HomeMy WebLinkAboutRES 1999 366 0308r RESOLUTION PC -99 -366
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF RESIDENTIAL PLANNED DEVELOPMENT
PERMIT NOS. 98 -3, 98 -4, 98 -5 and 98 -6 ON THE APPLICATION
OF LENNAR HOMES OF CALIFORNIA
Whereas, at a duly noticed public hearing on February 22,
1999, and March 8, 1999, the Planning Commission considered the
application filed by Lennar Homes of California for Residential
Planned Development Permit (RPD) Nos. 98 -3, 98 -4, 98 -5 and 98 -6;
and
Whereas, RPD 98 -3 applies to the area approved as Tract 4975,
RPD 98 -4 applies to the area approved as 4976, RPD 98 -5 applies to
the area approved as Tract 4977 and RPD 98 -6 applies to the area
approved as Tract 4980; and
Whereas, the proposed Residential Planned Development Permits
for the residential tracts within the Carlsberg Specific Plan will
implement the Specific Plan by authorizing Development and
modifying or establishing architectural, design and development
{ standards and landscaping concepts, streetscape concepts, height
and setbacks of structures, architectural and appearance criteria,
fences, walls, hardscape and landscaping materials as well as
colors and building materials; and
Whereas, at its meeting of February 22, 1999, and March 8,
1999, the Planning Commission opened the public hearing, took
testimony from all those wishing to testify, and closed the public
hearing on March 8, 1999; and
Whereas, the Planning Commission after review and
consideration of the information contained in the Planning
Commission staff report dated February 17, 1999, and March 2, 1999,
has found that the environmental effects discussed in the
Subsequent EIR prepared for the Amended Carlsberg Specific Plan and
the environmental effects of these proposed subdivisions are
sufficiently similar to qualify for an exemption from the
provisions of the Environmental Quality Act (CEQA) and has reached
it's decision on this matter.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
PC-MK.doo-52&1N9 3:46 PM
Resolution No.
RPD 98 -3, 98 -4,
March 2, 1999
Page No. 2
PC -99 -366
98 -5 and 98 -6
SECTION 1. The Planning Commission hereby recommends to the
City Council adoption of the following findings:
A. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS
1. The environmental effects discussed in the Subsequent EIR
prepared for the Amended Carlsberg Specific Plan and the
environmental effects of these proposed Residential
Planned Development Permits are sufficiently similar to
qualify for a finding of exemption under Section 15182 of
the California Environmental Quality Act (CEQA)
Guidelines for residential projects approved by a
Specific Plan where a Draft Environmental Impact Report
has been prepared after January 1, 1980.
B. RESIDENTIAL PLANNED DEVELOPMENT PERMIT FINDINGS
2. The RPD's are consistent with the intent and provisions
of the City's General Plan and this title;
3. The RPD's are compatible with the character of
surrounding development;
4. The RPD's would not be obnoxious or harmful, or impair
the utility of neighboring property or uses;
5. The RPD's would not be detrimental to the public
interest, health, safety, convenience or welfare; and
6. The RPD's are 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
Residential Planned Development Permits are consistent with the
City's General Plan and the Amended Carlsberg Specific Plan.
SECTION 3. That the Planning Commission hereby recommends to
`- the City Council approval of RPD Nos. 98 -3, 98 -4, 98 -5 and 98 -6 on
the application of Lennar Homes of California subject to compliance
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 3
with all of the following conditions.
A. DEPARTMENT OF COWWNITY DEVELOPMENT CONDITIONS: Conditions of
approval for Residential Planned Development Permit No. 98 -3,
98 -4, 98 -5, and 98 -6. General Requirements:
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.
B. USE INAUGURATION:
2. Unless the project is inaugurated (building
foundation slab in place and substantial work in
progress) not later than three years after this permit is
granted, this permit shall automatically expire on that
date. The Director of Community Development may, at his
discretion, grant up to two (2) one (1) year extensions
for project inauguration if there have been no changes in
the adjacent areas and if applicant can document that he
has diligently worked towards inauguration of the project
during the initial two year period and the applicant has
concurrently requested a time extension to the tentative
tract map. The request for extension of this entitlement
shall be made at least 30 -days prior to the expiration
date of the permit.
C. DESIGN /DEVELOPMENT STANDARDS - APPENDIX %%l-
3. All design criteria, development standards,
landscape concepts and criteria and all building
materials, colors and streetscape concepts and other
information presented to define the standards for
construction and appearance contained in the document
titled "Sycamore Ranch" - Appendix "1" to Carlsberg
Specific Plan, Amendment 1 (October 1, 1999) incorporated
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 4
as Exhibit "A" to this resolution shall apply to
residential structures and accessory buildings submitted
for Zoning Clearance and Building Permit issuance in
Tracts 4975, 4976, 4977, and 4980 in the City of
Moorpark.
4. Revisions to Sycamore Ranch Appendix "1" Design
Criteria. The Sycamore Ranch Appendix 111" document shall
be revised by the applicant to incorporate the following
design criteria:
D. SIDE YARD SETBACKS:
5. The minimum interior side yard setback shall be five
(5) feet.
6. The total interior side yard setbacks for lots over
70 feet in width shall be equal to 15% of the width of
the lot, with a minimum setback of five (5) feet.
7. Windows with dissimilar characteristics on abutting
structures shall be offset by three (3) feet.
8. Adjoining residential units may not have the same
floor plan and elevation.
9. A minimum of three architectural styles shall be
included in each of the individual tracts with no less
than 20% of the dwellings in each tract represented by
one of the architectural styles.
10. A minimum of two sub - styles shall be included in two
of the three architectural styles.
11. Side by side dwellings with the same architectural
style shall incorporate at least two of the following
criteria:
a. Single story
b. Alternative roof lines
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 5
c. Increase second story setback by 10 feet from
first story setback.
d. Incorporate a porch or balcony
e. Incorporate a courtyard behind the front setback
a minimum of 8 feet in depth and 10 feet wide.
f. Reverse plan
g. Dormer treatments
12. A minimum of 20% of all units within each separate
tract (Tract 4975, 4976, 4977, 4980) shall be limited to
a maximum ridgeline height of 28 ft.
13. The roof design for all structures as viewed from
any street, (including Highway 23) or from the public
park shall be varied unit by unit which may be
accomplished through the use of at least one of the
following: alternative roof designs; materials and colors
a combination roof design such as hip and gable; through
the use of dormer details or by off - setting the roof
plane or walls of the building either horizontally or
vertically by a minimum of four feet.
14. Not more than 20% of the units on any block face
shall have the same architectural plan and elevation.
15. Adjacent or opposing cul -de -sac streets shall not
have the same sequence of architectural or model
plotting.
16. Not more than two side by side dwellings may have a
standard three car garage configuration.
17. A maximum of 39% of garages on Tract 4975 and Tract
4976 and 45% on Tract 4977 and Tract 4980 may be
"Standard 3 -car configuration" (straight in entrance).
18. Garage doors located parallel to any abutting street
shall be multi paneled to provide relief and painted with
a color consistent with the structures architectural
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 6
features, such that the garage doors are not predominant
visual feature as viewed directly from the street.
19. Solar panels supplying potable water for use in
habitable spaces may be placed on roof areas visible
along any street frontage if placed parallel to the plane
of the roof surface and architecturally integrated into
the design of the residence as approved by the Director
of Community Development.
20. Accessory buildings over 120 square feet in area or
which require a building permit may be located only in
rear yard areas and must be of an architectural style and
color and constructed of materials consistent with the
main structure.
21. Garden walls and fencing to a maximum height of 36
F inches may be placed in front yard setback areas provided
that they are architecturally consistent with the main
building as approved by the Director of Community
Development.
22. All property line walls or fences shall be
constructed of masonry, stone or concrete products and be
in earth tone colors, except for fence lines included in
the Community Wall Plan of Sycamore Ranch Appendix "1",
and interior view lots as may be determined and approved
by the Director of Community Development.
23. All walls at the side yard return (side property
line to main building) or on a corner lot that are
visible from any street shall be constructed of masonry,
stone or concrete products and shall be architecturally
consistent with the main building to the satisfaction of
the Director of Community Development.
24. All units abutting the gated entrance to Tracts 4875
and 4976 shall be single story in height, except that any
portion of the structure that is located more than forty
(40) feetfrom the curb line of the gated street may be two
stories or 35 feet in height.
r
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 7
25. Units abutting the gated entrance to neighborhood
areas in Tract 4977 (specially lot numbers 79 and 96) may
be two story in height provided a landscape buffer
sufficient in height be designed, approved by the
Director of Community Development, and installed prior to
occupancy. Units abutting the gated entrance to Tract
4980 (specifically lot numbers 38, 39, and 138) may be
split story in height, providing the single story element
faces the gated entry.
26. The maximum allowed lot coverage, which includes any
structure requiring a building permit shall be 50% for
lots with a net lot area of 6300 sq.ft. or more, and 60%
for lots with a net lot area less than 6300 sq.ft.
27. No expansion, alteration or change in architectural
elements that is visible from any abutting street shall
be allowed, unless in the judgement of the Director of
Community Development it is compatible with all dwellings
having frontage on the same street and located within 200
feet of the side property line of the structure proposed
for expansion or alteration.
28. Garages shall maintain a clear unobstructed
dimension of 20 feet in length and 10 feet in width for
each parking stall, with a minimum of two garage parking
stalls required for each dwelling unit.
29. All neighborhood entries will be of a gated design,
the design of which is subject to review and approval of
the Director of Community Development and the City
Engineer. The design of the gated entries shall be
compatible with the scale, colors, visual character and
design of the approved Residential Planned Development
Permit so as to enhance the physical and visual quality
of the community.
30. The windows on building elevations that are readily
visible from streets within and surrounding the
development, useable open space, the park site, adjacent
church, adjacent school and Highway 23, shall be provided
with surrounds or architectural features as approved by
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 8
the Director of Community Development.
31. All air conditioning or air exchange equipment must
be placed at ground level and may not be placed in a side
yard area within 15 feet of a opening window at ground
floor level of the adjacent structure and shall not
reduce the required sideyard to less that 3 feet.
E. SETTLEMENT AGREEMENT
32. All conditions, criteria, fees and provisions of the
Settlement Agreement dated September 7, 1994, and the
First Amendment thereto dated November 12,1996, or its
modification or amendment shall be adhered to.
F. MODIFICATION TO PERMIT
33. 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.
G. OTHER REGULATIONS
34. The design, maintenance, and operation of the permit
area and facilities thereon shall comply with all
applicable regulations of the applicable zone and all
requirements and enactment's of Federal, State, County,
and City authorities, and all such requirements and
enactment's shall, by reference, become conditions of
this permit.
H. ZONING CLEARANCE
35. 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
" Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 9
Community Development. If an applicant desires,
construction plans may be submitted to the Building and
Safety Department with a City approved Hold Harmless
Agreement, 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 ".
I. GRAFFITI REMOVAL
36. 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.
J. ACCESS RIGHTS DEDICATION
37. 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.
38. Agreement became effective, the amount of the
Development Fee shall increase by one -half of one percent
(0.5 %) per month on the first day of the month ( "onthly
indexing ").
K. PHASING
39. 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.
L. EFFECT OF CONDITIONS
40. No conditions of this entitlement shall be
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 10
interpreted as permitting or requiring any violation of
law or any unlawful rules or regulations or orders of an
authorized governmental agency. In instances where more
than one set of rules apply, the stricter ones shall take
precedence.
M. sEVERABILITY
41. 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.
N. PERMITTER DEFENSE COSTS
42. 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.
O. ACCEPTANCE OF CONDITIONS
43. 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.
P. SURETY FOR UTILITIES
44. Prior to approval of a final map, the subdivider
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 occupancy
i� permit for the last house in the tract, all existing
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 11
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 aboveground power poles on the project site as well
as those along the frontage roads of the site. All
utility lines that must connect across Los Angeles Avenue
shall be placed underground via an underground conduit
Q. RAIN GUTTERS AND DOWNSPOUTS
45. Rain gutters and downspout shall be provided on all
sides of the structure for all structures where there is
a directional roof flow. Water shall be conveyed to the
street or drives in non - corrosive devices as determined
by the City Engineer.
R. ROOF MOUNTED EQUIPMENT
46. No roof - mounted equipment (other than required
vents) shall be permitted. Exceptions to this limitation
must be approved by the Director of Community
Development.
S. VENTS AND METAL FLASHING
47. All roof vents and metal flashing shall be painted
to match the roof color. All deck drains shall drain to
the side and not facing the private street.
T. EXTERIOR LIGHTING
48. Exterior front yard lighting within the development
shall be limited to illumination of entryways and address
identification. Excessively bright and /or unshielded
front door lighting shall be prohibited.
U. LIGHTING
49. bighting in areas adjacent to the natural open space
portions of the site shall be fully hooded and shielded
to prevent illumination of sensitive habitats and these
restrictions shall be incorporated in the CC &R'S. (EIR
2 -10, B5)
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 12
V. ENERGY SAVING DEVICES
50. That all residential units shall be constructed
employing energy saving devices. These devices are to
include, but are not limited to the following:
51. Ultra low flush toilets (to not exceed 1.6 gallons);
52. Low water use shower controllers as required by
Title 24 of the Uniform Building Code shall be placed on
all shower facilities;
53. Natural gas fueled stoves; ovens and ranges shall
not have continuous burning pilot lights;
54. All thermostats connected to the main space- heating
source shall have night set back features;
f' 55. To ensure closure when not in use kitchen
ventilation systems shall have automatic dampers; and
56. Hot water solar panel stub -outs shall be provided.
W. MAINTENANCE OF PERMIT AREA
57. 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.
X. ARCHAEOLOGICAL OR HISTORICAL FINDS
58. 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
r Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 13
resuming development. The developer shall be liable for
the costs associated with the professional investigation.
Y. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
Z. SUBMITTAL OF LANDSCAPE PLANS -
Clearance for construction,
consistent with the Landscape
Sycamore Ranch Appendix "1 ",
shall be submitted to the Dire
The plans shall conform to the
Prior to issuance of a Zoning
a complete landscape plan
Concept and materials list I
together with specifications
:tor of Community Development.
following:
59. Three sets of plans shall be submitted for each plan
check.
60. 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.
61. The plans shall include the following landscape
components as appropriate: demolition, construction,
irrigation, planting, details and specifications.
62. 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.
63. A separate Maintenance Plan shall be prepared in
accordance with the Approval/ Installation Verification
standards described in the Ventura County Landscape
Design Criteria for any commonly maintained areas.
64. Unless otherwise specified in these project
conditions; the plans shall be prepared in substantial
conformance with the approved conceptual plans for the
project.
rN
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 14
65. The applicant shall bear the full cost of landscape
plan reviews, installation and inspections as deemed
necessary by the Director of Community Development.
66. 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.
67. The following notes shall be included on the
landscape plans and shall be project conditions:
a. All plant material shall conform to the current
issue of the American Standard for Nursery Stock
published by the American Association of
Nurserymen.
b. 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.
c. Prior to final inspection by the City of
Moorpark, the applicant shall provide a written
certification for the operation of all backflow
devices.
d. Unless otherwise approved, all open parking areas
shall have fifty percent (50 %) shade coverage by
broadleaf canopy shade tree. Shade coverage is
defined as the maximum shade area created by a tree
at fifty percent (50% at maturity).
e. The planting plan shall indicate the proposed
locations of light standards. The lighting and
tree locations shall be designed to avoid
!^ conflicts.
Resolution No.
RPD 98 -3, 98 -4,
March 2, 1999
Page No. 15
PC -99 -366
98 -5 and 98 -6
f. All backflow preventers, transformers, and other
above -grade utilities shall be appropriately
screened with walls and /or plantings.
g. The planting and irrigation design shall comply
with the State of California Model Water Efficient
Landscape Ordinance.
h. 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.
i. Subsequent to occupancy, common area landscaping
shall be maintained in accordance with the approved
Maintenance Plan.
j. The landscape plan shall include planting and
irrigation specifications for manufactured slopes
and all common areas.
k.In the area of future buildings not under
construction, turf and irrigation shall be
installed.
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 16
1. The final landscape plans shall include
landscaping specifications, planting details, and
design specifications consistent with the following
requirements:
a) The landscape plan shall include the final
design of all sidewalks, barrier walls,
streetscape elements, urban landscaping and
pedestrian paths within the project limits.
b) All plant species utilized shall not exceed
the Irrigation Water Allowance, as discussed
in the State Model Water Efficient Landscape
Ordinance.
c) 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).
d) 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.
e) 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.
f) Landscaping shall be designed so as to not
obstruct he view of any exterior door or
window from the street (PD).
g) Backflow preventers, transformers, or other
exposed above grade utilities shall be show on
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 17
the landscape plan (s) and shall be screened
with landscaping and /or a wall.
AA. SUBMITTAL OF CONSTRUCTION DRAWINGS
68. 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.
BB. OUTSTANDING CASE
DEPOSIT
FEES AND CONDITION COMPLIANCE
69. The applicant shall pay all outstanding case
processing (Planning and Engineering), and all City legal
service fees prior to issuance of a Zoning Clearance for
any residential structure. 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.
CC. ADJACENT PROPERTY WALLS AND FENCES
70. All property line walls shall be no further than one
inch from the property line.
DD. PROVISION FOR IMAGE CONVERSION OF PLANS INTO OPTICAL FORMAT
71. 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 into an optical format acceptable to the City
Clerk.
EE. CABLE SERVICE
72. 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
Resolution No.
r' RPD 98 -3, 98 -4,
March 2, 1999
Page No. 18
PC -99 -366
98 -5 and 98 -6
exterior walls of the residential buildings.
FF. ASBESTOS
73. No asbestos pipe or construction materials shall be
used.
GG. PUBLIC NUISANCE
74. 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).
HH. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
75. WILL SERVE LETTER - An "Unconditional Will Serve
Letter" for water and sewer service shall be obtained
from the Ventura County Waterworks District No. 1.
76. ENFORCEMENT OF VEHICLE CODES - 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.
77. ACCEPTANCE OF ON -SITE IMPROVEMENTS - 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
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 19
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.
78. All related perimeter and garden walls shall be
constructed prior to the issuance of a zoning clearance
for occupancy of any dwelling units.
II. MOORPARK POLICE DEPARTMENT
CONSTRUCTION SITE SECURITY:
79. A licensed security guard is recommended during the
off hours of the construction phase, or a 6' high chain
link fence shall be erected around the construction site.
80. Construction equipment, tools, etc. shall be
properly secured to prevent theft during non - working
hours.
81. All appliances (microwave ovens, dishwashers, trash
compactors, etc.) shall be properly secured to prevent
theft prior to installation during non - working hours.
All serial numbers shall be recorded for identification
purposes. All building material shall be properly
secured to prevent theft.
82. If an alarm system is used, it should be wired to
all exterior doors, windows, roof vents or other roof
openings where access may be made.
Resolution No.
RPD 98 -3, 98 -4,
March 2, 1999
Page No. 20
JJ. LIGHTING:
PC -99 -366
98 -5 and 98 -6
83. Parkways shall be well lighted with a minimum
maintained one -foot candle of lighting at ground level.
84. Lighting devices shall be protected against the
elements and constructed of vandal resistant materials.
85. Lighting devices shall be high enough to eliminate
anyone on the ground from tampering with them.
RR. LANDSCAPING:
86. Landscaping shall not cover any exterior door or
window.
87. Landscaping at entrances /exits or at any
intersection shall not block or screen the view of a
seated driver from another moving vehicle or pedestrian.
88. Landscaping (trees) shall not be placed directly
under any overhead lighting, which could cause a loss of
light at ground level.
LL. BUILDING ACCESS AND VISIBILITY:
89. Address Numbers shall be placed on all buildings, in
an obvious sequenced pattern, to be reviewed by the
Police Department prior to designation.
90. There shall not be any easy exterior access to the
roof area, i.e. ladders, trees, high walls, etc.
NN. SECURITY REQUIREMENTS:
REQUIREMENTS FOR LOCKS
91. 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
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 21
occupancies within such residential project or commercial
building development.
NN. FRAMES JAMBS, STRIKES AND HINGES.
92. 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.
00. OARAGE -TYPE DOORS
93. All garage doors shall conform to the following
standards:
a. Wood doors shall have panels a minimum of 5/16
inch in thickness with the locking hardware being
attached to the support framing.
r b. Aluminum doors shall be a minimum thickness of
.0215 inches and riveted together a minimum of
eighteen (18) inches on center along the outside
seams. There shall be a full width horizontal beam
attached to the main door structure which shall
meet the pilot, or pedestrian access, door framing
within three (3) inches of the strike area of the
pilot or pedestrian access door.
c. Fiberglass 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 that five- (5) ounces per square foot.
d. 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.
e. Doors that exceed 16 feet in width, but do not
exceed 19 feet in width, shall have the following
f options as to locking devices:
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 22
a) Two lock- receiving points or one
garage- door -type slide bolt may be used if
mounted no higher that 26 inches from the
bottom of the door;
b) A single bolt may be used if placed in the
center of the door with the locking point
located either at the floor or doorframe
header.
c) Torsion spring counter balance type hardware
may be used if such hardware substantially
complies with the requirements of this
chapter.
d) 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 inch
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 non - removable bolts from the
outside. Rivets shall not be used to attach
slide bolt assemblies.
PP. SPECIAL BUILDING PROVISIONS - RESIDENTIAL
94. 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:
95. 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.
96. A single or double door shall be equipped with a
single cylinder dead bolt lock. The bolt shall have a
minimum projection of one (1) inch and be constructed so
as to repel cutting tool attack. The dead bolt shall have
an embodiment the projected bolt. The cylinder shall
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 23
have a cylinder guard, a minimum of five (5) pin
tumblers, and shall be connected to the inner portion of
the lock by connecting screws of at least 1/4 inch in
diameter. A dual locking mechanism constructed so that
both dead bolt and latch can be retracted by a single
action of the inside doorknob, or lever, may be
substituted, provided it meets all other specifications
for locking devices.
97. Doorjambs 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 (611) inches on each side of the strike.
98. Doorstops on wooden jambs for in swinging doors
shall be of one -piece construction with the jamb. Jambs
for all doors shall be constructed or protected as to
prevent the violation of the strike.
99. The strike plate for dead bolts 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.
100. Hinges for out - swinging doors shall be equipped with
non - removable hinge pins or a mechanical interlock to
prevent removal of the hinge pins from the exterior of
the door.
101. The inactive leaf of double door(s) shall be
equipped with metal flush bolts having a minimum
embodiment of 5/8 inch into the head and threshold of the
doorframe.
102. Glazing in exterior doors or within 12 inches of any
locking mechanism shall be of fully tempered glass or
rated burglary resistant glazing.
103. Except where clear vision panels are installed, all
front exterior doors shall be equipped with a wide -angle
Resolution No.
RPD 98 -3, 98 -4,
March 2, 1999
Page No. 24
PC -99 -366
98 -5 and 98 -6
(180- degree) door viewer not to be mounted more than 58
inches from the bottom of the door.
104. Street numbers and other identifying data shall be
displayed as follows:
a. All residential dwellings shall display a street
number in a prominent location on the street side
of the residence in such a position that the number
is easily visible to approaching emergency
vehicles. The numerals shall be no less than four
(4) 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.
QQ. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS
105. Applicant shall pay the current developer fees in
effect at the time of building permit issuance.
RR. DEDICATION OF PARK
106. Prior to occupancy of the 227th dwelling unit within
the Carlsberg Specific Planning area, the developer shall
dedicate an improved park to the City. The park shall be
improved and available (open) to the public as described
in the Settlement Agreement and Mutual Release. Prior to
approval of the Final Map, the developer shall post a
bond or other security acceptable to the City for
construction of the improved park.
SS. VERNAL POOL
107. When water is present in the vernal pool, it shall
not be artificially drained or otherwise subjected to
disturbance. Biological methods for mosquito control
shall be utilized, including introduction of mosquito
fish or the use of Bacillus Thuringiensis /israelensis
(bt). This shall be completed to the satisfaction of the
Director of Community Development. The Homeowners'
!� Association shall be responsible for implementation of
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 25
all EIR measures relating to maintenance of the vernal
pool area.
TT. CITYWIDE MITIGATION PRE
108. As a condition of the issuance of a building permit
for each residential, commercial or industrial use within
the boundaries of the Amended Specific Plan, Developer
shall pay City a mitigation fee (the "Mitigation Fee").
The Mitigation Fee shall be Two Thousand Dollars ($2,000)
per residential unit. The Mitigation Fee shall be Eleven
Thousand Two Hundred Dollars ($11,200) per gross acre of
the Sub- Regional /Commercial (SR /C) or Business Park (BP)
lot on which the commercial or industrial use is located.
Commencing on January 1, 1997, and annually thereafter,
both categories of the Mitigation Fee shall be increased
or decreased to reflect the change in the Highway Bid
Price Index for the twelve (12) month period that is
reported in the latest issue of the Engineering News
Record that is available on December 31st of the
preceding year ( "annual indexing "), but in no event shall
either category of Mitigation Fee be decreased below the
original dollar amount specified herein. Institutional
uses shall pay on the same basis as commercial and
industrial uses, except that institutional uses which are
exempt from secured property taxes shall be exempt from
the fee. (SA -7)
109. The City of Moorpark, in their sole and unfettered
discretion, may elect not to collect the Mitigation Fee.
In the event of such election, Developers shall be
responsible for all costs for traffic mitigation measures
TC12, TC13 (cost of signal installation or modification
at State Route 23 northbound ramps /Tierra Rejada Road
only), TC14 (cost of signal installation or modification
at State Route 23 southbound ramps /Tierra Rejada Road
only) and TC17, as described in the SEIR. Prior to the
issuance of the first building permit within the
boundaries of the Amended Specific Plan, Developers shall
make a written request of City that they decide whether
or not to make the election, and City shall notify
Developers of their decision within thirty (30) days
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 26
after receipt of the request. (SA -8).
110. The Mitigation Fee, if collected, may be expended by
City in their sole and unfettered discretion; provided,
however, payment of the Mitigation Fee represents payment
in full of the "fair share" amounts required by traffic
mitigation measures TC12, TC13 (cost of signal
installation or modification at State Route 23 northbound
ramps /Tierra Rejada Road only), TC14 (cost of signal
installation or modification at State Route 23 southbound
ramps /Tierra Rejada Road only) and TC17. (SA -8)
111. Payment of the Mitigation Fee does not represent
payment, in full or in part, of certain traffic
mitigation measures described in the Final SEIR that will
be installed by others but for which Developers are
required to pay "fair share" amounts to City. The "fair
share" amounts shall be determined by the following
percentages applied to the actual costs of said instal-
lations: TC7 (48 %), TC10 (3496) and TC11 and TC13 (signal
modification at Spring Road /Los Angeles Avenue only)
(50 %). (SA -8)
112. The remaining traffic mitigation measures described
in the Final SEIR, to wit: TC1, TC2, TC3, TC4 (1009k of
the improvements rather than the 63% provided for in the
SEIR), TCS, TC8, TC13 (signal at Science Drive /New Los
Angeles Avenue only) and TC15 (signal at "A" Street / "B"
Street only) shall be installed by Developers at their
sole cost and expense, without off -set against the AOC
Fee or the Mitigation Fee. The second Tierra Rejada
westbound and eastbound lanes identified in the SEIR have
been constructed by City (the "Widening Project ") .
Developers shall have no financial obligation with
respect to the Widening Project except as provided in the
Settlement Agreement; provided, however, Developer shall
complete frontage improvements on the north side of
Tierra Rejada Road adjacent to the property described in
Exhibit B, including, but not limited to, approximately
eight (8) feet of paving, striping, curb and gutter,
sidewalk, drainage, parkway landscaping and signage, no
later than the issuance of the first occupancy permit
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 27
within the boundaries of the property described in
Exhibit "B" of the Settlement Agreement. (SA -9)
113. A Development Fee as provided for by the Settlement
Agreement and Mutual Release between Conejo Freeway
Properties and Simi Moorpark properties, Ltd. and the
City of Moorpark executed on September 7, 1994, shall be
paid to the City as a condition of issuance of a building
permit. The initial fee, for each residential unit was
established at $1,587.00, however, the Agreement calls
for the fee to be increased by one -half of one percent
(0.5%) per month of the first day of the month beginning
one month after the Agreement becomes effective.
UU. TRAFFIC SYSTEM MANAGEMENT CONTRIBUTION
114. 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 $1,510,425 ($2,736.28 per residential
dwelling unit) to fund TSM programs or clean -fuel
vehicles programs as determined by the City.
W. CITY ENGINEER CONDITIONS:
115. Traffic signals at the following intersections;
Spring Road /Tierra Rejada Road, Moorpark Road /Tierra
Rejada Road and Science Drive /Tierra Rejada Road shall be
installed or modified prior to the issuance of the first
zone clearance for occupancy within Tract 4975, (TC13.
TC14., TC15. and TC16). Payment of the AOC fee shall
represent payment in full of the applicant's fair share
amount for those improvements.
116. The Developer shall contribute their fair share to
the construction of the Moorpark Road /Tierra Road
intersection, to the extent that the following
improvements exceed the AOC widening costs of Tierra
Rejada Road; add second westbound left -turn lane, second
northbound right -turn lane, eastbound right- turn lane,
and provide northbound right -turn overlap with the
westbound left -turn overlap as part of signal installa-
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 28
tion (project share is 4896).
117. Prior to the issuance of
for any residential, unit
applicant shall pay City the
Area of Contribution Fee (the
shall be the dollar amount in
payment of the fee. (SA -6)
the first building permit
within Tract 4975, the
Tierra Rejada /Spring Road
"AOC Fee "). The AOC Fee
effect at the time of the
118. Payment of the AOC Fee shall represent payment in
full of the "fair share" amounts required by traffic
mitigation measures TC6, TC9, TC13 (cost of signal
installation or modification at Spring Road /Tierra Rejada
Road only), TC14 and TC16 (cost of signal installation at
Moorpark Road /Tierra Rejada Road only) and TC15 (cost of
signal installation at "A" Street /Tierra Rejada Road
only), as described in the SEIR. (SA -6 &7)
r WW. GRASS AND BRUSH REMOVAL
119. 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.
XX. SPARK ARRESTOR
120. An approved spark arrestor shall be installed on the
chimney of any structure(s).
YY. VENTURA COUNTY FLOOD CONTROL DISTRICT FORM NO. 126
121. 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.
ZZ. WATERWORKS DISTRICT NO 1
122. Subject property is not within the boundaries of
Ventura County Waterworks District No. 1 for water and
sewer service. The property will have to be annexed to
the to the District prior to final map approval.
Resolution No. PC -99 -366
RPD 98 -3, 98 -4, 98 -5 and 98 -6
March 2, 1999
Page No. 29
123. Applicant shall be required to comply with the
Ventura County Waterworks District No. 1 Rules and
Regulations including all provisions of or relating to
the existing Industrial Waste Discharge Requirements and
subsequent additions or revisions, thereto, and pay
applicable fees. Any requirements by Ventura County Fire
Protection District greater than the District's existing
facilities are the responsibility of the applicant.
The action of the foregoing direction was approved by the
following roll vote:
AYES: LANDIS, OTTO, HALLER, PARVIN, DICECCO
NOES:
r PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF MARCH, 1999.
ATTEST:
Celia LaFleu , Secretary to
The Planning Commission
Attachment: Exhibit A