HomeMy WebLinkAboutRES 1999 368 0426RESOLUTION NO. PC -1999 -368
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF ZONE CHANGE NO. 99 -3 FOR A
CHANGE IN ZONE FROM RPD 15 TO RPD 8.9, TENTATIVE
TRACT MAP NO 5161 FOR 59 LOTS AND RESIDENTIAL
PLANNED DEVELOPMENT PERMIT NO. 98 -7 FOR APPROVAL TO
CONSTRUCT 59 RESIDENCE ON 6.6 ACRES OF LAND LOCATED
SOUTH OF POINDEXTER AVENUE, WEST OF POINDEXTER
PARK, NORTH OF MISSION BELL PLAZA AND EAST OF
MOORPARK ESTATES ON THE APPLICATION OF CABRILLO
ECONOMIC DEVELOPMENT CORPORATION, ASSESSOR'S PARCEL
NO. 511 -0- 090 -30
WHEREAS, at a duly noticed public hearing on April 26, 1999,
the Planning Commission considered the application filed by
Cabrillo Economic Development Corporation for approval of the
following:
Zone Change No. 99 -3 - for a change in the zoning designation on
the property from RPD -15u (Residential Planned Development 15 units
per acre maximum) to RPD -8.9u (Residential Planned Development 8.9
units per acre).
Residential Planned Development Permit (RPD) No. 98 -7 - for
approval to construct 59 dwelling units.
Tentative Tract Map No. 5161 - for a subdivision of approximately
6.6 acres into 59 residential lots.
WHEREAS, at its meeting of April 26, 1999, the Planning
Commission opened the public hearing, took testimony from all those
wishing to testify, and closed the public hearing on April 26,
1999; and
WHEREAS, the Planning Commission, after review and
consideration of the information contained in the staff report
dated April 26, 1999, and testimony, has made a recommendation to
the City Council.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission hereby adopts the
following findings:
C.E.Q.A. Findinqs
1. That the Mitigated Negative Declaration /Initial Study for the
RESOLUTION NO. PC -1999 -368
Page No. 2
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.
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 and considered in the various decisions regarding
these projects.
Subdivision Map Act Findings
Based on the information set forth above, it is determined
that the Tentative Tract Map, with imposition of the attached
conditions, meets the requirements of California Government
Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in
that:
1. The proposed map is consistent with the applicable general and
specific plans.
2. That the design and improvements of the proposed subdivision
is consistent with the applicable general and specific plans.
3. The site is physically suitable for the type of development
proposed.
4. The site is physically suitable for the proposed density of
development.
5. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage.
6. The design of the subdivision and the type of improvements are
not likely to cause serious public health problems.
7. The design of the subdivision and the type of improvements
would not conflict with easements acquired by the public at
large, for access through, or use of the property within the
proposed subdivision.
8. There would be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements under
Water Code Section 13000 et seq.
RESOLUTION NO. PC- 1999 -368
Page No. 3
9. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake, or
reservoir.
Residential Planned Development Permit Findings
1. The proposed project is consistent with the intent and
provisions of the City's General Plan and Zoning Ordinance.
2. The proposed project is compatible with the character of
surrounding development.
3. The proposed project would not be obnoxious or harmful, or
impair the utility of neighboring property or uses.
4. The proposed project would not be detrimental to the public
interest, health, safety, convenience, or welfare.
5. The proposed project is compatible with existing and planned
land uses in the general area where the development is to be
located.
6. The proposed project is compatible with the scale, visual
character and design of the surrounding properties, designed
so as to enhance the physical and visual quality of the
community, and the structure ( s ) have design features which
provide visual relief and separation between land uses of
conflicting character.
SECTION 2. The Planning Commission does hereby find that the
aforementioned projects will be consistent with the City's General
Plan prior to recordation of the Final Map.
SECTION 3. That the Planning Commission recommends that Zone
Change No. 99 -3 be approved to rezone the entire parcel of land
from RPD -15u (Residential Planned Development 15 units per acre) to
RPD -8.9u as the RPD -8.9u is consistent with the proposed density of
Residential Planed Development Permit No. 98 -7 and would serve to
limit more intense uses on the land that may not be compatible with
the existing residential properties located adjacent to the
property.
SECTION 4. That the Planning Commission hereby recommends to
the City Council conditional approval of Tentative Tract Map No.
5161 for 59 lots, and Residential Planned Development Permit No.
98 -7 for 59 dwelling units on the application of Cabrillo Economic
Development Corporation subject to compliance with all of the
following conditions:
RESOLUTION NO. PC -1999 -368
Page No. 4
CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5161
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS
Application of City Ordinances /Policies
1. The conditions of approval of this Tentative Tract Map and
all provisions of the Subdivision Map Act, City of Moorpark
Ordinance and adopted City policies supersede all
conflicting notations, specifications, dimensions, typical
sections and the like which may be shown on said map.
Acceptance of Conditions
2. Recordation of this subdivision shall be deemed to be
acceptance by the subdivider and his heirs, assigns, and
successors of the conditions of this Map. A notation which
references conditions of approval shall be included on the
Final Map in a format acceptable to the Director of
Community Development.
Expiration of Map
3. This Tentative Tract Map shall expire three years from the
date of its approval. The Director of Community
Development may, at his discretion, grant up to two (2)
additional one (1) year extensions for map recordation, if
there have been no changes in the adjacent areas and if
applicant can document that he has diligently worked
towards map recordation during the initial period of time.
The request for extension of this entitlement shall be made
in writing, at least 30 -days prior to the expiration date
of the permit.
Image Conversion
4. Prior to recordation, 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.
Hold Harmless
5. The subdivider shall defend, indemnify and hold harmless
the City and its agents, officers and employees from any
claim, action or proceeding against the City or its agents,
RESOLUTION NO. PC -1999 -368
Page No. 5
officers or employees to attack, set aside, void, or annul
any approval by the City or any of its agencies,
departments, commissions, agents, officers, or employees
concerning the subdivision, which claim, action or
proceeding is brought within the time period provided
therefore in Government Code Section 66499.37. The City
will promptly notify the subdivider of any such claim,
action or proceeding, and, if the City should fail to do so
or should fail to cooperate fully in the defense, the
subdivider shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents,
officers and employees pursuant to this condition.
The City may, within its unlimited discretion, participate
in the defense of any such claim, action or proceeding if
both of the following occur:
The City bears its own attorney fees and costs;
The City defends the claim, action or proceeding in good
faith.
The subdivider shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the subdivider. The subdivider's
obligations under this condition shall apply regardless of
whether a final map or parcel map is ultimately recorded
with respect to the subdivision.
Title Report
6. The subdivider shall submit to the Department of Community
Development and the City Engineer for review a current
title report which clearly states all interested parties
and lenders included within the limits of the subdivision
as well as any easements that affect the subdivision.
UTILITY AGENCY REQUIREMENTS
Calleguas Release
7. Prior to approval of a Final Map, the subdivider shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the
proposed subdivision have been made. The subdivider shall
RESOLUTION NO. PC- 1999 -368
Page No. 6
comply with Ventura County Waterworks Rules and
Regulations, including payment of all applicable fees.
Unconditional Availability Letter
8. Prior to approval of a Final Map, an unconditional
availability letter shall be obtained from the County
Waterworks District No. 1 for sewer and water service for
each lot. Said letter shall be filed with the Department
of Community Development or, if said Unconditional
Availability Letter in a form satisfactory to the City
cannot be obtained from the County Waterworks District No.
1, the developer shall execute a Subdivision Sewer
Agreement in a form satisfactory to the City. Said
agreement shall permit deferral of unconditional guarantee
for sewer and water service until issuance of a building
permit for each lot in the subdivision. Said agreement
shall include language holding the City harmless against
damages in the event of the ultimate lack of adequate water
or sewer service.
Cross Connection Control Devices
9. At the time water service connection is made, cross
connection control devices shall be installed on the water
system in a manner approved by the County Waterworks
District No. 1.
Surety Bond for Utilities
10. Prior to approval of a final map, the subdivider shall post
sufficient surety bond 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
last house in the tract, all existing utilities shall also
be undergrounded 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. All utility lines either
existing or proposed that must connect across Los Angeles
Avenue to provide service to this site shall be placed
underground via an underground conduit.
RESOLUTION NO. PC -1999 -368
Page No. 7
FEES, CONTRIBUTIONS AND DEPOSITS
11. The Map shall be submitted in accordance with County
Ordinance No. 3982 entitled "An Ordinance of the Ventura
County Board of Supervisors Requiring New Subdivision
Records to be Included in the County's Computer -Aided
Mapping System and Establishing Related Fees"
Fees In -Lieu of Park Dedication
12. Prior to approval of the Final Map, the subdivider shall
pay fees in accordance with Section 8297 -4 of the City's
Subdivision Ordinance (Parks and Recreation Facilities),
except that the fees for the 15 affordable units shall not
exceed $3,000 per unit payable prior to Final Inspection as
approved under City Council waiver on December 16, 1998 (CC
resolution No. 98- 1557).
Citywide Traffic Mitigation Fee
13. Prior to recordation of the Final Map, the applicant shall
pay a Citywide Traffic Mitigation Fee of $3,000 for each of
the residential units, except that the fees for the 15
affordable units shall be paid not later than prior to
Final Inspection of each affordable unit as provided for in
the DDA approved by the City Council on December 16, 1998.
CC &R and Landscaping Easement Requirement
14. Covenants, Conditions, and Restrictions (CC &R's)
establishing a Homeowners' Association for the proposed
subdivision shall be prepared and shall identify the
maintenance responsibilities of the Homeowners' Association
including, but not limited to; all walls and landscaping
adjacent to Poindexter Avenue, adjacent to the public
street ( "A" Street) separating this parcel from Poindexter
Park, separating the project from commercial development to
the south and adjacent to the residential properties
located to the west of the proposed development. In
addition, the applicant shall provide all landscaping
easements across private property as determined by the City
for the purpose of providing such maintenance.
The CC &R's shall address the maintenance of all walls and
landscaped areas required by the City to be maintained.
Should the Homeowner's Association fail to maintain the
Maintenance Areas, or any portion thereof, in a
satisfactory manner, the Maintenance Areas, or portion
RESOLUTION NO. PC -1999 -368
Page No. 8
thereof, shall be annexed, at the City's option, to a City
Assessment District. The total cost of the maintenance
provided by the Assessment District shall be borne by the
lot owners within Tract 5161. Prior to approval of the
Final Map, an easement covering the Maintenance Areas shall
be irrevocably offered to the City for maintenance
purposes.
15. The CC &R's shall include all Tentative Map conditions of
approval which have been identified for inclusion in the
CC &R's, and shall be submitted to the Director of Community
Development and City Attorney for review and approval prior
to Final Map approval by the City Council. Tentative Map
conditions of approval shall be highlighted in the copies
of the CC &R's submitted for City review. Prior to sale of
any lots, the CC &R's shall be approved by the State
Department of Real Estate and then recorded.
16. The applicant shall be required to pay all costs associated
with City Attorney review of the project CC &R's prior to
final map approval.
17. The Homeowners' Association may modify the CC &R's only to
the extent that they do not conflict with the terms of
approval of the Tentative Map. Further, the Homeowners'
Association shall enforce the CC &R's.
18. The CC &R's shall include a requirement that any future
residential units constructed or modifications to existing
units in the subdivision shall comply with Chapter 2 -53 of
Part 2 and Chapter 4 -10 of Part 4, of Title 24 of the
California Administrative Code.
19. The CC &R's shall include a requirement-that ultra -low water
consumption plumbing fixtures shall be installed consistent
with City Ordinance No. 132. The CC &R's shall also include
a requirement for the following energy saving devices or
construction features:
a. Stoves, ovens, and ranges, when gas fueled, shall not
have continuous burning pilot lights.
b. All thermostats connected to the main space heating
source shall have night setback features.
C. Kitchen ventilation system shall have automatic
dampers to ensure closure when not in use.
RESOLUTION NO. PC -1999 -368
Page No. 9
d. For attenuation of interior noise levels of the homes
built on Lots 1 -7 abutting Poindexter Avenue, all
window openings facing the railroad tracks on the
second story of two story dwellings shall be equipped
with acoustical windows rated at STC -30 or better and
shall be installed consistent with manufacturer
directions and to the satisfaction of the Director of
Community Development. Additionally, an appropriately
sized forced ventilation system shall be installed and
fresh air or discharge openings for such a system
shall be located on the side of the dwelling opposite
the railroad tracks.
20. A fencing, perimeter, gate, and privacy barrier wall plan
(complete with related landscaping details) identifying the
materials to be used and proposed wall heights and
locations shall be submitted to and approved by the
Director of Community Development. The approved fencing and
barrier wall plan shall be incorporated into the CC &R's.
All fencing and barrier walls along lot boundaries shall be
in place prior to occupancy. Where applicable prior to
approval of the final wall and fence plan, the Director of
Community Development shall approve the connection of the
west property line wall with existing fences and or walls
on the adjacent residential lots.
21. The CC &R's shall include language to insure that no sheet
flow of drainage occurs between lots located within or
adjacent to the project.
22. The CC &R's shall include language prohibiting use of
roofing material made of wood or asphalt shingles and
requiring tile roofs as determined by the City as roofing
materials for residential structures.
23. All units shall comply with all pertinent Title 24 and
Uniform Building Code conditions regarding handicapped
access and facilities.
24. CC &Rs shall include language that discourages excessive
noise generating activities in garages consistent with
adopted community noise standards. Garages shall remain
permanently available for the purpose of automobile
parking.
25. The CC &R's shall require the Homeowner's Association to
remove any graffiti within five (5) days from written
notification by the City of Moorpark. All such graffiti
RESOLUTION NO. PC -1999 -368
Page No. 10
remova_1 shall be accomplished to the satisfaction of the
City.
26. The CC &R's shall disclose the
located to the east of the
located to the north and the
lot located to south of th
disclosed in the white report
potential buyers.
existence of Poindexter Park
proposed site, the railroad
commercial center and parking
e site. This should also be
and by separate disclosure to
CITY ENGINEER CONDITIONS
PRIOR TO THE ISSUANCE OF A GRADING PERMIT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
(;Pn A rA 1
27. The Developer shall demonstrate legal access to the parcel
to the satisfaction of the City Engineer.
Grading
28. The Developer shall submit to the City of Moorpark for
review and approval, a rough grading plan, consistent with
the approved Tentative Map, prepared by a Registered Civil
Engineer. The Developer shall enter into an agreement with
the City of Moorpark to complete the improvements and shall
post sufficient surety guaranteeing the completion.
29. Upon approval of the Final Map, requests for rough grading
permits will be granted in accordance with the approved
Tentative Map, as required of these conditions and local
ordinance.
30. Concurrent with submittal of the rough grading plan an
erosion control plan shall be submitted to the City for
review and approval by the City Engineer. The design shall
include measures for 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.
31. This project is projected to balance cut and fill onsite.
Unanticipated off -site import /export operations requiring
an excess of 100 total truck loads shall require City
Council approval prior to the commencement of hauling or
RESOLUTION NO. PC- 1999 -368
Page No. 11
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.
32. All requests for staged grading must be submitted in
writing to the City Engineer for review and approval by the
City Council.
33. Temporary irrigation, hydroseeding and erosion control
measures shall be implemented on all temporary grading.
Temporary grading is defined to be any grading partially
completed and any disturbance of existing natural
conditions due to construction activity. These measures
will apply to 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.
34. 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.
35. 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.
36. The development area shall be designed so that surface
drainage is collected by a storm drain system prior to
leaving area.
37. 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.
RESOLUTION NO. PC -1999 -368
Page No. 12
Geotechnica -l/Geology Review
38. 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, is required. The Developer
shall reimburse the City for all costs including the City's
administrative fee for this review.
39. 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
40. 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 completion.
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:
RESOLUTION NO. PC- 1999 -368
Page No. 13
b. A11 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;
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.
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.
RESOLUTION NO. PC- 1999 -368
Page No. 14
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.
41. The applicant shall demonstrate that surface drainage from
the site shall not drain over sidewalks, except at
driveways.
42. 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;
C. Hydrology calculations shall be per current Ventura
County Standards.
43. All structures proposed within the 100 -year flood zone
shall be elevated at least one foot above the 100 -year
flood level.
RESOLUTION NO. PC- 1999 -368
Page No. 15
44. 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)
45. 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 Storm Water
Pollution Control Plan ( SWPCP), on the form provided by the
City for the review and approval of the City Engineer.
a. The SWPCP shall be developed and implemented in
accordance with requirements of the Ventura Countywide
Storm Water Quality Management Program, NPDES Permit
No. CAS063339.
b. The SWPCP shall identify potential pollutant sources
that may affect the quality of discharges to storm
water and shall include the design and placement of
recommended. Best Management Practices (BMPs) to
effectively prohibit the entry of pollutants from the
construction site into the storm drain system during
construction.
C. Improvement plans shall note that the contractor shall
comply to the "California Storm Water Best Management
Practice Handbooks"
d. 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 this General Permit including
preparation of a Storm Water Pollution Prevention Plan
(SWPCP).
RESOLUTION NO. PC- 1999 -368
Page No. 16
e. The Developer shall obtain a permit from the State
Water Resources Control Board for "All storm water
discharges associated with a construction activity
where clearing, grading, and excavation results in
land disturbances of five or more acres." The
Developer shall submit a Notice of Intent (NOI) to the
City Engineers office as proof of permit application.
f. The Developer shall also comply with NPDES objectives
as outlined in the "Storm Water 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.
46. Development shall be undertaken in accordance with
conditions and requirements of the Ventura Countywide Storm
Water Quality Management Program, NPDES Permit No.
CAS063339.
47. 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
48. 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 shall not be accepted by the City for
maintenance until completion, unless otherwise determined
by the City Engineer. Parkway landscaping and perimeter
walls shall be maintained by the Homeowners' Association.
"A" Street, "B ", "C", "D", "E ", and "F" Drive
49. Publicly dedicated streets shall conform to the design
requirements of the Ventura County Road Standards (most
recent revision), except for the modification to the
knuckle and sidewalk standards approved by the City Council
on December 16, 1998, or as modified per City Resolution.
a. The landscaped parkway (approximately five (5) feet
wide) shall separate the curb from the sidewalk on
Poindexter Avenue with a five (5) foot wide sidewalk
at the rear line of this landscaped area. Additional
landscaping shall be placed between the sidewalk and
the project perimeter wall.
RESOLUTION NO. PC -1999 -368
Page No. 17
50. 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.
51. The Developer 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 right -of -way. Said slope easements shall
include the area covered by the cut slope plus 5 feet and
fill slope plus 5 feet.
52. 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.
53. 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 four (4) foot
clear sidewalk width must be provided around the
obstruction.
54. Additional surety shall be provided for resurfacing and/or
repair of the full width portion of Poindexter 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
55. 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.
RESOLUTION NO. PC -1999 -368
Page No. 18
2372 ar 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.
56. 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) .
57. All existing and proposed utilities shall be undergrounded
as approved by the City Engineer.
58. 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.
59. 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.
60. Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the Developer at
his expense.
61. 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
Government 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
RESOLUTION NO. PC- 1999 -368
Page No. 19
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.
62. 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 six (6) feet or more in height are to be
submitted to and approved by the Director of Community
Development.
63. The Final Map shall include appropriate wording and
drawings as necessary to dedicate vehicular access rights
along Poindexter Avenue and "A" Street to the City of
Moorpark and a covenant and deed restriction shall be
recorded prohibiting vehicular access to any side or rear
yards that abut the Mission Bell Plaza Shopping Center.
64. The Developer shall offer to dedicate to the City of
Moorpark, public use, all right -of -way easements for public
streets.
65. 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.
66. All new land divisions within the development shall agree
to pay lighting and landscaping assessments as determined
by all current or revised assessment schedules.
67. 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 Avenue (estimated cost of
improvement $165,000)
RESOLUTION NO. PC- 1999 -368
Page No. 20
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 Avenue (estimated cost of
improvement $120,000)
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.
PRIOR TO ISSUANCE OF THE FIRST BUILDING PERMIT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
68. The applicant shall have recorded Tract Map 5161.
DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY:
69. 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.
70. 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.
71. 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.
72. 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
RESOLUTION NO. PC -1999 -368
Page No. 21
of water trucks that will be available for dust
control at each phase of grading.
b. Cease all clearing, grading, earth moving, or
excavation operations during periods of high winds
(greater than 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.
e. Facemasks shall be used by all employees involved in
grading or excavation operations during dry periods to
reduce inhalation of dust that may contain the fungus
that 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. Implement acceptable measures as approved by the City
Engineer to prevent dirt or other debris from entering
public property, such as washing off heavy -duty
construction vehicles and cleaning tires.
73. 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.
RESOLUTION NO. PC- 1999 -368
Page No. 22
74. All diesel engines used in construction equipment shall use
reformulated diesel fuel.
75. 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.
76. 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.
77. Truck noise from hauling operations shall be minimized
through establishing hauling routes that avoid residential
areas and requiring that "Engine Exhaust 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.
78. The Developer shall ensure that construction equipment is
fitted with modern sound- reduction equipment.
79. Equipment not in use for more than ten minutes shall be
turned off.
80. 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.
81. 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.
RESOLUTION NO. PC- 1999 -368
Page No. 23
82. Equipment engines shall be maintained in good condition and
in proper tune as set forth in manufacturers
specifications.
83. Backfill of any pipe or conduit shall be in 4" fully
compacted layers unless otherwise specified by the City
Engineer.
84. 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.
85. Observe a 15 mile per hour speed limit for the construction
area.
86. During site preparation and construction, construct
temporary storm water diversion structures per City of
Moorpark standards.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR A BUILDING PERMIT
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
87. Prior to issuance of building permits for the 44 Market
Rate dwellings, the Developer shall pay to the City, the
Los Angeles Avenue Area of Contribution (AOC) Fee, which
shall be the dollar amount that was in effect at the time
of the execution of the DDA on December 16, 1998. The Los
Angeles Area of Contribution fees in effect on July 7,
1998, shall be paid for the remaining 15 Affordable units
not later than prior to Final Inspection as provided in the
DDA approved by the City Council on December 16, 1998.
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.
88. 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.
RESOLUTION NO. PC- 1999 -368
Page No. 24
PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
89. Construction of "A" Street, "B ", "C", "D ", "E ", and "F"
Drive and parkway improvements and /or repairs shall be
completed to the satisfaction of the City of Moorpark.
90. If directed by the City, the Developer shall have repaired,
overlayed or slurried that portion of Poindexter 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.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND REDUCTION
AND /OR EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
91. Reproducible centerline tie sheets shall be submitted to
the City Engineer's office.
92. 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.
93. 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.
94. 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 36 ", 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.
RESOLUTION NO. PC -1999 -368
Page No. 25
FIRE DEPARTMENT CONDITIONS
Access Road
95. Access roads shall be installed with an all weather
surface, suitable for access by Fire Department apparatus.
A minimum clear street width of 36 feet shall be provided
on B,C,D,E and F Street and a minimum of 40 feet curb to
curb shall be provided on "A" Street.
Maximum Grade
96. Access roads shall not exceed 15% grade.
Access Points
97. When only one (1) access point is provided, the maximum
length of such access shall not exceed 800 feet unless
otherwise approved by the Fire Department.
Two means of Ingress /Egress
98. Two (2) means of ingress /egress shall be provided to the
development in accordance with Fire District Guidelines,
unless otherwise approved by the Fire Department.
Certification of Access Road
99. The access road(s) driveway(s) 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 Division for review
and approval prior to map recordation.
Street Names
100. Prior to recordation of street names, proposed names shall
be submitted to the Fire District's Communications Center
165 Durley Avenue, Camarillo, for review and approval.
101. 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.
RESOLUTION NO. PC- 1999 -368
Page No. 26
Fire Hydrants
102. 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 500 feet
of the development. Proposed hydrant is not acceptable.
103. 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.
a. Each hydrant shall be a 6 inch wet barrel design and
shall have one 4 inch and one 2 1/2 inch outlet(s).
b. The required fire flow shall be achieved at no less
than 20 psi residual pressure.
C. Fire hydrants shall be spaced 500 feet on center and
so located that no structure will be farther than 250
feet from any one hydrant.
d. Fire hydrants shall be set back in from the curb face
24 inches on center.
W YG1 F'1 n1.7
104. A minimum fire flow of 1,000 gallons per minute at 20 psi
shall be provided at this location. The applicant shall
verify that the water purveyor can provide the required
volume at the project.
Address Numbers
105. Address numbers, a minimum of 4 inches high shall be
installed prior to occupancy, shall be of contrasting color
to the background, and shall be readily visible at night.
Where structures are set back more than 150 feet from the
street, larger numbers will be required so that they are
distinguishable from the street. In the event the
structure(s) is not visible from the street, the address
number(s) shall be posted adjacent to the driveway
entrance. Brass and /or gold letters or numbers shall not be
used.
106. A plan shall be submitted to the Fire District for review
and approval indicating method in which buildings are to be
identified by address numbers.
RESOLUTION NO. PC- 1999 -368
Page No. 27
Verification of Fire Flow
107. Prior to recordation, the applicant shall provide to the
Fire District verification from the water purveyor that the
purveyor can provide the required fire flow for the
project.
Grass and Brush Removal
108. 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
109. An approved spark arrestor shall be installed on the
chimney of any structure(s).
VCFD Form No. 126
110. 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.
WATERWORKS DISTRICT NO 1 CONDITIONS
111. 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.
112. Provide the District the following:
a. Water and sewer improvement plans.
b. Hydraulic analysis by a registered Civil Engineer to
determine the adequacy of the proposed and existing
water and sewer lines.
C. Copy of Ventura Fire District approval of fire hydrant
locations.
RESOLUTION NO. PC -1999 -368
Page No. 28
d. Copy of Release from Calleguas Municipal Water
District.
e. Cost estimate for water and sewer improvements.
f. Fee: Plan check fee, construction inspection fee,
capital improvement charge, sewer connection fee, and
water meter charges.
g. Copy of grading, street improvement and drainage
plans.
h. Tract Maps showing water and sewer easements dedicated
to the District.
i. Signed "Contract to Install" and surety bond(s).
APPROVAL OF RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 98 -7
SUBJECT TO COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Note: Prior to the issuance of a Building Permit, the applicant
shall have recorded Tract Map 5161. The conditions of approval
for the Tentative Tract Map shall apply to Residential Planned
Development Permit No. 98 -7.
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
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 Development Agreement (DDA)
2. Prior to issuance of a Zoning Clearance for construction,
the Director of Community Development shall verify that all
requirements in the Disposition and Development Agreement
(DDA) including but not limited to affordable housing have
been completed. Approval of the Residential Planned
RESOLUTION NO. PC -1999 -368
Page No. 29
Development Permit and Tentative Tract Map is conditioned
on compliance with all conditions and provisions of the DDA
as approved by the Moorpark Redevelopment Agency dated July
8, 1998, and attachments thereto including provisions for
affordable housing. If compliance with the Agreement is not
achieved, the City Council may initiate a Reversion to
Acreage or other procedure, and nullify the Residential
Planned Development Permit.
Use Inauguration
3. 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, or as stipulated
by the DDA, 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.
Modification to Permit
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 enactments shall, by
reference, become conditions of this permit.
RESOLUTION NO. PC- 1999 -368
Page No. 30
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.
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 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.
Effect of Conditions
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 instances where more than one set
of rules apply, the stricter ones shall take precedence.
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
RESOLUTION NO. PC- 1999 -368
Page No. 31
not felieve 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 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 undergrounded to the nearest off -site utility
pole. Prior to the issuance of an occupancy permit for the
last house in the tract, all existing utilities shall also
be undergrounded 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. All utility lines that must
connect across Los Angeles Avenue shall be placed
underground via an underground conduit.
Rain Gutters and Downspouts
14. Rain gutters and
of the structure
roof flow. Water
in non - corrosive
Engineer.
Roof Mounted Equipment
downspout shall be provided on all sides
for all units where there is a directional
shall be conveyed to the street or drives
devices as determined by the City
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.
Exterior Lighting
16. Exterior front yard lighting withi n
be limited to illumination of
identification. Excessively bright
door lighting shall be prohibited.
17. Deleted Intentionally
the development shall
entryways and address
and /or unshielded front
RESOLUTION NO. PC- 1999 -368
Page No. 32
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;
e. To ensure closure when not in use kitchen ventilation
systems shall have automatic dampers; and
f. Hot water solar panel stub -outs shall be provided.
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.
RESOLUTION NO. PC -1999 -368
Page No. 33
PRIOR TO ISSUANCE OF A GRADING PERMIT
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 FOLLOWING
CONDITIONS SHALL BE SATISFIED:
Citywide Traffic Mitigation Fee
22. Prior to the issuance of a Zoning Clearance for
construction for each unit, the applicant shall pay a
Citywide Traffic Mitigation Fee of $3,000 for each of the
residential units, except for the Affordable units which
shall be paid prior to Final Inspection.
Submittal of Landscape Plans
23. Prior to issuance of a Zoning Clearance for construction, a
complete landscape plan, together with specifications shall
be 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.
RESOLUTION NO. PC -1999 -368
Page No. 34
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.
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. Deleted intentionally
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.
RESOLUTION NO. PC -1999 -368
Page No. 35
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.
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.
RESOLUTION NO. PC- 1999 -368
Page No. 36
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 plans) and shall be screened with
landscaping and /or a wall.
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.
xi. The applicant shall install purple pipe in all
common areas for the purpose of using reclaimed
water when available.
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
RESOLUTION NO. PC- 1999 -368
Page No. 37
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 ".
Submittal of Construction Drawings
26. 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
27. The existing plans shall be revised by the applicant and
approved by the Director of Community Development. The
following revisions shall be made:
a. The windows on all building elevations shall be
provided with surrounds or . other architectural
features as approved by the Director of Community
Development.
b. All garage doors shall be of the roll -up sectional
type and have automatic garage door openers.
C. All roofs shall be clay or concrete tile, the style
and color of which shall be varied and consistent with
the coloration of the dwelling unit. The style and
color of the concrete tile roofs are subject to the
review and approval of the Director of Community
Development.
d. The project property line that separates the single
family residences to the west shall have 6 foot high
wall (as measured on the project side). The project
property line wall adjacent to the residences shall be
constructed prior to issuance of building permits for
dwelling construction. Interior and exterior walls
shall be made of slump block brown in color as
approved by the Community Development Director.
Property line walls between lots shall be slump block
or other decorative masonry six feet in height. CMU
(Concrete Masonry unit) walls are not permitted.
RESOLUTION NO. PC- 1999 -368
Page No. 38
e. Pzior to issuance of permits for dwelling
construction, an eight foot wall to be located along
the southerly portion of the property shall be
constructed. The location of the wall shall be
approved by the Director of Community Development.
The design of the wall shall be the same height and
design of the existing wall located along the western
property line of CPD 89 -1 adjacent to the existing
residences. This wall shall be constructed prior to
issuance of building permits for construction.
f. Prior to issuance of permits for dwelling
construction, the proposed property line wall along
the east property line portion of the project shall be
constructed. The location of the wall shall be
approved by the Director of Community Development.
g. Second -Story windows on side property lines shall be
off -set on abutting units to enhance privacy.
h. Gates to side yards visible from the street shall be
constructed of wood, the color of which shall be
consistent with the coloration of the dwelling unit
and subject to the review and approval of the Director
of Community Development.
i. Property line walls between lots are to be constructed
of decorative masonry, minimum six (6) feet in height.
j. The Cottage architectural style shall be enhanced with
more detail including a variety of building materials,
variation in elevations and variety of garage door
designs.
Outstanding Case Processing Fees
28. 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.
Performance Bond
29. No Zoning Clearance may be issued for construction until
all on -site improvements specified in this permit have been
RESOLUTION NO. PC- 1999 -368
Page No. 39
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
30. 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.
31. 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
32. Individual garages shall maintain minimum inside dimensions
of 20 feet in length and 20 feet in width with a minimum
interior height of 8 feet.
Adjacent Property Walls and Fences
33. All property line garden walls or wrought iron fences shall
be no further than one inch from the property line.
RESOLUTION NO. PC -1999 -368
Page No. 40
Provision for Image Conversion of Plans into Optical Format
34. 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.
Cable Service
35. 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
36. All exterior building materials and paint colors shall be
those approved by the Redevelopment Agency.
Asbestos
37. No asbestos pipe or construction materials shall be used.
Public Nuisance
38. 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.
39. Left blank intentionally.
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
Will Serve Letter
40. An "Unconditional Will Serve Letter" for water and sewer
service shall be obtained from the Ventura County
Waterworks District No. 1.
RESOLUTION NO. PC- 1999 -368
Page No. 41
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
Completion of Common and Front Yard Landscaping
41. The applicant shall install front yard landscaping as
approved on the landscape plans. Front yard and common
landscaping shall be completed for each lot prior to it's
occupancy.
Acceotance of On -Site Improvements
42. 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.
43. All related perimeter and garden walls shall be constructed
prior to the issuance of a zoning clearance for occupancy.
BUILDING AND SAFETY REQUIREMENT
44. All second story windows facing the railroad tracks for
residences on Lots 1 -7 are required to have ratings of STC
30 or higher. Additionally, an appropriately sized forced
ventilation system shall be installed and fresh air or
discharge openings for such a system shall be located on
the side of the dwelling opposite the railroad tracks.
RESOLUTION NO. PC -1999 -368
Page No. 42
CITY ENGINEER CONDITIONS
PRIOR TO ISSUANCE OF THE FIRST BUILDING PERMIT FOR CONSTRUCTION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
45. The applicant shall have recorded Tract Map 5161. The
Conditions of Approval for Tentative Tract Map shall apply
to Residential Planned Development Permit No. 98 -7.
MOORPARK POLICE DEPARTMENT CONDITIONS
The following represents the crime prevention evaluation for
this proposed project.
Construction Site Security Provisions
46. All new construction, shall comply with the following
security measures until the utilities have been released by
the City:
a. 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
• minimum light output of 2000 lumens, be protected by
• vandalism resistant cover, and be lighted 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 if determined to be
necessary.
b. In addition to perimeter lighting described in
Subsection A of this section, one of the following
shall be used:
i. Fencing, not less than six feet in height, which
is designed to preclude human intrusion, shall be
installed along the perimeter boundaries of the
construction site; or
ii. A uniformed security guard, licensed according to
Business and Professions Code, Chapter 11, shall
be utilized to continually patrol the
construction site during the hours when
construction work has ceased.
RESOLUTION NO. PC -1999 -368
Page No. 43
iii. Construction equipment, tools and materials will
be properly secured to prevent theft during non-
working hours.
iv. All computers and appliances (microwave ovens,
dishwashers, trash compactors, etc.) Will be
properly secured to prevent theft prior to
installation during non- working hours. All
serial numbers will be recorded for
identification purposes.
V. 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.
Landscaping
47. Landscaping shall not cover any exterior door or window.
48. Landscaping at entrances /exits or at any intersection will
not block or screen the view of a seated driver from
another moving vehicle or pedestrian.
49. Landscaping (trees) will not be placed directly under any
overhead lighting which could cause a loss of light at
ground level.
P'Ane- =c:
50. Fences or fencing gates on side yards which are visible
from the front should be constructed of wrought iron spaced
at 4" on center. This will allow for detection of intruders
by neighbors.
Security Requirements
Door Jambs, Strikes and Hinges
51. 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:
a. 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.
RESOLUTION NO. PC- 1999 -368
Page No. 44
b. I-n wood framing, horizontal blocking shall be placed
between studs at door lock height for three (3) stud
spaces each side of the door openings.
C. 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.
d. 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 screws, which must penetrate
at least two (2) inches into solid backing beyond the
surface to which the strike is attached.
e. Hinges for out - swinging doors shall be equipped with
non - removable hinge pins or a mechanical interlock to
preclude removal of the door from the exterior by
removing the hinge pins.
Garage -type Doors
52. 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.
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
and panels in residential structures shall have a
density not less than 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.
RESOLUTION NO. PC- 1999 -368
Page No. 45
e. Doors that exceed 16 feet in width, but do not exceed
19 feet in width, shall have the following options as
to locking devices:
i. 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;
1} 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;
2) Torsion spring counter balance type hardware
may be used if such hardware substantially
complies with the requirements of this
chapter.
f. Doors with slide bolt assemblies shall have frames
with a minimum of .120 inches in thickness, with a
minimum bolt diameter of one -half inch and protrude at
least 1/2 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.
Special Building Provisions - Residential
53. 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:
a. 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.
b. 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 embedment of at least 3/4 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 to the inner portion
of the lock by connecting screws of at least 1/4 inch
in diameter. A dual locking mechanism constructed so
RESOLUTION NO. PC -1999 -368
Page No. 46
that both dead bolt 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.
i. 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.
ii. Door stops 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.
iii. 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
iv. 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.
C. 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
Irame .
d. Glazing in exterior doors or within 12 inches of any
locking mechanism shall be of fully tempered glass or
rated burglary resistant glazing.
e. 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.
54. Street numbers and other identifying data shall be
displayed as follows:
RESOLUTION NO. PC- 1999 -368
Page No. 47
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.
WATERWORKS DISTRICT NO 1 CONDITIONS
55. 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.
56. Provide the District the following:
a. Water and sewer improvement plans.
b. Hydraulic analysis by a registered Civil Engineer to
determine the adequacy of the proposed and existing
water and sewer lines.
C. Copy of Ventura Fire District approval of fire hydrant
locations.
d. Copy of Release from Calleguas Municipal Water
District.
e. Cost estimate for water and sewer improvements.
f. Fee: Plan check
capital improvement
water meter charges.
g. Copy of grading,
plans.
fee, construction inspection fee,
charge, sewer connection fee, and
street improvement and drainage
h. Tract Maps showing water and sewer easements dedicated
to the District.
i. Signed "Contract to Install" and surety bond(s).
RESOLUTION NO. PC- 1999 -368
Page No. 48
FIRE DEPARTMENT CONDITION
57. The Conditions of Approval for Tentative Tract Map No. 5156
shall apply to Residential Planned Development Permit No.
98 -7.
AIR POLLUTION CONTROL DISTRICT CONDITIONS
58. All clearing, grading, earth moving, or excavation
activities shall cease during periods of high winds (i.e.,
greater than 15 miles per hour averaged over one hour) to
prevent excessive amounts of fugitive dust.
59. 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.
60. All unpaved on -site roads shall be periodically watered or
treated with environmentally safe dust suppressants to
prevent excessive amounts of dust.
61. The area disturbed by clearing, grading, earth moving, or
excavation operations shall be minimized to prevent
excessive amounts of fugitive dust.
62. All active portions of the site shall be either
periodically watered or treated with environmentally safe
dust suppressants to prevent excessive amounts of dust.
63. On -site vehicle speeds shall not exceed 15 miles per hour.
64. Equipment engines shall be maintained in good condition and
in proper tune as per manufacturers specifications.
MOORPARK UNIFIED SCHOOL DISTRICT CONDITION
65. Prior to the issuance of Building Permits for construction,
the applicant shall pay applicable school fees.
RESOLUTION NO. PC -1999 -368
Page No. 49
MITIGATION /MONITORING PROGRAM
TENTATIVE TRACT MAP NO. 5161
RESIDENTIAL PLANNED DEVELOPMENT 98 -7
Geotechnical Mitigation and Monitoring
Mitigations
1. The applicant shall submit to the City of Moorpark for
review and approval, a rough grading plan, consistent with
the approved tentative map, prepared by a Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete the improvements; and shall post
sufficient surety guaranteeing completion.
2. Concurrent with submittal of the rough grading plan an
erosion control plan shall be submitted to the City for
review and approval by the City Engineer. Along with these
erosion control measures, hydroseeding and temporary
irrigation shall be provided on all graded slopes within 30
days of completion of grading on those slopes.
3. The applicant shall submit to the City of Moorpark for
review and approval, detailed Soils and Geology Reports
certified by a Registered Civil Engineer in the State of
California. The geotechnical report shall include an
investigation with regard to liquefaction, expansive soils,
and seismic safety. In addition, the soils report shall
discuss the contents of the soils as to the presence or
absence of any hazardous waste or other contaminants in the
soils.
4. All recommendations included in the geotechnical and
geology reports shall be implemented during project design,
grading, and construction.
Monitoring
Prior to issuance of Permits, the City Engineer will review and
approve plans which incorporate measures which adequately reduce
geotechnical concerns. Inspections will be made at various
stages of the building process to ensure building codes and
engineering conditions have been satisfactorily addressed.
RESOLUTION NO. PC- 1999 -368
Page No. 50
Water Mitigation and Monitoring
Mitigation
Storm Water Runoff and Flood Control Planning
1. The Subdivider /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.
2. The plans shall depict all on -site and off -site drainage
structures required by the City.
3. The drainage plans and calculations shall demonstrate that
the following conditions will be satisfied before and after
development.
4. 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:
5. All storm drains shall carry a 50 -year frequency storm;
6. All catch basins shall carry a 50 -year storm;
7. 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;
8. All culverts shall carry a 100 -year frequency storm;
9. Drainage facilities shall be provided such that surface
flows are intercepted and contained in an underground storm
drain prior to entering collector or secondary roadways;
10. Under a 50 -year frequency storm, local, residential and
private streets shall have one dry travel lane available on
interior residential streets. Collector street shall have a
minimum of one dry travel lane in each direction.
RESOLUTION NO. PC -1999 -368
Page No. 51
11. Drainage to adjacent
concentrated by this
necessary to mitigate
by the Developer;
parcels shall not
development. All
storm water flows
be increased or
drainage measures
shall be provided
12. All drainage grates shall be designed and constructed with
provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer;
13. 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.
14. 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
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 owner unless otherwise approved by the
City Council.
15. 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.
16. 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.
17. The Subdivider /Developer shall demonstrate for each
building pad within the Tentative Map area that the
following restrictions and protections can be put in place
to the satisfaction of the City Engineer:
18. Adequate protection from a 100 -year frequency storm
19. Feasible access during a 50 -year frequency storm.
20. Hydrology calculations shall be per current Ventura County
Standards.
RESOLUTION NO. PC -1999 -368
Page No. 52
21. The Subdivider /Developer shall demonstrate that, upon
occurrence of the failure of the storm drain system at the
intersection of West Street and South Street, the storm
overflow will pass to Arroyo Simi without flooding adjacent
housing.
National Pollutant Discharge Elimination System (NPDES)
1'. 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 Storm Water
Pollution Control Plan (SWPCP), on the form provided by the
City for the review and approval of the City Engineer.
2. The SWPCP shall be developed and implemented in accordance
with requirements of the Ventura Countywide Storm Water
Quality Management Program, NPDES Permit No. CAS063339.
3. The SWPCP shall identify potential pollutant sources that
may affect the quality of discharges to storm water and
shall include the design and placement of recommended.
Best Management Practices (BMPs) to effectively prohibit
the entry of pollutants from the construction site into the
storm drain system during construction.
4. 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 this General Permit including preparation
of a Storm Water Pollution Prevention Plan ( SWPCP)
5. 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.
6. Improvement plans shall note that the contractor shall
comply to the "California Storm Water Best Management
Practice Handbooks"
RESOLUTION NO. PC -1999 -368
Page No. 53
7. The Subdivider /Developer shall also comply with NPDES
objectives as outlined in the "Storm Water 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.
8. Development shall be undertaken in accordance with
conditions and requirements of the Ventura Countrywide
Storm Water Quality Management Program, NPDES Permit No.
CAS063339.
9. The project construction plans shall incorporate Best
Management Practices (BMPs) applicable to the development
for the review and approval of the City Engineer.
10. All on -site storm drain inlets, whether newly constructed
or existing, shall be labeled "Don't Dump - Drains to
Arroyo ".
11. Landscaped areas shall be designed with efficient
irrigation to reduce runoff and promote surface filtration
and minimize the use of fertilizers and pesticides which
can contribute to urban runoff pollution.
12. Parking and associated drive areas with 5 or more spaces
shall be designed to minimize degradation of storm water
quality. Best Management Practices, such as oil /water
separators, sand filters, landscaped areas for
infiltration, basins or approved equals, shall be installed
to intercept and effectively prohibit pollutants from
discharging to the storm drain system. The design must be
submitted to the City Engineer for review and approval
prior to the issuance of a building permit.
13. City Ordinance No. 100 and the Federal Emergency Management
Agency (FEMA), require updating of the National Flood
Insurance Program maps for affected areas whenever any
alteration of the watercourse is made. All materials
required by FEMA for a map revision shall be provided to
the City Engineer's office. This material will demonstrate
the revised flood plain locations following development.
This information will be forwarded by the City Engineer to
the FEMA for review and updating of the National Flood
Insurance Program maps. If updates to the flood zone have
been made a conditional letter of map revision shall be
provided to the City prior to issuance of a zone clearance
for occupancy of the first residential unit. The Developer
RESOLUTION NO. PC -1999 -368
Page No. 54
will be responsible for all costs charged by the FEMA and
the City's administrative costs.
14. All structures proposed within the 100 -year flood zone
shall be elevated at least one foot above the 100 -year
flood level.
15. 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
conceptually 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.
Monitoring
All plans will be reviewed and approved by the City Engineer
prior to issuance of building permits for construction. Periodic
inspections will be made during construction to insure
compliance with required conditions and City standards.
Street Improvements Mitigation
STREET IMPROVEMENT REQUIREMENTS:
16. 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 shall not be accepted by the City for
maintenance until completion, unless otherwise determined
by the City Engineer. Parking and wall maintenance shall be
carried out by the Homeowners' Association.
"A" Street, "B ", "C", "D ", "E ", and "F" Drive
17. Publicly dedicated streets shall conform to the design
requirements of the Ventura County Road Standards (most
recent revision), or as modified per City Resolution.
18. 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.
RESOLUTION NO. PC -1999 -368
Page No. 55
The Developer shall dedicate any additional right -of -way
necessary to make all of the required improvements.
19. Prior to the issuance of a Zoning Clearance for
construction for each unit, the applicant shall pay a
Citywide Traffic Mitigation Fee of $3,000 for each of the
residential units, except for the Affordable units which
shall be paid prior to Final Inspection.
20. 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 Avenue (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 Avenue (estimated cost of
improvement $120,000)
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.
Monitoring
The City Engineer will review and approve all plans prior to
issuance of building permits. Periodic inspections will be made
at various stages during the building process to ensure that
required conditions and requirements have been satisfied.
SECTION 6. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be
filed in the book of original Resolutions.
RESOLUTION NO. PC- 1999 -368
Page No. 56
The action of the foregoing direction was approved by the following
roll call vote:
AYES: Commissioners Otto, Landis, Parvin and Haller and
Chair DiCecco
NOES:
PASSED, APPROVED, AND ADOPTED 7
ATTEST:
B rry . Hog
C mm tl ty D el pment Director