HomeMy WebLinkAboutRES PC 2005 0493 1122RESOLJ-'ION NO. PC-200'. )-493
A RESO-,UTION OF THE PLANNING C OMMTSSION OF 'T'EE. CITY
OF MOORPAR -/,, CALIFORNIA, RECOMMENDING TO TEF CI'T'Y
COUNCIL ADOPTION OF A MITTGATED NEGATIVE DECLARATION
AND APPROVAL OF GENERAL PLAN AMENDMENT NO. 2004 -03,
ZONE CHANCE NO. 2004 -02, VESTING T�'NTATTVE TRACT MAP
NO. .)437 AND RES- DENTTAL PLANNED DEVELOPMENT PERMIT
NO. 2004 -05 TO DEVELOP STXTEEN (16) :COMES, FTVE (5)
CUSTOM HOME, LOTS, AND ONE OPEN SPACE LOT ON 42.4
ACRES, :,OCATF.D FAST OF WALNUT CANYON ROAD AT
CHAMPICNSI'1P DRIVE, ON THE APPLICAT -0N OF PIRDSALL
GROUP, LLC
WHEREAS, at a duty noticed public :near -ng on November 2.2,
2005, -:he Pirinning Commission considered General Plar. Amendment
No, 2004 -03, Zore Change No. 2004 -0�, Vest:nq Tentative Tract
Yap 543/, and Residential Planned Development Permit (RPD) No.
2004 -05 to develop sixteen (16) ~comes, f --ve (5) c-.istorr. home lots
arid one ooer: space lot: on 42.4 acres, located east of Walnut
Canyon Road at Champ=_onship Drive, on the application o`
Birdsall Grouc, LLC (Assessor Parcel Nos. 500 -0 -240 -016 and 500-
0- 240 -C25; and
WHEREAS, at its meeting of November 22, 2005, the Planning
Commission considered t=ie agenda repo -t and any supplements
thereto and written. public comments; opened the public hearing
and took and considered p-.zblic testimony both for and against
the proposal; closed the public hearing and reacl-ed a decision
on this matter.
NOW, THEREFORE, THE PLANNING C:OMMI >SICN CF THE CITY OF
MOORPARK, DOES EEREB`_' RESOLVE AS _'CI,LOWS:
SECTION ~;NVIRCNMEN''AI. DOCJMENTION: An Initial Study and
a Mitigated Negative Dec 1a ratior. have been prepared for the
project: in comp;iance with the Cali.fcrnia Environmental Quality
Act: (CEQA), and City Policy. Basod upon t:he Initial Study and
litigated Negative Declaration, including any comments received,
tine Planning C:>mm -ssicn recommends adoption of the Mitigated
Negative Declaration by the City Council.
SECTION 2.
SUBDIVISION
MAP ACT FINDINGS: Based or:
the
information se-_
forth in the
st -aff r.epor :, (s) and accoripanying
maps and studies
the Plann -nc
Commission }:as determined that
the
Vesti.nq Tentative
Tract Map
No. 54 "�7, w_th impositicn of
the
attacr-.ed Spec -al
and Standard
Coridi: _.ons of Approval, meets
the
Resolution. No. PC- 2005 -493
Page 2
requirements of California Government Code Sections 66473.5,
66474, 66474.6, and 66478.1 et seq., _n that:
A. The proposed map would be consistent with the City of
yoorpark General Plan and Zoning Ord=inance if amended by
General Plan 7lmendmen -. No. 2004 -03 and Zone Change No.
2004 -02 to allow for a Residential Planned Development at a
density up to one (1) unit per acre.
B. The design and improvements of the proposed subdivision are
consistent w r: t *,re City f Moorpark General Plan i£
amended by General Plan Amendment No. 2004 -03 and Zone
Change Nc. 2.004 -03 for a Residen.tiat P --anned Development to
allow for a density up to one ( -) unit per acre.
C. The sate is physically suitable for the type of development
proposed in that the site can be engineered -o allow for
all required utilities to be brought to t :ne site, adequate
ingress and egress can be obtained, and the site can be
provided with public and emergency servi(,-es.
D. The site is physically suitable for the proposed density of
deve= opment of cne ;1) unit, per acre, in that all City
Development standards would be -net by the proposed project
while preserving 19.63 acres of the project site as open
space.
E. The desigr; of -he subdivision and the proposed improvements
arc not -ikely to cause substantial environmental damage,
i n t_ha- all poten:..ia l impac=ts would be rn _ t,, ga -ed through
project design or conditions includi.rg restoration of a 2.2
acre area of Coastal Sage Scrub habitat.
F. The design of the subdivi s` or: and the type of improvements
are not likely to cause serious public hea'. -h problems, in
tha- adequate sanitation is both feasible and required as a
condit-.on of this devel.opmer.t.
G. The design of the subdivision and :.he type of improvements
wii.l not, conflict with easerren-s acquired by the public at
large, for access :nrough, or use of the property within
the proposed subdivisior:, In that reciprocal access
easements for improvements between Tract 5045 (Pardee) -o
the east and the s-'--e have been iden'; i f i ed and i ncorporat.ed
in tine design o= this project.
11. There will be r:o discharge of waste from the proposed
subdivision into an existing community sewer system in
viola -ion of existing water quality control requirements
under Wa`er Code Section 13000 et_ seq.
Reso -, utior. No. PC- 200`) -493
Page 3
I. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coasiline, shoreline, lake,
or reservoir, in that it is located on at hilly site at
elevations between 770 and 900 feet, away from any public
waterways.
SECTION 3. PLANNED DEVEIOPMENT FINDINGS: Rased uoon the
information set forth in the staff report(s), accompanying
studies, and oral and written public testimony, the Planning
Commission makes the following findings in accordance with City
of Moorpark, Municipal Code Section 17.44.043:
A. The proposed project site design, including structure
location, size, height, setbacks, massing, scale,
architectural style and colors, and landscaping is
consistent with the provisions of the Cit,y's General Plan
and Zoning Ordinance, if amended by General. Plan. Amendment
No. 2004 -03 and Zone Change No. 2004 -02, in that the
proposed project will provide -or the orderly development
of land identified in. the City's Genera- Plan and Zoning
Ordinance as appropriate for residential development.
B. The si-.e design of the proposed project wou.d not: create
negati.vc impacts on or ,impair the utility o_ properties,
structures or uses in the surrounding area, in that the use
proposed is similar to uses existing or proposed to the
north, south, east and west, and access to adjacent uses is
not hindered by this prV ecn; and reciprocal access
easemen:.s will be provided between : e projeci site and the
sites to the east.
C. The proposed project is compatible with ex -sting and
permitted uses in the surrounding area, in that the
surrounding existing and future development includes
variety of single-family detached homes and open space.
SECTION 4. PLANN tNG COMYTSSION RECCMNENDATION:
A. The Planning Commission recommends to the City Council
approval of Genera= Plan Amendmenn 2004 -03, as shown in
Exhibit. A, attached hereto and incorporated herein by
reference, for a change in the Land Use Designation of the
Land :;se Element of the General Plan from Rural how
Residential (RE) no Roral High Residential W) and Open
Space 1 (OS -1) .
Resolution No. PC- 2005 -493
Page 4
B. The Planning Commission recommends to the Ciry Council
approval of 'Lore Change 2004 -02, as shown_ in Exhibit B,
antached hereto and incorporated herein by reference, for a
change in the Toning from Rural Exclusive (RE -5ac) to
Residential Planner: Development one unit per acre (RPD -lu)
and Open Space (OS).
C. The Planning Commission recommends to the City Council
approval of Vesting Tentative Tract Map No. 543/ for the
subdivision of 42.4 acres of land into twenty -two (22) lots
subject to the Special and Standard Conditions of Approval
included in Exhibit C, attached hereto and incorporated
herein by reference.
D. The Planning Commission recommonds to the City Council
approval of Residential Planned Development Permit No.
2004 -05 for the development of sixteen (16) residential
uni -�is, five (5; c,, :stom home 1 o! s and one open space 1ot
subject to the Special and Standard Conditions of Approval
included in EXhibA D, attached hereto and incorporated
herein by reference.
Resolution No. PC- 2005 -4ti'
Page 5
_SECTION 5. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in
the book of criginal resolutions.
The action of the foregoing di.Yect: ion was approved by the
following vote:
AYES: Ccmm.i.ssi.oners DiCecco and Taiilon,
Vice Chair Peskay and Chair Pozza
NOES:
ABSTAIN:
ABSENT: CommLssioner Landis
PASS:,,-D, AND ADOPTED this 22 "`1 day %of November, 2005.
Scott P:)LZ,a, al
AT IF, ST:
ja_Ir ye HC rtyjn t D ve oment Director.
Exh_bit A Ge °_eras Plan Amendment Map
Exhibit B - Xcne Change Mac
Exhibit C - Special and Standard Conditions of Approval for Vesting
Tentative Tract Map No. X437 and Residential Planned
Development rermi.t No. 2004 -05
Reso L ut i or,. No. PC -2'00 5-4'---, 3
Page 6
EXHIBIT A
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Resol.ition No. PC- 2005
>?age 8
EXHIBIT C
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR VESTING TENTATIVE TRACT MAP NO. 5437 AND RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO. 2004 -05
SPECIAL CONDITIONS FOR VESTING TENTATIVE TRACT MAP NO. 5437
Planning Division Special Conditions
Vesting Te tativc Tract Map No. 54137 is approved per the
submitted tentative rr.ap as mc;difiod by the conditions
contained in tl:i s resolution.
2. Up to a maxim..im of '.went.y -one ;21; residential lots and one
open space lot may be developed under this entitlement.
3. If street improvements along Walnut Canyon Road are not
corr:p- et_.er by others, the applicant shall fuliy improve
Walnut Canyon Road along the east side of the street from
the soutrern property line of the project site north to tl:e
northerr: city limits, including an improved transition area
beyond the no--thorn city limits, witl: the street
improvement plan being submitted to the City Engineer and
Community Development Director for review and approval
prior to the issuance of resident:.iai buildirg permits. The
street improvements o..i� lined above shall be implemented
prior to the occupancy of any residential units on the
project site.
4. The existing driveway off of Walnut. Canyon Road shall be
used solely fo.r. emergency access and shall have a
decorative drivewav constructed witin an eiectric gate that
only opens out t.o Walnut Canyon Road. a plan for the
design and operation of the gate shall be submitted for
review and approval of the design to Community Development
Director.
5. The 'Tract Map shall show a 200' deep setback between the
residential development areas of Lots 1 and 17 and the
agricu_Itu.ral land on the adjacer_t property to the north
within the unincorporated area of the County of Ventura;
and there shall. not be any allowances for structures of
human habitation. Structures for non -human habitation,
incl'.zding but not .invited to pa'.-Jos, gazob(:.s, horse barns,
tack rocros, horse stalls and riding arenas; may be allowed
upon the determ'_nation and approval of t:no Commur.i.ty
Development Di.rectc).: on a case by case basis. The future
property owners of Lots 1 and 17 shal_1. be required to s:gn
Resolution No. PC -2005 -493
Page 9
an acknowledgement of agreement of the above factors prior
to occupancy of any approved residential dwelling unit.
6. The properties of the tract shall be served with multi-
purpose (hike /bike /equestrian) trails which shall be olaced
along both sides of the private "A." Street, from the
eastern project boundary to '.Ls intersection with "B"
Street and shall be constructed out of decomposed granite
at a minimum of ten feet: (10') in width. The multi-purpose
trail play: shall be shown on the Final Map prior to
recordation subject to the review and approval of the
Community Development. Director.
7. A11, multi- purpose trials shall be separated from vehicular
traffic by tine const,.ruction of a ta: concrete fence with
wood grain appearance at a maximum height of five feet and
with throe horizontal cross members subject to the review
and approval of the Community Development. Director.
8. Prior to the approval of the Final Map, the applicant shall
enter into an agreemen- to par-..icipate in the development
and maintenance agreements of the Homeowners Association of
Planning Areas 8 &9 in 'Tract No. 5045 and contribute a pro-
rated snare towards the cost for streets and drainage
purposes to the satisfaction of the City Attorney, City
Engineer and Community Development Director.
9. Prior to
the approval of the Final
Map,
the applicant shall
offer ..o
dedicate a conservation
easement
to the City of
Moorpark
over '.he areas shown
as
open space on the
Tentative
Tract Map No. 5437, to
the
satisfaction of the
City Engineer
and Community Development
Director.
10. The multi- purpose traU , '.rail fencinq, private streets,
driveway gate to the emergency access off of Walnut Canyon
Road, fuel modification areas and common area slopes shall
a -1 be mant.ained by the Homeowners Association.
11. ALL conditions of Residential Manned Development Permit
No. 2004 -05 shall apply to this Vest'.nq Tentative Tract Map
Nc. 5437.
Engineering Department Special Conditions
Grading
12. Project soi L quantities shat" = balance. No soil shall be
moved io or from this project for grading purposes.
13. The soils report For :his project specifies offsite grading
0 or_ the remedLation of geotechnical conditions. Letters of
Resolution No. Pte: -2C05 -993
Page 10
permission for offsite grading and any temporary
construction and /or permanent easements shall be provided
to the
City
Engineer prior to approval of
the grading
plans.
14. No buildings
sha_i be constructed within 50
feet on each
side of
any known:
active or potentially active
fault.
15. The developer
shall submit a project specific
geotechnical
report
for review and approval by the City Engineer.
PUBLIC AND PRIVATE STREETS
16. 5. Existing driveway at the westerly portion of property
is for the sole purpose of emergency access only.
17. 6. If the existing drive way is to be used as emergency
access only, a gate equipped with fire department approved
locks shall be installed westerly of the proposed fire
deoartment turnaround.
18. '7. The street indicated as Drive must be designed and
built t�> Ven�ura County Road condition standard plans to
the satisfaction of the City Engineer and the Director of
Community Development.
DRAINAGE AND HYDROLOGY
19. A sump condition is proposed on "B" Street and must be
shown. that 100 -year protection of habitable areas assuming
the inlet catch basins ;n the street clogs 100'x. This will
require a secondary emergency outlet for the stamp waters
which will provide a :r,inimum of '1.0 foot freeboard between
the maximum wa -.er surface elevation and the minimum
adjacent finish floor elevation. This emergency outlet
system mist direct overflows to eiLher a downstream street
with adequate capacity or other acceptable downstream
conveyance system. Point of discharge most be analyzed
with regard to prevention of downstream problems. A sump
condition exists wherever water ponds and the inlet is
located at a -ow point and by -pass flow does not occur
until right -of -way width fiooding /pon.ding occurs in the
street.
20. The proposed storm drain pipe system outlettinq easterly of
proposed lot 8 shall include a dissipator structure and
rip -.rap pad for hydraulic energy and velocity scour
reduction.
Resolution: No. PC- 2005 -4u3
Page 11
21. Tine proposed
nrape7oidal chnnnei
located on
the easterly
boundary of
the project shall
be concrete
channel or
alternative
channel design that
addresses and mitigates
erosive conditions
and shall be
approved
by the City
Engineer and
shall be designed in
accordance
with Ventura
County watershed
Protection District Standards.
22. Tne applicant mast snow legal ability to use and benefit
fromr and show rr.echanism to in part or whole maintain the
drainage bVsi.n known as existing Permanent Basin M -24 on
Tract 5045 and associated facilities located for water
quality and detention purposes and -rust be provided prior
to approval of grading plan and filing of Final Map.
23. Ali existing and proposed offsite drainage improvements
intended to be used and benefited as part of this project
must be shown capGx>!e of properly conveying all tributary
flows and must-. be submitted f.or review to the city
Engineer.
SPECIAL CONDITIONS FOR RESIDENTIAL PLANNED DEVELOPMENT 2004 -05
Planning Department Special Conditions
1. Residential Planned Development No. 2.004 -05 is approved per
the submitted site p.i.an as modified by the conditions
contained in this resolution.
2. All conditions of Vesting Tentative Tract Mao No. 5437
shall apply to this Residential Manned Development permit.
3. Single family residences shall comply with the following
setback criteria:
a. Frcnt yards shall have a minimum depth of thirty (30)
feet;
b. Side yards shall have a minimum width of ten (10) feet
on each side, (with a ten (10) root clear to sky side
yard on the driveway /garage side of the lot with no
architectural projections into this side yard to allow
for ingress and egress of the rear yard for transport
of materlais associated 'with animal keeping) ;
C. Rear yards shall have a minimum depth of twen'-y (20)
fee...
Resolution No. PC- 2.005 -4-'-3
Page 12
4. The applicant shall submit a Coastal Sage Scrub Habitat
Restoration. Plan for the restoration of a minimum of 2.2
acres of Coastal Sage Scrub Habitat on the western side of
the si`o to the satisfaction of the Community Development
Director.
5. The applicant shall replace trees on the site in an amount
equal to the appraised value of the removed trees, as
identified in a Tree Report. Should there not be
sufficient space to replace the required trees, or should
appropriate trees not be available, the applicant shall pay
to the City of Moorpark an amount equal to the difference
between the appraised amount, and the vaLue of the trees
planted on site.
6. All of the trees o:� the property shall be reviewed for
preservation
and /or relocation to erasure
substantial
compatibility
with une natural .open space wh-'ch
shall be
re- vegetated
wiih r:aturally occurring
plan:,
materials
Landscaping
and tree replacement Wars
shali be
reviewed
and app_ -ovcd
by the Community Developmenn
Director
prior to
the issuance
of building permits.
7. Prier tc the issuance of building permits, a 100 -foot deep
fuel modification area shall be incorporated into the
project's design and shall be Implemented on the project
site to the south and west of the habitable structures on
the top of the development area of the site as required by
the Ventura County Fire Department.
8. The fuel modification ?one as shown on the Tentative Tract
Map No. 543'1 behLnd ",ots 21, 2C, 19, and 1.8, shall be
continued north beta i nd the pad a.r2a of Lot 1 7 .
9. The pad areas of Lets 1, 2, ? and 17 sga.i.l be contour
graded with the gradtnq _plan submitted for review and
approval of the City Engineer and the Community Development
Director prior to the issuance of grading permits.
1.0. To avoid the sky - lining of Looses and to protect the
ri.dgel.ine viewshed as observed from valley floors, a
building restriction setback shall_ be placed towards the
rear of Lots 17, 14, 19, 2C ar'd 21 indicting that there
shall not be any above ground structures above ten (10)
feet in height allowed within a 35 -root setback distance as
measured easterly away from the finished elevation of 930
feen behind tKe custom iots.
11. The gradd n.q to be oerfor.med for Ot creation of all 21
development pads shall ,occur at one time to ensure that the
earthwork quantities are balanced on site, with the rough
Resolution: No. PC- 2005 -491'3
Page 13
grading plan_ be-.ng subrrlitted for rev -ow and approval of the
City Engineer and Community Development Director, prior to
the issuance of grading permi_.s.
12. An Adm_r:istrative Permit shall be required for each custom
home on L:;ts 1'! through 21 prior to the issuance of
building permits for :.hese properties.
13. All future property owners of lots within Tract 5437 sha--.-'
be required to s=.gr. an ac: know:.edgemen- t ia- all propert es
.located within Trac- 5437 have been created at substantial
sizes which allow the accommodatior. o= various forms of
animal keep -ng, inc =uding :out, not limited to horse keeping.
14. each architectural style sha 1 be 1.1--tilized in at least two
of the homes to be built and the single story plan shall be
u- ilized in at least, four of -he homes to be built and each
architectural style shall have three color schemes,
especially selected to accentuate the style so that the
variety of floor p:_ar.s, arc:ri.t.ect.ural styles, and color
schemes resul -r: :a neighborhood of compatible homes but;
lack-. r.q the repet Lt -or: often; found ir. res.i dential tract
homes, wi -.!-: :_he fi.r.al des -gr: layout_ to be submitted for
review arid approval of the Community Development Director
prior to the .ssuance of bui'ding permits.
15. The driveway access r.o Lots 16 and 17 shall be redesigned
to take access directly off of the nor -here cul -de -sac of
"B" Street and a fina' plan de-rons- rating driveway access
to Lots 16 and 17 shall be submi_tt.ed to the Ci -y Engineer
and Community C(-velopment Director for review arid approval
prior- -o the issuance of building permits on these lots.
16. The
dr.i.veway
access to Jot
4 shall be
reoriented so that
access -s not
located w -thin
the corner
of the intersection.
of.
"A" S :.reet and "B"
Street, and a final olan
demonstrating
driveway access
shall be submitted to the
Ci -y
Engineer
and COm.rr.anity
Ccve I opment
Director for review
and
approval
:) ~i or t.o the issuance
of
building permits or.
this
lot.
1�esoiution No. PC -2005 -49;3
Page 14
STANDARD CONDITIONS OF APPROVAL
FOR SUBDIVISIONS AND PLANNED DEVELOPMENTS
A. The following conditions shall be required of all projects:
GENERAL REQUIREMENTS
1. Within thirty (30) calendar days of approval of this
enti-tlement, the applicant shall sign and return to the
Planning Division an Affidavit of Agreement and Notice of
Er_tiitloment Permit Cond.iti.ons o= Approval, indicat.inq that
;:he appl.:cant has read and agrees to meet all. Conditions of
Approval of hi.s ertit-ement. The Affidavit of
Agreement /Notice steal'- include a legal description of the
sub]ect property, and have the appropriate notary
acknowledgement suitable for recordation.
2. The Final Map shall include the _iral Conditions of
Approval and a reference to the adopted City Council
resolution in a format acceptable to the Community
Deve.lopmen- f)irectcr.
3. This subdivision shall expire three (3) years from the date
of its approval. The Commun-t.y Development Director :nay, at
his /her disc _-cation, grant up to t-wo ;2) additi_ona: one -year
exter.sior.s for map recordation, if there have been no
changes in the ad acen.t areas and if the applicant_ can
document that he/she has di.ligent.I.v worked towards Man
recordation during the initial. period o.f time. The reques`
£or extension of th.i.s Map shall be made in writing, at
least thirty ;30) days prior to the expiration date of the
map and snail be accompanied by applicab e entitlement
processing deposits.
4. This planned development permit shall expire one (1) year
from the Cate o= its appr`:va= unless the use has been
inaugurated by issuance of a building perrr.i-�i for
construction. The Community Development Director may, at
his /r.e.r discretion, grant up to two ;2;:-. additional one -year
extensions for use inauguration of the development permit,
if there ha• ,,e been no changes in the adjacent a_eas and if
-he app�icant can docurrent that he /she has diligently
W(Ilr; {ed towards ase inaugura -._or. curiro the initial period
of time. the request fpr extension of this planned
deve1007lent perm:.` shall be made in wri -�Anq, at least
thirty i30) days prior to the expiration Cato of the permit
and shci11 be accompanied by appl -cable entitlement
processina deposizs.
Resolution No. PC -2C05 -493
Page ,5
5. The Conditions of Approval of this entitlement and all
provisions of the Subdivision Map Act, City of Moorpark
Municipal Code and adopted City poA cies at the time of the
entitlement approval, supersede all cor.flic -ing notations,
scecif i cations, dimensions, typical sections and the like
which may be shown on said Map ar:d /or plans.
6. Conditions of tKis entitlement shall not be interpreted as
permitting or requiring any violation of Law or any
unlawful rules or regulations or orders of an authorized
governmental agency.
7. All mitigation measures required as part of ar approved
vitigation Monitoring Report and Pr-gram (MMRP) for this
project are hereby adopted and included as requirements of
this entitlement. Where conflict, or duplication between the
MMRP and tine Conditions of Approval occurs the Community
Deve_'opmer.t Director shall deterTine compliance.
8. if any archeological or
nistorica, finds are uncovered
during grading or excavation
operations, all grading
or
excavation shall cease in
-he immediate area and the find
shall be left untouched.
1 he appli.canL shall assure
the
preservation of tale site
and immedia -ely contact
the
Community Development Director
informing the Director
of
the fdnd. The applicant
shall be requ-red to obtain
the
services of a quaiified
paleontologisn or archeologist,
whichever is appropriate
to recOmme,nd disposition of
the
site. The paleor.toiog:_st
or archeologist selected shall
be
approved by the C:o,rur.unity
Development Director.
The
applicant shall pay for
all nosLs associated with
the
investigation and disposition
of the find.
9. The applicant shall defend, indemnity 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 no attack, set aside, void, or annul
any approval by the City c:r any of its agencies,
departments, commissions, agent_;, officers, or employees
concerning this entitlement approval, which claim, action
or proceeding is brought within the dime period provided
therefore in Government Code Section. 66499.37 or other
sections of state law as app_: icable. The City will promptly
r.onify the applicant of any such cla.i.m, action or
proceeding, and, if ine: City should fail to do so or should
fail to cooperate fully in the defense, the applicant shall
not thereafter be responsible to defend, indemnify and hold
harmless the City or its agents, officers and employees
pursuant. to -his condition.
resolution No. PC- 2005 -493
Page 16
a. The City may, wi.t=hiri its unlimited discretion,
participate in the defense of any such claim, action
or proceeding if bo -b of -he 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 appl.icar.t shall not be required to pay or perform
any settlement of such claim, action or proceeding
unless the set.tlemer:t is approved by the applicant.
The applicant's obligations :.ender this condition shall
apply regardless of whether a Final_ Mar) is ultimately
recorded w_th respect tc `ho s,ibdivisi.on or a building
per-nit is issued pursuan- to the planned development
p e r rr. i C. .
1C. If any of the conditions or ;_i.mitations of this approval
are held to be invalid, that holding shall not invalidate
any of t -ie re. miri=ng conditions or limi`ations set forth.
1.1. Al- f.ac_Iities and uses, o-.-he- -:han those specifically
reques-ed in t.ho application and those accessory uses
allowed by the Municipal Code, are prohibited unless
otherwise permitted :.h -ough application for Modification
consistent wi-h the req.iiremen -.s of the zorie arid any et.ner
adopted ordinances, specific plans, 'landscape guidelines,
or des ;.qn g.aidel. ines .
FEES
12. Ent.i.-lemer:t Processing: Prior. to the
Zoning Clearance, enti- .=eme: t, building
perrni.t, or advanced q --adi.ng permit the
submit to the Community Deve 1 opment_
outstanding ent :- Iement case processing fe
applicable City legal service Fees. This
made wi__hin sixty 160; calendar days of
entitlement.
issuance of any
permit, gradilna
applicant shall
Department a1-
es, including all
payment shall be
approval of this
13. Corid_tier_ _Co_mo.l iance: prior to -he issuance of any Zoning
Clearance, building permit, grading permit, or advanced
grading perrni.t, the applicant shall submit to the Community
Development Der)ar -ment -he Condition Compliance review
deposit.
14. Capital Improvements acid Faci.Lities, and _Processing: Prior,
to }.he issuance of any Zoning Clearance, the applicant
sha_ _ subr~it T. he Ccmrm.anity Devel opment Depar-ment,
capital improvement, de. ve'op.men`, and process rig fees at
the current rate in of fect. Said' fees _nclude, but are not
Resolution No. PC- 2005 -49'
Page 17
limited to building
and public improvement plan
checks
and
permits. Unless specifically exempted by City Council,
the
applicant is subject
to all fees imposed by the
City as
of
the issuance of Ae
first permit for construction
and
such
future fees imposed
as determined by City in
its
sole
discretion so lcnq
as said fee is imposed on
si milarly
Council adopted Tree
situated propervies.
and
Landscape
Fee requirements in
15. Parks: Prior to issuance of Zoning Clearance for a
building permit, the applicant shall submit to the
Community Development. Department Park and Recreation Fees
in accordance wi:.h the `!oorpark Municipal Code and to the
satisfaction of the Community Services Director.
lo. Tree
and
Landscape: Prior to or
concurrently with
the
issuance
__
of at buildinq permit the
of a
building permit the
Tree and Landscape
Fee
shall
be
paid
to the Building and
Safety Division. The
fee
shall
be
paid
in accordance with City
Council adopted Tree
time
and
Landscape
Fee requirements in
;affect at, the time
of
bui Ld
ng
permit,
appl.icaz.ion.
17. Fire Protection FaciA tiies_: Prior to or concurrently with
the issuance of a building permit, current. Fire Protection
Facilities Fees shall be paid to the 3uildir.q and Safety
Division. The fee shall be maid in accordance with City
Counc�_i adopted Fire Protector Facilities Fee requirements
in effect at the i_me of building permit application.
18. Library
Facilities: Prior to or
concurrently
with
the
ssuance
__
of at buildinq permit the
Library Facilities
gee
shail be
paid to the Building and Safety
Division.
The
fee
shall be paid in accordance with
City Council
adopted
effect at the time
Library
F,aciliti_es Fee requirements
in effect a!
the
time
of building
permit applteaticn.
19. Police_ Facilities: Prior to or concurrently
with
the
issuance
of a building permit the
Police Facilities
Fee
shall be
paid to tale F3uildi.nq and Safety
Division. The
fee
shall be
paid in accordance wLth
City Council adopted
Police FAci
A ti es Fee requirements in
effect at the time
of
building
permit application.
20. Traffic Systems Ma::ag_em_ent: Prior to the issuance of a
Zoning Vienrance for each building permit, the applicant
shall submit to the Cornmuni.ty Development Department the
established Moorpark Traffic: Systems Management 7SM) Fee
for the approved development consistent with adopted City
po'. icy for calculating such fee.
21. Intersection Improvements: Prior to issuance of the first
Zoning Clearance for a buiLdi.nq permit, the applicant shall
Resolution; No. PC -2C05 -493
Page 18
submit to the Community Development Department a fair -share
contribution for intersection: improvements relating to the
project. 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.
22. Citywide Traffic: Prior to issuance of a Zoning C= earance
for a building permit for each residential or institutional
use within the boundaries of the Property, Developer shall
pay Ctny a traffic mitigation fee as described herein
( "Citywide 7rafftc Fee "). The Citywide Traffic Fee may be
expended by City in its sole and unfettered discretion. On
the operative date of this Agreement, the amount of the
Citywide 1raffic Fee shall be Five 'Thousand Seventy -Five
Dollars !$5,075.0C) per residential unit, and Twenty -Two
Thousand, fight Hundred Thirty-Eight Dollars ($22,838.00)
per acre of institutional land on which the institutional
use s iocated. Commencing on January 1, 2C06, and annually
thereafter, the contribution amount shall be increased to
reflect the chance in the Caltran.s Highway Bid Price Tndex
for Sele=cted California Construction "tems for the twelve
(12) month period 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
current amount of the fee sha11 remain until such time as
-he next subsequent: annual indexing which results in an
increase.
In the event. the Caltrans Highway Bid Price Index is
discontinued or rev i_sec, such successor index with which it
is replaced shall be used in order no obtain substantially
the same result as would otherwise have been obtained if
the index had not been discontinued or revised.
23. Area of Contribution.: Prior to the issuance of a Zoning
Clearance for each building permit, Lhe applican- shall pay
to the Community Development Department the Area of
Contribu! ion (AOC) Fee for the area in which the project is
Located. The fee shall be pa=d in accordance with City
Council ado: ed ACC fee recui rements in effect at the time
of building permit application..
24. Street_ Lighting_Energy Costs: Prior to recordatLon of Final
Map, or. ssuan:-:e of a building permit, whichever occurs
first the aoplicani shall pay io the Community Development
Department all energy costs associated with pur.>1 ic: street
lighting for a period of ore year from -he acceptance of
the street Lmprovement.s.
ResoLu7.ion No.. PC- 2005 -49,3
Page 19
25. Schools: Prior to issuance of
building permits for each
building, the applicant shall provide
written proof to the
Comm.uniLy Development Department
that
all legally mandated
school impact fees applicable at
the
time of issuance of a
building permit have been pair:
to
the Moorpark Unified
School District.
26. Art in Places: Prior to
or
concurrently with the
_Public
issuance of a Zoning Clearance
for
each building permit,
the applicant shalL contribute
to
Art in Public Places
consistent with Ordinance No. 321 and Resolution No. 2C05-
2408.
27. _Electronic _Convers_ ion: In accordance with City policy, the
applicant shall submit to the Community Development
Department, City Engineer and the Building and Safety
Division 0:e City's elecr.ronic image conversion, fee for
entitlement /condition compliance documents; Final Map/
engineering improvement plans /permit documents; and
building plans /permit documents, respectively.
28. Fish and Game: Within two (2) business days after the City
Council /Planning Commission adoption 0 a resolution
approving this p-olect, the applicant shall subm -t to the
City of Mooroark two separate cr:ecks for Negative
Declaration or Er:v i.ronmenta impact report, and
Administrative Fee, both made payable to the County of
Ventura, in compliance with Assembly Bill 3158 for the
management and protection o- Statewi.ae Fish arid Wildlife
Trust Resources. Pursnant to Public Resources Code Section
21089, and Fish and Game Code Section 711.4, t: e project is
nor operative, vested or final ur.t.i1_ the filing fees are
paid.
29. Crossing Guard: Prior to recordan ion of Final Map or prior
to the iss -,ante of a building permit, whichever occurs
first, the appiLcant shall pay to the Community Development
Department an amount to cover the costs assoc!.ated wi.t.h a
crossing guard for five years at the then current rate,
Pius the pro -rate cost of direct supervision of the
cr.ossi.na guard locanion and staff's administranive costs
(calculated at fifteen percent. (75 ) of the above costs).
30. Affordable_ Housing__ _Agreement /flan: Prior to the
preparation of an Affordable Hcus.:ng Agreement and /or an
Affordable Pousinc lmpl.ementati „n and Resale Restriction
Plan, the applicant shall pay Lo tine C -ty the City's cost
to prepare the r.eg0 red Plan and Agreement.
Resolution i`�o.
Page 20
31. Storm_ Drain Disc:r -.arge _Mai ntenance Fee: Prior to or
concurrently w_th he issuance of a Zoning Clearance for
building permit, the applicant seal_ pay to the Comrr.unity
Development Departmenr_ citywide Storm :Drain Discharge
Maintenance Fee. The fee shall be paid `n accordance with
City Councii adopted Storm Drair. Discharge Maintenance Fee
requirements in effec` at the t -me of building permit
app.lic.•ation.
CABLE TELEVISION
32. Pricr -o com.rencement of project construction the applicant
shal.i provide r:c-_ce of its cor,struction schedule -o all
persons holding a valid cable television franc :rise issued
by the C1--y of Moorpark ;Cable Franchisees) Sufficiently _n
advance of construction to allow the Cable Franchisees to
coordinate insta11at` or. of their equipment and
infrastructure with that: scred,lle. The City small provide
the applicant a list of Cable Franchisees upon request.
Daring cons- ructio-z, -.he applicant shall allow the Cable
Franni. sees to install any equipment or infrastructure
(including conduit, power supoiies, and switch_ng
equipment) necessary to provide Franch_see's services t.o
all parcels and lots in the Project.
33. Trr -he even- the cable -e1evision sere'_ces or their
equivalent are provided to the project or ind'vidual lots
under collective arrangemen- or any collective means other
than a Carle Franchisee (_nciud-rig, but not limited to,
programm_nq provided over a wireless or sateli_te system
contained within t-e Project), the Home Owners Association
(HOA) sha =l pay monthly to City an access fee of five
percent (� of gross revenue gee- .erated by the provision of
those services, or the nighest: fra:rch.lse, fee required from
any Ci -..y Cab-:'e Franchisee, whichever is greater. "Gross
revenue" _s as def -;ned in Chapter 5.06 of the Moorpark
Mur..i ci pa l Code and any successor arr.endmer.t or supplementary
prov.i_s-i cn thereto.
34 in the event caoLe television services or their equivalent
are prc,�,,ided t _; the project by any means other than by a
City Cable F.raricni se, the Ci t.y' s government channel shall
be avai_, able_ to all uni!,s as par- of any such Service, on
the same basis and cost as if the proicct was served by a
City Cable Franchise.
AFFORDABLE HOUSING REQUIREMENTS
35. Pricr tc or con. irrent Ly wit;, th,.e first Final Map approval
the appl.ica-1- 9 ha 11. enter i n7 o an Affordable Housing
Resolution loo. PC- 2005 -493
Page 21
Agreement. Consistent with the City's General Plan Housing
Element, State law and Moorpark redevelopment Agency
I_plementation Plan, this subdivision is subject to
execut.ior of an Affordable Housing Agreement between the
City of Moorpark and the applicant. The Affordable Housing
Agreement shall set for'..h the procedure for meeting an
affordable housing requirement of ten percent of the total
number of approved dwelling units for properties outside of
a Redevelopment Project Area and fifteen percent of the
total number of approved dwelling units for projects which
are in a Redevelopment. Project Area. The Agreement may be
part of a Ikevelcpme:: Agreement.
36. Prior to the preparation of an Affordable Housing Agreement
or a Affordable Housing Tmplementation and Resale
Restriction Plan the applicant shall agree to provide low
income and very low income units as specified in the
Special Conditions of Approval, included herein, to meet
the reouirements of California Healer and Safety Code 33410
et seq.
37. Prior tc; the recordation of the first Final Map for this
project the appli.cani and the City shall execute an
Affordable Housing Agreement that incorporates a Council
approved Affordable = lousing Implementation and Resale
Restriction Plan consistent with the Conditions of Approval
of this subdivision. The initial sales price, location of
:.he affordable units, buyer eligloility, and resale
restrictions, respective role of the City and time
applicant, and any other item determined necessary by the
City small be set forth in the Plan.
B. Please contact the PLANNING DIVISION for compliance with
the following conditions:
DEVELOPMENT REQUIREMENTS
38. Prior to the issuance of a ceriificate of occupancy for any
bu:.lding, the applicant shall submit a Master Sign Program
to nhc Community Development Director for review and
approval. The Faster Sign Program shall be designed to
provide comprehensive on-site sign arrangement and design
consistent with the commercial /industrial center
architecture and 71:e City's Sign Ordinance requirements.
39. Exterior downspouts shall not bo permitted unless designed
as am integral part of the overall architecture and
approve: by the city as part of the planned development
permit.
Resolution No. PC- 2005 -4�)
Page 2.2
40. "'he Building Plans shall be in subs;:arrtial conformance to
the plans approved under this entitlement and shall
specifically reflect the following:
a. cir.-a1 exterior building materials and paint colors
shall be consistent wi_h the approved plans under this
permi.t,. Ary changes to -he building materials and
paint colors are sub;ec` to the review and approval of
the Commun-.ty Development D.rectcr.
41. Prior to issuance of a Zonina C_ earance for f ir.al building
permit (occupancy) , -he appl.i.car.t shall'. install. U.S. Postal
Sery -ce approved mailboxes in accordance with t:-e
requ `reir.ent.s of t.. ".e :.coal Postmaster .
42. Any expans:i_on, alteration or chance in architectural
elements requires prior app.rova; of the Community
Development Director. Those changes in architectural
elerrents that the Director determines would vis_ble from
abutting, street(s; shall only be allowed, if, in the
judgment of the Comrr,unity Development Director such change
is compatible with the surrounding area. Any approval
gran`ed by the Director shall_ be consistent with the
approved Design ,-i deli.nes (i f any) for '.he planned
development and appl.'cable Zoning Coda requiremen -s.
43. All air conditioning or
air exchange
equipment shall be
ground -nounLed.
-he cqui_pment
shall be located in a side
yard in such a
manner that it is r.o;.
within 15 -feet of an
opening window
at around
floor level
of any resident-'al
structure, and
shall be
located to maintain a minimum 5-
foot yard area. The
Director may
approve rear yard
locations where
side yard
locations are
not possible.
44. A minimum twenty -foot (2C' ) by twenty-foot (2.0' ) clear and
unobstructed parking area for --wo (2) vehicles shall be
provided _n a cxarage for eac '. dwelling unit. Single
garages shah measure a minimarn of twelve -foot (12') wide
by twenty -[cot .20') deep clear and unobstructed area.
Steel roll -up garage doors shall be provided. Garage doors
shall. be a minimum of sixteen fee- (16') wide by seven feet
(7' ) high for do:zbie doors and nine feet (9' ) wide by seven
feet (71) h =gh for s i n a 1 e do()r_s. A min.imam -wenty -foot
(20') long concret-e- paved driveway shall be provided in
front of tf:e garage door oi.t:si_ie of: the ::tree-. right -of-
way.
45. All homesh nits shaL1 be coristructea employing energy
saving dev*Ices. ?:)ese devices shah include, but not be
limited to ultra fcw flush -_oL'ets (to not exceed 1.6
Resolution No. PC- 200:,1 -493
Page 23
gallons;, low water use shower cont-rollers, natural gas
fueled sioves, o:lotless ovens and ranges, night set back
features for thermostats connected to the main space -
heating source, kitchen vent ila-:i ion systems with automatic
dampers, hot water solar panel stub -outs.
46. When required
by Title 15
of --he
Moorpark Municioal
Code,
rain gu-ters
and downspout
shall
be provided on all
sides
o the st- ucture for all
structures
where there
is a
directional roo`
£low.
Water
shall be conveyed
to an
appropriate
dra.ir.age system,
consistent with
NPDES
requ-*- ements,
as determined
by the
City Engineer.
OPERATIONAL REQUIREMENTS
47. The applicant agrees not to :>Yotes:, the formation of an
underground Utility Assessment_ D_str_ct.
48. Prior tc or concurrently with the issuance of a Zoning
Clearance for a c: ;rad :i r..g p(,rrr.: t, the applicant sr_all submit
the construction phasing plan for approval by the Community
Development. Director and C -ty Engineer. Phasing shall
avoid, to -he extent possible, construction traffic impacts
to exis:_ir•.,- adjacent, resider.t.ial, commercial and industrial
areas, if any.
49. The building manager or designee shall be required t_o
conduct a routine on -site waste management education
program to educating and alertir.g employees and /or
residents `o any new deveioprrents or requirements for solid
waste management. Th - s condition shall be coordinated
thrc'.agt- the Ci::y's S"Dlia Waste 'lanagernert staff. (This
Condition Applies to Cornmercia'. /:nd.astr.,ial and Multi- farr.il.y
Residential Projects)
LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS
70. Prior -:o t[_e issua :ice of a Zor-_inq Clearance for building
perrr,i t.s '�.he applicant shall subm..t to the Commurity
Development Direc`or for review arid appsoval, with the
required deposit, three f1.;ll. sets of Landscaping and
Irrigation Plans prepared by a licensed landscape architect
and drawn on a plan t. hat reflects final gradi ^g
corrfiquraiion, in conformance with the City of Moorpark
Landscape Standards and Guidelines, policies and NPDES
requirerr.ents; including, but not 1iM..ited to, all
spec: fications and cietails and a ma_ntenance plan. Fences
and wa I _s sr_all be shown o -, .he :.,arrdscape and Irrigation
Plans, incl',ad =nc COri;:eC ..On, at `.he applicant's expense, of
property 1 i nc walls w- t.h ex i s: ng iences ar_d or walls on
any adjacer_t resi. den- :al., ;:omrercial or industrial
Resolution P'c. PC- 2005 -4�3
Page 24
properties. The plan shall ma- r:tain proper vehicle sight
distances subject to the review of the City Engineer, and
encompass all required planting areas consistent with these
Corditions of Approval. Review by the City's Landscape
Architect Consul'-ant and City Engineer, and approval by the
Community Development Director prior to issuance of a
Zoning Clearance -for building permit, is recuired.
51. Pr-'.or to or concurrently with the submittal of the
Landscaping and Irrigation =Tans _he specific design and
location of t-he neichborhood `identification monument sign
shall be submitted 1_cr revie-J., and approval by she Community
Development Director. Tine sign shall be installed
concurrent with perimeter project wall installation.
52. Prior to the iss.iance of atoning Clearance for final
buildinq permit (occupancy) the applicant small in.sta1.1
_rent yard landscaping, including sod and an automatic
irrigation syst. (--,rr., as approved on the = andscape plans.
53. Unless otherwise stipulated in the Special Conditions of
Approval, the applicant shall. be responsible for the
maintenance of- any and all parkway landscaping construc'-ed
as a requ=irement of the project, whether said parkway
landscaping is within --he street right -of -way or outside of
the strc,e- rigrt. -of -way. Any parkway landscaping outside
of the street right -of -way shal =. be within a landscape
easement.
54. All required landscape easernen,:.s shall be clearly shown on
the Final. Mao or or: of = :ier recorded documents if there is no
Fi nal Mar;.
5). When available, use of reclaimed water shall be required
for landscape areas subject to the approval of the
Community DeveIoprr.ent. Director, tt-. City Engineer and
Ventura County waterworks Di stric=t No. 1.
56. Landscaped areas shall be designed wth efficient
irrigation to reduce runoff and pro -rote surface filtration
and minimize the use of fertilizers and pesticides, which
can contribute to urban runoff pcllution. Parking and
associated drive areas with .':_ive (5) or more spaces shall
be designed. to - mini- rri7P, degrade-..ion of storm wale- quality.
Res} Man=agement Pr ac' :ice landscaped areas -or infiltration
and b_o.loq_ cal reme- liation o- approved equals, snail be
installed to inters -ept and c-, prohibit pollutants
from discharging to the st ^rm drain system. Tine design:
steal: be submitted to the Community Development Director
Resolution No. PC- 2005 -493
Pace 25
and City Engineer for review and approval prior to the
issuance of a building permit..
57. All landscaping shall be mai ntained in a healthy and
Lhriving condition, free of weeds, litter and debris.
58. Prior to the issuance of Zoning Clearance for occupancy all
fences /walls along lot boundaries shalt be in place, unless
an alternative installation is approved by the Community
Development Director.
C. Please contact the ENGINEERING DEPARTMENT for compliance
with the following conditions:
GENERAL
59. Grading, drainage and improvement plans and supporting
reports and calcula7=1or.s shall be prepared in conformance
with the "Land Development Manual" and "lioad Standards" as
promulgated by Ventura Co.Inty; "Hydrology Manual" and
"Design. Yarual" as promulgated by Ventura County Watershed
Protection Dist.r__ct; "SLandard Specifications for Public
Works Construction" as published by LNi (except for signs,
traffic signals and appur.r.enances Lhereto; for signs,
r.raffic signals ar:d appurtenances thereto, -he provisions
of Chapter 56 for signs and Chap�er 86 for traffic signals,
and appurtenances thereto, of the "Standard
Specifications," most recent edition, including revisions
and errata thereto, as publ.is :ned by the State of California
Department of Transportation); "Engineering Policies and
Standards" of the City of Moorpark, "Policy of Geometric
Design o£ Highways and S'_reets, " most recent edition, as
published by the American Association. of State Highway and
Transportation Off:.cials. in the case of conflict between
the standards, specifications and design manuals listed
above, the criteria that provide the hiqher 'ever of
quality and safety shalt. orevail. Any standard
specification or design criteria than conflicts with a
Standard or Special Condition of Approval of this project
shall be modified no conform with the Standard or Special
Condition to the satisfaction of the City Engineer.
60. The appli.can.t and /of property owner shall provide
verification to the Ci-ty Engineer that all on.-site storm
drains have been cleaned at least twice a year, once
immediar..ely prior to October lst (7he rainy season) and
once in January. The City Lngineer may require additional
cleaning depending upon site and weather conditions.
Resolution ho. PC- 2005 -4u3
Page 26
61. Prior to improvement plan approval the applicant shall
obtain the written approval on the improvement plans Mylar,''
sheets for ..he location Of fire hydrants by the Ventura
County Fire Prevention Division. (Water and Sewer
improvements plans shall be submitted to Ventura County
Waterworks District No. 1 for approval.)
62. Prior to any work being cond. acted within any State, County,
or City right of way, the applicant shall obtain al-
necessary encroachment permits from the appropriate
agencies and provide copies of these approved permits and
the plans associated with 'she permits to the City Engineer.
63. Reactive organic compounds, N nrogen oxides (ozone /smog
precursor) , and particulate matter (aerosols /dust)
generated during construction operations shall be minimized
in accordance with the City of Moorpark standards and the
standards of the Ventura County Air Pollution Control
District. (APCD) . When an air. pcll.ati.on Health Advisory has
been issued, construction equipmeno operations (including
but not limited to grading, excavating, earthmovinq,
trenching, material hauling, and roadway construction) and
related activities shall cease in order to minimize
associated air pc.11utant emissions.
64. The applicant sKail comply with Chapters 9.28, 10.C4,
12.24, 17.V3 of the Moorpark Municipal Code standard
requirements for construction noise reduction..
65. The applicant shall :atilize 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 accLdents and injury.
66. The applicant stall post in a conspicuous location the
construction hour limitation and make each construction
trade aware of the construction hour limitations.
GRADING
67. Prior to the issuance of a grading permit (should an early
grading agreement be approved for this project) or prior. to
Final Yap the applicant shall post sufficient sure`.y, in a
form acceptable no the city Engineer, guaranteeing
compnetion of all onsite and cffsite improvements required
by these Conditions of Approval or the v:anicipal Code
including, bui not Iimited tc cradhng, street improvements,
storm train improvements, temporary and permanent Best
Management Practice (BMP) for the control of non -point
Resolution No. Pte:- 2C05 -9 "3
Page 27
water discharges, landscaping, fencing, and bridges.
Grading and improvements shall be designed, bonded and
constructed as a single project.
68. Prior to the iss�ance of a grading permit (should an early
grading agreement be approved for t:nis project; or prior to
Final Map, whichever occurs first, the applicant shall
provide written proof to the City Engineer that any and all
wells that -nay ex; st or have existed within the project
have been properly sealed or nave been destroyed or
abandoned per Ventura County Ordinance No. 2372 or
Ordinance No. 3991 and per Division of Oil and Gas
requirements.
FINAL MAP
69. Prior i.o Final Map approval., the applicant shall. obtain
City Engineer approval of all required public improvement
and grading plans. The app -icant shall enter into an
agreement with she :i.ty of Moorpark to complete grading,
public improvements and subdivision monumentat_on and post
sufficient surety guaranteeing the constriction and
maintenance of grading' all public improvements, and
private street and storm drain improvements; construction
and pos-_ cor.structior. NPDES Bes` Management Practice; and
subd ivI si on monumenLat ion. in a form and in an amount
accept.abLe to the City Engineer. Said plans shall. be
prepared by a California Registered Civil Engineer. Said
sureties shall meet. the Cry's requiements for sureties
and shat: remain in place for one year following final
acceptance of the improvements by the City or until such
time tr ,.at the City Council shall approve nheir redemption,
whichever is the longer.
70. Prior to Final Map approv=l the applicant shall post
sufficient sure;.y in a form and in an amount acceptable to
the City Engineer guaranteeing the payment of '-aborers and
materialsmen in an amount no less than fifty percent (50,)
of the faithfal per_ farmance surety.
PUBLIC AND PRIVATE STREETS
71. Prior to
construction of any
pubic improvement
the
app.; icapt
shall submit to the City
Engineer, for review
and
approval.,
street .improvement plar:s
prepared by a California
Regi.sLered
Civil Engineer., enter into
an agreement witK
the
City of Moorpark to complete public
improvements and
post
sufficient
surety guaranteeing the
construction: of
all
improvements.
hJnJess specifi. al'y
noted iri these Standard
Cond ticps
or Scecial Conditions c_
Approval .
Resolution No. PC- 2005 -4-;5
Page 28
72. Prior to issuance of tKe first building permit all exist_ng
and proposed utilities that are less than 67Kv shall be
under- grounded as approved by the City Engineer.
DRAINAGE AND HYDROLOGY
73. For a 10 -year frequency storm, local, residential and
private streets shall be designed to have one dry travel
lane ava-labie or, interior residential streets. Collector
streets shall be designed no have a minimum of one dry
travel lane in each direction.
14. Drainage and improvement plans shall be designed so that
after - development, arainage to adjacent parcels would not
be incre=ased above pre- development drainage quanti',i.es for
any stormwate.r model between, and including the 10 year and
00 year storms, near will surface runoff be concentrated by
this pfo;ect. Acceptance of norm drain waters by the
project and disct_arge of storm drain waters from the
project shall be in type, k_.nd and nature of predevelopmer.t
flows unless the affected upstream and /or downstream owners
provide permanent easement to accept such changed storm
drainage water flow. All drainage measures necessary to
mitigate stor.mwater flows shall be provided to the
satisfaction of the City Engineer. The applicant shall make
any on-site and downstream improvements, required by the
City, to sapport the proposed development.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
'75. The appl cant shai - submit the City Engineer a
Stormwater Pollution Control Plan (SWPCP) and a Stormwater
Pollution Pr.ever:t_ : on Plan (SWPPP) in accordance with
requirements of nne Ventura Co:intywide Stormwater Quality
Management Program, Technical Guidance Manual for
Stormwater Quality Control Measures, NPDES Permit No.
CAS004002. The Plans shell identify potential pollutant
sources that may affect 1W quality of discharges to
stormwater and seal.=. include the design and placement of
recommended Best Management Practice (BMP) to effectively
prohibit the entry of pollutants from the construction site
into the storm dram system streets and water courses. The
Plans shall be implemented as part of the grading,
improvements and development cf t:;e p.rojecz.
76. Prior to r_he issuance of any construction /grading permit
and /or the ccmmencemon:_ c f any c1 ea r. inq, gracing or
excavation, the appl i.car:t s4a' l submit a Notice o'- intent
(NO!) to the California Sta`e Water Resources Control
Board, Stormwater Permit Unit in accordance with the NPDES
Resolution No. �'.:- ,?005 -493
Page 29
Construction General Permit (No. CASQ00002): Waste
Discharge Requirements for Discharges of Storm-water Runoff
Associated with Construction Activities) . The applicant
shall also provide a copy of the Notice of Intent (NOI) to
the City Engineer as proof of permit application. The
improvement plans and grading plans sha -1 contain the WDID
number for the project.
77. Prior to the starting of grading or any ground disturbance
the applicant shall identify a qualified superintendent for
NPDES compliance. The NPDES superintendent shall be
present, on the project site Mc,nday through Friday and on
all other days when the probability of rain is 90=: or
higher and prior to the start of and during all grading or
clearing operations unt=il the release of grading bonds. The
NPDES superintendent shall have full authority to rent
equipment o1nd purchase materials no the extent needed to
effectuate Best Management_ Practice. The NPDES
superintendent: shall provide proof 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 Practice. In addition, an NPDES superintendent
shall be designated to assume NPDES compliance during the
construction of streets, storm drainage systems, all
utilities, build nos and final landscaping of the site.
MAINTENANCE
18. Unless otherwise stipulated in the Special Conditions of
Approval, any median landscaping constructed by the project
shall be maintained by the City. An Assessment District
shall be formed to tond the City maintenance costs for any
such median landscap tng .
79. Unless otherwise st.ipu'ated in the Special Conditions of
Approval, parkway landscaping shall be maintained by a Home
Owners' Association, a Property Owners' Association or by
the p °operty owner [collective,y herein. "Private
Responsible Party "'. In such case, any required landscape
easements, shall be conveyed no the Private Responsible
Party.
80. Unless otherwise stipulated in the Special Conditions of
Approval, a'1 required on -site drainage improvements and /or
stormwat.er quality [NPDES] features or facilities shall be
:maintained by the Private Responsible Party.
81. When, and if stipulated :.n the Special Conditions of
Approval, that certain i (lent ifLed parkway Landscaping
Resolution No. PC :- 20.'5-x_ -,3
Page 30
and /or drainage improvements are to be maintained by the
City, an Assessment District. shall be formed to fund City
costs for such ma- ntenance. =n such evert, any required
landscaping and /or drainage improvements shall be conveyed
to the City in easements for such purposes.
82. Any F lr)a1 Map identifying any landscape easement or
drair )aqe easement. granted `o a Pri.va`e Responsible Party
shall also be = .rrevocably offered fc;r dedication to the
City and shown on said F..nal Map. The City reserves the
right to assume -he ma- ntenance of :parkway landscapinq,
median landscapinq o-- dra =Wage _ mprovements bei.nq
maintained by a Private Responsible Party, should it be
determined by the Cit }, at its sole _- scretion, that the
maintenance being provided by :i`e Private Responsible Party
is inadequate.
83. If required by a Special Condition of Aoproval, an
Assessment District lhereir. ":3ack -Jp {,ist --ict "! shall be
formed t.o f.and future City costs, snou -d they occur, for
the maintenance of parkway iandscaoinc, median landscaping
or drainage improvements previ:-..isiy maintained by a Private
Responsible Party and --her. assum<d by the City. If a Back -
Up District. is -tormed, it shall be the intent of the City
to approve the required assessment eacl: year, but to only
levy that po --tion of the assessment necessary to recover
any past C;.`y costs o- any anticipated City costs for the
following fiscal year. Ir: the event the City is never
req-a -red to assume t::e maintenance of any such improvements
ma'.n::air.ed by a Priva:.e Responsible -'arty, the amount_ of
the annual assessment ac-:ua_'ly levied upon the affected
properties would be :ninon amo..int., possibly zerc. The City
shall admi:-�i.ster the annual renewal o` the Back -Up District_
and any costs related to such admin._stration small be
charged to r.he Fund established tor such distr_ct revenues
and expenses.
84. '";hen :,t has been determined tnat it -s necessary to form an
Assessmen-_ Dist ---ct (includinq a Back -Up Dist=rict), the
applicant shall be reau- --ed to .indertake and co-np -ote the
following:
A. At least. (;ne- hundred- twenty (120; days prior to the
planned record -ition of any F.ina.l. Map or the issuance
of ar.v zoning c_iearance fo° bJ i.ld ;_nq perrrit, which
ever comes first.:
i. submit tie f..nal draft_ plans for any it --iga -ion,
landscaping or Drainage Improvements [here_n
"Maintained Areas ", 'o be maintained by the
Resolution No. PC -2005 -49.3
Page 31
Assessmen- D_stric'_
(includ_ng
a required Back -Up
Distr.._ct), along with any
required p_an checking
fees;
or the issuance of any
Toning clearance for
ii. submit a check in
-,he amount
of $5,C00 as an
advance to cover
the
cost of Assessment
Engineerinq for the
formation
of the Assessment
District 'NcLe: Develcper
sha_1 be required to
pay for all final
actual
assessment engineering
costs related to
*_ he
Assessment. District
format_ or. along wit,
C:_ty administrative costs. ] ;
At leas- sixty (60)
days
prior o the planned
recordation of any
Final
Map
or the issuance of any
Toning clearance for
b..ri_ding
permit, which ever comes
first, submit -o
the
City
the completed, "City
approved" plans for
the
Maintained Areas (landscaping,
irrigat-ion and NPDE'S
Drainane
mprove.ments);
Prior to the plar_ned -ecoroatior: of any Final Map or
the issuance of any zoning clearance for building
per-nit, which ever comes first, submit -o the City a
sinned Petition and "Waiver requesr.ing formation of the
Assessment District ;! Note: -'he Petition and Waiver
shall have at'_a(_::ed tc; -it as Fxhibit `A' the City
approved final d---,-,.ft F- ig`neer's Report prepared by the
Assessrner.t Eng.neer retained by the City.]
D. Please contact the BUILDING DIVISION for compliance with
the following conditions:
85. Prior to the issuance of a Building Permit, the applicant
sl.al_ p-ovide wri-.ter: proof that an "Unconditional Will
verve ,ettcr" f_or wat -e- and sewer serv_ce has been obtained
from the Ven -.ira County Waterworks _-;is,.rict No. 1.
E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL
DISTRICT for compliance with the following conditions:
86. Prior to issuance of a Zcrrinq Clearance for building
permit, Vent,ira (`o,anty A`_ Control District
(APCD) "Authority to Const-ruct" sha'.1 tie obtained for all
equ.i pment subj ect. to 1 PCD Perrni !: ( see APCD Quest -or-naire,
AB3205) _' nai Ce t_i ficate of Occupancy shall not be
granted un- it conpl ian:-e wi_:.h all appl icable APCD Rules &
RegulaLi.ons r:as been satisfactorily demonstrated.
87. Facili -ies shall be operated in accordance with the Rules
and Regulations of r -e Vent ;.ara County A_r Pollution Control
Di.stric`, with emphasis on FZu_-, 1, Nuisance. Pule 51
states: "A person shall n` >t <;i_scharge f.rc)m any source
Resolution No. PC- 2005 -4:)
Page 32_
wha-scover
such
quantities of
air contaminants or other
materia-I
which
cause injury, detrim;en_, nuisance
or
annoyance
to any
corisiderable
number of persons or to
the
public or
which
en :angers the
comfort., repose, health
or
safety of
any such
persons or
the public or which cause
or
have a natural
tendency to
cause Injury or damage
to
business or
property."
F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT
for compliance with the following conditions:
GENERAL
88. Prior t:' combustib-.e construction, an all weather access
road /driveway and the `in.'s �i�t, of the access road
pavement shall bc, installed. Once combustible construction
starts a m :.ri_rrum twenty -foot (20') clear width access
road /driveway shall remain free of obstruction during any
construction activit _es within t` e development. All access
roads /driveways sha.l 1 have a m.i -imum vertical clearance o`
thi.rteer: feet -six inches (13' -0 ") and a minimum outside
turning radius of forty feet (40')
89. Approved tur.narc;_�nd areas for fire apparatus steal- be
provided when dead -end Fine District access roads /driveways
exceed 150 -feet. Turnaround areas shall not exceed a five
percen -, cross slope ir. any direction a:,d sha1- be located
within one- hundred -fif--y feet , -50'` of --he end of the
access road /dr i VeWa�,.
90. The access road /driveway sha -1 be extended to with_n one -
hundred -fi=ty feet ( 50') of all portions o= the exterior
wail. of the = =.r.st story of any building and shall be in
accordance wi_--h Fire D- strict_ access standards. Where the
access roadway cannot be provided, approved fire protection
system :;r systems shall be - nstalled as required and
acceptable to the _. District..
91. When only one (1) access point is provided, the maximum
length steal- riot exceed eight - :hundred feet (800' ) .
92. Public and private roads shall be named If serving more
than four (4;. parse -s or as required by the Fire District.
93. Approved walkways shall be provided from al= building
openings to the p.ab_ic w -)y or Fi.r.e District access
road /dri veway.
94. Structures exceeding three s:-oriel or forty- eight -feet
(48') in :ie;gr.t sha.il meet. currenT. VCFPi; Ordinance for
:oui-ding require:r.en :.s. Structures exceeding seventy - five-
Resolution. No. PC- 2005 -493
Page 33
feet (�5' ) in ;heighi shall be sub;ect to Fire District high
rise building requirements.
95. Structures greater.. -han 5,000 square feet and /or five (5)
:Hiles from a fire station shall be provided with an
automatic fire sprinkler system in accordance with current
Ventura Counr.y Lire Protection District Ordinance.
FINAL MAP
96. Prior_ to recordation of_ the Final Map(s) proposed stree-
name(s) shall be submit -ed to the Community Developmen-.
Director and the Fire District's Mapping Unlit for review
and approval.. Approved street names shall be shown on the
Final Map(s). Street name signs shall be installed in
conjunction with the road improvemeri-s. The type of sign
shall be in accordance with P1a -e -4 of nhe Ventura County
Road S-andards.
97. At least. fourteen (14) days prior to recordation of any
maps, including parcel map wa'._vers, the applicant shall
submit `.wo (2) copies of the rr.ap to the Fire Prevention
Division for approval.
98. Within seven (1) days of the recordation of the Final
Map(s) an electronic version of the mad; shall be provided
to the Fire Di_strici.
99. Prior to Final Map or
prior to the issuance of a
building
permit,
whichever comes
first,
the applicant shall
provide
to the
Fire District,
written
verifica -ion from the
water
purveyor
that the water
purveyor
can provide the
required
fire f-ow
as determined
by the
Fire District.
DEVELOPMENT REQUIREMENTS
AO. Prior to the issuance of a Cart.i ficate of occupancy by the
Building Division -he applicant shall submit a plan to the
Fire District for review and approval indicating the method
by which nhds project will be addressed.
101. Minim -im six -inch 6") high address numbers shall be
installed prior to occupancy, shall be contrasting color to
the background, and shall be read; =y visible at nigh-
Brass or gold plated number shall not be used. Where
structures are set back more t -nat one- hundred - fifty feet
(150') from the street, larger numbers will be required so
that -hey are distinguishable f:rcm the street. In the event
a s1r.acture (s) is (are) n.ct visible. from the street, the
address numbers (s) shall be posted :adjacent to the driveway
entrance on an eLavat.ed cost.
Resolut -or. \o. PC- 200`_ -4`,3
Page 34
102. Prior t(-) combustible construction, fire hydrants shall be
installed to the minimum standards of the City of Moorpark
and the Fire District., and shall be in service.
103. Prior to occupancy of any structure, blue reflective
hydrant_ location markers shall be placed on the access
roads in accordance with Fire District standards. :f the
fLEal asphalt cap is not in place at time of occupancy,
hydrant location markets shall still be installed and shall
be replaced when the final asphalt crap is completed.
104. Prior tc issuance of a building permit the applicant shall
submit a phasing Man and -wo (2) site plans (for the
review and approval of the location of fire ]Gees) to the
Fire District.
105. Prior to occupancy the fire lanes shall be posted "NO
PARK_NG FIRE !ANE TOW- AWAY" in accordance with California
Vehicle Code and the Fire District.
106. Prior tic or concurrently with the issuance of a building
permit the applicant shall submit plans to the Fire
District snowing the location of the existing hydrants
within three - hundred feet (300') of the proposed project
and showing the location, type and number of proposed
hydrants, and the size of the outlets. Fire hydrant (s)
sha -. be provided in accordance with current adopted
edi:_ion of the Uniform F-re Code, Appendix 111 -B and
adopted amendments. On-site fire hydrants may be required
as determined by the _ire Disir..ct. Fire hydrants, i_f
requires;, shalt be installed an& in service prior to
combustible construction and shall conform to the minimum
siandard of the Ventura Counny Waterworks Manual and the
Fire District.
101. Prior_ to installation of any fire protection system;
including, but not limited to sprinklers, dry chemical,
hood systems, the applicant shall submit plans, along with
the required fee fcr plan check, to the Eire District for
review and approval. Fire sprinkler systems with one -
hundred or more heads shall be supervised by a fire alarm
system ir accordance with Fire District requirements.
108. Prior to
instai la! ion
0
the fire a.iarm system
(if
required) ,
the applicant
shall
submit plans, along with
the
required
foe for plan
check,
io the Fire District
for
review ar:d
approval.
The
fire alarm system shall
be
installed
in all buildings
in accordance wth California
Building and
Fire Code.
Resolutior: No. PC -2005 -493
Page 35
109. Prior to the - ss•..ance of a certificate of occupancy by the
Building D_vi_sion the applicant shal- obtain all applicable
Uniform Fire Code (UFC) perm -`.s.
110. Prior tc the issuance of a building permit the applicant
sha.l- ob'_a n a copy of Ventura County Fire District Form
No. 126 "Requirements ::or Const-uct. ion."
1 =1. Prior_ to `raining the applicant shall clear for a distance
of one hur.dred feet all grass or brush exposing any
structure(s) to fire hazards.
G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1
for compliance with the following conditions:
tit. The appl._cant shall comply with the applicable provisions
of Vent zra Cou°:t_y Waterworks District No. 1 standard
procedures -or obtain_na domestic water_ and sewer sery -ces
for applicant's pro�ect_s w -thin _ -Ae C.i_strict.
113. Prior to _ssuance of a building permit, provide Ventura
County Waterworks District:
a. tniG -er and sewer imor: vement plans i n the format
required.
b. Hydraulic: analysis by a registered C -vil Engineer c.o
determine the adequacy of the proposed and existing
water and sewer lines.
C. Copy c_` approval of fire hydrant locations by Ventura
County mire Protection Di strict..
d. Copy Of Di.str.ct Release and Receipt from Calleguas
Municipal water District.
e. Cost. estimates for water and sewer improvements.
f. Plan chec cons-ruction inspection, capital
improvement charce, sewer connec=tion fee and water
meter charge.
g. Sinned C:ont.rac_. t.o ir.stal : a1 L improvements and a
Surety Bond.
1.14. At the tirre water service c:)nnect -on is made, cross
connection control devices sha .l be installed on -_he water
system -r: a manner approved by the Ventura County
'slate--works District No. 1.
Resolution 1�c. PC- 2005 -493
Page 36
H. Please contact the VENTURA COUNTY WATERSHED PROTECTION
DISTRICT for compliance with the following conditions:
115. Direct, sto_m drain connect=ions to Ventura County Flood
Con -rol District: facilities are subject to Ventura County
Watershed Protection District permit. requirements.
I. Please contact the POLICE DEPARTMENT for compliance with
the following condition:
116. Prior tc> initiation of the building Jiar, check process for
the pro -ect, -he appli: -ant shall s-.ibmit plans in sufficient
det.ai!. to the Po ice Department for review and approval of
defensible s-,>ace concepts 1.0 reduce demands on police
services. To the degree feasible and to the satisfaction of
-he Com-rianity Deve= .oprrent Director and -lie Police Chief,
publ�:c safety plar:ning recommendations shall be
r:corporated int; the project: plans. The applicant shall
:prepare a list cf_ project_ feat.ares and design components
tha- derr.onstra`o responsiveness -o defensible space design
concepts.
- END -