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HomeMy WebLinkAboutRES 1999 365 0222RESOLUTION NO. PC -99 -365 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 97 -1 CONSTRUCTION OF 312 APARTMENT UNITS ON APPROXIMATELY 19.2 ACRES OF LAND LOCATED SOUTHERLY OF LOS ANGELES AVENUE BORDERED BY THE FLOOD CONTROL CHANNEL TO THE SOUTH, UNDEVELOPED LAND ON THE WEST AND MOORPARK AVENUE TO THE EAST (APN. 506 -0- 050 -275) ON THE APPLICATION OF ARCHSTONE COMMUNITIES (SECURITY CAPITAL PACIFIC TRUST) WHEREAS, at a duly noticed public hearing on January 25, 1999, the Planning Commission considered the application filed by Archstone Communities (Security Capital Pacific Trust) for approval of Residential Planned Development Permit No. 97 -1- for approval of a Residential Planned Development consisting of 312 residential apartment units. WHEREAS, at its meeting of January 25, 1999, the Planning Commission opened the public hearing, took testimony from all those wishing to testify and continued the hearing to February 8, 1999, and then to February 22, 1999, and close the public hearing on February 22, 1999; WHEREAS, the Planning Commission, after review and consideration of the information contained in the staff reports dated January 25, 1999 and February 8, 1999, and February 22, 1999, and testimony, has made a recommendation to the City Council. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission hereby adopts the following findings: C.E.O.A. Findings 1. That the Mitigated Negative Declaration /Initial Study for the project is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), and CEQA Guidelines, and City policy. 2. The contents in the Mitigated Negative Declaration/ Initial �^ Study have been considered in the various decisions on these projects. M:10Aft %APC -ffi= *86051 "ffiARCHSTONERPDRESO.doc RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 2 3. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the environmental document have been incorporated into the proposed project. 4. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects. Residential Planned Development Permit Findings 1. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance. 2. The proposed project is compatible with the character of surrounding development. 3. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare. 5. The proposed project is compatible with existing and planned land uses in the general area where the development is to be located. 6. The proposed project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure (s) have design features which provide visual relief and separation between land uses of conflicting character. SECTION 2. The Planning Commission does hereby find that the aforementioned project will be consistent with the City's General Plan. SECTION 3. That the Planning Commission hereby recommends to the City Council conditional approval of Residential Planned Development Permit No. 97 -1 (Alternative Site Plan No. 3) on the application of Archstone Communities (Security Capital Pacific Trust) subject to compliance with all of the following conditions: Approval of Residential Planned Development Permit No. 97 -1 subject �^ to compliance with the following conditions: RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 3 GENERAL REQUIREMENTS: Permitted Uses 1. The permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. Any change from the submitted product mix shall require approval of a modification to the Residential Planned Development Permit. Requirement for Affordable Housing Agreement 2. Approval of the Residential Planned Development Permit and Tentative Tract Map is conditioned upon execution of a Affordable Housing Agreement between the City of Moorpark and the applicant or i1 developer. Compliance with the terms and conditions of this Agreement shall address affordable housing provisions. The Agreement is subject to the approval of the City Council, and if compliance of the Agreement is not achieved, the City Council may initiate a Reversion to Acreage or other procedure, and nullify the Residential Planned Development Permit. The required provisions may be incorporated into the proposed Agreement. Use Inauguration 3. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than one year after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant one (1) year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial two year period and the applicant has concurrently requested a time extension. The request for extension of this entitlement shall be made at least 30 -days prior to the expiration date of the permit. Modification to Permit RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 4 4. All facilities and uses other than those specifically requested in the application are prohibited unless an application for a modification has been approved by the City of Moorpark. Any minor changes to this permit shall require the submittal of an application for a Minor Modification and any major changes to this permit shall require the submittal of a Major Modification as determined by the Director of Community Development. Other Regulations 5. The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable regulations of the RPD zone and all requirements and enactments of Federal, State, County, and City authorities, and all such requirements and enactment's shall, by reference, become conditions of this permit. Graffiti Removal 6. The applicant or his successors and assigns, or the Homeowners' Association shall remove any graffiti within five (5) (� days from written notification from the City of Moorpark. All graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. Dedication of Access Rights 7. Prior to issuance of a Zoning Clearance for construction, the applicant shall dedicate all access rights over any access easements on private streets within the site in order to provide access for all governmental agencies providing the public safety, health and welfare services. Phasing 8. Any phasing shall be approved by the Director of Community Development. The Director shall avoid to the extent possible any impacts to existing residential areas from construction traffic. 9. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In r instances where more than one set of rules apply, the stricter ones shall take precedence. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 5 Severability 10. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. Permittee Defense Costs 11. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. Acceptance of Conditions (—' 12. The permittee's acceptance of this permit and /or commencement of construction and/ or operations under this permit shall be deemed to be acceptance of all conditions of this permit. Surety for Utilities 13. Prior to issuance of a Zoning Clearance for construction, approval, the developer shall post sufficient surety to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed underground to the nearest off - site utility pole. Prior to the issuance of an occupancy permit for the phase of this project, all existing utilities shall also be underground to the nearest off -site utility pole with the exception of 69 KVA or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage roads of the site. 14. Rain gutters and downspout shall be provided on all sides of the 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. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 6 Roof Mounted EauiBment 15. No roof mounted equipment (other than required vents) shall be permitted. Exceptions to this limitation must be approved by the Director of Community Development. Lighting Plan 16. A lighting plan which includes all of the information outlined herein shall be submitted for approval by the Director of Community Development prior to the start of any work required information shall include the type and wattage of bulbs used with pole fixtures or any fixtures. High pressure sodium bulbs are required in fixtures placed higher than eight feet above ground level where the resulting light may be seen from a public right -of -way or adjoining property. Details as to the design of all standards and fixtures is also required. Ornamental fixtures shall be required where visible from the public right -of -way. For all exterior lighting, a lighting plan shall be prepared by electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: Avoid interference's with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height; provide structures which are compatible with the total design of the proposed facility and minimize energy consumption. The lighting plan shall include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid center. Down lighting and accent landscape and building lighting shall be employed throughout the project. b. Maximum overall height of fixtures shall be twenty five (25) feet, unless otherwise approved by the Director of Community Development. C. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at or beyond property lines. r RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 7 d. Energy efficient lighting devices shall be provide. e. A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle average, or as otherwise approved by the Director of Community Development. f. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. g. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Director of Community Development. All exterior lighting devices shall be protected by weather and breakage resistant covers. h. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. i. Prior to the issuance of a Building Permit, a copy of the (" lighting plans shall also be submitted to the Police for review. Dedication of Access Rights 17. Prior to issuance of building permits, the developer shall pay fees in accordance with City's parks and Recreation Facilities requirements, but in no case less than $3,000.00 per dwelling unit. Energy Saving Devices 18. That all residential units shall be constructed employing energy saving devices. These devices are to include, but are not limited to the following: a. Ultra low flush toilets (to not exceed 1.6 gallons); b. Low water use shower controllers as required by Title 24 of the Uniform Building Code shall be placed on all shower facilities; C. Natural gas fueled stoves, ovens and ranges shall not have continuous burning pilot lights; d. All thermostats connected to the main space heating source shall have night set back features; RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 8 e. To ensure closure when not in use, kitchen ventilation systems shall have automatic dampers; and Maintenance of Permit Area 19. 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. Archaeological or Historical Finds 20. If any archaeological or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. The developer shall be liable for the costs associated with the professional investigation. .. 21. The applicant shall indicate where the export of dirt from the site will be taken. If import dirt is to be brought to the site, the applicant shall state the number of cubic yards and location of the borrow site. The City shall approve the haul routes. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FALLOWING CONDITIONS SHALL BE SATISFIED: Citywide Traffic Mitigation Fee 22. Prior to the issuance of a Zoning Clearance for each unit, the applicant shall pay a Citywide Traffic Mitigation Fee of $3,000 for each of the 312 residential units. Submittal of Landscape Plans 23. Prior to issuance of a Zoning Clearance for construction, a r complete landscape plan, together with specifications shall be RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 9 submitted to the Director of Community Development. The plans shall conform to the following: a. Three sets of plans shall be submitted for each plan check. b. Each sheet of the plans shall be wet stamped and signed by the project landscape architect. The project landscape architect shall be licensed by the State of California. C. The plans shall include the following landscape components as appropriate: demolition, construction, irrigation, planting, details and specifications. d. Unless otherwise specified in these project conditions, the plans shall be prepared in general conformance with the Submittal Requirements and Landscape Standards described in the Ventura County Landscape Design Criteria. e. A separate Maintenance Plan shall be prepared in accordance with the Approval /Installation Verification standards described in the Ventura County Landscape Design Criteria. f. Unless otherwise specified in these project conditions, the plans shall be prepared in substantial conformance with the approved conceptual plans for the project. g. The applicant shall bear the full cost of landscape plan reviews, installation and inspections as deemed necessary by the Director of Community Development. h. Prior to initial review of the landscape plans, the applicant shall deposit funds for plan review in an amount specified by the Director of Community Development. The applicant shall deposit additional funds upon request as needed to cover all landscape plan check and inspection fees. Any deposit balance remaining following final approval of the installation shall be refunded to the applicant. i. The following notes shall be included on the plans and shall be project conditions: i. All plant material shall conform to the current issue of the American Standard for Nursery Stock published by the American Association of Nurserymen. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 10 ii. 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. iii. Prior to final inspection by the City of Moorpark, the applicant shall provide a written certification for the operation of the backflow device. j. Unless otherwise approved, all open parking areas shall have fifty percent (50 %) shade coverage by broad leaf canopy shade tree. Shade coverage is defined as the maximum shade area created by a tree at fifty percent (50% at maturity). k. The planting plan shall indicate the proposed locations of light standards. The lighting and tree locations shall be designed to avoid conflicts. 1. All backflow preventers, transformers, and other above -grade utilities shall be appropriately screened with walls and /or plantings. M. The planting and irrigation design shall comply with the State of California Model Water Efficient Landscape Ordinance. n. Prior to occupancy, the landscape installation shall be approved by the Director of Community Development. This approval shall be based upon written certification of the landscape installation by the City Landscape Consultant. o. Subsequent to occupancy, the landscaping shall be maintained in accordance with the approved Maintenance Plan. P. The landscape plan shall include planting and irrigation specifications for manufactured slopes and all common areas. q. A hedge, low wall, or mounding shall be constructed around the perimeter of the parking area to provide screening of the parking area from the surrounding streets. r. In the area of future buildings not under construction, turf and irrigation shall be installed. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archatone Communities Page 11 S. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: i. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. ii. All plant species utilized shall not exceed the Irrigation Water Allowance, as discussed in the State Model Water Efficient Landscape Ordinance. iii. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian (PD). iv. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. V. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street (PD). vi. Earthen berms and /or low walls shall be provided to screen views of parked vehicles from access roads. vii. Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s). viii.A coordinated tree planting program shall be developed which will provide a dominant theme tree within the components of the proposed development. ix. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. X. Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampus Grass, Spanish Broom, and Tamarisk shall not be used. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 12 xi. Unless specifically excluded by letter received from Ventura County Flood Control District a riparian woodland planting program (or other planting program as approved by the Community Development Director) along the Arroyo Simi shall be included in the landscape plan. This planting plan should be designed to provide a nearly continuous canopy of local riparian woodland trees along the Arroyo margin within the project limits. Trees to be planted should include native California broadleaf trees (Sycamore, Box Elder, Elderberry, Cottonwood, Alder, and other selected species). xii. The applicant shall install purple pipe in all common areas for the purpose of using reclaimed water when available. xiii.Additional landscaping shall be added to the site to compensate for the dollar value loss of the existing trees to be removed from the site. The landscaping proposed to compensate for that removed must be specifically described in a separate written report including the function it will serve beyond a general landscape theme, and shall include specimen size materials. The Director of Community Development must approve this report and the materials including their size prior to approval of the landscape plan. Construction Access Plan 24. The applicant shall submit a construction access plan to the Department of Community Development for review and approval by the Director of Community Development. Zoning Clearance 25. Prior to submittal of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. If an applicant desires, construction plans may be submitted to the Building and Safety Department with a City approved Hold Harmless Agreement. A zoning Clearance shall be obtained prior to initiation of any grading or construction activity. If the applicant desires, grading may be initiated upon obtaining a grading permit and providing a City approved "Hold Harmless Agreement ". RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 13 Enforcement of Vehicle Codes 26. Prior to Issuance of a Zoning Clearance for Construction, the applicant shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107.7. 27. Prior to Issuance of a Zoning Clearance for Construction, the applicant shall submit written verification from VCFCD that the area required by the VCFCD for the Arroyo Simi Flood Control Channel has been dedicated to the VCFCD in fee. Submittal of Construction Drawings 28. All final construction working drawings, grading and drainage plans, plot plans, final map (if requested by the Director of Community Development), sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Director of Community Development for review and approval. Revisions to Plans 29. Where necessary the proposed plans shall be revised by the applicant to reflect changes or conditions required for approval. The following revisions shall be made subject to approval by the Director of Community Development. a. The windows on all building elevations shall be provided with surrounds or other architectural features. b. All garage doors shall be of the roll -up sectional type and have automatic garage door openers. C. Entryways to the project as well as the courts and the walkway to the recreational area shall include decorative stamped concrete or other decorative surface. d. In order to provide visual relief along the flood control channel, the site plan and elevations shall be modified along the southern property line that the landscaping and landscaping is �- similar to the garages shown along the west property line which provides varying setbacks with landscaping and architectural RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 14 treatments to soften the building fagade adjacent to Flood Control Channel. e. The entrance at the northwest corner of the project providing access to the east /west street connecting Moorpark Avenue to Park Lane shall be noted for resident egress only and access for emergency vehicles in both directions. A Knox Box or other method to gain emergency access acceptable to the Fire and Police Department shall be in place when the gate is placed. No gate opening mechanism available to residents or non - safety services may be placed that could allow access at this location. f. Amend plans as necessary to reflect the additional architectural features required where the ends of proposed structures are visible from existing or proposed public rights -of- way. g. Submit details (Manufacture Specifications acceptable) concerning the Children's Play equipment proposed for the Tot -lot which must be equal to or better than the equipment detailed to the Planning Commission on February 8, 1999. Trees 30. Any removal of trees and the method of tree replacement shall be approved by the Director of Community Development as part of the landscape plan submitted by the applicant. Outstanding Case Processina Fees 31. The applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to issuance of a Zoning Clearance. The applicant, permittee, or successors in interest, shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of the RPD. Fish and Game Reauirem 32. Within two days after the City Council adoption of a resolution approving the Planned Development Permit, the applicant shall submit to the City of Moorpark a check for $1,250 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 rI'— RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 15 fish and wildlife trust resources. Pursuant to Publi c Code section 21089 (b) and Fish and Game Code section the project is not operative, vested or final until the are paid. Traffic System Management Contribution Resources 711.4 (c), filing fees 33. Prior to the issuance of a Zoning Clearance for construction, the permittee shall make a total contribution to the Moorpark Traffic Systems Management Fund (TSM) of $1,517.19 per unit to fund TSM programs or clean -fuel vehicles programs as determined by the City. Performance Bond 34. No Zoning Clearance may be issued for construction until all on -site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a Certificate of Deposit (CD)to guarantee the construction and maintenance of exterior improvements including, but not limited to perimeter tract walls (including stucco treatment), fences, slope planting or other landscape improvements not related to grading, private recreational facilities, etc. Said on -site improvements shall be completed within 60 days of issuance of a Certificate of Occupancy within a phase. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the deposit; however, the Certificate of Deposit must be kept in full effect for one year after the last occupancy to guarantee that items such as perimeter tract walls, including stucco treatment; landscaping; fences; slope planting or other landscape improvements not related to grading; private recreational facilities, etc. are maintained. Vents and Metal Flashing 35. All roof vents and metal flashing shall be painted to match the roof color. All deck drains shall drain to the side and not to a sidewalk or driveway. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 16 Swimming Pool 36. A six (6) foot high wrought iron fence with pilasters shall be provided around the swimming pool area. All fences and walls shall be approved by the Director of Community Development. The height of the walls around the perimeter of the project shall be in substantial conformance with perimeter walls or fence details included in the project landscape plans. Sound attenuation referenced in any acoustical report prepared for the project shall be taken into account as necessary. All wall heights shall be in substantial conformance with preliminary architectural and landscape plans; the final wall design shall be prepared in consultation with the Director of Community Development. Landscaping berms and other planting techniques shall be employed to minimize the visual dominance around the development. 37. The location proposed for Solar panels for heating any swimming pool constructed within the development shall be subject to the approval of the Director of Community Development prior to the issuance of a Zoning Clearance for construction. All solar panels shall be designed so as to be part of the overall design of the structure supporting it. Garage Size 38. Prior to the placement of any permanent signage on the site, a Master Sign Program consistent with the Zoning Ordinance criteria must be approved by the Director of Community Development. A signage program that exceeds Zoning Ordinance criteria shall be approved by the City Council throughout the submittal of a Minor Modification. Entrance and project identification signs are restricted to a monument design and must incorporate the architectural features, materials and coloration approved for the project. 39. Individual garages shall be a minimum inside dimensions of 20 feet in length and 10 feet in width with a minimum interior height of 8 feet. Adjacent Property Walls and Fences 40. All property line garden walls or wrought iron fences shall be placed in proximity to a property line such that maintenance of areas that may be created may take place. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 17 Provision for Image Conversion of Plans into Optical F 41. Prior to issuance of the first Certificate of Occupancy, the builder shall provide to the City an image conversion of building, landscape, public improvement and site plans and elevations into an optical format acceptable to the City Clerk. Cable Service 42. Television cable service shall be provided to all residential units consistent with existing cable system requirements. Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of the residential buildings. Color of Exterior Building Materials 43. All exterior building materials and paint colors shall be those that were approved per the exhibits to the Department of Community Development. 44. No asbestos pipe or construction materials shall be used. Public Nuisance 45. The Director of Community Development may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance ". The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance 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). Tree Removal Permit 46. The applicant shall obtain a Tree Removal Permit for any trees to be removed. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 18 Will Serve Letter 47. An "Unconditional Will Serve Letter" for water and sewer service shall be obtained from the Ventura County Waterworks District No. 1. PRIOR TO OCCUPANCY. THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Acceptance of On -Site Improvements 48. No Final Inspection approval shall be granted prior to acceptance of site improvements such as perimeter and retaining walls, landscaping, fences, slopes, private recreation areas, and other improvements not related to grading, etc., or the applicant has provided sufficient security as approved by the Director of Community Development to guarantee completion of the improvements. Said on -site improvements shall be completed within 60 days of issuance of Final Inspection approval. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to satisfaction of the City, the City Council may reduce the amount of the surety. However, the surety must be kept in full effect for one year after initial occupancy to guarantee the items such as perimeter and retaining walls, landscaping, fences, slopes, private recreation areas, and other improvements not related to grading, etc. are maintained. 49. All related perimeter and garden walls shall be constructed prior to the issuance of a Zoning Clearance for occupancy. 00160MMM091" 44 50. Construction Site Security Provisions. All new construction, shall comply with the following security measures until the utilities have been released by the City: Perimeter lighting shall be installed at a minimum of 150 foot intervals and at a height not less than 15 feet from the ground. The light source used shall have a minimum light output of 2000 lumens, be protected by a vandalism resistant cover, and be lighted RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 19 during the hours of darkness. Additional lighting shall be required if the construction site exceeds four acres in area. Lighting shall be installed at locations designated by the Chief of Police. Except as otherwise provided in this section, owners or operators of controlled vehicle parking areas and private streets which use mechanical parking gates to control motor vehicle ingress or egress shall install and maintain an emergency override control device on each gate. Said device shall be a master key- operated type switch which shall comply with City of Moorpark Police Department standards (Knox System). Provision of this Section shall not apply to a vehicle parking area or private street without mechanical gates. " Knox Box" key vaults shall be placed on pedestrian gates leading into the property. Key vaults will also be installed at pool pedestrian gates. Knox company type vaults shall be used and keyed for both Ventura County Fire and Ventura County Sheriff. Requirements for Locks Upon occupancy by the owner or proprietor, each single unit in the same residential project or commercial building development constructed under the same development plan, shall have locks using combinations which are interchange free from locks used in all other separate dwellings, proprietorships or similar distinct occupancies within such residential project or commercial building development. Frames. Jambs. Strikes and Hinges Except for vehicular access doors, all exterior swinging doors of any residential building and attached garages, including the door leading from the garage area into the dwelling unit, shall be equipped as follows: Door jambs shall be installed with solid backing in such a manner that no voids exist between the strike side of the jamb and the frame opening for a vertical distance of six (6) inches each side of the strike. In wood framing, horizontal blocking shall be placed between studs at door lock height for three (3) stud spaces each side of the door openings. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archatone Communities Page 20 Door stops on wooden jambs for in- swinging doors shall be one piece construction with the jamb. Jambs for all doors shall be constructed or protected so as to prevent violation of the strike. The strike plate for deadbolts on all wood framed doors shall be constructed of minimum sixteen (16) U.S. gauge steel, bronze, or brass and secured to the jamb by a minimum of two screws, which must penetrate at least two (2) inches into solid backing beyond the surface to which the strike is attached. Hinges for out - swinging doors shall be equipped with nonrenewable hinge or a mechanical interlock to preclude removal of the door from the exterior by removing the hinge pins. Windows The following requirements must be met for windows and sliding glass doors: All windows and sliding glass doors will be designed so that when they are closed they cannot be lifted out of the tract. Louvered windows shall not be used when a portion of the window is less than 12 feet vertically or 6 feet horizontally from an accessible surface or any adjoining roof, balcony, landing, stair tread, platform, or similar structure. Garage -type doors All garage doors shall conform to the following standards: Wood doors shall have panels a minimum density of six ounces per square foot from the bottom of the door to a height of seven (7) feet. Panels above seven (7) feet and panels in residential structures shall have a density not less than five (5) ounces per square foot. Doors utilizing a cylinder lock shall have a minimum five -pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one (1) inch. Doors that exceed 16 feet in width, but not exceeding 19 feet in width, shall have the following options as to locking devices: Two lock- receiving points or one garage- door -type slide bolt may be used if mounted no higher than 26 inches from the bottom of the �^ door. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 21 A single bolt may be used if placed in the center of the door with the locking point located either at the floor or door frame header. Torsion spring counter balance type hardware may be used if hardware substantially complies with the requirements of this chapter. Except in a residential building, doors secured by electrical operation shall have a keyed switch to open the door when in a closed position, or shall have a signal locking device to open the door. Doors with slide bolt assemblies shall have frames of a minimum of .120 inches in thickness, with a minimum bolt diameter of one -half inch and protrude at least 1 -1/2 inches into the receiving guide. A bolt diameter of 3/8 inch may be used in a residential building. The slide bolt shall be attached to the door with nonremovable bolts from the outside. Rivets shall not be used to attach slide bolt assemblies. Except in a residential building, padlock(s) used with exterior mounted slide bolt (s) shall have a hardened steel shackle locking both a heal and toe and a minimum five pin tumbler operation with nonremovable key when in an unlocked position. Padlock(s) used with interior mounted slide bolt(s) shall have a hardened steel shackle with a minimum four -pin tumbler operation. Special Building Provisions - Residential Except for vehicular access doors, all exterior swinging doors of any residential building and attached garages, including the door leading from the garage area into the dwelling unit, shall be equipped as follows: All wood doors shall be of solid core construction with a minimum thickness of 1 -3/4 inches, or with panels not less than 9/16 inch thick. A single or double door shall be equipped with a single cylinder deadbolt lock. The bolt shall have a minimum projection of one (1) inch and be constructed so as to repel cutting tool attack. The deadbolt shall have an embedment of at least # inch into the strike receiving the projected bolt. The cylinder shall have a cylinder guard, a minimum of five (5) pin tumblers, and shall be connected RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 22 to the inner portion of the lock by connecting screws of at least 34 inch in diameter. A duel locking mechanism constructed so that both deadbolt and latch can be retracted by a single action of the inside door knob, or lever may be substituted, provided it meets all other specifications for locking devices. Door jambs shall be installed with solid backing in such a manner that no voids exist between the strike side of the jamb and the frame opening for a vertical distance of six (6) inches on each side of the strike. Door stops on wooden jambs in swing doors shall be of one piece construction with the jamb. Jambs for all doors shall be constructed or protected so as to prevent the violation of the strike. The strike plate for the deadbolts on all wood framed doors shall be constructed of minimum sixteen (16) U.S. gauge steel, bronze or brass and secured to the jamb by a minimum of two (2) screws, which must penetrate at least two (2) inches into solid backing beyond the surface to which the strike is attached. Hinges for out - swinging doors shall be equipped with nonremovable hinge pins or a mechanical interlock to prevent removal of the hinge pins from the exterior of the door. The inactive leaf of double door(s) shall be equipped with metal flush bolts having a minimum embedment of 5/8 inch into the head and threshold of the door frame. Glazing in exterior doors, or within 12 inches of any locking mechanism, shall be of fully tempered glass or rated burglary resistant glazing. Except where clear vision panels are installed, all front exterior doors shall be equipped with a wide angle (180 degree) door viewer not to be mounted more than 58 inches from the bottom of the door. Street number and other identifying data shall be displayed as follows: All residential dwellings shall display a street number in a prominent location on the street side of the residence in such a r" position that the number is easily visible to approaching emergency RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 23 vehicles. The numeral shall be no less than six (6) inches in height and shall be of a contrasting color to the background to which they are attached. Dwellings shall have these numerals illuminated during the hours of darkness. There shall be, positioned at each entrance of a multiple family dwelling complex, an illuminated diagrammatic representation of the complex which shows the location of the viewer and the unit designations within the complex. In addition, each individual unit within the complex shall display a prominent identification number, not less than four (4) inches in height, which is easily visible to approaching vehicular and /or pedestrian traffic. Lighting in multiple family dwellings shall be as follows: Aisles, passageways and recesses to and within the building complex shall be illuminated with an intensity of at least twenty -five one hundredths (.25) foot - candles at the ground level during hours of darkness. Lighting devices shall be protected by weather and vandalism resistant covers. r" Breezeways and stairwells shall be provided with adequate lighting to clearly make visible any and all persons in or near the hallways, stairwells and landings. Transitional lighting be utilized from five (5) foot candles in the breezeways and stairwell to one foot - candle in the parking lots. Garages and or parking areas required to be covered, shall have vehicular access door (s) which conform to the provisions of this chapter. EXCEPTION: A vehicular access door will not be required when the inside of a garage, including the entire rear wall, is visible from floor level to a height of five (5) feet. Visibility shall constitute an unobscured line of vision, not to exceed 80 feet, from the window of a dwelling unit to the inside of the garage. The window is to have a clear vision panel with the dimensions not less than three (3) feet either horizontally or vertically, and the window sill to be not more than four (4) feet from the floor. The visibility factor shall apply to those garages and windows of the same family dwelling complex. I- RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 25 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 Waterworks District No. 1 at the time of grading permit approval. b. Project proposes 10,000 cu. yds. of import. Unanticipated off -site import /export operations requiring an excess of 10 total truck loads shall require Council approval prior to the commencement of hauling or staged grading operations. A haul route is to be submitted to the City Engineer for review and approval. Additional surety for the cleaning and /or repair of the streets may be required as directed by the City Engineer. C. All requests for staged grading must be submitted in writing to the City Engineer for review and approval by the City Council. d. 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 r disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first. e. 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, plans will be reviewed by a certified soils engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. f. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. g. All development areas and lots shall be designed so that surface drainage is collected by the on -site storm drain system prior to connecting to the existing flood control channel to the south of the property. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 26 h. 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. All material for the construction of the wall shall be approved by the City Engineer and Director of Community Development. Geotechnical /Geology Review 53. The Developer shall submit to the City of Moorpark for review and approval, detailed Geotechnical Engineering Report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. In addition, the report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. !� Note: Review of the geotechnical engineering report, by the City's Geotechnical Engineer, may be required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. 54. 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 soils 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 soils report(s). Storm Water Runoff and Flood Control Planning: 55. 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 public improvements and shall post sufficient surety guaranteeing the construction of all improvements. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 27 The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All storm drains shall carry a 10 -year frequency storm; C. All catch basins shall carry a 10 -year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; (10"` e. All culverts shall carry a 100 -year frequency storm; f. Drainage facilities shall be provided such that surface flows are intercepted and contained in a storm drain system prior to entering collector or secondary roadways; g. 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; h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Developer; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j. If the land to be occupied is in an area of special flood hazard, the Developer shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. t'" RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 28 k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain system shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owners unless otherwise approved by the City Council. 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. n. A hydraulic /hydrology 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 Ventura County Flood Control and The City of Moorpark, to support the proposed development. o. 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 an alternate design intensity is approved by the City Engineer. The applicant shall demonstrate that surface drainage from the site shall not drain over the sidewalk or driveways. 56. 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: a. Adequate protection from a 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. t'^ RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 29 c. Hydrology calculations shall be per current Ventura County Standards. 57. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 58. The Developer shall provide for all necessary on -site and off - site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as shown on existing drainage studies and approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities (if applicable) must also be acceptable to the Ventura County Flood Control District. National Pollutant Discharge Elimination System (NPDES) 59. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Stormwater Pollution Control Plan ( SWPCP), on the form provided by the City for the review and approval of the City Engineer. 60. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 61. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to stormwater and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. 62. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" 63. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002) : Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant /owner shall comply with all additional requirements of RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 30 this General Permit including preparation of a Stormwater Pollution Prevention Plan (SWPPP) 64. The Subdivider /Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The Developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. 65. The Subdivider /Developer shall also comply with NPDES objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. 66. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. `^ 67. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. Street Improvement Requirements: 68. The Developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; and shall post sufficient surety guaranteeing the construction of the improvements. Street improvements and median and parkway landscaping shall not be accepted by the City for maintenance until completion, unless otherwise determined by the City Engineer. The Developer shall improve the intersection of Los Angeles Avenue /Moorpark Avenue to maintain the existing Level of Service C. A more detailed traffic analysis of the intersection with design shall be submitted to and approved by the City Traffic Engineer demonstrating acceptable improvements. Any of the proposed improvements which will conform with the ultimate buildout of this intersection shall be credited against the required intersection mitigation fees. 0 RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 31 69. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision) . 70. The street improvements shall include concrete curb and gutter, parkways, street lights, and signing, striping, interim striping and traffic control, paving, and any necessary transitions, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The Developer shall dedicate any additional right -of -way necessary to make all of the required improvements. New Street 71. The proposed east -west connector street along the northerly property line shall extend west to the alignment of Park Lane and shall conform to the Ventura County Road Standard Plate B -3C at a half width standard. The Developer shall irrevocably offer to dedicate to the City prior to occupancy or any units half of the required right -of -way (34 feet) for street improvement. The proposed sidewalk adjacent to the street shall not be meandering. All street and right -of -way improvements as required connecting Moorpark Avenue with Park Lane shall be installed and inspected for compliance with Ventura County Standards as specified for this improvement prior to occupancy of the 200`h unit. Completion of these improvements may be required before occupancy of the 200th unit depending upon approved phasing or occupancy of any units r the need for emergency access to units located within 300 feet of the emergency access gate at the northwest corner of the site. Moorpark Avenue 72. The section of Moorpark Avenue, from the northerly property line through the intersection of Majestic Court, must conform to the Ventura County Road Standard Plate B -3B with an overall right - of -way width of 84 feet and have a sidewalk width of 5 feet. An appropriate transition from 84 feet to 60 feet right -of -way is required south of Majestic Court to the cul -de -sac. The proposed sidewalk adjacent to the street shall not be meandering. 73. The subdivider shall provide slope easements for road maintenance purposes only along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is beyond the dedicated RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 32 right -of -way. Said slope easements shall include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. 74. Streetlights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. 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. 75. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within the right -of -way landscaping areas whenever possible. When above ground obstructions are to be placed within the sidewalk, a minimum five (5) foot clear sidewalk width must be provided around the obstruction. 76. Additional surety shall be provided for resurfacing and /or repair of the full width portion of Moorpark Avenue located adjacent to the project. The surety shall be used to secure the curb replacement and overlay or slurry of the street, as a result (� of damage from construction work or utility trenching. The City may require restoration of the street before occupancy of the building. Surety will be returned upon the City Engineer accepting the condition of the street. Other: 77. 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 with Reuse Permit procedures administered by the County Water Resources Development Department. 78. The applicant shall comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations. These measures shall be implemented by the County of Ventura Public Works Department (Waterworks District No. 1) 79. All existing and proposed utilities shall be undergrounded as approved by the City Engineer. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 33 80. The final design and location of all walls and fences, streetscape elements, urban landscaping are subject to the approval of the Director of Community Development. 81. In accordance with Business and Professions Code 8771 the street improvement plans shall, provide for a surveyors statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. 82. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. 83. 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. 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. 84. 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 RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 34 (6) feet high are to be submitted to and approved by the Director of Community Development. 85. The subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety, health and welfare. 86. The subdivider shall offer to dedicate to the City of Moorpark, public use, all riqht- of -wav easements for public streets. 87. The Developer shall post sufficient surety guaranteeing completion of all site improvements within the development and other 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., accessways, temporary debris basins, etc.) in a form acceptable to the City. 88. The Developer shall execute a covenant running with the land (or pay a traffic mitigation fee) on the behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. 89. The applicant shall make a special contribution to the City representing the Developers pro- rata share of the cost of improvements at the following intersection: Los Angeles Ave. /Moorpark Ave.(estimated cost of improvement $165,000) Los Angeles Ave. /Spring Road (estimated cost of improvement $150,000) Los Angeles Ave. /Tierra Rejada(estimated cost of improvement $100,000) Moorpark Ave. /Poindexter Ave $120,000) Los Angeles Ave. /Maureen $165,000) (estimated cost of improvement (estimated cost of improvement RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 35 The actual contribution (pro -rata share) shall be based upon the additional traffic added to the intersection. The Developer's traffic engineer shall provide the City Engineer an estimate of the projected traffic numbers for calculation of the pro -rata share. • h .• � • •. •gin •. _ _ 90. Grading may occur during the rainy season from October 15th to April 15th subject to installation of erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. 91. Prior to any work being conducted within the State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. 92. 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. 93. During clearing, grading, earth moving or excavation operations, dust shall be controlled by regular watering. 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 which will be available for dust control at each phase of grading. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 20 mph averaged over one hour). The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. d. Keep all grading and construction equipment on or near the site, until these activities are completed. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 36 e. Face masks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. f. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. g. Wash off heavy -duty construction vehicles before they leave the site. 94. 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. 95. All diesel engines used in construction equipment shall use reformulated diesel fuel. 96. 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. 97. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 37 98. Truck noise from hauling operations shall be minimized through establishing hauling routes which 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. 99. The Developer shall ensure that construction equipment is fitted with modern sound- reduction equipment. 100. Equipment not in use for more than ten minutes shall be turned off. 101. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 102. 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. 103. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 104. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 105. Soil testing for trench compaction is to be performed on all trenches for pipe or conduit placement. The interval of testing shall be less than once every 4 feet of lift and 100 lineal feet of trench excavated. 106. Observe a 15 mile per hour speed limit for the construction area. 107. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. r RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 38 108. Prior to issuance of a building permit, the Developer shall pay to the City the Los Angeles Avenue Area of Contribution (AOC) Fee, which shall be the dollar amount in effect at the time the fee is paid. 109. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the Developer would not have to pay the AOC fee. 110. Prior to issuance of a building permit, all habitable structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 111. Construction of Moorpark Avenue and the new street /parkway improvements and /or repairs shall be completed to the satisfaction of the City Of Moorpark. 112. If directed by the City, the Developer shall have repaired, overlayed or slurried that portion of Moorpark Avenue adjacent the development. 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. 113. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 114. Sufficient surety in a form and in an amount acceptable to the City guaranteeing the public improvements shall be provided, and shall remain in place for one year following acceptance by the City. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 39 115. If necessary, the applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 116. Original "as built" plans will be certified by the Developer's Registered Civil Engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 3611, they must be resubmitted as "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 will be scheduled. 117. During the construction phase, or a 6' high chain link fence shall be erected around the construction site. WATERWORKS DISTRICT NO 1 CONDITION: 118. Applicant for service shall comply with the Ventura County Waterworks District No. 1 Rules and Regulations. Vertical Clearance of Driveways 119. All driveways shall have a minimum vertical clearance of 13 feet 6 inches. Gates 120. Gates used to control vehicle access shall be designed as required by the Fire Department Gate Guidelines. Design criteria includes, stacking method of gate control, clear widths, and Knox systems for secured gates. Gate plan details shall be submitted to the Fire Prevention Division for review and approval prior to construction or map recordation. Fire Hydrants 121. Prior to construction, the applicant shall submit plans to the Fire District for approval of the location of the hydrants. On �- plans, show existing hydrants within 300 feet of the development. Proposed hydrant is not acceptable. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 40 122. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. 123. Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch and two 2 % inch outlet(s). 124. The required fire flow shall be achieved at no less than 20 psi residual pressure. 125. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. 126. Fire hydrants shall be set back in from the curb face 24 inches on center. Fire Flow 127. The minimum fire flow requirement required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1994 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 1,750 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume at the project. Review of Plans for Fire Lanes 128. Prior to construction the applicant shall submit two (2) site plans to the Fire District for review and approval of the location of the fire lanes. The fire lanes shall be in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. Address Numbers 129. Address numbers, a minimum of 6 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 r- RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 41 address number(s) shall be posted adjacent entrance. 130. A plan shall be submitted approval indicating method in by address numbers. Fire Sprinklers to the driveway to the Fire District for review and which buildings are to be identified 131. All buildings shall be protected by an automatic sprinkler system. Plans shall be submitted with payment to the Fire District for review and approval to the Fire District. Grass and Brush Removal 132. All grass or brush exposing any structure (s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. Spark Arrestor 133. An approved spark arrestor shall be installed on the chimney of any structure(s). 134. Applicant shall obtain VCFD Form No. 126 "Requirements For Construction" prior to obtaining a building permit for any new structures or additions to existing structures. Trash Dumpsters 135. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers. (Uniform Fire Code, Article 11.) Fire Extinguishers 136. Fire extinguishers shall be installed in apartment buildings in accordance with National Fire Protection Association Pamphlet #10. The placement of extinguishers shall be subject to the review of the Fire District. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 42 Fire Alarm System 137. A manual and automatic fire alarm system shall be installed in apartment houses three (3) or more stories in height or containing more than 15 dwelling units. 138. Plans for any fire alarm system shall be submitted to the Fire District for plan review and approval. Hazardous Fire Area Building Code Requirements 139. Portions of this development may be in a high fire hazard area and those structures shall meet hazardous fire area building code requirements. Public Assembly Areas 140. The building plans of public assembly areas which have an occupancy load of 50 or more, shall be submitted to the Fire District for plan review and approval. Access Road 141. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 ton Fire District vehicle shall be installed. 142. Access roads shall not exceed 15% grade. Street Names and Signs 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 Plate F -4 of the Ventura County Road Standards. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS 145. Applicant shall pay the current developer fee of $1.93 per square foot and funds beyond the minimum to mitigate K -12 student facilities housing needs. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 43 146. The applicant shall establish a safe student pedestrian thoroughfare. AIR POLLU'T'ION CONTROL DISTRICT CONDITIONS 147. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (ie., greater than 20 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. 148. All trucks that will haul excavated or graded material off - site shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114 (b)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. 149. All unpaved on -site roads shall be periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 150. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of fugitive dust. 151. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 152. On -site vehicle speeds shall not exceed 15 miles per hour. 153. Equipment engines shall be maintained in good condition and in proper tune as per manufacturers specifications. 154. Face masks are to be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust which may contain the fungus that causes San Joaquin Valley Fever. Dust also acts as a lung irritant and can cause lung damage. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS (VCFCD) 155. Dedicate in fee the area required by the VCFCD for the Arroyo Simi Flood Control Channel. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 44 156. No development will be allowed within the limits of the Arroyo Simi Flood Control Channel right -of -way. 157. A vertical barrier shall be constructed between the property boundary and the Arroyo Simi Flood Control Channel. The vertical barrier shall not be less than a 5 -foot high chain link fence. 158. All drainage connections to the flood control channel will require a permit from VCFCD. The project shall meet all applicable NPDES requirements prior to the issuance of a VCFCD permit. 159. All proposed landscape areas adjacent to the Arroyo Simi Flood Control Channel shall be sloped away from the channel boundary. Sloping the landscaped areas away from the channel will prevent irrigation runoff from collecting and eroding the VCFCD maintenance road and levee proposed along the north side of the channel. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS 160. The developer shall fully mitigate school facility needs to house the student population growth generated from the proposed development. This includes elementary, middle and high school facilities. 161. Assist in the placement of safe bus turnouts and bus stop locations for student pickup /drop off. 162. Provide funds for crossing guards at Los Angeles and Moorpark Avenues and study the need for guards at other locations near the project. 163. Provisions for construction traffic mitigation near the project and along Moorpark Avenue. 164. The storage, handling, and disposal of any potentially hazardous material shall be in compliance with applicable state regulations. 165. Prior to issuance of a Building Permit to the recreation area of the project, the applicant shall obtain plan check approval of the swimming pool from the County of Ventura Environmental Health `— Division. RESOLUTION NO. PC -99 -365 RPD 97 -1 Archstone Communities Page 45 The action of the foregoing direction was approved by the following roll call vote: AYES: PARVIN, HALLER, OTTO, LANDIS, DICECCO NOES: PASSED, APPROVED, AND ADOPTED THIS 22, DAY OF FEBRUARY, 1999 ATTEST: d� /6- � Celia— LaFle r, Secretary to the Planning Commission 1