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HomeMy WebLinkAboutRES 1992 254 0106NO. PC -92 -254 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NOORPARR, CALIFORNIA RECOMMENDING APPROVAL TO THE CITY COUNCIL RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 91 -20, VESTING TENTATIVE TRACT MAP NO. 4792, AND ZONE CHANGE NO. 91 -1 (URBAN WEST COMMUNITIES) WHEREAS, a duly noticed public hearing on November 18, 1991 December 2 and 16, 1991, the Planning Commission considered the application filed by Urban West Communities, requesting approval of Residential Planned Development Permit No. 91 -2 for construction of 196 townhouse units with three recreational areas, Vesting Tentative Tract Map No. 4792 for the residential townhouse lots and common open space areas, and Zone Change 91 -1 to change the existing zoning from PC (Planned Community) to RPD 16.83 dwelling units per acre (Residential Planned Development) located on the Northeast corner of Countyhill Road and Mountain Trail Street in the City of Moorpark. The Assessor's Parcel Number is 505- 012 -40. WHEREAS, at its meetings of November 18, 1991, December 2, 1991, and December 16, 1991 the Planning Commission opened the public hearing, took testimony from all those wishing to testify and closed the public hearing; and WHEREAS, the Planning Commission after review and consideration of the information contained in the Staff Reports dated November 18, 1991, December 2, 1991, and December 16, 1991 and the Initial Study prepared for the development site, has reached a decision on this matter; and WHEREAS, a Certified Environmental Impact Report was prepared for the entire Specific Plan Area (PC -3) in 1981, staff determined that an Initial Study was warranted in order to establish appropriate Mitigation Measures for the Mitigation Monitoring Program pursuant to Assembly Bill 3180 (which became effective on January 1, 1989). 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 Resources Code of the State of California (beginning at Section 2100}) and the requirements under Section 21081.6, the Planning Commission of the City of Moorpark recommends that the City Council approve the Mitigated Negative Declaration and the Mitigation Monitoring Program. Resolution No. 92 -254 Page -2- SECTION 2. On December 16, 1991 the Planning Commission voted to recommend to the City Council adoption of the findings (Attachment No. 1) contained in the Planning Commission Staff Report dated November 18, 1991, which is incorporated herein by reference as though fully set forth. SECTION 3. That the Planning Commission recommends that the City Council find the proposed project is consistent with the City's General Plan. SECTION 4. That the Planning Commission recommends that the City Council conditionally approve: a. Zone Change No. 91 -1 pursuant to the findings in the Staff Report dated November 18, 1991. b. Vesting Tentative Tract Map No. 4792 based upon the findings in the staff report dated November 18, 1991 C. Residential Planned Development No. 91 -2 pursuant to the findings in the Staff Report dated November 18, 1991 and December 2, 1991 with additional conditions attached as Attachment 2 and based upon the following project �—. modifications: * No wood fencing within the project * The establishment of only one Homeowners Association within the Tract * The applicant shall agree to pay for crossing guard services at the corner of Mountain Trail Street and Countyhill Road for a period of 5 years The action with the foregoing direction was approved by the following roll call vote; AYES: Commissioners Wesner, May, Torres, and Brodsky Miller. NOES: None; ABSTAIN: None; ABSENT: None PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF JANUARY 1992 Chairman: ichael if. Vdsner, Jr. Resolution No. 92 -254 Page -3- ATTEST: Celia LaFleur, Secretary STATE OF CALIFORNIA ) SS COUNTY OF VENTURA ) I, Celia LaFleur, do hereby certify that I am the secretary of the Planning Commission of the City of Moorpark, California and that the foregoing resolution was duly adopted at a regular meeting thereof held on January 6, 1992 by the following vote: Ayes Commissioner's Torres, Brodsky, May Miller, and Wesner Noes:None. ATTEST: Celia LaFleur, Secretary ATTACHMENT 1 (� Findings: If the Planning Commission chooses to recommend approval to the City Council, the following findings may be used: 1. Zone Change Findings: Based upon the information set forth, it is determined that the zone change request is justifiable in terms of public convenience, general welfare, and good zoning practice. It has been ascertained that the project is consistent with the Moorpark General Plan, and Planned Community No. 3. The current "PC" (planned Community) zone is a holding zone which is held in place until a specific development is proposal is filed. Once a development proposal is filed, the zoning ordinance requires the placement of a specific zone -:in this case the placement of RPD -16.83 (Residential. Planned Developmerit 16':83 units to the acre). 2. Subdivision Map Act Compliance: Based upon the inforkatiori set forth above, it is determined that'. the subject vesting Tentative Tract Ma p ..-with 'the ,attached conditions, meets the requirements of Government Code Sections 66473.51 66474, 66474.6 and 66478.1 et sea., in that: a. The proposed map is consistent with the applicable general plan and specific plans: b. That the design and improvements of the proposed subdivision is consistent with the applicable general and specific plans; C. That the site is suitable for the type of development proposed; d. That the site is physically suitable for the proposed density of development; e. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage; f. That the design of the subdivision and the. type of improvements are not likely to cause serious public health problems; g. That the design of the subdivision and the type' of improvements would not conflict with easements, acquired by the public at large, for access through or the use of property within the proposed subdivision; h. That there would be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seg., and Resolution No. PC -92 -255 ATTEST: Celia LaFleur, Secretary STATE OF CALIFORNIA ) SS COUNTY OF VENTURA ) I, Celia LaFleur, do hereby certify that I am the secretary of the Planning Commission of the City of Moorpark, California and that the foregoing resolution was duly adopted at a regular meeting thereof held on January 6, 1992 by the following vote: Ayes: Noes: ATTEST: Celia LaFleur, Secretary M 0 \'J i. That the proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. 3. Planned Development Permit: Based upon the information set forth above, it is determined that this application with the attached conditions, meets the requirements of the City of Moorpark Ordinance Code Section 8163 -3 in that: a. The proposed use would be compatible with existing and future uses within the zone and the general area in which the proposed use is located; b. That the proposed uses would.not be obnoxious or harmful to adjacent properties; C. That the proposed uses would not impair the integrity and character of the zone in which it is located; d. That the proposed uses would not'be detrimental to the public interest health, safety, convenience, or welfare. Prepared by: Approved by: PLI-�W athleen Mallory P pps Associate Planner A:STFREPCC l� Patri Richards Direct of Community Development ATTACHMENT 2 VESTING TENTATIVE TRACT MAP NO.: 4792 APPLICANT: Urban West Communities DATE: December 19, 1991 Page 1 COMMUNITY DEVELOPMENT DEPARTMENT: 1. The Conditions of Approval of this Vesting Tentative Map supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 2. All applicable requirements of any law or agency of the State or City of Moorpark, and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 3. The developer's recordation of this map and /or commencement of construction and /or operations as a result of this map shall be deemed to be acceptance of all conditions of this map by the applicant. 4. The development shall be subject to all applicable regulations of the Residential Planned Development Zone. 5. No Zoning Clearance shall be issued for residential construction until the final map has been recorded. Prior to the issuance of any permit, a Zoning Clearance shall be obtained from the Department of Community Development and a building permit shall be obtained from the Department of Building and Safety after the granting of a Zoning Clearance. 6. Prior to recordation, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District, that arrangements for payment of the Construction Charge applicable to the proposed subdivision have been made. 7. The Vesting 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 the 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. This tentative map expires three years after approval of the tentative map by the City Council. 8. Prior to the approval of the Final Map or issuance of a grading permit, grading plans shall be submitted to the Director of Community Development and the City Engineer for the review to insure that such plans are in accordance with the purpose and the intent expressed in the Engineer's conceptual plans and /or Vesting Tentative Map. M n VESTING TENTATIVE TRACT MAP NO.: APPLICANT: DATE: Page 2 4792 Urban West Communities December 19, 1991 Prior to approval of the Final Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Such letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate water and sewer service. 10. At the time water service connection is made, cross connection control devices shall be installed in a manner approved by the County Water Works District No. 1. 11. That prior to the approval of the Final Map, agreements to install water and sewer improvements shall be executed by the Board of Directors of the Waterworks District as approved by the District Engineer Manager. 12. Building Standards for residential structures as provided under Chapter 2 -53 of Part 2 and Chapter 4 -10 of Part 4, of Title 24 of the California Administrative Code, shall be imposed on any future residential units constructed on the subdivision. 13. At the time of recordation, the access easements shown on the Tentative Map shall be recorded as non - exclusive easements insuring all property owners the right of ingress and egress at all times. 14. That the subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, VESTING TENTATIVE TRACT MAP NO.: 4792 APPLICANT: Urban West Communities DATE: December 19, 1991 Page 3 officers, and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: a. The City bears its own attorney fees and costs; and b. The City defends the claim, action or proceeding in good faith. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. The subdivider's obligations under this condition shall apply regardless of whether a final map or parcel map is ultimately recorded with respect to the subdivision. 15. No Zoning Clearance shall be issued for RPD 91 -2 until all conditions required prior to map approval are completed. CITY ENGINEER CONDITIONS PRIOR TO APPROVAL OF THE FINAL MAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 16. The applicant shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Registered Civil Engineer; shall obtain a Grading Permit; and shall post sufficient surety guaranteeing project completion. 17. The applicant shall submit to the City of Moorpark for review and approval, a detailed Soils Report certified by a registered professional Engineer and Certified Engineering Geologist in the State of California. The report shall include a geotechnical investigation with regard to liquefaction expansive soils, and seismic safety. The applicant shall be responsible for all costs associated with the review and approval of the Soils Report by an outside consultant. The grading plan shall incorporate the recommendations of the approved Soils Report. 18. The applicant shall demonstrate for each building pad to the satisfaction of the City of Moorpark as follows: a. Adequate protection from 100 -year frequency storm; b. Feasible access during a 10 -year frequency storm. i- VESTING TENTATIVE APPLICANT: DATE: Page 4 TRACT MAP NO.: 4792 Urban west Communities December 19, 1991 Hydrology calculations shall be per current Ventura County standards. 19. The applicant shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic, and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage area and patterns, diversions, collection systems, flood hazard areas, slumps and drainage courses. Hydrology shall be per current Ventura County Standards except as follows: a. All sumps shall carry a 50 -year frequency storm; b. All street catch basins in a sump condition shall be �- sized such that depth of water at intake shall equal depth of approach flows; c. All culverts shall carry a 100 -year frequency storm; d. Drainage facilities shall be provided such that surface are intercepted and contained prior to entering collector or secondary roadways; e. Under a 10 -year frequency storm, all public 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. 20. The applicant shall indicate in writing to the City of Moorpark the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed pursuant to Ventura County Ordinance No. 2372. 21. The applicant shall submit to the City of Moorpark for review and approval, evidence that the CC &R's will include provisions for maintenance of the on -site private storm drainage system, sidewalks, intersection sight distance, and driveways. �^ 22. The applicant shall submit to the City of Moorpark for review and approval, evidence that the CC &R's will include provision VESTING TENTATIVE TRACT MAP NO.: 4792 APPLICANT: Urban West Communities DATE: December 19, 1991 Page 5 that future owners agree to participate in the formation of a Landscape Assessment District for Mountain Trail Street and Countryhill Road. 23. 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. 24. The applicant shall post sufficient surety guaranteeing completion of all improvements which revert to the City (ie., landscaping, parks, fencing, etc.) or which require removal (ie., model homes, temporary debris basins, etc.). 25. For any Final Map, or a Parcel Map (containing five or more parcels), or any Parcel Map whereupon dedications are required to be offered, the applicant shall transmit by certified mail, • copy of the conditional approved Tentative Map together with • copy of Section 66436 of the State 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 of Moorpark. 26. If any of the improvements which the applicant is required to construct or install upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of final or parcel map for approval pursuant to Government Code Section 66457. a. Notify the City of Moorpark (Hereinafter known as "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 66462.5; b. Supply the City with (i) a legal description of interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the current fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report; 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 C5 VESTING TENTATIVE TRACT MAP NO.: 4792 APPLICANT: Urban West Communities DATE: December 19, 1991 Page 6 the City's costs (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. IN CONJUNCTION WITH APPROVAL OF THE FINAL NAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 27. On the Final Map the applicant shall offer to dedicate to the City of Moorpark, access easements over all private streets shown on the Final Map to provided access for all governmental agencies assuring the residences of public safety, health and welfare. 28. On the Final Map, the applicant shall dedicate to the City of Moorpark the access rites adjacent to Mountain Trail Street, and Countryhill Road along the entire frontage of the parent parcel except for approved access roads as delineated on the approved Tentative Map. FIRE DEPARTMENT CONDITIONS: 29. That an internal driveway width no less than 25 feet shall be provided. 30. That prior to construction the applicant shall submit two (2) site plans to the Fire District for approval of the location of fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 31. That access roads shall be installed with an all weather surface, suitable for access by a 20 ton Fire District vehicle shall be installed. 32. That all drives shall have a minimum vertical clearance of 13- feet, 6- inches (131611). 33. That the access roadway shall be extended to within 150 feet (1501) of all portions of the exterior walls of the first story of any building. Where access roadway cannot be provide, an approved fire protection system or systems shall be installed as required and acceptable by the Bureau of Fire Prevention. 34. That approved turn around areas for fire apparatus shall be provided where the access road is 150 feet (1501) or further from the main thoroughfare. VESTING TENTATIVE TRACT MAP NO.: 4792 APPLICANT: Urban West Communities DATE: December 19, 1991 VW Page 7 35. That when only one (1) access point is provided, the maximum length of such access shall not exceed 800 feet (8001). 36. That prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center for review with final approval made by the City Council. 37. That prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for the approval of the location of the fire hydrants. Show existing hydrants on the plan within 300 feet (3001) of the development. 38. That 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 1 -four inch and 2 -two inch and one half inch outlet. b. The required fire flow shall be achieved at no less vo than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet (3001) on center, and so located that no structure will be farther than 150 feet (150') from any one hydrant. d. Fire hydrants shall be 24 inch (2411) on center, recessed in from the curb face. 39. That the minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the ISO Guide For Determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 2,250 gallons per minute at 20 psi. The applicants shall verify that the water purveyor can provide the required quantity at the project. 40. Any building which is to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan, check to the Fire District for review. 41. A five foot (51) unobstructed pathway area shall be provided around each townhouse grouping. If this cannot be provided, townhouses shall be fire sprinklered. VESTING TENTATIVE TRACT MAP NO.: 4792 APPLICANT: Urban West Communities DATE: December 19, 1991 Page 8 42. That building plans of public assembly areas which have a occupant load of 50 or more, shall be submitted to the Fire District for review and approval. COMMUNITY DEVELOPMENT DEPARTMENT: 43. Prior to the approval of the Final Map, one Homeowners Association shall be created. Copies of the bylaws, covenants, conditions and restrictions (CC &R's) shall be submitted to the City for review and approval. 44. That the location and plans, including enclosures, for postal mail boxes shall be submitted for review and approval by the Director of Community Development and Post Master. 45. The Final Map shall indicate that each structure has rear and side yard drains as to facilitate drainage at each structure on site. PRIOR TO ISSUING A BUILDING PERMIT �- 46. The applicant shall deposit with the City of Moorpark a contribution for the Spring Road /Tierra Rejada Road Improvement Area of Contribution. The actual deposit shall be the then current Spring Road /Tierra Rejada Road Improvement Area of Contribution applicable rate at the time of Final Map approval. CITY ENGINEER CONDITIONS PRIOR TO APPROVAL OF THE FINAL MAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 47. All grading shall be limited to the project area only. If import of export of fill becomes necessary, any haul routes shall be approved by the City Engineer. All dust control measures including, but not limited to hydroseeding, shall be installed to the City Engineer's satisfaction. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS PRIOR TO ISSUANCE OF THE CERTIFICATE OF OCCUPANCY: 48. Prior to Final Map approval, no Certificate of Occupancy may be issued until all on -site improvements within each phase specified in this permit have been completed or the applicant has provided some form of financial security to guarantee the completion of the improvements such as a Performance Bond. Prior to issuance of a certificate of occupancy, the applicant VESTING TENTATIVE APPLICANT: DATE: Page 9 TRACT MAP NO.: 4792 Urban West Communities December 19, 1991 shall place a Surety Bond in the amount of 150% of the valuation of the landscaping and exterior wall maintenance. Said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. A surety shall be kept in place for a period of 3 years after the last occupancy. 49. A meandering sidewalk on Mountain Trail Street, and Countryhill Road, along the property frontage shall be constructed, 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. Sidewalks crossfall shall not excess 2%; b. Sidewalks to be a minimum of 5 feet (51) wide at all points; c. The meandering sidewalk shall be contained either within street right -of -way or within an access easement offered to the City; d. The applicant /homeowner's association shall agree to maintain the sidewalk and any related landscaping. 50. Prior to Issuance of a Certificate of Occupancy, all exterior walls on the project site shall be treated with an anti - graffiti spray as approved by the Director of Community Services. CITY ENGINEER CONDITION: PRIOR TO ISSUANCE OF THE CERTIFICATE OF OCCUPANCY: 51. Prior to Issuance of the Certificate of Occupancy for the first unit, signage and stripping, as determined by the Director of Public Works, shall be installed. 52. At 50% Occupancy of Tract 4792, a 4 -way stop sign shall be installed at the corner of Mountain Trail and Mountain Meadow Road. M M RESIDNETIAL PLANNED DEVELOPMENT: RPD 91 -2 ZONE CHANGE: 91 -1 APPLICANT: Urban West Communities DATE: December 19, 1991 PAGE -10- DEPARTMENT OF COMMUNITY DEVELOPMENT GENERAL REOUIREMENTS• 1. The permit is granted for the construction of 196 multi - family townhouse units as shown on the submitted plot plans and elevations. The location and design of all site improvements shall be shown on the approved plot plan and elevations except or unless indicated otherwise herein. 2. That the permit is granted for all of the buildings, fences, signs, roadways, parking areas, landscaping and other features which are located as shown on Exhibits 1 through 12, except or unless otherwise herein and subsequently submitted for final City approval. 3. That the elevation of all buildings shall be in conformance with the elevation plans labeled Exhibit 1 and 11, except as otherwise noted herein. 4. The final design of all buildings, communal open spaces, recreation facilities, walls and fences, including materials and colors is subject to the approval of the Director of Community Development prior to the Issuance of a Zoning Clearance. 5. That any minor changes may be approved by the Director of Community Development. However, any major changes will require the filing of a modification application to be considered by the City Council. 6. The development is subject to all applicable regulations of the Residential Planned Development (RPD) Zone and all agencies of the State of California, Ventura County, the City of Moorpark, and any other governmental entities. 7. The permittee agrees as a condition of issuance of this Permit, to defend, at their sole expense, any action brought against the City because of issuance of this Permit, or in the alternative, to relinquish this permit. The permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required to pay as a result of any action by a court. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve the permittee of the �^ obligations under this condition. RESIDNETIAL PLANNED DEVELOPMENT: RPD 91 -2 ZONE CHANGE: 91 -1 APPLICANT: Urban West Communities VAO DATE: December 19, 1991 PAGE -11- 8. No condition of this permit shall be interpreted as permitting or requiring any violation of law, or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 9. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than three years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if the applicant can document that they have diligently worked toward inauguration of the project during the initial three -year period. The request for extension of this entitlement shall be made 30 -days prior to the three year expiration date. The use of the entitlement shall expire three years after approval by the City Council. 10. That all landscaping and planting in and adjacent to parking r0 in vehicular areas, shall be contained within raised planters surrounded by 6" (inch) high concrete curbs. 11. Land uses and facilities other than specifically approved by the permit shall require either a major or minor modification to the permit as determined by the Director of Community Development. 12. If any of the Conditions of limitations of this Permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 13. That all utilities shall be placed underground. Any above grade utility fixtures shall be placed adjacent to landscaped areas and screened on three sides. 14. A sign permit is required for all lit or un -lit on -site signs. 15. That a transfer of this Residential Planned Development (RPD) Permit shall not be effective until the name and address of the transferee and the date when such transfer shall be effective, together with a letter from the new owner certifying agreement to comply with all conditions of the permit is filed with and acknowledged by the Director of Community Development. RESIDNETIAL PLANNED DEVELOPMENT: RPD 91 -2 ZONE CHANGE: 91 -1 APPLICANT: Urban West Communities DATE: December 19, 1991 PAGE -12- 16. That the development is subject to all applicable regulations of the RPD (Residential Planned Development) Zone. 17. Prior to issuance of a Zoning Clearance, construction plans may be submitted to the Department of Building and Safety with an approved hold harmless letter submitted to the City and as approved by the Director of Community Development. 18. That all residential units shall be constructed employing state of the art energy saving devices as may be appropriate. These devices are to include, but are not limited to the following: a. Ultra low flush toilets (to not exceed three and one -half gallons); b. Shower controllers; C. When gas fueled stoves, ovens and ranges shall not have continuous burning pilot lights; d. All thermostats connected to the main space heating source shall have night set back features; e. To insure closure when not in use kitchen ventilation systems shall have automatic dampers ; f. Hotwater solar panel stub -outs. 19. That patio covers and accessory structures shall conform to the "R -1" (single - family) zone setbacks. No new secondary story decks shall be permitted to the original structure. 20. The gutters and downspouts shall be provided for all units. Water shall be conveyed to the street or drives in non- corrosive devices. 21. Landscaping shall not obstruct any exterior door or window. 22. In the event of unforeseen encounter or subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation shall cease in the immediate area, and the find left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate and make recommendations as to disposition, mitigation and /or salvages. The developer shall be liable for costs associated with the RESIDNETIAL PLANNED DEVELOPMENT: RPD 91 -2 ZONE CHANGE: 91 -1 APPLICANT: Urban West Communities DATE: December 19, 1991 PAGE -13- professional investigation. 23. The permittee's acceptance of this Permit and /or operations under this permit shall be deemed to be acceptance of all this Permit. 24. All "sleeves" on recreational property must have caps on them in order for the sleeve pocket to be closed when not in use. 25. No wood fencing shall be used within the proposed development. 26. All phases of development shall enter into agreement to participate in the one homeowners association. The purpose of the Homeowner's Association shall be to oversee and maintain all recreation facilities, front yard landscaping, landscaped common areas, interior private streets and storm drains, and to assure architectural compatibility with any new construction and remodeling within the project. The applicant shall pay all costs associated with the City Attorney and staff's review of the CC &R's prior to the recordation of the Final Map. 27. The applicant shall agree to pay for costs associated with a crossing guard at the corner of Mountain Trail Street and Countryhill Road. The applicant shall agree to pay $30,273.75 to cover costs associated with a crossing guard at the above location for 5 years and staff's administrative costs. Payment of the $30,273.74 may take the form of a surety bond or payment in full. PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS OF APPROVAL SHALL BE SATISFIED:' 28. The applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing techniques including, but not limited to, the payment of traffic mitigation fees, which the City may implement or adopt, to fund public streets and traffic improvements directly or indirectly affected by the development. Tentative mitigation fees shall be used for projects such as, but not limited to, New Los Angeles Avenue rJ M or prior to Final Map approval, the applicant shall make a contribution of $3,000.00 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 1.40 RESIDNETIAL ZONE CHANGE: APPLICANT: DATE: PAGE -14- PLANNED DEVELOPMENT: traffic. RPD 91 -2 91 -1 Urban West December Communities 19, 1991 29. Prior to the Issuance of a Zoning Clearance, the applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing techniques including but not limited to the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. Traffic mitigation fees shall be used for project such as, but not limited to, the extension of new Los Angeles Avenue. 30. That the final design of all buildings, common open space, recreational facilities, walls and fences, including material and colors shall be submitted to the Director of Community Development for final review and approval. 31. The final construction drawings shall be submitted to the Director of Community Development for review and approval. 32. Complete landscape plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans and in compliance with the City of Moorpark Ordinance No. 137, and shall be submitted to the Director of Community Development. The final landscape plans shall be in substantial conformance to the conceptual landscape plan submitted with the application, except or unless otherwise indicated herein. 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 be deposited to cover all landscape plan check and inspection fees. The final landscapeplans shall be approved by the Director of Community Development. All landscaping and planting for each phase of development shall be accomplished and approved by the Director of Community Development, or his designee, prior to the first occupancy of the Phase. a. The applicant shall agree to provide the necessary maintenance easements to the City for those designated common landscaped areas. The subdivider shall maintain the right to protest the amount and the spread of any RESIDNETIAL PLANNED DEVELOPMENT: RPD 91 -2 ZONE CHANGE: 91 -1 APPLICANT: Urban West Communities DATE: December 19, 1991 PAGE -15- proposed assessment in relation to the formation of a landscape maintenance assessment district, if and when created by the City. The subdivider shall record a covenant to this effect. 33. Prior to the Issuance of a Zoning Clearance, any transformer location shall be shown on the plot plan and shall be screened with landscaping or a wall approved by the Director of Community Development or his desginee. The location of utility meters such as gas and electric shall be approved by the Director of Community Development and shall be placed in an exterior closet. Gas meters shall be painted to match the buildings. 34. Cross connection control devices shall be shown on the plot plan and shall be screened with landscaping or a wall, as approved by the Director of Community Development prior to issuance of a Zoning Clearance. 35. Prior to the issuance of a Zoning Clearance, the design of all recreational facilities shall be included as part of the issuance of a Zoning Clearance. 36. That patio covers and accessory buildings shall be reviewed and approved by the Homeowners' Association prior to the issuance of a Zoning Clearance. M2 (. RESIDNETIAL PLANNED DEVELOPMENT: RPD 91 -2 ZONE CHANGE: 91 -1 APPLICANT: Urban West Communities DATE: December 19, 1991 PAGE -16- 37. In the sales office, the developer shall prominently display a copy of the Mountain Meadows specific plan under which this Planned Development (PD) permit is granted. 38. That prior to the issuance of a Zoning Clearance, the applicant shall submit plans indicating architectural treatment of all sides of the multi - family townhouse units for review and approval by the Director of Community Development. 39. That the location and plans,including enclosures, for postal mail boxes shall be submitted for review and approval by the Director of Community Development. 40. All trash disposal, recycling areas and dumpster areas shall be shown on the plot plan and shall be provided in a location which will not interfere with circulation, parking or access to any of the buildings and said disposal areas shall be screened with a six foot high, solid wall enclosure with self - closing metal gates. The final design of all trash enclosures (or individual trash pick up areas) shall be subject to the approval of the Director of Community Development prior to the issuance of a Zoning Clearance. 41. In order to ensure compatibility with adjacent developments all exterior building materials and paint colors shall be approved by the Director of Community Development. 42. Any solar panels for heating the swimming pools shall be located on the recreation buildings or structures subject to the approval of the Director of Community Development prior to the issuance of a Zoning Clearance. Such panels shall be designed as an integral part of the design of the building, and not added to the exterior. 43. All sectional (rollup) garage doors shall have automatic door openers. Uncovered parking spaces shall be nine feet (9') in width and twenty feet (201) in length. An additional one -half foot in width must be provided for parking spaces located adjacent to a wall. Drive aisles between parking spaces shall be a minimum of 25 feet (251) in width. 44. Pullover parking (overhangs) shall be limited to 24 inches (24') maximum. No vehicles shall be allowed to encroach onto walkways or into the required landscape setbacks along public roadways. 45. For all exterior lighting, a lighting plan shall be prepared RESIDNETIAL PLANNED DEVELOPMENT: RPD 91 -2 ZONE CHANGE: 91 -1 APPLICANT: Urban West Communities DATE: December 19, 1991 PAGE -17- by an electrical engineer registered in the State of California and submitted to the Director of Community Development and the City Police Department for review and approval. The lighting plan shall achieve the following objectives: Avoid interference with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height in order to avoid excessive illumination and provide structures which are compatible with the total design of the facilities. The lighting plan shall include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty feet (201) outside of the property lines. Layout plan to be based on a ten foot (101) grid center; b. Maximum overall height of fixtures shall be fourteen feet (14'); *so C. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at the property lines; d. There shall be no more than seven -to -one (7:1) ratio of level of illumination shown (maximum -to- minimum ratio between lighting standards); e. Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties; f. No light shall be emitted above the 90 degree or horizontal plane; g. In order to prevent light "spillage" and glare all parking lights shall be fully hooded and backshielded. 46. Television cable service shall be provided consistent with existing city cable system requirements. Undergrounding of cable wires is required and no lines shall be permitted to extend along the exterior walls of the residential buildings. 47. Gutters and roof drains for all buildings shall be provided and directed to an approved drainage area. 48. No asbestos pipe or construction materials shall be used *40 RESIDNETIAL PLANNED DEVELOPMENT: ZONE CHANGE: APPLICANT: DATE: PAGE -18- RPD 91 -2 91 -1 Urban West Communities December 19, 1991 without prior approval of the City Council. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 49. An "Unconditional Will Serve Letter" for water and sewer services will be obtained from Ventura County Waterworks District No. 1. 50. The applicant shall pay all school assessment fees levied by the Moorpark Unified School District. RESIDNETIAL PLANNED DEVELOPMENT: RPD 91 -2 ZONE CHANGE: 91 -1 APPLICANT: Urban West Communities DATE: December 19, 1991 PAGE -19- PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 51. Prior to the issuance of an Occupancy Permit, all parking areas within the phase shall be surfaced with asphalt, or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. 52. No use for which the permit is granted shall be commenced until a Certificate of Occupancy within the phase has been issued by the Building and Safety Division. In addition, no Certificate of Occupancy may be issued until all on -site improvements have been completed or the applicant has provided some form of financial security to guarantee completion of the improvements such as a Performance Bond. Said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. If failure to comply occurs with any term or provision of this agreement, the City Council may, by resolution, declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development, the surety may be exonerated by action of the Director of Community Development. 53. No Building Permits shall be issued until written concurrence occurs between the City and the County of Ventura regarding the maintenance agreement of the Peach Hill Wash area. AFTER THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE APPLICABLE: 54. The continued maintenance of the permit and facilities shall be subject to periodic inspection by the City. Within thirty (30) days after notification, the permittee shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer. 55. The striping for parking spaces shall be maintained so that it remains clearly visible. 56. The applicant and its successors, heirs, and assigns shall remove any graffiti within ten (10) days from the written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. CITY ENGINEER CONDITIONS DURING CONSTRUCTION: PIJUMD DEVELOPMENT: ZONE CHANGE: APPLICANT: DATE: PAGE -20- RPD 91 -2 91 -1 Urban West Communities December 19, 1991 57. That prior to any work being conducted within the State or City right -of -way an encroachment permit shall be obtained by the applicant from the appropriate agency. 58. That the applicant shall construct any necessary drainage facilities, including brow ditch and slope bench drainage channels, with permanent earth tone color(s) so as to minimize visual impacts. Said color(s) shall be submitted to and approved by the Director of Community Development as part of the grading plans. 59. An 18 inch (18 ") slough wall shall be constructed directly behind the back of the sidewalks where slopes over 4 feet (41) are adjacent to sidewalk so as to reduce debris from entering streets. 60. If any hazardous waste is encountered during the construction of the project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 61. Where roads are to be built requiring four (4) or more inches of pavement, the applicant shall construct the required street section minus a 1 -inch cap of asphalt which shall be placed after all the necessary trenching is completed. 62. No trees with a trunk diameter in excess of 4 inches ( 4" ) shall be trimmed or removed without prior approval of the City Council. 63. If grading is to take place during the rainy season (October - April 15), an erosion control plan shall be submitted for review and approval along with the grading plan. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 30 -days of completion of grading. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 64. As directed by the City Engineer, all adjacent street tie -ins of utilities, driveways, etc. shall be repaired in such a manner that no trench lines or other construction indicators appear. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND RESIDNETIAL PLANNED DEVELOPMENT: ZONE CHANGE: APPLICANT: DATE: PAGE -21- RPD 91 -2 91 -1 Urban West Communities December 19, 1991 THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 65. Sufficient surety guaranteeing the public improvements for a period of one year shall be provided. 66. Original "as built" plans on standard size sheets shall be certified by the Civil Engineer and returned to the City Engineer's office. 67. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. M I el— RESIDNETIAL PLANNED DEVELOPMENT: ZONE CHANGE: APPLICANT: DATE: PAGE -22- VENTURA COUNTY FIRE DEPARTMENT CONDITIONS• RPD 91 -2 91 -1 Urban West Communities December 19, 1991 68. That prior to the issuance of a Zoning Clearance, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for the approval of fire hydrant locations. Plans must show the existing hydrants within 300 feet (3001) of the development. PRIOR TO FINAL MAP APPROVAL: 69. The applicant shall submit two site plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire lanes. 70. That all drives shall have a minimum vertical clearance of 13 feet, 6 inches (13'611). 71. That the access roadway shall be extended to within 150 feet (150') of all portions of the exterior walls of the first story of the 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. 72. That approved turn around areas for fire apparatus shall be provided where the access road is 150 feet (1501) or farther from the main thoroughfare. 73. Any gates, to control vehicular access, are to be located to allow a vehicle waiting.for entrance to be completely out of the public roadway. If applicable, it is recommended that the gates(s) swing in both directions. The method of gate control shall be subject to the review of the Bureau of Fire Prevention. The Fire Department shall have access to the residential complex through the gates. 74. That building plans of public assemble areas which have an occupancy load of 50 or more, shall be submitted to the Ventura County Bureau of Fire Prevention for review and approval. 75. That street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of Ventura County Road Standards. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITION SHALL BE SATISFIED: RESIDNETIAL PLANNED DEVELOPMENT: RPD 91 -2 ZONE CHANGE: 91 -1 APPLICANT: Urban West Communities DATE: December 19, 1991 PAGE -23- 76. That 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 Required Fire Flow. M M mr PLANNED DEVELOPMENT: ZONE CHANGE: APPLICANT: DATE: PAGE -24- RPD 91 -2 91 -1 Urban West Communities December 19, 1991 Given the present plans and information, the required fire flow is approximately 2250 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 77. That address numbers, a minimum of 6 inches (611) high, shall be installed, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet (1501) from the street, larger numbers will be required so that they are distinguishable from the street. In the event that they are not visible from the street, the address number shall be posted adjacent to the driveway entrance. 78. The applicant shall provide sufficient proof of the ability to prevent vehicular parking in the "No Parking" areas and that enforcement shall be secured so that emergency vehicles are not obstructed. 79. That a minimum individual hydrant flow of 1,250 gallons per minute shall be provided at this location. 80. That a U.L. approved spark arrester shall be installed on the chimney of any structure(s). 81. That portions of this development may be in a high fire hazard area and those structures shall meet building code requirements. PRIOR TO FINAL APPROVAL, THE FOLLOWING CONDITIONS SHALL APPLY: 82. Access roads shall be a minimum of 25 feet (251) in width and shall be installed with an all weather surface, suitable for access by fire department apparatus. 83. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Moorpark Waterworks Manual. That is: a. Each hydrant shall be a 6 inch (611) wet barrel design and shall have 1 -four inch and 2 -two and one -half inch (2 1/2 ") outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. RESIDNETIAL PLANNED DEVELOPMENT: RPD 91 -2 ZONE CHANGE: 91 -1 APPLICANT: Urban West Communities DATE: December 19, 1991 PAGE -25- c. Fire hydrants shall be spaced 300 feet (3001) on center, and so located that no structures will be farther away than 150 feet (1501) from any one hydrant. d. Fire hydrants shall 24 inch (2411) on center, recessed in front curb face. 84. That a manual and automatic fire alarm system (smoke detector) shall be submitted to the Fire District for plan check. 85. That a 5 pound fire extinguisher shall be installed in each townhouse unit. VENTURA COUNTY WATERWORKS DISTRICT NO. 1, CONDITIONS: GENERAL REQUIREMENTS: 86. The applicant requesting services shall comply with the Ventura County Waterworks District No. 1, "Rules and Regulations" including all provisions of or relating to the existing residential waste discharge requirements and subsequent additions or revisions thereto. Ultra low plumbing fixtures are required in all new construction. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 87. The developer shall be required to enter into an agreement to install all necessary water and sewer improvements, pay all applicable fees and comply with the Water District's Rules and Regulations. MOORPARK POLICE DEPARTMENT CONDITIONS DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 88. Either a licensed security guard is required during the construction phase, or a 6 -foot high chain link fence shall be erected around the construction site. 89. Construction equipment, tools, etc., shall be properly secured during non - working hours. 90. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured during the non- working hours. All serial numbers shall be recorded for iden- tification purposes. RESIDNETIAL PLANNED DEVELOPMENT: RPD 91 -2 ZONE CHANGE: 91 -1 APPLICANT: Urban West Communities DATE: December 19, 1991 PAGE -26- PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 91. Lighting devices located on poles shall be high enough to eliminate anyone on the ground from tampering with them. All parking areas shall be provided with a lighting system capable of illuminating the parking surface and shall be designed to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather and breakage- resistant covers. 92. Landscaping shall not obstruct any exterior door or window. RESIDNETIAL PLANNED DEVELOPMENT: RPD 91 -2 ZONE CHANGE: 91 -1 *40 APPLICANT: Urban West Communities DATE: December 19, 1991 PAGE -27- 93. Landscaping at entrances /exists or at any intersection within the visitor parking area shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 94. Landscaping (trees) shall not be places under any overhead lighting which could cause a loss of light at ground level. 95. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 96. Address numbers shall be a minimum of 6 inches (6 ") in height and illuminated during the hours of darkness. Directory boards indicating locations of the various buildings and individual units shall be displayed at each entrance to the complex and lighted during the hours of darkness. 97. All exterior doors shall be constructed of solid wood core a minimum of one and three quarter inches thick or of metal construction. Front glass door(s) commonly used for entry are acceptable but should be visible from the street. 98. 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 (1 "). 99. Upon occupancy by the owner or proprietor, each single unit in a tract or commercial development, constructed under the same general plan, shall have locks using combinations which are interchange free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies. 100. All residential sliding glass doors or windows shall be equipped with metal guide tracts at the top and bottom and be constructed so that the window cannot be lifted from the tract when in the closed position. 101. There shall not be any easy exterior access to the road area, ie., ladders, trees, high walls, etc. 102. All garages must be totally enclosed. 103. A Knox Sox keyed for fire /police assess shall be placed next to the recreational pool area allowing emergency access if needed. ENVIRONMENTAL HEALTH RESIDNETIAL PLANNED DEVELOPMENT: RPD 91 -2 ZONE CHANGE: 91 -1 APPLICANT: Urban West Communities DATE: December 19, 1991 PAGE -28- PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: 104. The applicant shall submit pool /spa design specifications for review and approval to the Community Services Section of the Environmental Health Division. A:CONDITION