 ASPH LOS ANGELES A-W 5:1.53 N1, 61) �SW M3 ...... ... ... _•1,,f V:-- FIGURE 2. PROJECT LAYOUT MAP AND SOUND METER LOCATIONS 3 Colmer Residential Development March 2001 3.0 CURRENT AND FUTURE TRAFFIC NOISE The main contributor of noise from the south of this site is traffic on East Los Angeles Avenue, between Flory Avenue and Millard Avenue. Los Angeles Avenue is a four -lane divided major arterial, which runs east and west, south of the proposed development. 3.1 Roadway Traffic Volumes Los Angeles Avenue Average Daily Traffic (ADT) and peak hour volumes for most recent years (1998 and 1999) were obtained from the Caltrans website (Caltrans, 2001). The 20 -year build -out (2020) traffic volumes were estimated at 3/4% growth rate per year, based on the 1997 to 1999 ADT data from Caltrans (Caltrans, 2001). The truck traffic mix was also obtained from the Caltrans website. These data are presented on Table 1. TABLE 1 - LOS ANGELES AVENUE TRAFFIC DATA Annual Average Two ay Daily Traflc ADT :99'i .. X998 199< » >zo:ai.:...:OZQ: .. Los Ar g e1es Avenue Traffic ADT 33,000 33,500 33,500 34,000 38,900 Peak Hour % 9.5 9.6 9.6 9.6 9.6 % Medium Trucks 8.0 8.0 n/a 8.0 8.0 % Heavy Trucks 11.4 11.4 n/a 11.4 11.4 Speed Limit (mph) 35/ 25 ** 35/ 25 ** 35/ 25 ** 35/ 25 ** 35/ 25 ** n/a = not available from Caltrans * Projections based on available data and growth rate assumption. * * Speed Limit when children are present. 3.2 Noise Measurement and Analysis Morning peak hour noise measurements were conducted at the proposed project site along Los Angeles Avenue on Wednesday, January 31, 2001. The two project site traffic noise monitoring locations are shown on Figure 2. The noise monitoring equipment were ANSI Type 2 sound level meters and were calibrated before and after the noise monitoring sessions, according to the manufacturer's instructions. CNEL values were calculated using a computer program based on the Federal Highway Traffic Noise Prediction Model (FHWA, 1978) which uses Average Daily Traffic (ADT) volumes. The program takes into account the locations of receptors, roadway noise sources using the CALVENO emissions, and noise barriers, and determines CNEL both with and without sound walls. The unshielded and unmitigated Year 2020 65 CNEL contour distance from the centerline of Los Angeles Avenue would be about 46 meters (150 feet). The noise levels for existing and projected traffic volumes on Los Angeles Avenue are summarized on Table 2. 4 Colmer Residential Development March 2001 4.0 NOISE CONTROL RECOMMENDATIONS 4.1 Los Angeles Avenue Environs As shown on Table 2, the existing and future exterior CNEL traffic noise levels along the southern area of the project toward Los Angeles Avenue are greater than the 65 CNEL noise limits. The predicted CNEL sound levels at the residential locations, for barrier heights which achieve the CNEL criterion, are given on Table 3. Figure 3 shows the sound wall locations and the Year 2020 unmitigated and mitigated 65 CNEL contour. During peak traffic noise hours, noise Ievels at the outdoor living areas of the project residences, with properly implemented sound walls, would be at or below the City's exterior criteria of 65 CNEL. TABLE 2 - MEASURED AND UNMITIGATED NOISE MODEL RESULTS > aF :::;:::.: t : La ........ <: >::: >:: >::::: > ><: .: < < >'> r en. <> rte + urea€ 1VI as PH:.::..P :: <> :;::;::': >:: >: > >:. >:;< >::» ::>:::::::>:; r:.:; ............... . :Qdad.1'B ».«<FredIcfe:i€< . ..................:......;::: >: >` ;: >:::: >:::;:: >::: >::::::: >:: >: >::: .. .. ..:....::..: ::.:. <.:.:. ; :.:.:. :. dBA .::..:,:.:.:....i, -...: ..� .....:.................. :. d� :::::::.:::.. :.:..::::.::.:..::::::::::.:::: 2001 1 15 ft to South PL, 71.5 72.0 71.5 20 ft to West PL 8 15 ft to So.PL fence 72.5 72.5 72.0 <:. ;.;;:::; :.:............: .........:.. I,o �red�eted ?D ::::: >: it d�ete ::<: >:: :::Year ................... :::::::::: Number <:> >::Futur" > ::... a Site : :»ocafo ::>:::::::>::::>;::::>:: n >:::::<::<: >::::: >:::::: >: : ::. >::..;::.;::.;;::.::; ;tlB >:;:: ;::<::; :: >:::::: >:::: >::::::::;::::;:: CEi, 2020 1 South Side of House Exterior 72 72 Interior 1 57 57 8 South Side of House Exterior 73 73 Interior 1 58 58 PH = Peak Noise Hour. Note 1: Calibration K factor of —3.2 dB to match predicted with measured Leq. Note 2: Interior peak noise hour estimates based on 15 dB noise reduction with closed windows. TABLE 3 - MITIGATED TRAFFIC NOISE MODEL RESULTS (with sound wall noise barrier mitigation) Note 1: Interior noise is estimated to be 15 dB lower than the exterior CNEL. 4.2 Southern Property Line Mitigation It is recommended that a sound wall be constructed along the southern property line of Lots 1 through 11, along Los Angeles Avenue. The top of the sound wall must be 2.4 meters w Colmer Residential Development March 2001 (8 feet) above the center line surface of Los Angeles Avenue for Lots 1 and 2, 2.7 meters (9 feet) above the Los Angeles Avenue center line surface for Lots 3 to 9, and 3.0 meters (10 feet) above the center line surface of Los Angeles Avenue for Lots 10 and 11. The sound wall would need to extend at least 20 feet to the north on the west side of Lot 1 and at least 20 feet on the east side of Lot 11. These extensions would then transition gradually in height down to a standard 1.8 meters (6 feet) yard wall height. The sound wall would need to extend as shown on the project layout plan (Figure 3). Once properly installed, the recommended sound wall would provide the required noise attenuation from Los Angeles Avenue traffic for all backyards and side yards of the project. 4.3 Interior Noise Level Reduction To calculate the noise reduction of the planned residences, noise sensitive rooms for each floor level were evaluated using a method developed for the FHWA (FHWA, 1977). Since it would be impossible to obtain an interior noise of 45 CNEL or below with the "windows open ", the method used was a "windows closed" analysis. This method is acceptable since central air and heating, featured in all the designed structures, fulfills the requirement for mechanical ventilation for a "windows closed" analysis to be considered. A minimum window glass thickness of 3/16 -inch and a standard exterior wall of 5/8 -inch gypsum board, 3.5 -inch fiberglass filled cavity, 7/8 -inch lath and stucco, typical for single family residential developments, will provide approximately 15 -20 dBA noise reduction for traffic-type noise. Double glazing the windows and gasketing the doors will increase the noise reduction to about 20 -25 dBA. Since sound walls typically provide no mitigation for second stories, double glazing of all residential second story windows of Lots 1 to 11, with a view (even though blocked by trees) of Los Angeles Avenue, is recommended. Milgard type 5120 double glazed window assemblies, or an equivalent with a minimum STC 33 rating, is recommended, for all double glazing applications. It is further recommended that rear and side entry doors of the above specified eleven houses be gasketed (jamb, head, sill) with interlocking or tube -type compression weather- stripping, or an effective equivalent. 5.0 CONCLUSIONS An analysis has been performed to determine compliance of the proposed single - family residential development north of Los Angeles Avenue, between Flory Avenue and Millard Avenue, with City of Moorpark noise standards. The analysis shows that impacts on the project would not exceed the 65 CNEL outdoor living area noise standards, once the recommended exterior noise control measures are properly implemented. It also has been determined that a well constructed, standard exterior building shell, along with the proper implementation of the recommended architectural noise mitigation measures, for the eleven specified structures, would reduce the traffic noise within the residential interiors of Lots 1 through 11 to less than 45 CNEL, as required by the City of Moorpark. No traffic noise mitigation measures are required for Lots 12 -22. 31 Colmer Residential Development March 2001 It 600.7 N, '50 It N •Sd 1 — �,r: � a —1 � (— � . � �.._,- ,5Q9.53 ,5 t Q.3.i � ACk (-V DOE Al 8 9 *SS XX T.!^ #A 1 .11 cC7. A�S fru i 14 20 2 41 j 13 4t%b jm 65 CNEL aa 44LU 7 10 1 C9 7 3 TREES f%E ILO Ey 9 A I , '14 ASPH % 54 ASPH LOS ANGELES L------- M—An" FIGURE 3. UNMITIGATED 65 CNEL CONTOUR AND RECOMMENDED SOUND WALL LOCATION 7 Colmer Residential Development March 2001 6.0 REFERENCES Caltrans, 2001. Traffic and Vehicle Data Systems Unit, Caltrans Traffic Operations, January. Colmer, 2001. Lot Plans for a Residential Development on Los Angeles Avenue in Moorpark, CA. Colmer Development Company, Calabasas, CA. January. FHWA, 1977. Federal Highway Administration Highway Traffic Noise Prediction Model, FHWA -TS -77 -202. Prepared by T.M. Barry and J.A. Reagan. December. FHWA, 1978. Insulation of Buildings Against Highway Noise Manual, FHWA -RD -77 -108. Prepared by B. Davy and S. Skale. August. Moorpark, 1998. City of Moorpark, Noise Element of the General Plan. March. Moorpark, 2001 a. City of Moorpark, Planning Department, conversations with M. Hale. January & February. Moorpark, 2001b. City of Moorpark, Traffic Engineer, conversations with M. Hale and response for requested traffic data. January & February. RESOLUTION NO. PC -2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 2001 -01, ZONE CHANGE NO. 2001 -01, TENTATIVE TRACT MAP NO. 5307, RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2001 -01 AND VARIANCE NO. 2002 -01 FOR AN APPROXIMATELY 2.44 ACRES SITE LOCATED ON THE NORTHEAST CORNER OF LOS ANGELES AVENUE AND FLORY STREET, ON THE APPLICATION OF COLMER DEVELOPMENT COMPANY ASSESSOR PARCEL NO. 512 -0 -11 -112 WHEREAS, at a duly noticed Public Hearing on March 25, 2002, the Planning Commission considered General Plan Amendment No. 2001 -01, Zone Change No. 2001 -01, Tentative Tract Map No. 5307, Residential Planned Development Permit No. 2001 -01 and Variance No. 2002 -01 on the application of Colmer Development Company for an approximately 2.44 acre site located on the northeast corner of Los Angeles Avenue and Flory Street (Assessor Parcel No. 512 -0 -11 -112); and WHEREAS, the proposed project is more specifically described as follows: General Plan Amendment No. 2001 -01: A request for a change in the Land Use Designation of the Land Use Element of the General Plan from S (School) to VHD (Very High Density); Zone Change No. 2001 -01: A request for a change in the Zoning from R -2 (Two Family Residential) to RPD (Residential Planned Development) 9 dwelling units /acre; Tentative Tract Map No 5307 and Residential Planned Development Permit No. 2001 -01: A request for subdivision of approximately 2.44 acres into twenty -two (22) single family residential lots and the construction of 22 single family units; Variance No. 2002 -01: A request to allow a sound wall up to 11.5 feet in height; and WHEREAS, at its meeting of March 25, 2002, the Planning Commission conducted public hearings and received public S: \Community Development \Everyone \Resolutions and Conditions \pc 020325 reso gpa zc rpd ttm var colmer.doc Modified: 03/21/02 H M ENT ATTAC ,____„ RESOLUTION NO. PC -2002- GPA 2001 -01, ZC 2001 -01, TT 5307, RPD No. 2001 -01, VAR 2002 -01 Page 2 testimony, and after receiving public testimony, the Planning Commission closed the public hearing. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby find that General Plan Amendment No. 2001 -01, Zone Change 2001 -01, Tentative Tract Map No. 5307_ and Residential Planned Development Permit No. 2001 -01 are consistent with the City's General Plan, subject to amendment of the land use designation as proposed. SECTION 2. The Planning Commission further finds that General Plan Amendment No. 2001 -01, Zone Change 2001 -01, Tentative Tract 5307 and Residential Planned Development Permit No. 01 -01 are consistent with the Mitigated Negative Declaration prepared for the project. SECTION 3. That the Planning Commission adopts the following additional findings: C.E.Q.A. Findings 1. That the Mitigated Negative Declaration prepared for General Plan Amendment No. 2001 -01, Zone Change 2001 -01, Tentative Tract 5307 and Residential Planned Development Permit No. 01 -01 and Variance 2002 -01 serves as the environmental document for the General Plan Amendment, Zone Change, Tentative Tract Map, Residential Planned Development Permit and Variance. 2. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the Mitigated Negative Declaration have been incorporated and shall apply to General Plan Amendment No. 2001 -01, Zone Change 2001 -01, Tentative Tract Map No. 5307, Residential Planned Development Permit No. 01 -01 and Variance 02 -01. 3. A Mitigation Reporting and Monitoring Program prepared in compliance with Assembly Bill 3180 and considered in the S: \Community Development \Everyone \Resolutions and Conditions \pc 020325 reso gpa zc rpd ttm var colmer.doc Modified: 03/21/02 RESOLUTION NO. PC -2002- GPA 2001 -01, ZC 2001 -01, TT 5307, RPD No. 2001 -01, VAR 2002 -01 Page 3 various decisions regarding these projects applies to General Plan Amendment No. 2001 -01, Zone Change 2001 -01, Tentative Tract Map No. 5307, Residential Planned Development Permit No. 01 -01 and Variance No. 02 -01 Subdivision Map Act Findings: Based on the information set forth above, it has been determined _that Tentative Tract Map No. 5307, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: 1. The proposed map is consistent with the City of Moorpark General Plan and Zoning Ordinance. 2. That the design and improvements of the proposed subdivision is consistent with the City of Moorpark General Plan. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 8. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. S: \Community Development \Everyone \Resolutions and Conditions \pc 020325 reso gpa zc rpd ttm var colmer.doc Modified: 03/21/02 RESOLUTION NO. PC -2002- GPA 2001 -01, ZC 2001 -01, TT 5307, RPD No. 2001 -01, VAR 2002 -01 Page 4 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. Residential Planned Development Permit Findings: 1. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance. 2. The proposed project is compatible with the character of surrounding development. 3. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare. 5. The proposed project is compatible with existing and planned land uses in the general area where the development is to be located. 6. The proposed project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure(s) have design features which provide visual relief and separation between land uses of conflicting character. Variance Findings: 1. That there are special circumstances applicable to the subject property, with regard to size, shape, topography, location or surroundings, such that the strict application of the zoning regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The project is located adjacent to Los Angeles Avenue, which is a four - lane divided major arterial. The annual average two -way traffic in 2001 was 34,000 vehicles. This number is expected to increase to 38,900 vehicles by 2020. In addition 19.4% of all the vehicles consist of medium to heavy trucks using the route as an alternative to H -101. In S: \Community Development \Everyone \Resolutions and Conditions \pc 020325 reso gpa zc rpd ttm var colmer.doc Modified: 03/21/02 RESOLUTION NO. PC -2002- GPA 2001 -01, ZC 2001 -01, TT 5307, RPD No. 2001 -01, VAR 2002 -01 Page 5 order for the project to comply with the City's adopted exterior noise standard of 65 dBA, a sound wall must be constructed along Los Angeles Avenue ranging in height from 9.5 to 11.5 feet above the centerline of Los Angeles Avenue. 2. That the granting of the Variance will not confer a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone. Other existing residential properties located along Los Angeles Avenue utilize tall sound walls to mitigate the noise from Los Angeles Avenue. In addition since this is an infill project on an existing school site, it was not possible to provide a large setback from the edge of Los Angeles Avenue. 3. That the strict application of the zoning regulations as they apply to the subject property would result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations in that the residents of the proposed homes would not be able to enjoy the use of their back yards due to the traffic noise from Los Angeles Avenue. 4. That the granting of the Variance will not be detrimental to the public health, safety, or welfare, nor to the use, enjoyment or valuation of neighboring properties as the sound wall will be properly engineered and constructed. The overall visual height of the wall will be reduced by the provision of a 2 to 3 foot high planter located in front of the wall. The landscape planter will be landscaped with shrubs and vines to further screen the wall. SECTION 4. That the Planning Commission recommends to the City Council approval of General Plan Amendment No. 2001 -01, Zone Change 2001 -01, Tentative Tract Map No. 5307, Residential Planned Development Permit No. 01 -01 and Variance No. 02 -01 subject to the Conditions of Approval (Exhibit A). S: \Community Development \Everyone \Resolutions and Conditions \pc 020325 reso gpa zc rpd ttm var colmer.doc Modified: 03/21/02 RESOLUTION NO. PC -2002- GPA 2001 -01, ZC 2001 -01, TT 5307, RPD No. 2001 -01, VAR 2002 -01 Page 6 The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED AND ADOPTED THIS 25TH DAY OF MARCH 2002. William F. Otto, Chair ATTEST: Deborah S. Traffenstedt Acting Community Development Director EXHIBITS: A. General Plan Exhibit Map B. Zone Change Exhibit Map C. Conditions of Approval for Tract Map No. 5307, D. Residential Planned Development Permit No. 01 -01 Variance No. 02 -01. and S: \Community Development \Everyone \Resolutions and Conditions \pc 020325 reso gpa zc rpd ttm var colmer.doc Modified: 03/21/02 GENERAL PLAN EXHIBIT MAP spir- ST T - T: ,� T. -, CT �T A r'H/lF�►r�.r*1.1. � �� S O � I < se L • S F- ( AH A FU zi ill LASSEN � � SUS.AW AVJ �yE ' t -3RD TRA) "'1 (A = � S/0 � t F 4 2 -� ST(A� TS Y < ESTHEp s FUAt Y Z [SHEM04 A `. AN GELi Z3 3 HWY. 11361 0 _ � AVE. � Cl. tu- AVE /- t CL - _ HP. xT ALE Ut .7 t lP NORTH EXHIBIT A ZONING EXHIBIT MAP AV 3 LOS ANGELt 1.3 D LTOCPUTWI Ott � T cv RUTM A cF =fA ' . � 5/0 l�v; �� 2tfi S T. t� ST. A } Fu s SUSAX AVF I -. RD TRH) si o ? t F 2 -G AD S%A i . TS s M/10 < ,gip Y ESTHU, � Z ELDA. < ,.. SHEMAN A s M. �Os AVE R-2 to RPD 9 du /ac ? t .V. 1 {i t l f` 14 J �. CL WSMAIE RM /SPA =K. - r /f /% .• . — _ _ 4 LAN PIA W- .. A NORTH EXHIBIT B 1 i llp CHAF^RRAL V M trio 0- .- .. �. W � AV 3 LOS ANGELt 1.3 D LTOCPUTWI Ott � T cv RUTM A cF =fA ' . � 5/0 l�v; �� 2tfi S T. t� ST. A } Fu s SUSAX AVF I -. RD TRH) si o ? t F 2 -G AD S%A i . TS s M/10 < ,gip Y ESTHU, � Z ELDA. < ,.. SHEMAN A s M. �Os AVE R-2 to RPD 9 du /ac ? t .V. 1 {i t l f` 14 J �. CL WSMAIE RM /SPA =K. - r /f /% .• . — _ _ 4 LAN PIA W- .. A NORTH EXHIBIT B Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 1 EXHIBIT C CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5307 A. DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. Application of City Ordinances /Policies: The conditions of approval of this Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies 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. Acceptance of Conditions: Recordation of this subdivision shall be deemed to be acceptance by the subdivider 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. Expiration of Map: This 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 30 -days prior to the expiration date of the permit. 4. Hold Harmless: The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 2 indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. 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 subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. The subdivider's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision. 5. Effect of Conditions: No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. The approved Mitigation Monitoring and Reporting Program is included as an attachment to the approving resolution, and all mitigation measures are requirements of the Vesting Tentative Tract Map and Residential Planned Development Permit, as applicable. 6. Severability: 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. Duplication of Conditions: All mitigation measures contained within the approved Mitigation Monitoring Report and Program (MMRP) are hereby adopted as requirements of the Tentative Map, as applicable. Where conflict or duplication between the MMRP and the conditions of approval occurs 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. 8. Title Report: Prior to Approval of the Final Map, the subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly states all interested parties Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 3 and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 9. Image Conversion of Plans: Prior to approval of the Final Map, the builder 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. Consistent with the City's General Plan Housing Element, the Tentative Tract Map is subject to execution of an Affordable Housing Agreement between the City of Moorpark and the Applicant or Developer. The Affordable Housing Agreement shall set forth the procedure for meeting an affordable housing requirement of 10 percent of the total number of approved dwelling units. The Agreement may be part of a Development Agreement. Execution of the Affordable Housing Agreement is required prior to first final map approval. 11. 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 Vesting Tentative Tract Map. The Applicant, permittee, or successors in interest shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of the Tentative Map. 12. Submittal of Landscape Plans: 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. All of the following Landscape Plan and inspection requirements shall be complied with: 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 Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 4 check and inspection fees. 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. 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 landscape plan shall include planting and irrigation specifications for front yard landscaping for all residences. Front yard landscaping shall be installed as determined by the Residential Planned Development Permit for all lots in this project as reviewed and approved by the Community Development Director prior to final inspection and release of utilities. 13. Provisions requiring that 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. Stoves, ovens, and ranges, when gas fueled shall not have continuous burning pilot lights. Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 5 b. All thermostats connected to the main space- heating source shall have night setback features. C. Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. 14. Fence /Wall Plan: A fencing, perimeter, gate, and privacy barrier wall plan, complete with related landscaping details, identifying the materials to be used and proposed wall heights and locations shall be submitted to and approved by the Community Development Director prior to the issuance of a Zoning Clearance for grading. 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 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 that comprises existing walls and or fences that are to be connected to the project perimeter wall. 15. 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. 16. Final Design: The final design and location of all walls and fences, streetscape elements, urban landscaping are subject to the approval of the Community Development Director. 17. 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 areas or drainage improvements outside of the public right - of -way, which have been designated to be maintained by the City. In addition, prior to Final Map approval for any phase, the Applicant shall also provide to the City a signed Petition /Waiver a) requesting formation of an Assessment District to fund future costs for the maintenance of any landscaping and /or drainage facilities Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 6 designated to be maintained by the City, and b) waiving all rights conferred by Proposition 218 with regard to the right to protest any such assessments. Said Petition and Waiver shall include, as an Exhibit, an Engineer's Report fully setting forth a description of the assessment district and the assessments, consistent with the requirements of the California Streets and Highways Code. Said report shall be prepared by a consultant to be retained by the City. The Applicant shall pay to the City a $5,000 advance to fund the cost of the Engineer's Report. In the event it is determined that there will be no landscaping or extraordinary drainage improvements to be maintained by the City, the Community Development Director may waive this condition with the concurrence of the City Manager. 18. Prior to Final Map approval, the City Council shall determine which areas shall be maintained by a maintenance assessment district. 19. 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. 20. 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, 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. 21. Cable Television: During construction, Developer shall allow all persons holding a valid cable television Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 7 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. 22. 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 HOA shall pay monthly to City an access fee of five percent (5%) 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. 23. Disclosure Statement: Developer is required to include within the Final Subdivision Public Report issued by the Department of Real Estate of the State of California, which requires notification and disclaimer to all buyers of lots in Tract 5307, a City Attorney approved notification of the future widening of Los Angeles Avenue adjacent to the Tract and that homes 'adjacent to Los Angeles Avenue are subject to potential intrusive noise from traffic. The Public Report and Disclosure Statement will be signed by all future buyers to document acknowledgment of disclosure. 24. Redevelopment Area Affordable Housing Requirements: To meet the requirements of California Health and Safety Code 33410 et seq., as a condition of Tentative Tract Map No. 5307, Developer shall agree as follows: (a) Low Income Units: (i) Provide two (2) three (3) bedroom units of not less than 1,138 square feet in size, to be sold to buyers who meet the criteria for low income households established by the United States Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 8 Department of Housing and Urban Development for the County of Ventura (80% of Median income). The first unit shall be constructed and occupied no later than the construction and occupancy of the seventh (7 th) unit of the project. (ii) The second unit shall be constructed and occupied no later than the construction and occupancy of the twentieth (20th) unit in the project. (b) Very Low Income Unit: Provide one (1) three (3) bedroom unit of not less than 1,138 square feet in size, to be sold to buyers who meet the criteria for very low income households established by the United States Department of Housing and Urban Development for the County of Ventura (50% of Median income). The very low income unit shall be constructed and occupied no later than the construction of the fifteenth (15th) unit of the project. 25. Affordable Housing Implementation and Resale Restriction Plan and Affordable Housing Agreement: The initial sales price, location of the affordable units, buyer eligibility, resale restrictions, respective role of the City and the Developer, and any other item determined necessary by the City shall be set forth in an Affordable Housing Implementation and Resale Restriction Plan, which shall be approved by the City Council prior to recordation of the first final Tract Map for this project. The Developer and City shall, prior to the occupancy of the first residential unit for the Project, execute an Affordable Housing Agreement that incorporates the Plan in total and is consistent with Tract 5307 conditions of approval. 26. Affordable Housing Agreement Preparation Fee: Developer shall pay to City the amount of Seven Thousand Five Hundred Dollars ($7,500.00) for the City's cost to prepare the required affordable housing plan and agreement. B. COMMUNITY SERVICES DEPARTMENT CONDITION: 27. Park and Recreational Facilities (Quimby) Fee: Prior to approval of Zoning Clearance for residential unit building permit, the subdivider shall pay fees in accordance with Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 9 Section 8297 -4 of the City's Subdivision Ordinance (Parks and Recreation Facilities). The fee for the three affordable units shall be $4,000 per dwelling unit. The fee for the market rate units shall be determined based on Subdivision Ordinance requirements. C. CITY ENGINEER CONDITIONS: General Conditions: 28. 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. 29. 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. 30. 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. 31. 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. 32. All existing and proposed utilities shall be under grounded as approved by the City Engineer. This also includes all existing above ground power lines adjacent to the project site along Flory Avenue (not Los Angeles Avenue) that are less than 67Kv. 33. 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. Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 10 34. 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. 35. 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. Prior to Final Map Approval Conditions: 36. The Developer shall submit to the Department of Community Development and the City Engineer for review a current title report, which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 37. Any mapping that requires review and approval by the County of Ventura shall be concurrently submitted to the City Engineer for review and approval. Developer shall be responsible for all associated fees and review costs. 38. A final tract map prepared by a California Registered Engineer meeting all of the provisions of the Subdivision Map Act shall be submitted for review by the City Engineer. 39. 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. 40. On the Final Map, the Developer shall offer to dedicate to the City of Moorpark all right -of -way for public streets. 41. Prior to submittal of the Final Map to the City for review and prior to approval, the Developer shall transmit by certified mail a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 11 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. Grading Conditions: 42. 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. 43. 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. Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 12 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. 44. 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. 45. 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. Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 13 a. Provide temporary soil cover, such as hydroseeding, jute blankets, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. b. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. C. Rough grade contours to reduce flow concentrations and velocities. d. Divert runoff from graded areas, using straw bale, earth, and - sandbag dikes. e. Phase the grading to minimize soil exposure during the October through April rainy season. f. Install sediment traps or basins. g. Maintain and monitor erosion /sediment controls. 46. 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. 47. 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 6 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 be City Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 14 receive complaints from adjacent property owners. 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 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. Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 15 48. Build out of the project shall be consistent with any approved Tentative Map Phasing Plan adopted by the City Council. This phasing plan shall be recorded at the time the Final Map is approved. The Phasing Plan shall be consistent with requirements to provide adequate dual access to the occupied building units and to the area under construction. 49. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a Registered Civil Engineer, 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. 50. 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. 51. 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. 52. 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 Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 16 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 State Route 23 freeway and New Los Angeles Avenue interchange and proceed westerly to Flory Avenue, thence northerly along Flory Avenue to "A" Street, thence into the site. Empty haul trucks shall proceed northerly on Flory Avenue to Third Street, thence westerly to Moorpark Avenue (State Route 23) and southerly to Los Angeles Avenue. If the haul is from the west, the haul trucks shall enter the City from Los Angeles Avenue and proceed easterly to Flory Avenue, thence northerly along Flory Avenue to "A" Street, thence into the site. Empty haul trucks shall proceed northerly on Flory Avenue to Third Street, thence westerly to Moorpark Avenue and southerly to Los Angeles Avenue. 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. Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 17 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 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 on school days and between the hours of 8:00 AM and 5:00 PM on non - school days (school holidays). 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 Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 18 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. 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. 53. All requests for staged grading shall be submitted in writing to the City Engineer for review and approval by the City Council. 54. 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. 55. 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. 56. 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. Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 19 57. 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 Community Development Director shall approve all material for the construction of the wall. 58. Grading may occur during the rainy season from October 1st 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 1st date, revised erosion control plans shall be submitted to the City Engineer no later than September 1st of each year from the start of grading or clearing operations to the time of grading bond release. 59. 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. 60. 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. 61. 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 Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 20 contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off - site and on -site to prevent excessive amounts of dust. d. 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. 62. 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. 63. 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. 64. 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. Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 21 65. The Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 66. Backfill of any pipe or conduit shall be in 4 -inch fully compacted layers unless otherwise specified by the City Engineer. 67. 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. 68. Observe a 15 -mile per hour speed limit for the construction area. 69. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 70. The entire site shall be graded at the same time. Pads shall be graded, planted and landscaped to the satisfaction of the City Engineer. Geotechnical /Geological Conditions: 71. 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. All grading, 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. b. An engineering geologist shall define the final grading requirements for residential 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 may be identified that are deemed Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 22 inactive should address enhancing the stability of homes in the event minor movement occurs as a secondary effect of ground shaking. C. 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 and final map. No structure shall be placed within 50 feet of any fault trace. d. 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. e. The developer shall contract with an engineering geologist to conduct geotechnical investigations and to prepare grading recommendations, foundation design criteria, and other recommendations regarding detailed project design. The soils engineer shall evaluate the condition of alluvium, liquefaction, expansive soils, seismic safety and unconsolidated soils. The soils report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Should the need for additional geotechnical studies be generated or required as a result of the geotechnical investigation, additional plan check fees will be required. Relatively loose soils or alluvium shall be densified or removed and recompacted 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. f. Grading permits shall not be issued until 40 scale grading plans have been approved. The project shall be constructed in accord with the approved grading plans. g. Review of the Geotechnical Engineering Report, by the City's Geotechnical Engineer, is required. The Developer shall reimburse the City for all cost Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 23 including the City's administrative fee for this review. h. 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). 72. 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. 73. 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. Street Conditions: 74. 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. 75. 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: 76. 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 of $1,444.00 per residential unit to fund TSM programs or clean -fuel vehicles programs as determined by the City. Commencing on January 1, 2005, and annually thereafter the Air Quality Fee shall be adjusted by any increase in the Consumer Price Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 24 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 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. 77. Prior to the first Zoning Clearance for residential unit building permit, Developer shall pay a fair -share contribution for intersection improvements for Poindexter Road /Moorpark Avenue, Los Angeles Avenue /Moorpark Avenue, Los Angeles Avenue /Spring Road and Spring Road /High Street. The level of fair -share participation will be to the satisfaction of the City Engineer based on the traffic report prepared for the project and the extent of the impact to these intersections. 78. 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 the tentative subdivision map, the amount of the Citywide Traffic Fee shall be $4,240 per dwelling 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. 79. 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 Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 25 prior to the issuance of Zoning Clearance for each building permit. Street Requirements: Los Angeles Avenue 80. The Developer shall irrevocably offer to dedicate for street purposes all the property south of the north property line wall to the satisfaction of City and Caltrans for Los Angeles Avenue street improvements to be constructed as a Los Angeles Avenue Area of Contribution (AOC) fee improvement project. The amount of property needed for the right -of -way for Los Angeles Avenue and the location of the sidewalk shall be as determined by the City Engineer and the Community Development Director. The Developer shall be required to install landscaping north of the property line wall in the area not required for street improvements and sidewalk. Landscaping along Los Angeles Avenue shall be shown on the landscape plan to be approved by the Community Development Director. If approved by the Community Development Director, City Engineer and Caltrans, the sidewalk width may be reduced to six (6) feet if determined necessary to achieve adequate landscape area adjacent to the southerly property line wall. 81. Pedestrian facilities shall meet all City and ADA requirements and shall be safe and visible from vehicle and pedestrian traffic along Los Angeles Avenue. 82. The Developer shall dedicate vehicular access rights to the City of Moorpark along Los Angeles Avenue on the final map. 83. An encroachment permit shall be obtained from Caltrans prior to construction of any proposed roadway or other improvements within their right -of -way. Any additional right -of -way required to implement the approved design for this work in their 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. City Streets: Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 26 84. 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 Community Development Director. 85. All streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision), unless noted otherwise in the Conditions. 86. Pedestrian facilities shall meet all City and ADA requirements, shall be safe from vehicular traffic along "A" Street, Flory Avenue, 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. 87. 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 Developer shall dedicate any additional right -of -way necessary to make all of the required improvements. 88. Entry monumentation that does not interfere with sight - distance or turning movements shall be incorporated into the project entrance planning at Los Angeles Avenue and Flory Avenue. 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 Community Development Director and the City Engineer prior to the issuance of the building permits. 89. "A" Street shall be constructed per modified Ventura County Standard Plate B -6 -B, 44 foot right -of -way; containing two 12 -foot wide travel lanes, one 4 -foot wide bike lane, one 8 -foot wide parking lane, and two 3.5 foot wide sidewalks, Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 27 not including top of curb. A 5 feet wide Public Utility Easement (P.U.E.) shall be provided adjacent to the street right -of -way. The maximum grade within the P.U.E. shall be 2 %. Developer shall demonstrate conformance to ADA access requirements at all locations including driveway locations. An ADA plan shall be reviewed and approved by the City Engineer and help on file to show conformance to those requirements. Improvement plans will detail all locations where utilities or other improvements conflict with normal walk locations. The Final Tract Map and Improvement Plans will reflect all such locations that affect lot lines and right -of -way lines. 90. At the easterly end of "A" Street the Developer shall construct a "hammerhead" turnaround to meet the minimum requirements of the fire department. Improvements shall provide access to the property that bounds the easterly boundary along the turnaround. If necessary, the Developer shall procure any additional right of way. The final map and improvement plans shall make provisions for this. Improvements and mapping shall be to the satisfaction of the City Engineer. 91. Driveways shall be designed in accordance with the latest APWA Standards. 92. 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 3.5 feet clear sidewalk width must be provided around the obstruction. 93. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. All fences, walls and other structures over six (6) feet high are to be submitted to and approved by the Community Development Director and the City Engineer. 94. The Developer shall dedicate vehicular access rights to the City of Moorpark along Flory Avenue. 95. Prior to recordation of final maps, the proposed street name shall be submitted to the Fire District's Communications Center for review and approval. Approved street names shall be shown on the final map. Street name signs shall be installed in conjunction with the road Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 28 improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. 96. Prior to approval of the final Tentative Map, the proposed infrastructure plan for the project shall be designed to place all required water, sewer and storm drains in "A" Street from the tract to Millard Street. The applicant shall obtain all necessary right -of -way and easements to install the required infrastructure in this alignment. The City may assist with the acquisition of such easements. 97. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the Developer at his /her expense. Street Lighting Conditions: 98. Streetlights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. Prior to final map recordation, 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: 99. The applicant shall make a pro -rata contribution to the mitigation of cumulative regional drainage deficiencies, should the City adopt such a program prior to issuance of the first building permit. 100. 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 sufficient surety guaranteeing the construction of all improvements. 101. The plans shall depict all on -site and off -site drainage structures required by the City. 102. 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. Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 29 103. 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. 104. 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. 105. Under a 10 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector streets shall have a minimum of one dry travel lane in each direction. 106. "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. 107. Drainage grates shall not be used at any location accessible by pedestrian, bicycle or equestrian traffic. 108. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. 109. 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 flows. Both storm drains and easements outside the public right -of -way are to be privately maintained unless otherwise approved by the City Council. 110. Concrete surface drainage structures exposed to the public view, shall be tan colored concrete, as approved by the Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 30 Community Development Director, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. 111. 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 Developer shall inform all new and future homeowners that future improvements such as pool construction or other private improvements require observance of the same requirements. This notification agreement shall be acknowledged by each homeowner and recorded with each property and enforced by any proposed Homeowners Association. 112. 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. 113. 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. 114. 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. 115. Developer shall improve the storm drain facility immediately adjacent to and east of the site (Fremont Drain) and extend these facilities upstream to Millard Street. In addition, Developer shall provide a hydrology study to determine the Developer's pro -rata share of the cost to construct Fremont Drain (total cost estimated $428,000) based on City of Moorpark Master Plan of Drainage (April 1995). The cost estimate shall be adjusted based on latest Quarterly State Highway Bid Price Index Chart from Engineering News Record, The Construction Weekly magazine. 116. The Developer shall demonstrate, for each building pad within the development area, that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 31 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. 117. 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. 118. 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. 119. 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. 120. 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). National Pollutant Discharge Elimination Svstem ( NPDES) Requirements: 121. 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 Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 32 Pollution Control Plan (SWPCP) to the satisfaction of the City Engineer. 122. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 123. 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. 124. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." 125. 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). 126. 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. 127. The Developer shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 128. Prior to Final Map 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 (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 33 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. 129. 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. 130. 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 review and approval of the County Waterworks District No. 1. g. The City will require that "passive" devices and BMP's be used to comply with NPDES water quality requirements. The Developer shall provide the City with a Maintenance Program for such devices. The Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 34 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. 131. 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: 132. 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 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. Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 35 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 Certificate of Occupancy, the Following Conditions shall be Satisfied: 133. If directed by the City, the Developer shall have repaired, overlayed or slurried that portion of Flory Avenue and /or Los Angeles Avenue 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 otherwise approved and shall be completed to the satisfaction of the City Engineer. 134. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 135. 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: 136. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 137. Sufficient surety in a form and in an amount acceptable to the City guaranteeing the public improvements shall be Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 36 provided, and shall remain in place for one year following acceptance by the City. 138. 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. D. FIRE DEPARTMENT CONDITIONS: 139. 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. 140. All access roads /driveways shall have a minimum vertical clearance of 13 feet 6 inches (13'6 "). 141. 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 2.5% cross slope in any direction and shall be located within 150 feet of the end of the access road /driveway. 142. Public and private roads shall be named if serving more than four (4) parcels. 143. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center for review. 144. 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. Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 37 145. Address numbers, a minimum of 4 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event, the structure(s) is not visible from the street, the address number(s) shall be posed adjacent to the driveway entrance. 146. A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 147. 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. 148. 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. 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. 149. 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 Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 38 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. 150. 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 1,000 gallons per minute at 20 psi. 151. 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. 152. 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. 153. Applicant shall submit a phasing plan to the Fire Department for review and approval prior to construction. 154. A copy of all recorded maps shall be provided to the Fire District within seven (7) days of recordation of said map. E. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS: 155. 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. 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: Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 39 156. No direct storm drain connections to Ventura County Flood Control District facilities will be allowed without appropriate Best Management Practices (BMP's) for compliance with Ventura Countywide Stormwater Program. 157. 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. Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 40 EXHIBIT D CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2001 -01 AND VARIANCE 2002 -01 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 ". 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. Use Inauguration: 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) one (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 30 -days prior to the expiration date of the permit. 3. 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. 4. 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 Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 41 condition compliance requirements for each phase of development. 5. 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. 6. 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). 7. Redevelopment Area Affordable Housing Requirements: To meet the requirements of California Health and Safety Code 33410 et seq., as a condition of Tentative Tract Map No. 5307, Developer shall agree as follows: (a) Low Income Units: (i) Provide two (2) three (3) bedroom units of not less than 1,138 square feet in size, to be sold to buyers who meet the criteria for low income households established by the United States Department of Housing and Urban Development for the County of Ventura (80% of Median income). The first unit shall be constructed and occupied no later than the construction and occupancy of the seventh (7th) unit of the project. (ii) The second unit shall be constructed and occupied no later than the construction and occupancy of the twentieth (20th) unit in the project. (b) Very Low Income Unit: Provide one (1) three (3) bedroom unit of not less than 1,138 square feet in size, to be sold to buyers who meet the criteria for very low income households established by the United States Department of Housing Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 42 and Urban Development for the County of Ventura (50% of Median income). The very low income unit shall be constructed and occupied no later than the construction of the fifteenth (15th) unit of the project. 8. Affordable Housing Implementation and Resale Restriction Plan and Affordable Housing Agreement: The initial sales price, location of the affordable units, buyer eligibility, resale restrictions, respective role of the City and the Developer, and any other item determined necessary by the City shall be set forth in an Affordable Housing Implementation and Resale Restriction Plan, which shall be approved by the City Council prior to recordation of the first final Tract Map for this project. The Developer and City shall, prior to the occupancy of the first residential unit for the Project, execute an Affordable Housing Agreement that incorporates the Plan in total and is consistent with Tract 5307 conditions of approval. 9. Affordable Housing Agreement Preparation Fee: Developer shall pay to City the amount of Seven Thousand Five Hundred Dollars ($7,500.00) for the 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 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 and Tentative Tract Map No. 5307, subject to Community Development Director approval. 12. All garage doors shall be rollup. A minimum of 20 feet shall be provided in front of each door. 13. Each residence shall maintain a minimum rear yard setback of 10 feet. Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 43 14. Accessory structures and patio covers shall maintain a minimum five (5) foot side yard setback and ten (10) foot rear yard setback. 15. The applicant shall provide vehicular gates for all Plan 2 homes. The Community Development Director shall approve the final design of these gates prior to issuance of a building permit. 16. The Developer shall install front yard landscaping as approved on the landscape plans. Front yard landscaping shall be completed for each lot prior to occupancy approval. 17. The Developer shall provide neighborhood identification monument sign at the northeast corner of Los Angeles Avenue and Flory Avenue that reads "Walnut Acres." The final design and location of the sign shall be approved by the Community Development Director. The sign shall be installed concurrent with perimeter wall installation. 18. Changes to Design: The following changes to the building elevations shall be incorporated by the Applicant and new copies of the building elevations submitted to the Community Development Director for approval prior to issuance of a building permit for any homes: a. Additional window treatment shall be provided on all rear second story windows and on the side second story windows on Lots 1, 11 and 22 subject to the approval of the Community Development Director prior to issuance of a building permit. b. The Plan 3 elevations shall be revised to incorporate design elements and materials similar to Plan 1 and Plan 2 elevations. These revised elevations shall be approved by the Community Development Director prior to issuance of a building permit. 19. Adjoining residential units may not have the same floor plan or elevation. 20. Compatibility of Changes to Plans: 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 200 feet (or as otherwise determined by the Community Development Director) of the Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 44 side property line of the structure proposed for expansion or alteration, subject to the review and approval of the Community Development Director consistent with the approved Design Guidelines and Zoning Code requirements. 21. All air conditioning or air exchange equipment shall be placed at ground level, may not be placed in a sideyard setback area within 15 feet of an opening window at ground floor level of any residential structure, and shall not reduce the required sideyards to less than 5 feet of level ground. -All air conditioning or air exchange equipment shall be placed in the sideyard setback area where compliance with these standards can be achieved. 22. 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. 23. Garages shall maintain a clear unobstructed dimension of 20 feet in length and 10 feet in width for each parking stall provided with a minimum of two garage - parking stalls required for each dwelling unit. 24. 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. a. All residential units shall be constructed employing energy saving devices. These devices are to include, but are not limited to the following: Ultra low flush toilets (to not exceed 1.6 gallons); b. Low water use shower controllers as required by Title 24 of the Uniform Building Code shall be placed on all shower facilities; C. Natural gas fueled stoves; ovens and ranges shall not have continuous burning pilot lights; d. All thermostats connected to the main space- heating source shall have night set back features; e. To ensure closure when not in use kitchen ventilation systems shall have automatic dampers; and 25. Hot water solar panel stub -outs shall be provided. Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 45 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. 27. Phasing: Construction phasing shall be approved by the Community Development Director. The Director shall avoid to the extent possible any impacts to existing residential areas from construction traffic. 28. Submittal of Construction Drawings: 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. 29. Citywide Traffic Mitigation Fee: As a condition of the issuance of a building permit for each residential unit within the boundaries of the Tract Map, 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 $4,240.00 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. 30. 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 Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 46 Section 711.4; the project is not operative, vested or final until the filing fees are paid. 31. 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, 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. 32. 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 of $1,444.00 per residential unit to fund TSM programs or clean -fuel vehicles programs as determined by the City. Commencing on January 1, 2005, and 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 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. 33. 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. Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 47 158. Park and Recreational Facilities (Quimby) Fee: Prior to approval of Zoning Clearance for residential unit building permit, the subdivider shall pay fees in accordance with Section 8297 -4 of the City's Subdivision Ordinance (Parks and Recreation Facilities). The fee for the three affordable units shall be $4,000 per dwelling unit. The fee for the market rate units shall be determined based on Subdivision Ordinance requirements. 34. 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. 35. 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 HOA shall pay monthly to City an access fee of five percent (5%) 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. S. CITY ENGINEER CONDITIONS: 36. The City Engineering conditions of approval for Tentative Tract Map No. 5307 apply to Residential Planned Development Permit No. 2001 -01. C. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS: 37. 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. Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 48 38. All access roads /driveways shall have a minimum vertical clearance of 13 feet 6 inches (1316 "). 39. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire Department access roads /driveways exceed 150 feet. Turnaround areas shall not exceed a 2.5% cross slope in any direction and shall be located within 150 feet of the end of the access road /driveway. 40. Public and private roads shall be named if serving more than four (4) parcels. 41. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center for review. 42. 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. 43. Address numbers, a minimum of 4 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event, the structure(s) is not visible from the street, the address number(s) shall be posed adjacent to the driveway entrance. 44. A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 45. 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. 46. 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. 47. 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. 48. The required fire flow shall be achieved at no less than 20psi residual pressure. Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 49 49. Fire hydrants shall be spaced 500 feet on center, and so located that no structure will be farther than 250 feet from any one hydrant. 50. Fire hydrants shall be set back from the curb face 24 inches on center. 51. No obstructions, including walls, trees, light and sign posts, meter, and shall be placed within three (3) feet of any hydrant. 52. A contract pad shall be installed extending 18 inches out from the fire hydrant. 53. Ground clearance to the lowest operating nut shall be between 18 to 24 inches. 54. 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. 55. 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 1,000 gallons per minute at 20 psi. 56. 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. 57. 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. 58. Applicant shall submit a phasing plan to the Fire District for review and approval prior to construction. 59. A copy of all recorded maps shall be provided to the Fire Prevention Division within seven (7) days of recordation of said map. D. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS: 60. Prior to issuance of a building permit, Applicant shall provide Ventura County Waterworks District the following: Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 50 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. 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: 61. No direct storm drain connections to Ventura County Flood Control District facilities will be allowed without appropriate Best Management Practices (BMP's) for compliance with Ventura Countywide Stormwater Program. 62. 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. POLICE DEPARTMENT CONDITIONS: 63. 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. Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 51 G. MOORPARK UNIFIED SCHOOL DISTRICT CONDITION: 64. 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. H. BUILDING DEPARTMENT CONDITIONS: 65. The final grading plan shall meet all standards of the Uniform Building Code (UBC). 66. Spark Arrestor: An approved spark arrestor shall be installed on the chimney of any structure(s). I. MITIGATION MEASURE CONDITIONS: 67. Prior to submittal of building plans, Applicant shall provide an acoustical study report to the City of Moorpark that outlines a program for implementation of the Noise Element Standard of 65 CNEL (Community Noise Equivalent Level) to be attained at all locations within the development. The City also requires that interior noise levels attributable to exterior noise sources not exceed 45 CNEL. The intent of the interior noise level criterion is to provide an acceptable noise level for communication and sleep. 68. A sound wall shall be constructed along the southern property line of Lots 1 through 11, along Los Angeles Avenue. The top of the sound wall must be 9.5 feet above the centerline surface of Los Angeles Avenue for Lots 1 and 2, 10.5 feet above the centerline for Lots 3 to 9 and 11.5 feet above the centerline for Lots 10 and 11. 69. The sound wall shall extend at least 20 feet to the north on the west side of Lot 1 and at least 20 feet on the east side of Lot 11. These extensions would then transition gradually in height down to a standard 6 -foot high wall height. 70. To reduce the interior noise levels, a minimum window glass thickness of 3/16 -inch and a standard exterior wall of 5/8- inch gypsum board, 3.5 -inch fiberglass filled cavity, 7/8- inch latch and stucco, typical for single family residential developments shall be installed. Resolution No. 2002 - Tentative Tract Map No. 5307 Residential Planned Development Permit No. 2001 -01 Page 52 71. All second story windows along Los Angeles Avenue shall be Milgard type 5120 double glazed window assemblies or an equivalent with a minimum STC 33 rating. 72. All rear and side entry doors of the homes on Lots 1 through 11 shall be gasketed (jamb, head, sill) with interlocking or tube -type compression weather - stripping, or an effective equivalent. MITIGATION MONITORING PROGRAM MONITORING AND REPORTING REQUIREMENT FOR NOISE MITIGATION MEASURES: Prior to issuance of a building permit, the Building and Safety Office will provide a memorandum to the Community Development Director verifying that the building permit plans comply with all noise mitigation measures imposed as conditions of approval. STATE OF CALIFORNIA— BUSINESS TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS. Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7, REGIONAL PLANNING ` IGR/CEQA BRANCH , 120 S. SPRING ST. LOS ANGELES, CA 90012 Flex your power. PHONE (213) 897 -4429 Be energy efficient! FAX (213) 897 -1337 March 11, 2002 RECEIVED IGR/CEQA cs/020308 NEG DEC MAR 18 7007 City of Moorpark 22 single family homes Los Angeles Ave. /Flory Ave. Vic. VEN -118 -R 17.57 SCH # Ms. Joyce Parker - Bozylinski City of Moorpark Department of Community Development 799 Moorpark Ave. Moorpark, CA 93021 Dear Ms. Parker- Bozylinski: Thank you for including the California Department of Transportation in the environmental review process for the above - mentioned project. Based on the information received, we have the following comments: Any work to be performed within the State Right -of -way including grading, landscaping, irrigation, etc. will need a Caltrans Encroachment Permit. We recommend that the local agency implement a fair share funding program on a pro rata basis to be used for needed traffic improvements resulting from trips generated by the project along with all other projects in the vicinity. We recommend that construction related truck trips on State highways be limited to off -peak commute periods. Transport of oversize or overweight vehicles on State highways will need a Transportation Permit from the California Department of Transportation. If you have any questions regarding our response, refer to our internal IGR/CEQA Record # cs/020308, and please do not hesitate to contact me at (213) 897 -4429. Sincerely, STEPHEN BUSWELL IGR/CEQA Branch Chief cc: Mr. Scott Morgan, State Clearinghouse ATTACHMENT 5 " Caltrans improves mobility across California"