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HomeMy WebLinkAboutRES 1991 243 0617Resolution of Approval for Tract 4736 Resoludoa No. PC-91 -243 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE TRACT NO. 4738 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 4738 and related RPD Permits 90.2 and 90-3 to allow subdivision of a 10.47 acre site and development of 175 multi- family housing units on this property (zoned R -1 -13) 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 Planning 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 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, 664735, 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. -11- Resolution No. PC -91 -243 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. H 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. 4738 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. J an o e Commission ATTEST: Celia La Fleur Secretary Exhibits: (1) Statement of Overriding Considerations (2) Conditions of Approval -12- EXHIBIT 1 STATEMENT OF OVERRIDING CONSIDERATIONS 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 15091 of the State CEQA Guidelines, the following findings are recommended: (1) Changes or alternations have been required in the project wbhli avoid or substantially kasen the significant eaviaormentai drects 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 team 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 jarisdication of another public agency and not the City of Moorpark include effects wastewater treatment capacity effects on traffic circulation, cumulative effects on air quality 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 specific effects on local intersections, road capacity, and safety can be fully offset through the payment of fees, 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 cidension of Umdos Avenue, signal installation, creation of a bus 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 offsee 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. U3=5 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 maximum euent feasible through implementation of recommended mitigation measures. Applicable CEQA findings to Findings 1, 2, and 3. Cuumbdive Ends on Educational Facilities Funding for educational programs and facilities 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 farther mitigation planning an be done on the part of the applicant to solve this cumulative problem. Applicable CEQA findings haclnde Findings 2 and 3. in adopting a Statment of Overriding Coudderatlens, the decision- makers should also recognize that the proposed project provides affordable moderate income housing for the community and substantial offsite transportation improvements. These benefits significantly offset the project's contribution to cumulative traffic, air quality, and educational problems in the Qty . OF APPROVAL Tntative Trad No. 4738 A MoN F000k ReaideMW Development Related Appoadjon and Conditions: Residential Planned Development Permits W2 and 90-3 1(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 Genual Plan Amendment and Rezone approvals shall be subject to fan impie sentation of the proposed Affordable Housing Agreement. ff the terms and conditions of this Agreement are not carried out is fail in the implementudon of the p vjec , 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 ass designations with the existing designations on the property. 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. Recordation of this subdivision shall be deemed to be acceptance by the property owner of the conditions of this Map. 4. 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. 5. 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. 6. 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. 7. If any of the conditions or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. -33- 8. 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 attorney's fees which the City may be required by a court to pay as a result of any such action. The City, may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve applicant of his obligations under this condition. 9. The development shall be subject to alt applicable regulations of the zone designation for the prey. 10. No Zoning Clearance shall be issued for any building construction until the Final Map has been recorded. Prior 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. 11. The Tentative Map shall expre 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. Prior to Grading Pavan Approval, the Following Conditions Shall be Satlseed 12. 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. 13. 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. 14. 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. Backflow preventers, transformers, or other exposed utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. -34- C. The final design of all recreational features shall be included as part of the final landscape plans submittal, and shall be subject to the approval of the Community Development Director. d. 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 privaey of the adjacent single- family neighborhood along Maureen Lane. Trees shall be a minimum of 15 gallon or 24 inch boot size in order to provide screening in a short time period. Recommendations regarding planting included in the EIR shall be incorporated to the degree feasrble into the screening plan. The size Of trees to be planted shall be sullied to approval by the Director of Community Development. e. All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance; all pedestrian walkway plans shall be subject to Director of Community Development design approval. f. Any turf plantings associated with this project shall be drought tolerant, low -water using variety. tl• Landscaping at site entrances and exits, parking lot entrances or 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. It. A coordinated tree planting program shall be developed which will provide a dominant street tree within each component of the development. Dominant street trees shall vary between residential buildings to provide aesthetic diversity within the development. L Plantings in parking areas shall be contained within raised planters surrounded by six - inch high concrete curbs. j. Parking areas shall be screened from view through the use of landscaping and afoot tall berms and /or a low wall. k. 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. 1. 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 Lane. The fee ownership of this easement shall be transferred to the individual ownerships along Maureen Lane. The easement shall include restrictions to prevent any use of this dedicated area other than landscaping. m. 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. -35- 15. The applies shall submit a plan for review and approval of the Director of Community Development which identifies how compliance with the utilities undergroundimg requirement will be met. 16. Willies two days after City Council adoption of a resolution approving Tentative Tract Map 4738, the applies shall submit to the City of Moorpark a check for $875, payable to the County of Ventura, to comply with the Assembly Bill 3158. Pursuant to Public Resources Code action 210NO) and Fish and Game Code section 711.4(c), the project is not operative, vested or final until the filing fees are paid. 17. No grading permit for Tract 4738 may be issued unless there has been an award of residential development management system allotments for the project. When the award is for less than the coh a project, grading beyond the immediate area of the lots for which the applicant proposes to utilize the allotments shall only be allowed in accordance with the following: a. The developer exewrte$, in a form approved by the City Attorney, a waiver of any claim of a vested right to be exempt from Measure F a 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. With the receipt of 15% allocation, grading may proceed in phases delineated by the developer. Grading of the first phase may commence once the necessary allotments for that phase have been awarded. Grading of the second phase and each phase thereafter may commence once 75% of the necessary allotments for the preceding phase have been awarded. Prior To Final Map Approval, The Following Conditions Shall be Saddled: 18. Prior to final map approval, the developer of Tract 4738 shall obtain residential development management system allotments for all residential lots, excluding the remainder parcel. 19. 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. 20. All proposed utilities shall be undergrounded to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 67 KV or larger power lines. This requirement for undergrounding includes all above -ground power poles on the project site as well as those along the frontage of the site in the Caltrans right -of -way. The undergrounding of utilities must be accomplished prior to find map approval. 21. 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 Waterworks Rules and Regulations, including payment of all applicable fees. -36- 22. At the time water service connection is made, cross connection control devices shall be intta0ed on the water system in a manner approved by the County Waterworks District No. 1. 23. The applicant shall pay Quimby (park and recreation) Fees consistent with City Ordinance No. 6. 24. Covenants, Conditions, and Restrictions (CC&R's) establishing a Homeowners' Association for the proposed division shall be prepared and shall identity 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 surrounding the water tank(s), any slope directly affecting drainage or street facilities and any dams (collectively "Man temnce Areas7. Should the Homeowner's Association fail to maintain the Maintenance Areas, or any portion thereof, in a satisfactory manner, the Maintenance Areas, or portion thereof; shall be annexed, at the Cdys option, to a City Assessment District. The total cost of the maintenance provided by the Assessment District Shall be borne by the lot owners within tract 4620. Prior to approval of the Final Map, an easement covering the Maintenance Areas shall be irrevocably offered to the City for maintenance purposes. 25. The CC&R's shall include all Tentative Map conditions of approval which have been identified for inclusion in the CC&R's, and shall be submitted to the Director of Community Development and City Attorney for review and approval prior to Final Map approval by the City Council. Tentative Map conditions of approval shall be highlighted in the copies of the CC&R's submitted for City review. Prior to sale of any lots, the CC&R's shall be approved by the State Department of Real Estate and then recorded. 26. 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. 27. 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. 28. 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. 29. The CC&R's shall include a requirement that ultra -low water consumption plumbing fixtures ues 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 not have continuous burning pilot lights. b. All thermostats connected to the main space heating source shall have night setback features. C. Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. BYE 30. A feaoog, 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 properly boundary adjacent to Maureen Lane shall be completed in its entirety prior to occupancy of any unit along the westernmost cul-de -sac in the development. 31. The CC&R's shall include hum requiring that no structures, walls, or fences shall be erected which impede or restrict sheet flow of drainage between lots. 32. The CC&Ws shall include language prohibiting use of wood or asphalt shingles as roofing materials for residential structures. 32(A). Suds add maltldamgy ddb d wH comply with all pertinent Title 24 and Uniform BuBding Code conditions regarding handicapped access and facilities. 32(B). The CC&Rs shall prohibit any excessive noise generating activities in garages. Garages shall not be used for residential purposes. 32(C). The CC &Rs shall estabWA occupancy standards for two and three baboons alts. These standards sball be designed to prevent crowding or wppropiabty huge number of persons from residing h a unit. 33. 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 . 34. 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. 35. Prior to Final Map approval, 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 Lane. The fee ownership of this easement shall be transferred to the individual ownerships along Maureen Lane. The easement shall include restrictions to prevent any use of this dedicated area other than landscaping. 36. Prior to Final Map approval, the applicant shall make a contribution of $3000 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. The ninety (90) affordable units are exempt from this requirement. Prior to Final Map approval, the following conditions shall be satisfied, 37. 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 shag be no steeper than 2:1 (horizontaLvertical). Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. b. An erosion 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, hydroseedisg of all graded slopes shall be required within 60 days of completion of grading. c All had routes shill be approved by the City Engineer. On -site haul routes shall be limited to graded areas only 38. a. The applicant shall submit to the City for review and approval, a detailed soils and geotecLoical report prepared by both a civil engineer and a geotechnical engineer registered with the State of California The report shall include a geotechnical mvestipUOn 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 soi4 and ®eoterbniral report by the City's geotechoical consultant may be required by the City Engineer. If so, the applicant shall reimburse the City for all costs including the Citys administrative costs. 39. 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 signing paving, and any necessary transitions to the satisfaction of the City Engineer. C. The applicable Ventura County Road Standard Plates are as follows: 1. Los Angeles Avenue shall be per Plate B -2A. 2. Goldman Avenue shall be per Plate B-4A. 3. Unidos Avenue (onsite) shall be per Plate B-4A. 4. Unidos Avenue (offsite) shall be per Plate B -3D, modified to provide 28 feet of paving within 36 feet of right - of-way as an interim facility. 40. To provide for secondary access, the applicant shall construct Umdos 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 by the adjacent developer in the future. 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. 41. 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. 42. The applicant shall submit to the City for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; 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: -39- Quantities of water, water flow rates, major water courses, dramage areas and patterns, diversions, collection systems, food hazard areas, sumps and drainage courses. 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; Q 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 cuherts -shall be designed for a 100 -year storm; e. drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; E 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. 43. The project drainage plans shall provide the necessary improvements to eliminate the ponding along the south side of Los 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. 44. 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. 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 too rock and to the top of the levees. -40- C. The impact of say dump to the water surface elevation on the proposed Arroyo Vista Park and IGgY School property on the south side of the Arroyo Simi shall be mitigated in accordance with FIRMA and VCFCD requirements. d. How the shallary fbodiog Gram the property to the east of the project site should be contained and conveyed to the Arroyo Sinu. 45. The applicant shall submit to the City and the Water Works District No. 1 for review and appal, saintary sewer plan for the replacement, encasement and /or protection of the emtieg 27 inch sanitary sewer hoc 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 a agreement with the Water Works District to complete the improvements and shall post efficient surety guaranteeing the completion of the improvements. 46. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City Engineer. 47. The applicant sball make a special contribution to the City is the amount of 59,090, much represents its 4J% share of the total casts of mitigation imprsvessents to the Spring Road - New Las Angels Avenue intersection. This contribution represents the total contribution for Teat 4726 and Tract 4730. 48. 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 Caltraus at the time of the applicant's request for occupancy, the applicant shall deposit 125;6 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. 49. The applicant shall make a special contribution to the City is the amount of $15,M, which represents its 7.5% share of the total costs of mitigation Improvements to the intersection of Las Angeles Avenue - Moorpark Avenue. This contribution represents the total contribution for Tract 4726 and Tract 4730. S0. Tie applicant shall make a special contribution to the City in the amount of $1,725, which represents its 4.0% share of the total costs of mitigation improvements to the Spring Road - Higb Street intersection. This contribution represents the total contribution for Tract 4726 and Tract 4738. -41- 51. As Wentifcil in the EIR, the proposed driveways onto Goldman Avenue approximately 180 feet south of LAm Angeles Avenue could cause traffic conflicts. The applicant shall mitigate thin potential problem by striping a two -way left turn lane on Goldman Avenue or providing an alternate mitigation satisfactory to the City Engineer and the Director of Community Development. One ahernative mitigation could be to delete the westerly driveway and replace it with an access to Unidos Avenue west of Goldman Avenue. 52. The applicant shall deposit with the City a contribution for the I os Angeles Avenue Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Area of Contrilyation 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. 53. 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. U any wells are proposed to be abandoned, or if they have been abandoned and have ant been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372 and any applicable Division of OR and Gas requirements. 54. 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. 55. 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 tide or interest sufficient for such purposes (such as the construction of Umdos 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 Citys cost ( including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 56. The applicant shall submit to the City Engineer for review and approval, evidence that the CC&R's will include provisions for maintenance of the private on -site sewer and storm drain facilities. 57. 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. -42- 58. The applicant shall pod sufficient surety guaranteeing completion of all improvements which revert to the City (Le, landscaping, parks, fencing, eta) or which require removal (Le., model homes, temporary debris basins, etc.). 59. A meandering sidewalk along the Los Angeles Avenue property frontage shall be was traded, with the precise design and location approved by the City Engineer and Director of Community Development. The following criteria for the design of the meandering sidewalk shall be met: a. Crossfall shall be two percent. b. Sidewalk shall be a minimum of five feet wide at all points. C. The meandering sidewalk shall be contained either within public right- of-way or within an access easement offered to the City . d. The applicant shall agree to maintain the sidewalk and any related landscaping. Io wgjaactlan with Fhwl Map approval, the following conditions shall be satistkd: 60. 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 and b. the offsite right -of -way for Unidos Avenue between the project site and Liberty Bell. 61. The applicant shall make an irrevocable dedication on the Final Map of easements to the City of Moorpark, over all private streets shown on the Vesting Tentative Map for the purpose of providing access to (a) all governmental agencies that provide public safety, health and welfare services or that enforce laws and ordinances, and (b) all members of the public who reasonably need to be vacated over the private streets because of a state of emergency declared by a representative of the City or the Ventura County Fire Protection District. 62. The applicant shall dedicate on the Final Map to the City of Moorpark, public service easements as required 63. 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 dorm water flows. Prior to Zone Clenanee, the following conditions shall apply: 64. 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 City& administrative costs. -43- During construction, the following toad does shall apply 65. 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. 66. The applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit for any construction within Ventura County flood Control District right -of -way. 67. 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 minimi visual impacts. Said color shall be submitted to and approved by the Pluming Director as part of the grading plans- 68. 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. 69. 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 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. 70. Where roads requiring four or more inches of pavement are to be built, the applicant shall construct the required street section 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. 71. 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 condition shall be satisfied 72. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of this condition. 73. 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 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. M0 74. To provide for secondary access, the applicant shall construct Unidos Avenue improvements to connect 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 by the adjacent developer in the future. 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. 74(A). The tollvwtng oRshe issproveneats along Los Angeles Avenue shall be completed: full paveort shag be provided along the south side of Los Angeles Avenue between the easterly project boaudary and Liberty Bell Road, between the western project boundary and Bellhamo Road, and full lateraeetlsn improvements (which may include curb and getter and sidewalks west of Maureen Lane) to cornet the drainage problem that exists at Maareee Laos and Los Angeles Avenue. These improvements may require the acquisition of some tight -of -way. Prior to acceptance of public improvements and bond exoneration, the following conditions shall be satisfied- 75. Sufficient surety guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance by the City Council. 76. Original "as- built" plans will be certified by the applicant'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 72" X 36 ", they must be resubmitted as "as- builts" in a series of 72" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "asbuilt" plans is required before a final inspection will be scheduled. 77. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 78. The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. General Requirements 79. 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 80. The Final Drainage Study shall be reviewed and approved by the County of Ventura Flood Control and Water Resources Department. -45- Prior to Find Map Approval, the Following Condition Shall be Satiseed 81. A school bus t urn -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. 82. A licensed security guard is required during the construction phase, or a 6-foot high chain fence shall be erected around the construction site. 83. Construction equipment, tools, etc, shall be properly secured during non working hours. 84. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 85. Address numbers shall be a minimum of 6 inches in height and illuminated during the hours of darkness. 86. All exterior doors shall be constructed of solid wood core a minimum of 1 and 3/4 inches thick. Front glass door(s) commonly used for entry are acceptable but should be visible to the street. 87. Doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1 inch, 88. 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. 89. 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. WNTURA COUNTY FIRE DISTRICT CONDITIONS 90. All access streets or drives that are 25 feet wide or less shall be posted firelanes, both sides, in accordance with the California Vehicle Code Section 22500.1, and Article 10 of the Uniform Fire Code. 91. The applicant shall provide sufficient proof of the ability to prevent vehicle parking in No Parking" areas and that enforcement can be secured in order that access by emergency vehicles will not be obstructed. 92. Any gates, to control vehicle access, are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. If applicable, it is recommended that the gate(s) swing in both directions. Plans for the method of gate control stall be subject to review by the Fire Prevention Division prior to installation, 93. Prior to recordation of street names, names shall be submitted to the Fire Prevention Division for review. S l! 94. Street dos shall be installed prior to occupancy. 95. Prior to construction, the Wpbca& shall submit plans to the Ventura County Fire Prevention Division for the approval of the location of fire hydrants. show criating hydrants on plans within 300 feet of the development. 96. Fire hydrants shall be installed and in service prior to combustible can and shall conform to the minimum standards of the Moorpark Water Works Manual. a Each hydrant shall be a 6 inch wet barred design and shall have 14 inch and 2 2-1/2 inch outlets. b. The required fire flow shall be achieved at no less than 20 pd residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be 24 inch on center, recessed in from the curb face. 97. The minimum fire flow required shall be determined by the type of building construction, fire walls, and fire protection devices provided, as specified by the ISO Guide for Determining Banked Fire Flow. Given the present plans and information, the required fire now is approm"ely 2,2.50 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. 98. A minimum individual hydrant flow of 1,250 gallons per minute shall be provided at this location. 99. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 100. An approved spark arrester shall be installed on the chimney of any structure. 101. Address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are setback more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. Condo units shall be addressed at front door and at garage. 102 A plan shall be submitted to the Ventura County Fire Prevention Division for review indicating the method in which buildings are to be identified. 103. Portions of this development may be in a high fire hazard area and those structures shall meet hazardous fire area building code requirements. 104. Building plans of public assembly areas, which have an occupant load of 50 or more, shall be submitted to the Ventura County Fire Prevention Division for review. 105. 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 #014. -47- 106. Commercial trash dumpeters and containers with an individual capacity of 1.5 cubic yards or Beater shall not be stored or placed with 5 feet of combustible walls, openings, or combustibic roof eave lines, unless protected by approved automatic fire sprinklers. 107. An address directory map shall be placed at every entrance into the complex. Maps shall show all streets, driveways, building numbers, unit numbers and additional information that would assist in locating individual units. Some of the fallowing mitigation conditions have been incorporated into the recommended City Engineer conditions listed above. DuphWhod conditions included in revised format in the City Engineer Cottdtionns we indicaled in italics. Pavtraamnnalal Quaft Mwitoring Program 108. Prior to issuance of any zoning clearance for the Westland project, the applicant shall fund the appointment of an Environmental Ouality 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 constructicia 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. Traffic and Cloculation 109 Goldman Avenue /Las Angeles Avenue SWutlization and Improvements - A traffic signal shall be installed at this location prior to occupancy of the proposed project. The Wesdand development shall be responsible for paying for 50% of the cost of this new signal (about SSQ000). In addition to this sigrwlization, the south side of Los Angeles Avenue shall be unproved to ultimate planned width along the project frontage. This segment shall be striped for lane markings consistent with casting traffic movements ('including a westbound left turn lane). Northbound and southbound Goldman Avenue shall be striped for separate left and right turn lanes. 110. Spring RoadlWew Las Angeles Avenue - The City of Moorpark is currently coordinating an intersection improvement project at this location which would require right-of-way acquisition, widening to allow installation of additional northbound and southbound left turn lanes and provision of additional eastbound and westbound through lanes, (while retaining all other existing lanes). The proposed development shall be required to participate in a cost - sharing allocation for this improvement (estimated to be about $9000 or 4.5% of the total intersection reconstruction cost). 111. Spring Road & Los Angeles Avenue High Street - No feasible mitigation is available to improve this intersection to acceptable levels of service due to the limits of casting n#&-of way and development. Some improvements to LOS at this location can be achieved by resbiping Spring Road to provide 1 northbound right gum lane and a combined northbound through -left turn lane. The project's prorata share of this improvement is estimated to be about $1500 or 4% of the total improvement cost. In 112 Moorpark Avenue at Las Angeks Avenue - The applicant shall contribute to funding imprvvi:ments at this intersection to mitigate both project specific and cumulative effects. The intemchon should be redesigned to provide a northbound kft hm; d rmgh and right am lone, two eastbound left hum and Am through lames, one l eft /um and three through lanes westbound, and one left am one through -left` and one right tun lane on the southbound approach. The applicants contribution to the improvement of this intersection is estimated to be about $1000. 113. The applicant shall cmifirlbute to the .Los Angeles Avenue Area of Contnbution. The actual contribution shall be the adopted fee at the time official map approval. Air Quality Construction Emissions 114. The applicant shall assure that contractors properly maintain and operate construction equipment and use dived injection diesel engines or gasoline powered engines if feasible. 115. The applicant shall assure that contractors water exposed graded areas on a daily basis. 116. 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. C. All active portions of the construction 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. e. All grading and excavation operations shall cease during periods of high winds. On -site vehicle speed shall be limited to no more than 15 miles per hour. Emissions Associated with New Residences 117. The applicant shall contribute $30,327 in air quality mitigation fees to the City of Moorpark. These funds shall be used at the City's discretion to pay for programs designed to reduce emissions in the local airshed. a ,73; rr.7` , H& Channel bank protection along the Arroyo Simi conforming to County Flood Control District requirements 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 any change to the water surface elevation on the proposed Arroyo Vista Park and High School property on the south side -49- of the Arroyo Simi shall be mitigated in accordance with FEMA and VCFCD requirements, and (4) how the shallow flooding from the popeny to the east of the project will be contained and conveyed to Amvpo Simi. All Flood Control District recornmendadow shall be incorporated into project building plans prior to issuance of grading permits and the recommended mitigation measures shaU conform with City Ordinance No. 100 requirements reg &ng pad elevations and protection from a 100 year stone. 119. Reinforc rnent of the existing sewer fine (in the vicinity of the proposed knee reconstruction) shall be compkted to achieve compliance with Cm" Flood Control and Engineering standards. In consuUation with Couruy Flood Control and Waterworks District 1, a final design solution for this problem shall be decided upon prior to issuance of building permits. The final design confetrotion shaU be acceptable to the sewer fine owner of record 120. 7be design mitigations recommended by Ow geotoeluncal consultants shaU be incorporated into the project waking drawings. The City Engineer shaU verify that all design measures are accounted for in the building plans prior to issuance of any Building Permits for the project Specif c design measures are provided in the EIR Technical Appendix (Buena Engineers 1990 9- 12). 121. The new elementary school currently under construction in the project vicinity shall be completed and operating prior to release of the Certificates of Occupancy for the Westland housing project. 122. The project applicant shall pay required school fees to the Moorpark Unified School District prior to issuance of Building Permits. 123. Low water consumption toilets, showers, faucets and enerior landscaping drip irrigation systems shall be required. 124. Kitchen cabinets shall be configured to enable installation of low water demand water conserving dishwashers and washing machines. All hot water lines shall be insulate 125. All landscaping in private areas shall be serviced by drip irrigation systems. Turf areas shall be minimized in the landscaping design. Low water demand /drought tolerant native plants shall constitute the majority of the landscaping programs for private areas. 126. 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. -50- Noise 121. A noise reduction wall shall be required along the northern perimeter of the proposed project and along other portions of the development perimeter specified by the noise consultants (cg,' along project internal circulation roads near their intersection with Los Angeles Avenue). The design of this barrier shall conform to requirements presented in the Noise Technical Report (Walker- Celano 1990) prepared for the project. The noise barrier shall be reviewed and approved by the Community Development Department prior to issuance of Zoning Clearance, 128. Interior noise reduction construction techniques shall be required for condominium units exposed to exterior now levels in excess of 65 dB. The construction specifications computed by the noise consultant for the ER (Walker- Celano, 1990) shall be incorporated into the project working drawimP. Buiding permits shall not be issued until the City Building Department verifies compliance with Noise reduction specifications. 129. Design standards considered to reduce noise annoyances related to plumbing, party walls, and Boor- ceiling construction in two story structures shall be incorporated into project working drawings. Specifications in the Noise report for the EIR (Walker - Celano, 1990) shall be the standards adopted for these noise reduction requirements. Building permits shall not be issued until the City Budding Department verifies compliance with noise reduction specifications. Hazardous Materials 130. 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 existing industrial facilities on the property and if significant hazardous material contamination is observed or detected, remedial actions shall be required. -51-