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HomeMy WebLinkAboutRES 1999 378 0809RESOLUTION NO. PC- 1999 -378 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO 5181 TO CREATE EIGHT (8) RESIDENTIAL LOTS AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 99 -1 FOR APPROVAL TO CONSTRUCT EIGHT (8) SINGLE FAMILY DETACHED HOMES ON 1.2 ACRES OF LAND LOCATED BETWEEN BARD AND MILLARD STREETS AND SOUTH OF SECOND STREET ON THE APPLICATION OF MANNY ASADURIAN JR. (APN NO. 512 -0- 131 -070). WHEREAS, at duly noticed public hearings on July 12 and August 9, 1999, the Planning Commission considered the application filed by Manny Asadurian Jr. for approval of the following: Residential Planned Development Permit (RPD) No. 99 -1 - for approval to construct eight (8) single family dwellings (1,591 and 1,889 sq. ft.). Tentative Tract Map No. 5181 - for a subdivision of approximately 1.2 acres into 8 residential lots with a minimum lot size of 6,030 square feet. WHEREAS, at its meeting of July 12, 1999, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, continued the matter to August 9, 1999, public hearing open, and on August 9, 1999, closed the public hearing; and WHEREAS, pursuant to California State law, an evaluation has been conducted to determine if the proposed project will have a significant effect on the environment, and based upon an Initial Study and analysis of available information and it was found that there is substantial evidence that the potential effects of the proposed project on the environment will not have a significant effect on the environment; therefore a Negative Declaration is intended to be adopted in compliance with the State of California Environmental Quality Act Guidelines; and WHEREAS, the Planning Commission, after review and consideration of the information contained in the Planning S: \Community Development \ADMIN \COMMISSION \Pending Prior Year PC Resos \Final Draft \1999 - 378.doc RESOLUTION 1999 -378 Page No. 2 Commission staff report, 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. Findings 1. That the Negative Declaration /Initial Study for the project is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA), and CEQA Guidelines, and City policy. 2. The contents in the Negative Declaration /Initial Study have been considered in the various decisions on 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, 664741, 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. RESOLUTION 1999 -378 Page No. 3 6. The design of improvements are health problems. the subdivision and the type of not likely to cause serious public 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. 8. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. 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 will not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4. The proposed project will 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. RESOLUTION 1999 -378 Page No. 4 SECTION 2. The Planning Commission does hereby find that the aforementioned projects will be consistent with the City's General Plan. SECTION 3. The Conditions of Approval for Tentative Tract Map No. 5181 shall apply to Residential Planned Development Permit No. 99 -1 and vice - versa. SECTION 4. That the Planning Commission hereby recommends approval of Tentative Tract Map No. 5181 and Residential Planned Development No. 99 -1 to the City Council subject to compliance with Condition of Approval in Exhibit "A ", attached hereto and incorporated herein by reference. The action of the foregoing direction was approved by the following roll call vote: AYES: Commissioners Haller, Landis, Otto and Parvin and Chair Otto NOES: None PASSED, APPROVED AND ADOPTED THIS 9th DAY OF August, 1999. ATTEST: V orry Hoga mm ity De opment Director RESOLUTION NO. PC -1999 -378 Page No. 5 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5181 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. The conditions of approval of this tract map shall also apply to Residential Planned Development Permit No. 99 -1. 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 map. Image Conversion 4. Prior to recordation, the builder shall provide to the City an image conversion of plans (as determined by the Department of Community Development) 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, EXHIBIT "A" RESOLUTION NO. PC -1999 -378 Page No. 6 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. 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 comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. RESOLUTION NO. PC- 1999 -378 Page No. 7 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 for Utilities 10. Prior to approval of a final map, the subdivider shall post sufficient surety to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. Prior to the issuance of an occupancy permit for the last house in the tract, all existing utilities shall also be underground to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all aboveground power poles on the project site as well as those along the frontage roads of the site. 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" RESOLUTION NO. PC -1999 -378 Page No. 8 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). Citywide Traffic Mitigation Fee 13. As a condition of the issuance of a building permit for each residential unit, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee ") . The Citywide Traffic Fee may be expended by the City in its sole and unfettered discretion. On the effective date of approval of the subdivision map, the amount of the Citywide Traffic Fee shall be $3,000 per dwelling unit. Commencing January 1, 2000, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. Landscaping Plan 14. Prior to issuance of a Zoning Clearance for construction, a complete landscape plan for front yard and parkway areas only 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. RESOLUTION NO. PC- 1999 -378 Page No. 9 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. Unless otherwise specified in these project conditions, the plans shall be prepared in substantial conformance with the approved conceptual plans for the project. f. The applicant shall bear the full cost of landscape plan reviews, installation and inspections as deemed necessary by the Director of Community Development. g. 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. h. The following notes shall be included on the plans and shall be project conditions: 1) All plant material shall conform to the current issue of the American Standard for Nursery Stock published by the American Association of Nurserymen. 2) 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. 3) Prior to final inspection by the City of Moorpark, the applicant shall provide a written certification for the operation of the backflow device. i. The planting plan shall indicate the proposed locations of light standards. The lighting and tree locations shall be designed to avoid conflicts. RESOLUTION NO. PC- 1999 -378 Page No. 10 j. All backflow preventers, transformers, and other above -grade utilities shall be appropriately screened with walls and /or plantings. k. The planting and irrigation design shall comply with the State of California Model Water Efficient Landscape Ordinance. 1. 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. M. Subsequent to occupancy, the landscaping shall be maintained in accordance with the approved Maintenance Plan. n. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: 1) All plant species utilized shall not exceed the Irrigation Water Allowance, as discussed in the State Model Water Efficient Landscape Ordinance. 2) Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. 3) Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. 4) A coordinated tree - planting program shall be developed which will provide a dominant theme tree within the components of the proposed development. 5) 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. RESOLUTION NO. PC- 1999 -378 Page No. 11 6) Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. Outstanding Case Processing Fees 15. The applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to approval of the Final Map. The applicant, permittee, or successors in interest, shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of the Tentative Map. Affordable Units and Affordable Housing Agreement 16. Low Income Housing: a. The developer shall on this project site provide one (1) three bedroom unit of not less than 1,350 square feet in size, to be sold to buyers who meet the criteria for Low Income households established by the United States Department of Housing and Urban Development for the county of Ventura (80% of Median Income) . b. The initial sales price, buyer eligibility, resale restrictions, respective role of the City and the developer, and any other item determined necessary by the City shall be set forth in written form through the Affordable Housing Implementation and Resale Restriction Plan, which shall be approved by the City Council prior to approval of the final Tract Map for this project. C. The developer and City shall, prior to the occupancy of the first residential unit for the project, execute an Affordable Housing Agreement that incorporates the Plan in total and is consistent with this Agreement. Preparation Fee The developer shall pay to City the amount of one thousand dollars ($1,000.00) for the City's cost to prepare the Affordable Housing Plan and Agreement required pursuant to this condition. RESOLUTION NO. PC- 1999 -378 Page No. 12 CITY ENGINEER CONDITIONS PRIOR TO FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: General: 17. The Developer shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. Grading 18. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. 19. 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. 20. This project is projected to balance cut and fill onsite. Unanticipated off -site import /export operations requiring an excess of 100 total truck loads (2,000 cubic yards maximum) shall require Council approval prior to the commencement of hauling or staged grading operations. A haul route is to be submitted to the City Engineer for review and approval. Additional surety for the cleaning and /or repair of the streets may be required as directed by the City Engineer. 21. All requests for staged grading must be submitted in writing to the City Engineer for review and approval by the City Council. 22. 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 RESOLUTION NO. PC- 1999 -378 Page No. 13 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. 23. 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 soil engineer and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. 24. 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. 25. All development areas and lots shall be designed so that surface drainage is collected by the on -site storm drain system prior to connecting to an appropriate existing flood control channel. Geotechnical /Geology Review 26. 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. Also, 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. 27. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soil engineer's recommendations. Prior to the commencement of grading plan RESOLUTION NO. PC- 1999 -378 Page No. 14 check, the Developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soil report(s). Storm Water Runoff and Flood Control Plannin 28. The Developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All storm drains shall carry a 10 -year frequency storm; C. All catch basins shall carry a 10 -year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; 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; RESOLUTION NO. PC -1999 -378 Page No. 15 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. 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. The hydrology study shall determine the development's pro -rata share of the cost to construct Fremont Drain RESOLUTION NO. PC -1999 -378 Page No. 16 (total cost estimate $428,000) based on City of Moorpark Master Plan of Drainage (April 1995) . The cost estimate shall be adjusted based on the latest Quarterly State Highway Bid Price Index Chart from Engineering News - Record, The Construction Weekly Magazine. 29. The applicant shall demonstrate that surface drainage from the site shall not drain over the sidewalk or driveways. 30. 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; b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. 31. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 32. 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 Discharqe Elimination Svstem ( NPDES) 33. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Stormwater Pollution Control Plan (SWPCP) , on the form provided by the City for the review and approval of the City Engineer. a. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. RESOLUTION NO. PC- 1999 -378 Page No. 17 b. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to stormwater and shall include the design and placement of recommended Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. 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 Stormwater Pollution Prevention Plan (SWPPP ) 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 "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. 34. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 35. The project construction plans shall note and incorporate that the contractor shall comply to the "California Storm RESOLUTION NO. PC- 1999 -378 Page No. 18 Water Best Management Practice Handbooks" - Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. Street Improvement Requirements: 36. 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 shall not be accepted by the City for maintenance until completion, unless otherwise determined by the City Engineer and Director of Community Development. 37. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision). 38. The street improvements and street improvement plans shall include streetlights, signing, striping, interim striping and traffic control, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development, including the relocation of the driveway at the end of Second Street on Lot 6 from the right side to a point near the northerly property line. Parking shall be prohibited throughout the existing curve radius at the intersection of Bard Street and Third Street. The plans shall provide for removal and replacement of all damaged sections of curb, gutter, and sidewalk on Bard Street and its intersection with Third Street and on Millard Street. 39. Streetlights shall be provided on Millard Street and on Bard Street per Ventura County Standards and as approved by the City Engineer' Existing and required streetlights immediately adjacent to the project shall be installed on marblelite poles per City standards. 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. 40. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within the right -of -way landscaping RESOLUTION NO. PC- 1999 -378 Page No. 19 areas whenever possible. When above ground obstructions are to be placed within the sidewalk, a minimum five (5) foot clear sidewalk width must be provided around the obstruction.. 41. Additional surety shall be provided for resurfacing and /or repair of the full width portion of Bard Street, Millard Street and Third Street 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 streets before occupancy of the buildings. Surety will be returned upon the City Engineer accepting the condition of the street. Other: 42. The Developer shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County Water Resources Development Department. 43. 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) . 44. All existing and proposed utilities shall be underground as approved by the City Engineer between the northwest corner and the southwest corner of subject property and including the existing utility pole just north of the northwest corner of the subject property, if feasible based upon efforts to be undertaken by the City and if determined by the Director of Community Development to not add a significant cost to the project. In addition the overhead wires that connect property line utility poles to the utility pole on the northwest corner of Bard Street and Third Street shall be placed underground, however, the pole may remain. RESOLUTION NO. PC -1999 -378 Page No. 20 45. 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. 46. 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. 47. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. 48. 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 filing of the final or parcel map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter City) in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. c. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 49. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and RESOLUTION NO. PC -1999 -378 Page No. 21 maintain proper sight distances. Plans for all fences, and walls required by the conditions of this project are to be submitted to and approved by the Director of Community Development. 50. The Developer shall dedicate vehicular access rights to the City of Moorpark along Bard Street and Millard Street. 51. 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. 52. All new land divisions within the development shall agree to pay lighting and landscaping assessments as determined by all current or revised assessment schedules. DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY: 53. 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. 54. 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. 55. 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. 56. 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 -378 Page No. 22 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, which may contain the fungus, which causes San Joaquin Valley Fever. f. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. g. Wash off heavy -duty construction vehicles before they leave the site. 57. 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. 58. All diesel engines used in construction equipment shall use reformulated diesel fuel. RESOLUTION NO. PC- 1999 -378 Page No. 23 59. 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. 60. Construction activities shall be limited to between the following hours: a. 7:00 a.m. and 7:00 p.m. Monday through Friday; b. 9:00 a.m. to 6:00 p.m. Saturday. C. 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. d. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 61. Truck noise from hauling operations shall be minimized through establishing hauling routes that avoid residential areas and requiring that 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. 62. The Developer shall ensure that construction equipment is fitted with modern sound- reduction equipment. 63. Equipment not in use for more than ten minutes shall be turned off. 64. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 65. The Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. RESOLUTION NO. PC- 1999 -378 Page No. 24 66. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 67. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. 68. Soil testing for trench compaction is to be performed on all shall be less than once every 4 feet of lift and 100 lineal feet of trench excavated. 69. Observe a 15 -mile per hour speed limit for the construction area. 70. 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: 71. Prior to issuance of a building permit, the Developer shall pay to the City the Los Angeles Avenue Area of Contribution (AOC) Fee, which shall be the dollar amount in effect at the time the fee is paid. 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. 72. Prior to issuance of a building permit, all habitable structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 73. Construction of street improvements and /or repairs shall be completed to the satisfaction of the City of Moorpark. 74. If directed by the City, the Developer shall have repaired, overlay or slurried that portion of Bard Street, Third Street and Millard Street adjacent the development. The repairs, curb replacement, parkways, sidewalks, and overlay or slurry of the streets, as a result of damage from construction work or utility trenching shall be along the RESOLUTION NO. PC- 1999 -378 Page No. 25 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: 75. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 76. Sufficient surety in a form the City guaranteeing the provided, and shall remain acceptance by the City. and in an amount acceptable to public improvements shall be in place for one year following 77. 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. 78. Original "as built" plans will be certified by the Developer's Registered Civil Engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 3611, they must be resubmitted as "record drawings" in a series of 22" X 36" Mylar (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. FIRE DEPARTMENT CONDITIONS: Water Availability 79. Prior to recordation, the applicant shall provide to the Fire District verification from the water purveyor that the water purveyor can provide the required fire flow for the project. Fire Hydrants 80. 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. RESOLUTION NO. PC -1999 -378 Page No. 26 81. 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. Fi rA F1 nw 82. 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 83. 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. Spark Arrestor 84. An approved spark arrestor shall be installed on the chimney of any structure(s). VCFD Form No. 126 85. 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. RESOLUTION NO. PC -1999 -378 Page No. 27 WATERWORKS DISTRICT NO 1 CONDITIONS: 86. Applicant shall be required to comply with the Ventura County Waterworks District No. 1 Rules and Regulations. The District shall approve the water and sewer improvement plans after all the following items are completed: a. Developer shall extend the existing 8 inch sewer line on Bard Street from the existing street clean out to Third Street to serve Lots 6 and 8 of the subject property. The sewer improvement plans shall be prepared in accordance with District standards. Submit three sets of plans and cost estimate to construct project. b. In addition to the sewer improvement plans, Developer shall provide the District site plans showing the existing water and sewer mains, and proposed services, meters and fire hydrants. C. Sealed copy of "Memorandum of Understanding" and "Proof of Payment of the Capital Construction Charge" from Calleguas Municipal Water District. d. Payment for the following fees: plan check, construction inspection, capital improvement charge, sewer construction fee and water meter charge. e. Signed Contract to install, and Surety Bond. RESOLUTION NO. PC -1999 -378 Page No. 28 CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 99 -1: 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. These conditions also apply to Tract Map 5181. Use Inauguration 2. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than three years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to two (2) one (1) year extensions for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial two year period and the applicant has concurrently requested a time extension to the tentative tract map. The request for extension of this entitlement shall be made at least 30- days prior to the expiration date of the permit. Modification to Permit 3. 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. RESOLUTION NO. PC- 1999 -378 Page No. 29 Other Regulations 4. The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable regulations of the R -1 zone and RPD Permit and all requirements and enactment of Federal, State, County, and City authorities, and all such requirements and enactment's shall, by reference, become conditions of this permit. Graffiti Removal 5. The applicant or his successors and assigns, 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. Phasing 6. 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. Affordable Units and Affordable Housina Agreement 7. Low Income Housing: a. The developer shall provide on this site, one (1) three bedroom unit of not less than 1,350 square feet in size, to be sold to buyers who meet the criteria for Low Income households established by the United States Department of Housing and Urban Development for the County of Ventura (80% of Median Income). b. The initial sales price, buyer eligibility, resale restrictions, respective role of the City and the developer, and any other item determined necessary by the City shall be set forth in written form through the Affordable Housing Implementation and Resale Restriction Plan, which shall be approved by the City Council prior to approval of the final Tract Map for this project. C. The developer and City shall, prior to the occupancy of the first residential unit for the project, execute an affordable Housing Agreement that incorporates the Plan in total and is consistent with this Agreement. RESOLUTION NO. PC- 1999 -378 Page No. 30 Preparation Fee The developer shall dollars ($1,000.00) Affordable Housing this condition. Effect of Conditions pay to City the amount of one - thousand for the City's cost to prepare the Plan and Agreement required pursuant to 8. 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 9. 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 10. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. Acceptance of Conditions 11. The permittee's acceptance commencement of construction permit shall be deemed to be of this permit. Surety for Utilities of this permit and /or and/ or operations under this acceptance of all conditions 12. Prior to approval of a final map, the subdivider shall post sufficient surety to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. Prior to the issuance of an occupancy permit for the last RESOLUTION NO. PC- 1999 -378 Page No. 31 house in the tract, all existing utilities shall also be underground to the nearest off -site utility pole with the exception of 66 KVA or larger power lines. This requirement for undergrounding includes all aboveground power poles on the project site as well as those along the frontage roads of the site. Rain Gutters and Downspouts 13. Rain gutters and downspout shall be provided on all sides of the structure for all units where there is a directional roof flow. Water shall be conveyed to the street or drives in non - corrosive devices as determined by the City Engineer. Roof Mounted Equipment 14. 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 LiQhtin 15. Exterior front yard lighting within the development shall be limited to illumination of entryways and address identification. Excessively bright and /or unshielded front door lighting shall be prohibited and shall provide sharp cut off qualities, which minimize light spillage at property lines. Energy Saving Devices 16. That all residential units shall be constructed employing energy saving devices. These devices are to include, but are not limited to the following: a. Ultra low flush toilets (to not exceed 1.6 gallons); b. Low water use shower controllers as required by Title 24 of the Uniform Building Code shall be placed on all shower facilities; C. Natural gas fueled stoves, ovens and ranges shall not have continuous burning pilot lights; d. All thermostats connected to the main space heating source shall have night set back features; RESOLUTION NO. PC -1999 -378 Page No. 32 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 17. 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 18. 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. Fish and Game Requirement 19. Within two days after City Council adoption of a Resolution approving the Planned Development Permit, the applicant shall submit to the City of Moorpark a check for $1,250.00 plus a $25.00 filing fee payable to the County of Ventura to comply with Assembly Bill 3158, for the management and protection of statewide fish and wildlife trust resources. Pursuant to Public Resources Code Section 21089 (b) and Fish and Game Code Section 711.4 (c), the project is not operative, vested or final until the filing fee is paid. PRIOR TO ISSUANCE OF A GRADING PERMIT 20. 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. RESOLUTION NO. PC -1999 -378 Page No. 33 PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED Citywide Traffic Mitigation Fee 21. As a condition of the issuance of a building permit for each residential unit, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee ") . The Citywide Traffic Fee may be expended by the City in its sole and unfettered discretion. On the effective date of the Development Agreement, the amount of the Citywide Traffic Fee shall be $3,000 per dwelling unit. Commencing January 1, 2000, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. Landscaping Plan 22. 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. RESOLUTION NO. PC- 1999 -378 Page No. 34 e. Unless otherwise specified in these project conditions; the plans shall be prepared in substantial conformance with the approved conceptual plans for the project. f. The applicant shall bear the full cost of landscape plan reviews, installation and inspections as deemed necessary by the Director of Community Development. g. 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. h. The following notes shall be included on the plans and shall be project conditions: 1) All plant material shall conform to the current issue of the American Standard for Nursery Stock published by the American Association of Nurserymen. 2) 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. 3) Prior to final inspection by the City of Moorpark, the applicant shall provide a written certification for the operation of the backflow device. i. The planting plan shall indicate the proposed locations of light standards. The lighting and tree locations shall be designed to avoid conflicts. j. All backflow preventers, transformers, and other above -grade utilities shall be appropriately screened with walls and /or plantings. k. The planting and irrigation design shall comply with the State of California Model Water Efficient Landscape Ordinance. RESOLUTION NO. PC- 1999 -378 Page No. 35 1. 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. M. Subsequent to occupancy, the landscaping shall be maintained in accordance with the approved Maintenance Plan. n. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: 1) All plant species utilized shall not exceed the Irrigation Water Allowance, as discussed in the State Model Water Efficient Landscape Ordinance. 2) Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. 3) Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. 4) A coordinated tree - planting program shall be developed which will provide a dominant theme tree within the components of the proposed development. 5) 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. 6) Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. RESOLUTION NO. PC- 1999 -378 Page No. 36 o. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height, front yard landscaping for all residences and all common areas to be maintained by the maintenance assessment district or Homeowners Association. Front Yard landscaping shall be installed and approved by the Director of Community Development prior to final inspection. A tree report shall be submitted prior to issuance of a Zoning Clearance indicating the value of all trees removed from the site. Additional landscaping shall be required which shall equal the value of the trees, which are proposed to be removed. Construction Access Plan 23. 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 24. Prior to submittal of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. If an applicant desires, construction plans may be submitted to the Building and Safety Department with a City approved Hold Harmless Agreement. 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 25. 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 26. The existing plans shall be revised by the applicant and approved by the Director of Community Development. The following revisions shall be made: RESOLUTION NO. PC- 1999 -378 Page No. 37 a. All garage doors shall be of the sectional design and have automatic garage door openers and vary by unit as determined by the Director of Community Development. b. The Plot plan and Landscaping plans shall be revised to include walls on property lines, (not within the front yard setback area), and a return wall and gate on each side yard of the homes connecting to the side property line. Each wall shall be six ( 6 ) feet high as measured from the highest grade level. The walls between side property lines, and the wall that separates these units from Flory School shall be dark brown slump block with integral color mortar joints. The interior property line walls may be constructed of precision block (CMU) with integral color to blend with the slump block and integral color mortar joints. The wall parallel with the pedestrian access to Flory School from Millard Street shall be integral color precision block and mortar joints and treated with a graffiti resistant solution to the satisfaction of the Director of Community Development. The existing northerly project boundary line wall (masonry wall) shall be treated with a colored stucco coating to match other perimeter walls with the color and texture of stucco coat to be determined by the Director of Community Development. C. The plans shall be modified to include front yard and parkway landscaping and irrigation, which shall be installed prior to occupancy of each unit. d. The maximum height of any units shall not exceed 25 feet. e. The driveway on Lot 6 shall be relocated from the right side of the lot to a point near the northerly property line to the satisfaction of the City Engineer and the Director of Community Development. f. All second floor bathroom windows shall have a minimum height of at least five ( 5 ) feet from the floor level and shall include opaque glass. All second story windows are required to have window surrounds to the satisfaction of the Director of Community Development. RESOLUTION NO. PC- 1999 -378 Page No. 38 g. The windows on all building elevations shall be provided with surrounds or other architectural features as approved by the Director of Community Development. Window surrounds shall be painted a trim color as determined by the Director of Community Development. All windows facing the front setback area shall be of a multi -pane design and all windows shall be provided with window surrounds. h. All roof materials shall be clay or concrete tile, the style and color of which shall be subject to the review and approval of the Director of Community Development. Colors of the roof tiles shall be varied. i. All building colors shall be reviewed and approved by the Director of Community Development. Trees 27. Any removal of trees (Tree Removal Permit required) and the method of tree replacement shall be approved by the Director of Community Development as part of the landscape plan submitted by the applicant. Outstanding Case 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 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 RESOLUTION NO. PC- 1999 -378 Page No. 39 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. Garage Size 31. Individual garages shall have a minimum unobstructed inside dimension of 20 feet in length and 20 feet in width with a minimum interior height of 8 feet. Adjacent Property Walls and Fences 32. All property line walls and fences shall be no further than one inch from the property line. Provision for Image Conversion of Plans into Optical Format 33. Prior to issuance of the first Certificate of Occupancy, the builder shall provide to the City an image conversion of all plans as determined by the Department of Community Development into an optical format acceptable to the City Clerk. Cable Service 34. 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 aiong the exterior walls of the residential buildings. Asbestos 35. No asbestos pipe or construction materials shall be used. RESOLUTION NO. PC -1999 -378 Page No. 40 Public Nuisance 36. The Director of Community Development may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance ". The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the conditions of approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). Traffic Svstem Management Contribution 37. Prior to the issuance of a Zoning Clearance for construction, the permittee shall make a total contribution to the Moorpark Traffic Systems Management Fund (TSM) of $1,000.00 per residential unit to fund TSM programs or clean -fuel vehicle programs as determined by the City. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED Will Serve Letter 38. An "Unconditional Will Serve Letter" for water and sewer service shall be obtained from the Ventura County Waterworks District No. 1. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED Completion of Landscaping 39. Landscaping in front yard and parkway areas shall be completed for each lot prior to its occupancy. Acceptance of On -Site Improvements 40. 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 until 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 RESOLUTION NO. PC- 1999 -378 Page No. 41 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. 41. All related perimeter and garden walls shall be constructed prior to the issuance of a zoning clearance for occupancy. CITY ENGINEER CONDITIONS PRIOR TO ISSUANCE OF THE FIRST ZONE CLEARANCE FOR RESIDENTIAL CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 42. The applicant shall have recorded Tract Map 5181. The Conditions of Approval for Tentative Tract Map shall apply to Residential Planned Development Permit No. 99 -1. MOORPARK POLICE DEPARTMENT CONDITIONS Construction Site Security Provisions 43. The applicant shall comply with all appropriate Police Department requirements. WATERWORKS DISTRICT NO 1 CONDITION 44. The conditions applicable to Tentative Tract Map No. 5181 shall apply to Residential Planned Development Permit No. 99 -1. FIRE DEPARTMENT CONDITION 45. The Conditions of Approval for Tentative Tract Map No. 5181 shall apply to Residential Planned Development Permit No. 99 -1. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS 46. Prior to issuance of a building permit for construction, the applicant shall pay applicable School District fees. All emissions of fugitive dust, noise and any other potentially harmful substances shall be controlled to the satisfaction of the Director of Community Development and RESOLUTION NO. PC -1999 -378 Page No. 42 the City Engineer to protect the health of all persons at the adjacent day care, school and clinic facilities on the Flory School site. 47. Prior to issuance of a Grading Permit, the applicant shall submit a plan concerning the routing of construction traffic in a manner that does not adversely impact the adjacent Flory School including the safety of children in and around the school grounds or create congestion in proximity to the school bus pick -up area. Depending upon available alternative transportation routes for construction traffic the hours that construction vehicles may travel to the development site may be limited. Millard Street shall be used as the route for all construction traffic except where direct access is needed to the lots on Bard Street, which shall be specifically addressed by this plan. This plan shall be approved by the Director of Community Development and City Engineer. AIR POLLUTION CONTROL DISTRICT CONDITIONS 48. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e., greater than 20 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. 49. 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. 50. All unpaved on -site roads shall be periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 51. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of fugitive dust. 52. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 53. On -site vehicle speeds shall not exceed 15 miles per hour. 54. Equipment engines shall be maintained in good condition and in proper tune as per manufacturers specifications. RESOLUTION NO. PC- 1999 -378 Page No. 43 55. Facemasks are to be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust, which may contain the fungus that causes San Joaquin Valley Fever. Dust also acts as a lung irritant and can cause lung damage. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS (VCFCD) 56. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, National Pollutant Discharge Elimination System (NPDES) Permit No. CAS063339. 57. The project construction plans shall incorporate applicable Best Management Practices (BMP's) to the development such as landscaped areas for filtration, filters and /or basins, and /or other approved methods that intercept stormwater and effectively prohibit pollutants from discharging to the storm drain system for the review and approval of the City Engineer. 58. All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump- Drains to Arroyo" in accordance with the City's requirements. 59. The property owner is responsible for the maintenance and operation of all improvements. A method of assuring the implementation and maintenance of all stormwater Best Management Practices shall be established. The method will be subject to the review and approval of the City Engineer. 60. Any existing or proposed direct drain connections to VCFCD jurisdictional facilities will be subject to VCFCD permitting and application of appropriate BMP's. In addition, the applicant is required to have a stormwater Pollution Control Plan, or equivalent document, covering water quality protection during the construction phase of the project.