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HomeMy WebLinkAboutRES 1991 241 0617Resolution of Approval for Tract 4726 Resolution No. PC-91 -241 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARI{, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE TRACT NO. 4726 Whereas, at a duly noticed public hearing held on June 3, 1991, the Planning Commission considered the application filed by Westland Company requesting approval of Tentative Tract No. 4726 and related RPD Permit 90.4 to allow a 106 lot subdivision of a 24.93 acre site zoned R -1 -13 which is located north of Los Angeles Avenue in the vicinity of Maureen Lane and Goldman Avenue in Moorpark, California, and Whereas, the Planning Commission has reviewed and considered the information contained in the staff report dated June 3, 1991; and Whereas, the Planning Commission has reviewed and recommended certification of the Final EIR on the project and furthermore has found that the subject project will have significant effects on the environment but that these impacts have been mitigated to the maximum extent feasible; and Whereas, at its meeting of June 3, 1991, the Planning Commission opened the public hearing, received and considered public testimony from all those present wishing to testify, closed the public hearing, and reached its decision on the application; Now, therefore, the Plarm all Commission of the City of Moorpark, California, does resolve as follows: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resource Code of the State of California (beginning at Section 21000), the Planning Commission of the City of Moorpark recommends that the City Council certify the Environmental Impact Report and Statement of Overriding Considerations (Exhibit 1) prepared for this project. SECTION 2. The Planning Commission hereby adopts the findings contained in the staff report of June 3, 1991 which state: (1) the applications and related submittals prepared by the applicant for Planned Development Permits, Tentative Maps, a General Plan Amendment, and Zone Changes, adequately describe the proposed project; (2) the recommended Conditions of Approval meet the findings requirements of the Subdivision Map Act (Government Code Sections 66412.3, 66473.5, 66474, 66474.6, and 66478.1 et. seq.); and (3) the environmental effects of the proposed project have been fully described in the EIR on this project. The environmental analysis fully complies with the requirements of the California Environmental Quality Act and Guidelines. The decision- makers have reviewed and considered the information contained in the EIR and recommend that the City Council certify the Final EIR as complete and adequate. b! Resolution No. PC -91 -241 SECTION 3. The Planning Commission does hereby find that the approval of the Tentative Tract Map is consistent with the City's General Plan (subject to implementation of all Conditions of Approval). SECTION 4. The Planning Commission hereby recommends that the City Council condition the General Plan Amendment and Rezone to be subject to full implementation of the proposed Affordable Housing Agreement. If the terms and conditions of this Agreement are not carried out in full in the implementation of the project, the associated RPD permits shall be revoked and the City shall institute proceedings to revoke the proposed General Plan and Rezone and replace the applicant requested land use designations with the existing designations on the property. SECTION S. The Planning Commission hereby recommends that the City Council conditionally approve Tentative Tract Map No. 4726 subject to compliance with all Conditions of Approval (attached as Exhibit 2) and subject to implementation of a Mitigation Monitoring Program. The action with the foregoing direction was approved by the following roll call vote: Ayes: Commissioners Miller, Torres, and Wesner; Noes: Commissioner Brodsky; Absent: (one vacancy) . Passed, approved, and adopted this 17th day of June, 1991. 'an 'o thee o ATTEST: Celia la Fleur Secretary Exhibits: (1) Statement of Overriding Considerations (2) Conditions of Approval El EXHIBIT 1 STATEMENT OF OVERRIDING Statement of Overriding Considerations CEQA Findings A Final EIR has been prepared on the proposed Westland development which addresses the environmental effects of the project. Mitigation measures have been conceived for all significant effects. Pursuant to Sections 15043 and ]5091 of the State CEQA Guidelines, the following findings are recommended: (1) Changes or alternations have been required in the project which avoid or substantially lessen the significant envionrmental effects of the project related to geologic and flooding hazards, impacts on community aesthetics and visual resources, effects on traffic circulation at intersections in the immediate project vicinity, the availability of long term water supplies, the effects of noise generated by traffic on Los Angeles Avenue and traffic within the project, the remediation of hazardous agricultural and petrochemical materials, (2) Changes or alterations in the social or physical environment which could lessen environmental effects but which are within the responsibility and jarisditation of another public agency and not the City of Moorpark include effects wastewater treatment capacity effects on traffic circulation, cumulative effects on air quality, and cumulative effects on education. (3) Physical and economic considerations make infeasible the full and complete mitigation of traffic impacts at several intersections in the City and cumulative air quality impacts. Statements of Overriding Consideration are necessary for the following issues: Project speck effects on local intersections, road capacity, and safety can be fully offset through the payment of fits, the installation of off site road improvements, and contributions to existing regional traffic circulation improvement programs. In addition, the project conditions require substantial traffic circulation and flooding remediation in the immediate project vicinity including widening Los Angeles Avenue between Beltramo and Liberty Bell the extension of Unidos Avenue, signal installation creation of a bas stop, and the correction of drainage problems at Maureen Lane and Los Angeles Avenue. The applicant has made a conscientious effort to implement the needed improvements. The number of offute improvements being required by the City would adequately offset all project contributions to cumulative effects on the City's circulation system. Applicable CEQA findings include Findings 1, 2, and 3. Air (Nality The project's contribution to local air quality improvement through the payment of about $75,000 in fees would partially offset the increased air quality emissions associated with the project. These funds could be used for the purchase of vans, for the development of ridesharing programs, and related air improvement measures. The construction effects of the project would be offset to the ma3imum extent feasible through implementation of recommended mitigation measures. Applicable CEQA findings In Findings 1, 2, and 3. Cumulative Effects on Educational Facilities Funding for educational programs and fact ides in California is limited by legislation. Given the current growth rate in California, many school districts throughout the state have significant financial problems. The pace of development in Moorpark has the potential to significantly impact the quality of education for the local population. The present school fee program does not provide sufficient funds for the development of school facilities. The applicant would contribute to the solution of this problem through the payment of required fees. No further mitigation planning can be done on the part of the applicant to solve this cumulative problem. Applicable CEQA findings include Findings 2 and 3. In adopting a Statement of Overriding Considerations, the decision - makers should also recogum that the proposed project provides affordable moderate income housing for the community and substantial offsite transportation improvements. These benefits significantly offset the projects contribution to cumulative traffic, air quality, and educational problems in the City . CONDITIONS OF APPROVAL Tentative Tract No. 4726 A SM& Fangy ResidentW Developont Walla! Andicadon and Conditions: Residential Planned Developaseat Permit 904 ., , Y11 Dili I4 k � 4)l IJU i(A). Approval of the Tentative Map is conditioned upon execution of an Affordable Housing Agreement between the City of Moorpark and the applicant or developer. Compliance with terms and conditions of this agreement is mandatory . No Final Map shall be recorded until this agreement is signed. 1(B). The General Plan Asneadment and Rezone approvals stall be subject to 11vU hapkaentatia of the proposed ARoedahle Housing Agreement. H the tsars and conditions of this Agreeaeat are not carried out In &H in the io,pksentsdon of the project, the associated RPD permits shall he revoked and the Chy shill hr.titute prooxdin<s to revoke the pr+opaed General Phu and Rezone and rephwe the applicant requested land on designations with fhe existing designations on the properly. 2. The conditions of approval of this Tentative Map supersede all conflicting notations, Specifications, dimensions, typical sections and the like which may be shown on said Map, and that all provisions of the Subdivision Map Act, City of Moorpark Ordinances and adopted City policies apply. 3. 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. 4. 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. 5. No condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the strider ones shall take precedence. 6. If any of the conditions or limitations of this subdivision are held to be invalK that holding shall not invalidate the remaining conditions or limitations set forth. 7. The applicant agrees as a condition of approval of the tentative and final subdivision maps to defend at his sole expense any action brought against the City because of approval or renewal of this subdivision. Applicant shall reimburse the City of any court costs and/or attorneys fees which the City may be required by a court to pay as a result of any such action. The City, may, 6! at its sole discretion, participate in the defense of any such action, but such participation shall not relieve applicant of his obligations under this condition. 8. The development shall be subject to all applicable regulations of the RPD zone designation for the property. 9. No Zoning Clearance shall be issued for any building construction until the Final Map has been recorded Price to the issuance of any building permit, a zoning clearance shall be obtained from the Department of Community Development. A Building Permit shall be obtained from the Department of Building and Safety after the granting of a zoning clearance. 10. The Tentative 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 Sling and processing of a new Tentative Map. Prior to Grading Permit Approval, the Following Conditions Shall be Satisfied 11. The developer shall submit grading plans to the Director of Community Development for approval to ensure compliance with the Mitigation Monitoring Program. The grading plans shall include the areas designated for residential development on each lot, consistent with the "lot envelope" plan approved by the City Council. 12. In order to reduce the visual impact of manufactured slopes, the top and toe of these slopes shall be rounded off Also, the grading plan shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. 13. Complete landscape plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect. The landscape plans shall comply with pertinent City Zoning Codes and shall generally be in conformance with the Ventura County Guide to Landscape Plans. The Plans shall be submitted to the Director of Community Development for review and approval. The applicant shall bear the total cost of the landscape plan review and final installation inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The final landscape plans shall be approved by the Director of Community Development prior to issuance of Zoning Clearance. All landscaping and planting shall be accomplished and approved by the Director of Community Development, or his designee, prior to the approval of occupancy. The final project landscape plans shall include landscaping specifications, planting details, and design specifications for all of the following project components which shall be subject to the following conditions: a. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Community Development Director. b. Bacldlow preventers, transformers, or other exposed utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. C A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed along the western site boundary to minimize quality of life changes and the loss of privacy of the adjacent single- family neighborhood along Maureen Lane. Trees shall be a minimum of 15 gallon or 24 inch box size in order to provide screening in a short time period. Recommendations regarding planting included in &a the EIR shall be incorporated to the degree feasible into the screening plan. The size of trees to be planted shall be subject to approval by the Community Development Department Director. d. All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appears=; all plan walkway plans shall be subject to Director of Community Development design approval. e. Any turf plantings associated with this project shall be drought tolerant, low -water using variety. E Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian- 9. A coordinated street tree planting program shall be developed which will provide a dominant street tree within each of the six cul- de-sac streets in the development. Dominant street trees shall vary between streets to provide aesthetic diversity within the development. h. Multi family development parking areas along Unidos Avenue which are visible from the single family development shall be screened from view through the use of landscaping and 3-foot tall berms and /or a low wall. i. Written approval of all landscaping programs within the Caltrans easement along Los Angeles Avenue shall be obtained from this agency prior to approval of the landscape plan by the Director of the Community Development Department. Los Angeles Avenue landscaping improvements (including the proposed barrier wall) shall be implemented. A riparian woodland planting program along the Arroyo Simi shall be included in the landscape plan. This planting plan should be designed to provide a nearly continuous canopy of local riparian woodland trees along the Arroyo margin within the project limits. Trees to be planted should include native California broadleaf trees (Sycamore, Box Elder, Elderberry, Cottonwood, Alder, and other selected species). k. Temporary irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan, for a minimum of two years and from the date of installation of the landscaping. The applicant shall be responsible for maintaining the irrigation system and all landscaping until such time as the Homeowners' Association accepts responsibility. Prior to Homeowners' Association acceptance of responsibility for the 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 subdivision. 14. The applicant shall submit a plan for review and approval of the Director of Community Development which identifies how compliance with the utilities undergrounding requirement will be met. 15. Within two days after City Council adoption of a resolution approving Tentative Tract Map 4716, the applicant shall submit to the City of Moorpark a check for $875, payable to the County of Ventura, to comply with the Assembly Bill 3158. 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 fees are paid. 53 16. No grading permit for Tract 4726 may be issued unless there has been an award of residential development management system allotments for the project. When the award is for less than the entire project, grading beyond the immediate area of the lots for which the applicant proposes to utilize the allotments shall only be allowed in accordance with the following: a. The developer executes, in a form approved by the City Attorney, a waiver of any claim of a vested right to be exempt from Measure F a result of grading beyond the area for which the allotments have been awarded and an acknowledgement that the developer assumes any risks that may result from commencement of grading prior to the award of allotments for the entire project; and b. The applicant has been awarded allotments for at least 15 percent of the number of non-exempt residential dwelling units, in which case the grading may be carried out for the entire project. Prior To Final Map Approval, The Following Conditions Shall be Satisfied 17. Prior to final map approval, the developer of Tract 4716 shall obtain residential development management system allotments for all residential lots. 18. 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. 19. Condition 19 was trandered to page 12 and is now referenced as twnditfon 71(A). 20. The subdivider shall obtain a "District Release" from the Calleguas Municipal Water District and Waterwork's District No. 1. Applicant shall be required to comply with Ventura County Waterwork's Rules and Regulations, including payment of all applicable fees. 21. 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. 22. The applicant shall pay Quimby (park and recreation) Fees consistent with City Ordinance No. 6. K.I 23. Covenants, Conditions, and Restrictions (CC&R's) establishing a Homeowners' Association for the proposed division shall be prepared and shall identify the maintenance responsibilities of the Homeowners' Association including, but not limited to, the following: Maintenance of all streets and common - shared driveways, all storm drains and channels, the landscaped entry areas, the landscaping along the Arroyo Simi and western landscaping buffer adjacent to Maureen bane, any slope directly affecting drainage or street facilities, and any identified maintenance areas. Should the Homeowner's Association fail to maintain in a satisfactory manner, these components of the project or any portion thereof. these Irk componentr, or portion thereof, shall be annexed, at the Citys option, to a City Assessment District. The total cost of any Assessment District so established shall be borne by the lot owners within Tract No. 4726. Prior to approval of the Penal Map, an easement covering all areas to be maintained by a Homeowner's Association shall be irrevocably offered to the City for maintenence purposes. 24. The CC&R's shall include all Tentative Map editions of approval which have been identified for inclusion in the CC&R's, and shall be submitted to the Director of Community Development and City Attorney for review and approval prior to Final Map approval by the City Council. Tentative Map conditions of approval shall be highlighted in the copies of the CC&R's submitted for City review. Prior to sale of any lots, the CC&R's shall be approved by the State Department of Real Estate and then recorded. 25. The applicant shall be required to pay all costs associated with City Attorney review of the project CC&R's prior to final map approval. 26. The Homeowners' Association may modify the CC&R's only to the extent that they do not conflict with the terms of approval of the Tentative Map. Further, the Homeowners' Association shall enforce the CC&R's. 27. The CC&R's shall include a requirement that any future residential units constructed in the subdivision shall comply with Chapter 2 -53 of Part 2 and Chapter 4-10 of Part 4, of Title 24 of the California Administrative Code. 28. The CC&R's shall include a requirement that ultra -low water consumption plumbing fixtures shall be installed consistent with City Ordinance No. 132. The CC&R's shall also include a requirement for the following energy saving devices:, a. Stoves, ovens, and ranges, when gas fueled, shall riot have continuous burning pilot lights. b. All thermostats connected to the main space heating source shall have night setback features. C. Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. 29. A fencing, perimeter, and privacy barrier wall plan (complete with related landscaping details) identifying the materials to be used and proposed wall heights and locations shall be submitted to and approved by the Director of Community Development. The approved fencing and barrier wall plan shall be incorporated into the CC&R's. All fencing and barrier walls along lot boundaries shall be in place prior to occupancy. The barrier wall along the western property boundary adjacent to Maureen I.ane shall be completed in its entirety prior to occupancy of any unit along the westernmost cul -de -sac in the development. -5- 29(A). Shilgic and aultMhmily malts shaft comply with all pertinent We 24 and Unifawr Building Code conditions reprding bandicapptd access and fadlltles. 30. The CC&R's shall include language requiring that no structures, walls, or fences shall be erected which impede or restrict sleet flow of drainage between lots. 31. The CC&Ws shall include language prohibiting use of wood or asphalt shingles as roofing materials for residential structures. 32. The applicant and his successors, heirs, and assigns shall remove any graffiti within ten (10) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. 33. The Final Map shall indicate all trail and landscaping easements shown on the Tentative Map. The minimum width of said easements shall be 10 feet. With the exception of the easement along the western project boundary adjacent to Maureen Lane, all said easements shall be deeded to the Homeowners' Association. 34. Concurrent with recording of the Final Map, the applicant shall dedicate a ten foot landscaping easement along the western perimeter of the proposed project to provide a buffer from adjacent development along Maureen Line- The he ownership of this easement shall be tramSer ed to the individual ownerships along Maureen pane. The easement shall include restrictions to prevent any an of this dedicated area for purposes other than landscaping. In addition, to assure the privacy of existing adjacent homes along the western perimeter of the development, second story windows will be no lower than sir (6) feet from the second story line to prevent views into the yards of the Maureen Lane homes. Properties subject to this restriction will be deed restricted to prevent dumges to this window, limitation and these restrictions shall also be incorporated into the CC&Rs for the project. 35. Prior to Final Map approval, the applicant shall make a contribution of 53000 per unit to the City which will be used to fund public street or traffic improvements which would be directly or indirectly impacted by project generated traffic. C9 Prior to Final Map Approval, The Following Conditions Shall be Sat s&&- 36. a. The applicant shall submit to the City 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. Cut or fill slopes shall be no steeper than 2:1 (horizontal vertical). Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. L An erasion control plan shall be submitted for review and approval If grading is to occur between October 15th and April 15th. Along with the erosion control measures, hydroseediog of all graded slopes shall be required (to the degree feasible) within 60 days of completion of grading. C. All haul routes shall be approved by the City Engineer. On -site haul routes shall be limited to graded areas only. 37. a. The applicant shall submit to the City for review and approval, a detailed soils and geotechnical report prepared by both a civil engineer and a geotechnical engineer registered with 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. b. Review of the soils and geotechnical report by the City's geotechmeal consultant may be required by the City Engineer. If so, the applicant shall reimburse the City for all consultant review costs including the City's administrative costs. 38. a. The applicant shall submit to the City for review and approval, street improvement plans prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. Any necessary right -of -way required to complete the improvements will be acquired by the applicant at their expense. b. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and sipping, paving, and any necessary transitions to the satisfaction of the City Engineer. C. To provide for secondary access, the applicant shall construct Unidos Avenue improvements to conned the project site with Liberty Bell Road. The right -of -way and improvements shall be designed and constructed as an interim measure, with additional right -of -way and improvements to be provided in the future by the adjacent developer. The applicant shall execute a reimbursement agreement with the City to receive reimbursement from the developer of the adjacent parcel at the time of development of the adjacent parcel. d. The applicable Ventura County Road Standard Plates are as follows: 1. Unidos Avenue shall be per Plate B-4A. 2. Unidos Avenue (offsite) shall be per Plate B -313, modified to provide 28 feet of paving within 36 feet of right -of -way as an interim facility. 3. "A ", "B ", "C", "D ", "E ", "F, and "G" courts shall be per plate B -513. -7- 39. The applicant shall demonstrate to the satisfaction of the City Engineer that each building pad has adequate protection from a 100 -year storm and feasible access during a 10 -year storm. 40. The applicant shall submit to the City for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer. The applicant also shall enter into an agreement with the City 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 areas, sumps and drainage courses. The project drainage plan shall provide the necessary improvements to eliminate the ponding along the south side of Las Angeles Avenue between Shasta Avenue and Maureen Lane. The Project drainage improvements and street improvement plans shall provide for the ultimate disposal of all run -off flows over this stretch of roadway. Hydrology shall be per current Ventura County Standards except as follows: a. all catch basins in sump locations shall be designed for a 50 -year storm; b. all catch basins on continuous grades shall be designed for a 10 -year storm; C. all catch basins in a sump condition shall be designed such that the depth of water at intake shall equal the depth of the approach flows; d. all culverts shall be designed for a 30 -year storm; e. drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; L for a 10 -year 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. g. 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 applicant. 41. The applicant shall submit to the City and the Ventura County Flood Control District ( VCFCD) for review and approval, bank protection plans for the Arroyo Simi prepared by a registered civil engineer, shall enter into an agreement with the VCFCD to complete the improvements and shall post sufficient surety guaranteeing the completion of the improvements. The bank protection improvements shall include raising the north levee as necessary in order that an ultimate discharge of 25,400 cfs is contained in the Arroyo Simi with three feet of freeboard. The improvements shall extend from Tract 4147 (Villa Campensina) to west of Maureen lane whereby all properties within this distance shall be protected from this design discharge. S ?.J The bank protection plans shall address: a. Whether the existing toe rock must be increased if the north or south levees are raised. b. Whether there will be any change to the water surface elevation due to the additional rip -rap to the toe rock and to the top of the levees. c- The impact of any change to the water surface elevation on the proposed Arroyo Vista Park and High School property on the south side of the Arroyo Simi shall be mitigated in accordance with City, FEMA, and VCFCD requirements. d. How the shallow flooding from the property to the east of the project site should be contained and conveyed to the Arroyo Simi. 42. The applicant shall submit to the City and the Water Works District No. I for review and approval, sanitary sewer plans for the replacement, encasement and /or protection of the existing 27 inch sanitary sewer line located within the north bank of the Arroyo Simi The plans /analysis shall be prepared by a registered civil engineer. The applicant shall enter into an agreement with the Water Works District to complete the improvements and shall post sufficient surety guaranteeing the completion of the improvements. 43. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City Engineer. 44. The applicant stall make a special conhibutiw to the City In the amount of 59,090, which represents its 45% share of the total costa of mitigation Improvements to the Spring Road - New Los Angeles Avenue laterscetioa. This contributive represents the total contribution for Tract 4726 and Tract 4738. 45. The applicant shall submit to the City and Caltrans for review and approval, a traffic signal plan for the intersection of Goldman Avenue - Los Angeles Avenue, prepared by a registered civil engineer, shall enter into an agreement with the City to complete these improvements; and shall post sufficient surety guaranteeing completion. The applicant shall also enter into a reimbursement agreement with the City, whereby the applicant will be entitled to receive 50% reimbursement of the costs associated with the traffic signal construction. If the traffic signal is deemed warranted and construction is permitted by Caltrans, the signal shall be operational prior to any occupancy. If construction of the signal is not allowed by Caltrans at the time of the applicant's request for occupancy, the applicant shall deposit 125% of the total estimated construction cost with the City. The required bond for this signal can be exonerated if the cash deposit is provided to the City. This construction cost shall include associated engineering, construction inspection and administration costs. This cash deposit does not relieve the applicant from constructing the signal. The applicant shall construct the signal upon receiving Caltrans permission to do so. 46. The applicant shall make a special contribution to the City to the amount of $15,150, whkh represents its 75% share of the total costs of mitigation improvements to the intersection of Los Angeles Avenue - Moorpark Avenue. This contribution represents the total contribution for Tract 4726 and Tract 4738. Cif 47. The applicant shall nalm a special contribution to the City In the amount of $1,725, whicb rep "ats its 4A% afire of the total costs of nitipatfon improves ats to the Spring Read - High Street intersection. This contribution repreeents the total contribution for Tract 4726 and T1cact 4738. 48. The applicant shall deposit with the City a contribution for the Los Angeles Avenue Area of Contribut ion. The actual deposit shall be the then current Los Angeles Avenue Area of Contribution rate at the time of final map approval. If previous payment of this contribution can be demonstrated to the City's satisfaction, this condition shall be waived. 49. The applicant shall indicate in writing to the City Engineer, the disposition of any water well or any other well that may exist within the project. If any wells are proposed to be abandoned, or if they have been abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372 and any applicable Division of Oil and Gas requirements. 50. The applicant shall transmit (by certified mail) a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State of Subdivision Map Act to each public entity, or public utility that is an easement holder of record. Written compliance shall be submitted to the City Engineer. 51. 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 (such as the construction of Unidos Avenue, the proposed trail along Arroyo Simi, or other applicable undertakings), 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 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 664625; 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 1250310 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; 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, attorneys fees and overhead expenses) of acquiring such an interest in the land. 52. The applicant shall pay all energy costs associated with street ligbting for a period of one year from the initial energizing of the street lights. 53. The applicant shall post sufficient surety guaranteeing completion of all improvements which revert to the City (Le., landscaping, parks, fencing, etc.) or which require removal (i.e., model homes, temporary debris basins, etc.). -10- In Cogjunctim with Final Map Approval, the Fallowing Coadideas Shall be Saddkd 54. The applicant shall offer to dedicate on the Final Map to the City of Moorpark for public use, a. all right-of-way for public streets as shown on the Final Map; b. the offa to right -of -way for Unidos Avenue between the project site and Liberty Bell Road; and C. any portion of right- of-way for the proposed trail along the Arroyo Simi not located within existing flood control easements. 55. The applicant shall dedicate on the Final Map to the City of Moorpark, public service easements as required. 56. The applicant shall delineate areas subject to flooding as a "Flowage Easement• and then offer the easements for dedication to the City of Moorpark on the final map. Lot to lot drainage easements, flood hazard areas and secondary drainage easements shall also be delineated on the Map. Assurance shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. Prior to Zone Ckaranue, the Following Conditions Shall Apply: 57. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of a watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the new 10, 50, 100 and 500 year flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. A conditional letter of map revision (if required by FEMA) shall be provided to the City prior to zone clearance. The applicant will be responsible for all costs charged by the FEMA and the Citys administrative costs. During connirwrction, the following conditions shall apply: 58. 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. 59. The applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit for any construction activity within the Ventura County Flood Control District right- of-way and a Streamcourse Alteration Permit for any work within portions of the Arroyo Simi subject to the jurisdiction of the Corps of Engineers. 60. The applicant shall construct all necessary drainage facilities, including brow ditch and slope bench drainage channels, with a permanent earth tone color so as to minimize visual impacts. Said color shall be submitted to and approved by the Planning Director as part of the grading plans. 61. An 18" slough wall shall be constructed directly behind the back of the sidewalk where slopes over four feet are adjacent to sidewalk so as to reduce debris from entering streets. -11- 62. 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 Five Department, the Sheriffs Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. Contaminated or hazardous soil as defined by Department of Health Services may not be used for on -site soil fill or roadway subgrade unless the Department of Health Services determines in writing, that said material has been treated to a level that is no longer considered a public health risk or requires public disclosure by the Department of Real Estate. Any contaminated or hazardous soil shall be removed to an approved landfill. 63. Where roads requiring four or more inches of pavement are to be built, the applicant shall construct the required street sett minus one -inch of paving as an interim condition until all utility cuts or trenching are completed. The final one -inch cap of asphalt shall be placed after all necessary trenching is completed. 64. No trees with a trunk diameter in excess of four inches shall be trimmed or removed without prior approval of the Director of Community Development. Prior to occupancy, the following conditions shall be satisfied 65. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of this condition. 66. The Los Angeles Avenue - Goldman Avenue traffic signal shall be operational prior to any occupancy. If construction of the signal is not allowed by Caltrans at the time of the applicant's request for occupancy, the applicant shall deposit IZ% of the total estimated construction cost with the City . The required bond for this signal can be exonerated if the cash deposit is provided to the City. This construction cost shall include associated engineering, construction inspection and administration costs. This cash deposit does not relieve the applicant from constructing the signal. The applicant shall construct the signal upon receiving Caltrans permission to do so. 67. The construction of the extension of Unidos Avenue east of the project boundary to provide a connection with Liberty Bell shall be completed to provide secondary access to the project site from liberty Bell Road. Any direct expenses incurred by the developer relating to the construction of pavement, curb, gutter, sidewallr, traffic signal or right -of -way acquisition along Unidos Avenue east of the project boundary shall be reimbursed by the future developer of the adjacent property (or properties) where this extension is constructed. The City will enter into an agreement with the developer of Tract No. 4726, agreeing to condition the future developer of the adjacent property (or properties) where the Unidos extension is constructed to reimburse the developer of Tract No. 4726 for all expenses related to this extension. The agreement will be prepared by the developer of Tract No. 4726, subject to review and approval by the City. The developer shall pay for the City's legal review and any additional expenses necessary to complete the reimbursement agreement. 67(A). The following oRaite Improvements along Lm Angeles Avenue shall be completed: full paveout shall be provided along the south aide of I.os Angeles Avenue between the easterly project boundary and Uberly Bell Road, between the western project boundary and Belltramo Road, and full intersection improvements (which may Include curb and gutter and sidewalks west of Maureen Lane) to correct the drainage problem that exists at Maureen Lane and Los Angeles Avenue. These improvements may require the acquisition of some right -of -way. 12- Prior to acceptance of pr6Ye improved and bend moneratian, the fallowing conditions shall be satisfied: 68. Sufficient surety guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance by the City Council. 69. Original "as- built" plans will be certified by the appficant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as- builts" in a series of 22" X 36" mylsrs (made with proper overlaps) with a title block on each sheet. Submission of "asbuiM" plans is required before a final inspection will be scheduled 70. Reproducible centerline be sheets shall be submitted to the City Engineer's office. 71. The applicant shall file for a time euension with the City Engineer's office at least sic weeks in advance of expvation of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 71(A). All proposed willides shall be andergroanded to the nearest off -site utility pok. All existing utilities shall also be undergrounded to the soonest of -site utility pole wMi tie esception of 66 HV or urger power Maw. Tics requirement for andergoundiog includes all above- ground power poles on the pr*d site as well as those along the floatage of tie site In the Caltraws right -of -way. The andergroundiog of utilities mast be accomplished prior to final map approval. General Requkrtments 72. The applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations ". Prior to Grading Permit Approval, the Following Condition Shall be Satisfied: 73. The Final Drainage Study shall be reviewed and approved by the County of Ventura Flood Control and Water Resources Department. Prior to Final Map Approval, the Fallowing Condition Shag be Sad&& 74. A school bus turn -out shall be provided on the south side of Los Angeles Avenue. The design of this turn -out shall be approved by the School District prior to grading permit approval. -13- 75. Access roads shall be installed with an all weather surface, suitable for access by free department apparatus. A minimum clear street width of 36 feet shall be provided. 76. The access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Bureau of Fire Prevention. 77. When only one (1) access point is provided, the maximum length of such access shall not exceed 800 feet. 78. A secondary access road shall be provided to the development. 79. Prior to recordation of street names, proposed names shall be submitted to the Fire Department- Communicstiods Center for review. 80. Street signs shall be installed prior to occupancy. All street names shall be approved by the City Council after review by the Fire Department. 81. Address numbers, a minimum of 4 inches (4 ") 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 setback more than 150 feet (150') 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. 82. A minimum fire flow of 1,000 gallons per minute shall be provided at this location. 83. 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. Existing hydrants on plan within 500 feet of the development shall be shown on the plan. 84. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards 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. 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 24 inches on center, recessed in from the curb face. 85. Any structure greater than 5,000 square feet in area and/or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #t14. 86. All grass or brush exposing any structure(s) shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. -14- 87. An approved Underwriters Laboratory (UL) spark arrestor shall be installed on the chimney of any structure(s). MOORPARK POLICE DEPARTMENT CONDMONF 88. A licensed security guard is required during the construction phase, or a 6-foot high chain fence shall be erected around the construction site. 89. Construction equipment, tools, etc., shall be properly secured during non - working hours. 90. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 91. Address numbers shall be a minimum of 6 inches in height and illuminated during the hours of darkness. 92. All exterior doors shall be constructed of solid wood core a minimum of 1 and 3/4 inches thick. 93. Doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the lotting bar or bolt extending into the receiving guide a minimum of 1 inch. 94. 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 window cannot be lifted from the track when in the closed or locked position. 95. Every residential unit in the tract shall have locks using combinations which are interchange free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies. Some of the following mitigation conditions have been incorporated into the recommended City Engineer conditions listed above. Duplicated conditions mcluded m revised format in the City Engineer Conditions wr indicated in italics. EnAronaaeatal Quality Monitoring Program 96. Prior to issuance of any zoning clearance for the Westland project, the applicant shall fund the appointment of an Environmental Quality Assurance Monitor for the project. The monitor shall be selected by and contracted with the City; this monitor shall be financially and professionally independent of the developer. This monitor shall be under contract full time for the duration of the construction period during which all roads, rough and finish grading, and utilities are installed. Monitoring would be periodic following the completion of these phases of construction. Monitoring shall begin with the initiation of pre - construction demolition and be terminated when all landscaping mitigation measures have been implemented and been field verified The monitor shall be responsible for all mitigation measure enforcement and compliance with monitoring reporting requirements. -15- Traene and Cir culatloa 97. Goldman Avenue /Loa Angeles Avenue Signahza6on and Improvements - A traffic signal shall be installed at this location prior to occupancy of the proposed project The West land development shall be responsible for paying for 50% of the cast of this new signal (about ,150,000). In addition to this sWWaadon, the south side of Las Angeles Avenue shall be unproved to uWnate planned width along the project frontW This segment shall be striped for lane markings consistent with existing trait movements (incbrdmg a westbound kft turn lane). Northbound and southbound Goldman Avenue shall be striped for separate left and right gum lanes. 9R Spvtg Road/New Las AWW Avenue - The City of Moorpark is currently coordinating an intersection improvement project at this location which would require right-of %W acquisition, widening to allow installation of additional northbound and southbound kft turn lanes and provision of additional easibamd and watibaand through lanes, (whtk retaining all other existing lanes). The proposed developnent shall be required to participate in a cost - sharing allocation for this improvement (estimated to be about $9000 or 4.5% of the total uttersection reconstruction cost). 99 Spring Road & Los Angeles Avenue High Street - No feasible mitigation is available to tmpme this interection to acceptable kwels of service due to the limits of existing npW-of -way and development. Some improvements to LOS at this location can be achieved by resblping Spring Road to provide 1 northbound runt turn lanes and a combined northbound through -kft turn lane. The projects prorota share of dus improvement is estimated to be about $1500 or 4% of the total improvement cost. 100. Moorpadc Avenue at Los Angeles Avenue - The applicant shall cantnbuie to funding improvements at this intersection to mitigate both project specific and cumulative effma. The intersection should be redeagned to provide a northbound left ban, through and right turn lane, two eastbound left turn and three through lanes, one left burn and three through lanes westboia:4 and one left ami, one through -kft and one tight tun lane on the southbound approach. The applicanPs contribution to the improvement of this intersection is estimated to be about $15;000 101. The applicant shall contribute to the Las Angeles .Avenue Area of Contribution. The actual contribution shall be the adopted fee at the time official map approval. Air Quality Construction Emissions 102. The applicant shall assure that contractors properly maintain and operate construction equipment and use direct injection diesel engines or gasoline powered engines if feasible. 103. The applicant shall assure that contractors water exposed graded areas on a daily basis. 104. Dust generation produced during grading shall be suppressed by the following activities: a. All exposed soil areas shall be sprinkled with water at least once an hour during grading operations. b. All trucks importing fill to the site shall use tarpaulins to cover the load and shall operate between the hours of 9 am. to 4 p.m. on weekdays only. -16- C. All active portions of the constructer sites shall be sufficiently watered to prevent excessive generation of dust. d. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. C. All grading and excavation operations shall cease during periods of high winds. E On -site vehicle speed shall be limited to no more than 15 miles per hour. Emissions Associated with New Residences 105. The appiicaut shall contribute $45,490 in air quality mitigation fees to the City of Moorpark. These funds shall be used at the CSty+s discretion to pay for programs designed to reduce emissions in the local airshed. Flood Hazards 106. Channel bank protection along doe Arroyo Sind conforming to County Flood Control District nq ernerits shall be incorporated into the project design. The channel bank protection plan shall address (1) whether the existing toe rock must be increased if the north or south levees are raised, (2) whether there will be any change to the water surface elevation due to the additional rip -rap to the toe rock and to the top of the levees, (3) the impact of ary charW to the water surface elevation on the proposed Arroyo Vuta Pak and High School property on the south side of the Arroyo Simi shall be mitigated in accordance with FEMA and VCFCD requirements, and (4) how the shallow flooding from the property to the east of the project will be contained and conveyed to Arroyo Simi. AU Flood Control District recommendations shall be incorporated into project burns plans prior to issuance of grading permits and the recommended mitwoon measures shall conform with City Ordinance No 100 requirements regarding pad elevations and protection from a 100yearstorm. 107. Reinforcement of the existing sewer line (in the vicinity of the proposed km reconstruction) shall be completed to achieve compliance with County Flood Control and Engineering standards. In consultation with County Flood Control and Waterworks District 1, a final design solution for this problem shall be derided upon prior to issuance of building permits. The final design conftguaation shall be acceptable to the sewer line owner of record Geologic Hazards 108 The design mitigations recommended by the Votechniad consultants shall be incorporated into the project working drawings. The City Engineer shall verify that all design measures are accounted for in the building plans prior to issuance of any Building Permits for the project Specific design measures are provided in the EIR Technical Appendix (Buena Engineers 1990 9- 12). Biological and Botanical Resources 109. A riparian woodland planting program shall be required along the Arroyo Simi within and adjacent to the project boundary. This planting plan should be designed to provide a nearly continuous canopy of local riparian woodland trees along the Arroyo margin within the project limits. Trees to be planted should include native California broadleaf trees (Sycamore, Box Elder, Elderberry, Cottonwood, Alder, and other selected species). -17- Public Services 110. The new elementary school currently under construction in the project vicinity shall be completed and operating price to release of the Certificates of Occupancy for the Westland housing project. 111. The project applicant shall pay required school fees to the Moorpark Unified School District prior to issuance of Building Permits. J mg Term Water Sunnly 112 Low water consumption toilets, showers, faucets and eaterror landscaping drip irrigation systems shall be required. 113. Kitchen cabinets shall be configured to enable installation of low water demand water conserving dishwashers and washing machines. All hot water lines sham be insulated 114. Adequate room shall be planned in utility right -of -ways for installation of reclaimed water pipelines to service open space landscaped areas, streetscape landscaping, and open space residential greenbelt areas. Noise 115. Any required noise reduction walk along internal circulation roads or along the northern perimeter of the proposed project shall be constructed to conform with requirements presented in the Noise Technical Report (Walker -Cekno 1990) prepared for the project. Now barrier locations and designs sham be reviewed and approved by the Community Development Department prior to issuance of Zoning Clearance. Hazardous Materials 116. Prior to issuance of grading permits, the applicant shall submit a report to the Community Development Department demonstrating compliance with all remedial actions recommended in the Phase II Hazardous Materials Assessment. In addition, an environmental engineer should monitor the demolition of emstiog industrial facilities on the property and if significant hazardous material contamination is observed or detected, remedial actions shall be required. -I&