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HomeMy WebLinkAboutRES 1990 212 0507RESOLUTION NO. PC -90 -212 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING VESTING PARCEL MAP (LDM) 89 -5 AND RESIDENTIAL PLANNED DEVELOPMENT (RPD) 89 -2 ON THE APPLICATION OF JOHN AND DELORES LOMBARDI. ASSESSOR PARCEL NO. 807 -0- 192 -15. WHEREAS, at a duly noticed public hearing on March 19, 1990, the Planning Commission considered the application filed by John and Delores Lombardi requesting approval to subdivide an existing 0.84 acre parcel into three 0.28 acre parcels in order to construct a single family residence in each lot (parcel nos. 2 and 3). WHEREAS, the Planning Commission after review and consideration of the information contained in the staff report dated March 19, 1990 and found that the subject site will not have a significant effect on the environment and has reached its decision in the matter; and WHEREAS, at its meeting of April 16, 1990, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, closed the public hearing, continued the matter to their regular meeting of May 7, 1990, and directed staff to prepare a resolution for the Planning Commission's decision; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the Planning Commission hereby adopts the findings contained in the staff report dated March 19, 1990, and said report is incorporated herein by reference as though fully set forth. SECTION 2. That the Planning Commission does hereby find that the approval of the requested permit is consistent with the City's General Plan. SECTION 3. That the Planning Commission hereby conditionally approves LDM -89 -5 and RPD -89 -2 subject to compliance with all of the conditions attached hereto. That action with the foregoing direction was approved by the following roll call vote: i AYES: Scullin, Schmidt, Lanahan, Talley, and Wozniak. NOES: None. ABSENT: None. PASSED, APPROVED AND ADOPTED THIS 7th DAY OF MAY 1990. ATTEST: Celia LaFleur, Secretary Chairman presiding: APPROVED BY RESOLUTION NO. PC -90 -212 ON MAY 7, 1990 Vesting Tentative Tract Map: LDN 89 -5 Page Applicant: Lombardi Date: May 7, 1990 1. The conditions of approval of this Vesting Tentative Parcel Map supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 2. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 3. The developer's recordation of this map and /or commencement of construction as a result of this map shall be deemed to be acceptance of all conditions of this map by the applicant. 4. The development shall be subject to all applicable regulations of the Residential Planned Development Zone. 5. No zone clearance shall be issued for residential construction until the final map has been recorded. Prior to the issuance ,- of any permit, a zoning clearance shall be obtained from the Department of Community Development and a Building Permit shall be obtained from the Department of Building and Safety after the granting of a zoning clearance. 6. Prior to map recordation, the applicant shall provide easements and individual swales on each lot for storm water purposes. In addition, the applicant and the property owner of Lot No. 3 of Tract Map 3403 shall reach a contractual recorded written agreement granting the applicant a legal private easement for offsite storm water disposal prior to map recordation. The written agreement must be reflected in the title reports for both contractual parties. 7. Prior to approval of a Final Map, the developer 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 Vesting Tentative Parcel Map shall expire three years from the date of its approval. Failure to record a final map with the Ventura County Recorder prior to expiration of the Tentative Map shall terminate all proceedings, and any subdivision of the land shall require the filing and processing of a new Tentative Map. APPROVED BY RESOLUTION NO. PC -90 -212 ON MAY 7, 1990 Vesting Tentative Tract Nap: LDM 89 -5 Page 2 Applicant: Lombardi Date: May 7, 1990 9. The final map shall be recorded in one phase as indicated on the Tentative Nap. 10. Prior to approval of Final Map, or issuance of a grading permit, grading plans shall be submitted to the Director of Community Development and the City Engineer for review to insure that such plans meet with the intent expressed in the Engineer's conceptual plans and /or the Tentative Parcel Map. 11. Prior to approval of 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 sewer service. 12. Valves and manholes shall be provided in all water lines such that units already occupied will not lose water service during testing of any new or subsequent development. 13. 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. 14. That prior to approval of Final Map, agreements to install water and sewer improvements shall be executed by the Board of Directors for County Waterworks District No. 1 Said agreements shall be for improvements as approved by the Waterworks District Engineer Manager. 15. Prior to zone clearance, the applicant shall construct a six (6) feet high decorative masonry wall along the periphery of the subdivision where a rear, or side yard abuts other property, the material shall be approved by the Director of Community Development. 16. That the applicant's recordation of this map shall be deemed to be acceptance by applicant of all conditions of this subdivision. APPS BY BB.SOLDTIOM NO. PC -90 -212 09 MAY 7, 1990 Vesting Tentative Tract Map: LDM 89 -5 Page 3 Applicant: Lombardi Date: May 71 1990 17. As of the date of recordation of final parcel map, the parcels depicted thereon shall meet the requirements of the zoning ordinance and General Plan then applicable to the property. Compliance with this condition shall be required even if the zoning and General Plan requirements in effect as of the date the tentative map is conditionally approved. Conditional approval of the tentative map shall neither limit the power of the legislative body to amend the applicable zoning ordinances and /or General Pan nor compel the legislative body to make any such amendments. 18. Building Standards for residential structures as provided under Chapter 2 -53 of Part 2 and Chapter 4 -10 of Part 4, of Title 24 of the California Administrative Code, shall be imposed on any future residential units constructed on the subdivision. 19. Prior to approval of the Final Map the applicant shall pay Quimby Fees consistent with City Ordinance No. 6. 20. No zoning clearance shall be issued for RPD -89 -2 until all conditions required prior to map approval are completed. 21. That 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, 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: a. The city bears its own attorney fees and costs; b. The city defends the claim, action or proceeding in good faith. 22. 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 r- APPROVED BY Vesting Tentative Applicant: Date: 20. PC -90 -212 ON MAY 7, 1990 Tract Map: LDM 89 -5 Lombardi May 7, 1990 Page 4 obligations under this condition shall apply regardless of whether a final map or parcel map is ultimately recorded with respect to the subdivision. CITY ENGINEER DEPARTMENT CONDITIONS PRIOR TO APPROVAL ON FINAL MAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 23. The applicant shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Registered Civil Engineer, shall obtain a Grading Permit; and shall post sufficient surety guaranteeing completion. 24. The approved grading plan will show a legal private easement for storm drain purposes offsite. No stormwater will cross property lines unless a private easement for stormwater purposes is in place. 25. The applicant shall submit to the City of Moorpark for review and approval, a detailed Soils Report certified by a Registered Professional Civil Engineer and Certified Engineering Geologist in the State of California. the report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. the grading plan shall incorporate the recommendations of the approved Soils Report. 26. The applicant shall submit to the City of Moorpark for review and approval, street improvement plans 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 the construction of the improvements. An necessary right of way required to complete the improvements will be acquired by the applicant at this expense. 27. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, paving, and any necessary transitions in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as follows: a. Peach Hill Road to be constructed per Ventura County Road Standard Plate B -4A along the project frontage. b. Driveways to be constructed per Ventura County Standard Plate E -1. APPROVED BY RESOLUTION MO. PC -90 -212 ON MAY 7, 1990 Vesting Tentative Tract Map: LDM 89 -5 Page 5 Applicant: Lombardi Date: May 78 1990 28. The applicant shall demonstrate for each building pad to the satisfaction of the City of Moorpark as follows: a. Adequate protection from 100 year frequency storm; b. Feasible access during a 10 year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. 29. The applicant shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic, and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: Quantities water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard ares, sumps and drainage courses. Hydrology shall be per current Ventura County Standards except as follows: a. All sumps shall carry a 50 year frequency storm. b. All catch basins on continuous grade shall carry a 10 year storm. C. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal depth of approach flows. d. All culverts shall carry a 100 year frequency storm. e. Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways. f. Under a 10 year frequency storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available where possible. 30. The applicant shall deposit the City of Moorpark a contribution for the Spring /Tierra Rejada Road Improvement Area of Contribution. BY RESOLUTION NO. PC -90 -212 ON MAY 7, 1990 Vesting Tentative Tract Nap: LDM 89 -5 Page 6 Applicant: Lombardi. Date: May 71 1990 a. The actual deposit shall be the then current Spring Road /Tierra Rejada Road Improvement Area of Contribution applicable rate at the time the Final Map approval is issued. 31. The applicant shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372. 32. For any Final Map, or a Parcel Map (containing five or more parcels), or any Parcel Map whereupon dedications are required to be offered, the applicant shall transmit by certified mail a copy of the conditionally approves Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity of public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. 33. If any of the improvements which the applicant is required to construction 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 Government Code Section 66457. a. Notify the City of Moorpark (hereafter "City ") in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for such purposes as provided in Government 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 current fair market value of the interest to be acquired, and iv. a current Litigation Guarantee Report. APPROVED BY RESOLUTION NO. PC -90 -212 ON MAY 7, 1990 Vesting Tentative Tract Nap: LDM 89 -5 Page Applicant: Lombardi Date: May 7, 1990 V. 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. 34. The applicant shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. 35. The applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs, an assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. (That this condition shall not apply to future homeowners.) 36. All haul routes shall be approved by the City Engineer. 37. The applicant shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., landscaping, parks, fencing, etc.) or which require removal (i.e., model homes, temporary debris basins, etc.). IN CONJUNCTION WITH APPROVAL OF FINAL MAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 38. The applicant shall dedicate on the Final Parcel Map to the City of Moorpark the access rights adjacent to Peach Hill Road along the entire frontage of the parent parcel except for approved driveways as delineated on the approved Tentative Map. 39. Lot to lot drainage easements and secondary drainage easements shall be delineated on the final map. Assurance shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. DURING CONSTRUCTION, THE FOLLOWING SHALL APPLY: 40. That prior to any work being conducted within the State or City right of way, the applicant shall obtain an Encroachment Permit from the appropriate Agency. APPROVED BY RESOLUTION NO_ PC -90 -212 ON MAY 7, 1990 Vesting Tentative Tract Nap: LDS 89 -5 Page 8 Applicant: Lombardi Date: May 71 1990 41. That the applicant shall construct any necessary drainage facility, including brow ditch and slope bench drainage channels, with a permanent earth tone color(s) so as to minimize visual impacts, such colors shall be submitted to and approved by the Planning Director as part of the grading plans. 42. In the event of unforeseen encounter or subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation shall cease in the immediate area, and the find left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate and make recommendations as to disposition, mitigation and /or salvage. The developer shall be liable for costs associated with the professional investigation. 43. 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 Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 44. No trees with a truck diameter in excess of 4 inches shall be trimmed or removed without prior approval of the City Council. 45. If grading is to take place during the rainy season, an erosion control plan shall be submitted for review and approval along with the grading plan. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVffiU;NTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 46. Original "as built" plans on standard size sheets will be certified by the Civil Engineer and returned to the City Engineer's office. 47. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. FIRE DEPARTMENT CONDITIONS 48. That access roads shall be installed with an all weather surface, suitable for access by fire department apparatus. W APPS BY RESOLUTION NO. PC -90 -212 ON MAY 7, 1990 Vesting Tentative Tract Map: LDM 89 -5 Page 9 Applicant: Lombardi Date. May 7, 1990 49. That prior to approval of the Final Map, street names shall be submitted to the Fire Department Communication Center for review. 50. That street signs shall be installed prior to the first occupancy permit requested. 51. That prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for the approval of the location of fire hydrants showing existing hydrants within 500 feet of the development on the plan. 52. That a minimum fire flow of 1000 gallons per minute shall be provided at this location. 53. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design, and shall have one 4 inch and 2 -1/2 inch outlet. b. The required fire flow shall be achieved at no less that 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 24 inches on center recessed in curb face. 54. In all grass or brush exposed to any structure shall be cleared for a distance for 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 55. That an approved spark arrester shall be installed on the chimney of any structure. VENTURA COUNTY WATER WORKS DISTRICT NO. 1 56. That the applicant shall be required to pay capital improvement charges to the District prior to the recordation of the map. APPROVED BY RESOLUTION 100. PC -90 -212 ON MAY 7, 1990 Residential Planned Development Permit No.: RPD 89 -2 Page 10 Applicant: Lombardi Date: May 7, 1990 COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 1. The permit is granted for the land and project as described in the application and in the attachment thereto and as amended by the conditions herein. 2. That the permit is granted for the two residential buildings, driveways, parking areas, landscaping and other features which shall be located substantially as shown on Exhibits 2, 3, 4, and 5 except or unless indicated otherwise herein and subsequently submitted for final City approval. 3. That the elevation of the two residential buildings shall be substantially in conformance with the elevation plan labeled Exhibit 5 except that all building facades shall receive architectural treatment. 4. That any minor changes may be approved by the Director of Community Development. However, any major modification will require the filing of a modification application to be considered by the City Council. 5. That all requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met. 6. That unless substantial dwelling unit construction has occurred within the parcel map not later than 36 months after the date the permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant one additional 12 month extension for issuance of a zoning clearance provided: a. The application for extension is made prior tot he expiration of the 36 month period, and b. There have been no changes in the approved plans, and C. Thee has been no change of circumstances which will prevent the preservation of the integrity, character, utility or value of the property in the zone and the general area in which the use is proposed to be located or will be detrimental to the public health, safety or welfare, and d. Once at least 408 of the units have received compliance review approval from all City departments and agencies and are ready for immediate occupancy with utility meter installation approved, this RPD shall not be subject to expiration. APPROVED BY BRSOLDTIOB NO. PC -90 -212 ON MAY 7, 1990 Residential Planned Development Permit No.: RPD 89 -2 Page 11 Applicant: Lombard Date: May 78 1990 7. That all utilities shall be placed underground. Any above grade utility fixtures shall be placed adjacent to landscaped areas and screened on three sides. 8. That a transfer of this RPD Permit shall not be effective until the name and address of the transferee and the date when such transfer shall be effective together with a letter from the new owner certifying agreement to comply with all conditions of the permit is filled with the Director of Community Development and acknowledged. 9. That the development is subject to all applicable regulations of the "RPD" (Residential Plan Development) zone. 10. That all residential units shall be constructed employing state of the art energy saving devices as may be appropriate. These devices are to include, but are not limited to the following: a. low flush toilets (not to exceed 3 -1/2 gallons) b. shower controllers C. stove, ovens and ranges when gas fueled shall not have continuous burning pilot lights d. all thermostats connected to the main space heating source to have night set back features e. kitchen ventilation system to have automatic dampers to insure closure when not in use f. solar panel stubouts 11. That patio covers and accessory structures shall conform to "RPD" zone setbacks. No new second story decks shall be permitted to the original structure. 12. That gutters and downspouts shall be provided for all units matching exterior color of said units. Water shall be conveyed to the street in a manner approved by the City Engineer. APPROVED BY RESOLUTION NO. PC -90 -212 00 MAY 7, 1990 �. Residential Planned Development Permit No.: RPD 89 -2 Page 12 Applicant: Lombardi Date: May 7, 1990 13. Minimum setbacks shall be as follows: a. front yard - 30 feet b. Rear yard - 20 feet to the property line or retaining wall, whichever is closer as measured from the rear dwelling unit wall C. side yard - 5 feet to the property line or retaining wall 14. If an where swimming pools and spas are installed, the setback from the pool to any wall of the house and any property line shall be a minimum of 5 feet. 15. Landscaping shall not obstruct any exterior door or window. 16. In the event of the unforeseen encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation shall cease in the immediate area, and the find left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate and make recommendations as to disposition, mitigation and /or salvage. The developer shall be liable for costs associated with the professional investigation. 17. 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, in City for any court costs and /or attorney /s fees which the City may be required by a court to pay as a result of any such action, but such participation shall not relieve permittee of his obligations under this condition. 18. Upon occupancy by the owner or proprietor, each single unit in a tract shall have locks using combinations which are interchange free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies. VENTURA COUNTY SHERIFF'S DEPARTMENT CONDITIONS 19. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 20. Address numbers shall be a minimum of six inches in height and illuminated during the hours of darkness. r- 21. Front door entrances shall be visible from the street. APPROVED BY RESOLDTIOM NO. PC -90 -212 ON MAY 7, 1990 Residential Planned Development Permit No.: RPD 89 -2 Page 13 Applicant: Lombardi Date: Nay 71 1990 22. All exterior doors shall be constructed of solid wood core a minimum of 1 -3/4 inches thick or of metal construction. Front glass door(s) commonly used for entry are acceptable but should be visible to the street. 23. 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 inch. 24. All residential sliding glass doors or windows shall be equipped with metal guide tracks at the top and bottom and be constructed so that the widow or door cannot be lifted from the track when in the closed or locked position. PRIOR TO SONS 25. The applicant shall, prior to the issuance of a zone clearance, execute a covenant running with the land on behalf of itself and its successors, heirs and assigns as subdivider /developer agreeing to participate in the formation of an assessment district or other financing technique including but not limited to the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. Traffic mitigation fees shall be used for projects such as, but not limited to, the extension of projects such as, but not limited to, the extension of New Los Angeles Avenue. (This condition shall not apply to future homeowners.) 26. That the applicant shall submit material and color boards for the proposed terra cotta roof and color boards for the two residential buildings to the Director of Community Development for approval. 27. That a landscaping, planting and wall plan, together with specifications and a maintenance program shall be prepared by a State License Landscape Architect. The purpose of the landscaping will be: a. to enhance the quality of the development by landscaping front yards. APPROVED BY RESOLUTION NO. PC -90 -212 OR MAY 7, 1990 Residential Planned Development Permit No.: RPD 89 -2 Page 14 Applicant: Lombardi Date: May 71 1990 b. to assure that some drought tolerant plants are utilized in the landscaping of the property. three sets of plans shall be submitted prior to issuance of a zone clearance and approved by the Landscape Consultant. The applicant shall bear the total cost of such review and a final installation inspection. 28. That patio covers and accessory buildings shall be reviewed and approved by the Homeowners, Association prior to the issuance of a Zoning Clearance. 29. That the applicant shall submit plans indicating architectural treatment of all sides of the houses for review and approval by the Planning Commission. 30. That the location and plans, including enclosures over and above the typical metal cabinets, for postal mail boxes shall be submitted for review and approval by the Director of Community Development and Post Master. 31. That the developer shall provide, for review and approval of the Director of Community Development and City Engineer, alternative light standards (poles and luminaries). 32. The applicant shall be required to scale back the two residential buildings to that of the adjacent residential property with approximate gross floor area of 2,500 sq.ft. (excluding garage). The applicant shall modify the architectural style of the two buildings so as to achieve compatibility with the adjacent hams in materials, rhythm, facade treatment, ad color. Construction plans must be submitted for review and approval by the Director of Community Development prior to zoning clearance. Also, the applicant shall design a side entrance to the three car garage so that there will not be a backing out of cars onto a collector street. 33. The applicant shall set the two residential buildings 30 feet back from the front property line to be uniform with the existing home to the south. The applicant shall submit two copies of the revised plot plans to the Director of Community Development for review and approval. CITY ENGINEER DEPARTMENT CONDITIONS PRIOR TO APPROVAL ON FINAL MAP, THE FOLLOWING CONDITIONS SHALL BE /I- 34. The applicant shall submit to the City of Moorpark for review APPROVED BY RESOLUTION NO. PC -90 -212 ON MAY 7, 1990 Residential Planned Development Permit No.: RPD 89 -2 Page 15 Applicant: Lombardi Date: May 7, 1990 and approval, a grading plan prepared by a Registered Civil Engineer, shall obtain a Grading Permit; and shall post sufficient surety guaranteeing completion. 35. The approved grading plan will show a legal private easement for storm drain purposes offsite. No stormwater will cross property lines unless a private easement for stormwater purposes is in place. 36. The applicant shall submit to the City of Moorpark for review and approval, a detailed Soils Report certified by a Registered Professional Civil Engineer and Certified Engineering Geologist in the State of California. the report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. the grading plan shall incorporate the recommendations of the approved Soils Report. 37. The applicant shall submit to the City of Moorpark for review and approval, street improvement plans 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 the construction of the improvements. An necessary right of way required to complete the improvements will be acquired by the applicant at this expense. 38. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, paving, and any necessary transitions in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as follows: a. Peach Hill Road to be constructed per Ventura County Road Standard Plate B -4A along the project frontage. b. Driveways to be constructed per Ventura County Standard Plate E -1. 39. The applicant shall demonstrate for each building pad to the satisfaction of the City of Moorpark as follows: a. Adequate protection from 100 year frequency storm; b. Feasible access during a 10 year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. r APPROVED BY RESOLUTION MO. PC -90 -212 ON MAY 7, 1990 Residential Planned Development Permit No.: RPD 89 -2 Page 16 Applicant: Lombardi Date: May 71 1990 40. The applicant shall submit to the city of Moorpark for review and approval, drainage plans, hydrologic, and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard ayes, sumps and drainage courses. Hydrology shall be per current Ventura County Standards except as follows: a. All sumps shall carry a 50 year frequency storm. b. All catch basins on continuous grade shall carry a 10 year storm. C. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal depth of approach flows. d. All culverts shall carry a 100 year frequency storm. e. Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways. f. Under a 10 year frequency storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available where possible. 41. The applicant shall deposit the City of Moorpark a contribution for the SpringRoad /Tierra Rejada Road Improvement Area of Contribution. a. The actual deposit shall be the then current Spring Road /Tierra Rejada Road Improvement Area of Contribution applicable rate at the time the Final Map approval is issued. 42. The applicant shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have APPROVED BY RBSOLUrION NO. PC -90 -212 ON MAY 7, 1990 Residential Planned Development Permit No.: RPD 89 -2 Page 17 Applicant: Lombardi Date: May 7, 1990 not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372. 43. For any Final Map, or a Parcel Nap (containing five or more parcels), or any Parcel Map whereupon dedications are required to be offered, the applicant shall transmit by certified mail a copy of the conditionally approves Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity of public utility that is an easement holder of record. Written compliance shall be submitted to the City of Moorpark. 44. If any of the improvements which the applicant is required to construction 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 Government Code Section 66457. a. Notify the City of Moorpark (hereafter "City ") in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for such purposes as provided in Government 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 current fair market value of the interest to be acquired, and iv. a current Litigation Guarantee Report. V. 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. APPRDVED BY RESOLUTION NO. PC -90 -212 ON MAY 7, 1990 Residential Planned Development Permit No.: RPD 89 -2 Page 18 Applicant: Lombardi Date: May 70 1990 45. The applicant shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. 46. The applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs, an assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. 47. All haul routes shall be approved by the City Engineer. 48. The applicant shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., landscaping, parks, fencing, etc.) or which require removal (i.e., model homes, temporary debris basins, etc.). DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 49. That prior to any work being conducted within the State or City right of way, the applicant shall obtain an Encroachment Permit from the appropriate Agency. 50. That the applicant shall construct any necessary drainage facility, including brow ditch and slope bench drainage channels, with a permanent earth tone color(s) shall be submitted to and approved by the Planning Director as part of the grading plans. 51. In the event of unforeseen encounter or subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation shall cease in the immediate area, and the find left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate and make recommendations as to disposition, mitigation and /or salvage. The developer shall be liable for costs associated with the professional investigation. 52. 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 Inspector shall be notified immediately. work shall not proceed until clearance has been issued by all of these agencies. APPROVED BY Residential Applicant: Date: RESOLUTION NO. PC -90 -212 ON MAY 7, 1990 Planned Development Permit No.: RPD 89 -2 Page Lombardi i May 7, 1990 19 53. No trees with a truck diameter in excess of 4 inches shall be trimmed or removed without prior approval of the City Council. 54. If grading is to take place during the rainy season, an erosion control plan shall be submitted for review and approval along with the grading plan. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. 55. Original "as built" plans on standard size sheets will be cenrtified by th eCityvil Engineer and regurned to the City Engineer's office 56. Reproducible centerlline tie sheet shall be submitted to the City Engineer's office.