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HomeMy WebLinkAboutRES 1998 356 0608RESOLUTION NO. PC -•98 -356 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO 5053 FOR 335 NUMBERED AND 6 LETTERED LOTS, AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 96 -1 FOR 303 RESIDENTIAL UNITS ON 35.23 GROSS ACRES OF LAND ON THE SOUTH SIDE OF LOS ANGELES AVENUE IN THE VICINITY OF SHASTA AND GOLDMAN AVENUES ON THE APPLICATION OF PACIFIC COMMUNITIES BUILDER, INC. WHEREAS, at a duly noticed public hearing on April 13 and May 11, 1998 and June 8, 1998, the Planning Commission considered the application filed by Pacific Communities Builders, Inc. for approval of the following: Vesting Tentative Tract Map No. 5053 - for a subdivision of an existing 35.23 gross acres into 303 numbered lots and 6 lettered lots. Residential Planned Development Permit No. 96 -1- for approval of a Residential Planned Development consisting of 303 residential dwelling units. WHEREAS, at its meeting of April 13, 1998, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing on June 8, 1998; and WHEREAS, the Planning Commission, after review and consideration of the information contained in the staff report dated April 13, May 11, and June 8 1998, and testimony, has made a recommendation to the City Council. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission hereby adopts the following findings: C . E —O .-k-_ Findings 1. That the Mitigated Negative Declaration /Initial Study for the project is complete and has been prepared in compliance with the California Environmental Quality Act (CEQA) , and CEQA Guidelines, and City policy. 2. The contents in the Mitigated Negative Declaration/ Initial 1 C:1m1RES0S198resos08- 353 -pac comm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Pacre 2 Study have been considered in the various decisions on these projects. 3. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the environmental document have been incorporated into the proposed project. 4. A Mitigation Reporting and Monitoring Program has been prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects. Based on the information set forth above, it is determined that the Vesting Tentative Tract Map, with imposition of the attached conditions, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 at__saq_ , in that: 1. The proposed map is consistent with the applicable general and specific plans. 2. That the design and improvements of the proposed subdivision is consistent with the applicable general and specific plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. S. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 7. 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 use of the property within the 2 CA1m%RES0SWmwsW8- 353 -pac mmm.wpd _ RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paae 3 proposed subdivision. 8. 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. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. .,, .. .. 1. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance. 2. The proposed project is compatible with the character of surrounding development. 3. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare. 5. The proposed project is compatible with existing and planned land uses in the general area where the development is to be located. 6. The proposed project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure (s) have design features which provide visual relief and separation between land uses of conflicting character. SECTION 2. The Planning Commission does hereby find that the aforementioned projects will be consistent with the City's General Plan prior to recordation of the Final Map. 3 C.11M9ESOS198rewstN- 353 -pac wmm.wpd r RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paae 4 SECTION 3. That the Planning Commission hereby recommends to the City Council conditional approval of Vesting Tentative Tract Map No. 5053 for 303 numbered and 6 lettered lots, and Residential Planned Development Permit No. 96 -1 for 303 dwelling units on the application of Pacific Communities Builder, Inc. subject to compliance with all of the following conditions: CQNAITIQNS.._.OF .... APP LOYAL FOR TENTATIVE —TRACZMAP_ NO _59x3 A: GENERAL =UIREMENTS Application of__Ci ty Ordinances /Policies 1. The conditions of approval of this Vesting Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his heirs, assigns, and successors of the conditions of this Map. A notation which references conditions of approval shall be included on the Final Map in a format acceptable to the Director of Community Development. 3. This Vesting Tentative Tract Map shall expire three years from the date of its approval. The Director of Community Development may, at his discretion, grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in 4 CAWRES0SW8mwsW8- 353 -pac wmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 5 writing, at least 30 -days prior to the expiration date of the permit. 4. Prior to recordation, the builder shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. 5. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: The City bears its own attorney fees and costs; The City defends the claim, action or proceeding in good faith. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the subdivider. The subdivider's obligations under this condition shall apply regardless of 5 CAI mRES0ST8msosW- 353 -pac commmpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting-Tentative Tract Map No. 5053 Paae 6 whether a final map or parcel map is ultimately recorded with respect to the subdivision. Title Report 6. The subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. C. UTILITY AGENCY REWIREMENTS 7. Prior to approval of a Final Map, the subdivider shall demonstrate by possession of a District Release from the Cal•leguas Municipal Water District that arrangements for payment of the Construction Charge: applicable to the proposed subdivision have been made. The subdivider shall comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. Unc and i t i ona L&vai labi l ity -S,e tt er 8. Prior to approval of a Final Map, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate water or sewer service. 6 C71mRES0S198mws198 ,353-pac wmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paae 7 9. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. Surety Bond for Tit 1 ities 10. Prior to approval of a final map,, the subdivider shall post sufficient surety bond to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. Prior to the issuance of an occupancy permit for the last house in the tract, all existing utilities shall also be undergrounded to the nearest off - -site utility pole with the exception of 69 KVA 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 roads of the site. All utility lines either existing or proposed that must connect across Los Angeles Avenue to provide service to this site shall be placed underground via an underground conduit. D. FEES.,- CONTRIBUTIONS_AND DEPOSITS 11. The Map shall be submitted in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees" Fe-ea _In- Lieu.of_ Park _Dedication 12. Prior to approval of the Final Map, the subdivider shall pay fees in accordance with Section 8297 -4 of the City's Subdivision Ordinance (Parks and Recreation Facilities). Citvwide_Traffic Mitigation _Fee 13. Prior to recordation of the Final Map, the applicant shall pay a Citywide Traffic Mitigation Fee of $3,000 for each of the residential units. 7 CA1m1RESQSWrewsW8- 353 -pac wmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Pacae 8 CC &_R_Requirement 14. Covenants, Conditions, and Restrictions (CC &R's) establishing a Homeowners' Association for the proposed division shall be prepared and shall identify the maintenance responsibilities of the Homeowners' Association including, but not limited to, the following: The CC &R's shall address the maintenance of all streets and common - shared driveways, all storm drains and channels, the landscaped entry areas, any slope directly affecting drainage or street facilities, and any dams (collectively "Maintenance Areas ") owned by the Homeowners' Association. 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 City's 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. 15. 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. 16. 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. 17. 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' 8 CA WESOS08msmOB- 353 -pac wmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned'Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 9 Association shall enforce the CC &R's. 18. 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. 19. The CC &R's shall include a requirement that ultra -low water consumption plumbing fixtures shall be installed consistent with City Ordinance No. 132. The CC &R's shall also include a requirement for the following energy saving devices: a. Stoves, ovens, and ranges, when gas fueled, shall 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. 20. A fencing, perimeter, and privacy barrier wall plan (complete with related landscaping details) identifying the materials to be used and proposed wall heights and locations shall be submitted to and approved by the Director of Community Development. The approved fencing and barrier wall plan shall be incorporated into the CC &R's. All fencing and barrier walls along lot boundaries shall be in place prior to occupancy. The proposed 8 foot high screen wall along the western property boundary adjacent to Maureen Lane shall be completed in its entirety prior to occupancy of any unit. 21. The CC &R's shall include language to insure that no sheet flow of drainage occurs between lots located within or adjacent to the project. 22. The CC &R's shall include language=_ prohibiting use of wood or asphalt shingles as roofing materials for residential structures. 9 C71mPES0S198mws198- 353 -pac wmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paae 10 23. Single and multi - family units shall comply with all pertinent Title 24 and Uniform Building Code conditions regarding handicapped access and facilities. 24. CC &Rs shall include language that discourages excessive noise generating activities in garages consistent with adopted community noise standards. Garages shall not be used for residential purposes. 25. The CC &R's shall require the Homeowner's Association to 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. 26. The CC &R's shall disclose the existence of the existing zoning district which allows equestrian uses along Maureen Lane. This should also be disclosed in the white report and by separate disclosure to potential buyers. The CC &R's include condition that limits use of the parking zone adjacent to the recreational area to a minimum loading zone for two spaces and handicapped parking for two spaces. 27. The CC &R's shall have language indicating there shall be no parking within any of the curl -de -sac streets providing direct access'to residential units. All parking cul -de -sac streets shall limited to garages or the driveway area of individual residences where the apron has a minimum length of 18 feet from the garage door to the street entry. 28. 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, except for the pedestrian access to Via Campesina. 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. 29. Prior to Final Map approval, a ten foot landscaping easement shall be dedicated on the map along the western property line perimeter of the proposed project to act as 10 C.11mV?ES0SW8resosW- 353.pac wmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 11 a•buffer for adjacent development along Maureen Lane. The easement shall include restrictions to require that this area be used exclusively for landscaping. A maximum of 5 feet of this buffer area may be transferred in ownership through the Lot line Adjustment procedure to adjacent individual owners of lots which have frontage on Maureen Lane. The buffer area which remains within the lot line of RPD 96 -1 shall be maintained by the Homeowners Association. • ••• 004@19 Q fewele) gyp • 30. The Subdivider /Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a Registered Civil Engineer. The Subdivider /Developer shall enter into an agreement with the City of Moorpark to complete the improvements and shall post sufficient surety guaranteeing completion of all :improvements. 31. Concurrent with submittal of the rough grading plan an Erosion Control Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for hydroseeding on all graded areas within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if'. available from Waterworks District No. 1 at the time of grading permit approval. 32. Requests for rough grading permits will be granted in accordance with RPD 96 -1 and the approved Tentative Map No. 5053, as required by these conditions and local ordinance. 33. The project has been authorized to import 20,000 CY of soil subject to conditions. Any additional import shall require 11 C:UmWESOS198ms 198- 353 -pac wmm.wpd r RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 PaQe 12 Council approval prior to the commencement of hauling or staged grading operations. 34. The Subdivider /Developer shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform witrn Reuse Permit procedures administered by the County Water Resources Development Department. 35. Temporary irrigation, hydroseeding or equal measures acceptable to the City Engineer for erosion and dust control shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that :remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first. 36. All development areas and lots shall be designed and graded so that surface drainage is directed to street frontages or natural or improved drainage courses as approved by the City Engineer. Geotechniaal /Geningy_Review 37. The Subdivider /Developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Subdivider /Developer shall also provide a report which discusses the contents of the soils as to the presence or 12 CA1mWES0S198 mws198- 353 -pac wmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting-Tentative Tract Map No. 5053 Paqe 13 absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report(s), by the City's Geotechnical Engineer, shall be required. The Subdivider shall reimburse the City for all costs including the City's administrative fee for this review. 38. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). .. .. ... r. "9KT.VW .. .- 39. The Subdivider /Developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: 13 C.11mlRES0SW8msosW8- 353.pac comm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 14 b. All storm drains shall carry a 50 -year frequency storm; c. All catch basins shall carry a 50 -year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e. All culverts shall carry a 100 -year frequency storm; f. Drainage facilities shall be provided such that surface flows are intercepted and contained in an underground storm drain prior to entering collector or secondary roadways; g. Under a 50 -year frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector street shall have a minimum of one dry travel lane in each direction. h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the Developer; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j. If the land to be occupied is in an area of special flood hazard, the Developer shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited f_nto the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owner unless otherwise approved by 14 O.1 WESOSWftws08- 353 -pac wmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 15 the City Council. 1. Concrete drainage structures shall be tan colored concrete, as approved by the Director of Community Development, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. m. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. 40. The Subdivider /Developer shall demonstrate for each building pad within the Tentative Map area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. c. Hydrology calculations shall be per current Ventura County Standards. 41. The placement of the ± ten foot wide storm drain that traverses across Tract 5053 is an integral part of the overall drainage pattern that affects this map. Completion of this storm drain facility is required and the width of the easement for this storm drain shall be approved by the Ventura County Flood Control District. 42. The Subdivider /Developer shall demonstrate that, upon occurrence of the failure of the storm drain system and the intersection of West Street and South Street, the storm overflow will pass to Arroyo Simi without flooding adjacent housing. NatiQnal__Pollutant -Discharge Elimination -Sya em _— UMDES) 15 C:11mIRESOS198resosN- 353-pw oommxpd RESOLUTION NO. PC -98 -356 Residential Planned-Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 16 43. Prior to the issuance of any [construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Stormwater Pollution Control Plan (SWPCP) , on the form provided by the City for the review and approval of the City Engineer. a. Improvement plans shall note that the contractor shall comply to the "California ,S_torm__Water Best Management Practice Handbooks" b. The Subdivider /Developer shall also comply with NPDES objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. 44. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 45. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. 46. All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo" 47. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. Parking and associated drive areas with 5 or more spaces shall be designed to minimize degradation of stormwater quality. Best Management Practices, such as oil /water separators, sand filters, landscaped areas for infiltration, basins or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted to the City Engineer for review and approval prior to the issuance of a 16 CAWESOS08es W &353 -pac mmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 17 building permit. 48. 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 the watercourse is made. All materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the revised 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. If updates to the flood zone have been made a conditional letter of map revision shall be provided to the City prior to issuance of a zone clearance for occupancy of the first residential unit. The Developer will be responsible for all costs charged by the FEMA and the City's administrative costs. 49. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 50. The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities (if applicable) must also be acceptable to the Ventura County Flood Control District. 51. The following requirements shall be included in the CC &R's a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. 17 CAWRES008mms198- 353 -pac comm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 18 c. Private roads and parking lot s /drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive- throughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain If any cleaning agent or degreaser is used, washwater shall not discharge to the storm drains; washwater should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. f. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. Area shall be paved with impermeable material. No other area shall drain onto these areas. There shall be no drain connected from the trash enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. National -P9llutant_Discharoe_&limina io-n- yatem (NPDES) 52. Prior to the issuance of any [construction /grading permit] and /or the commencement of any clearing, grading or excavation, the applicant /owner shall submit a Stormwater 18 C.11mWES05198mms198- 353 -paces mmpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 19 Pollution Control Plan (SWPCP) , on the form provided by the City for the review and approval of the City Engineer. a. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. b,. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to stormwater and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. c. Improvement plans shall note that the contractor shall comply to the " California- _- EtornL_ Water _Bes-t_Management Pra c t i aa- Handbooks 11 d. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall also submit a Notice of' Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant /owner shall comply with all additional requirements of this General Permit including preparation of a Stormwater Pollution Prevention Plan ( SWPPP) e. The Subdivider /Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. f. The Subdivider /Developer shall also comply with NPDES 19 CAWRESOS196msossN- 353 -pac comm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 20 objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. 53. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. 54. The project construction plans shall incorporate Best Management Practices (BMPS) applicable to the development for the review and approval of the City Engineer. Street__Improv__ement_ Rpgi,i -ements 55. The Subdivider /Developer shall. submit to the City of Moorpark for review and approval, street improvement plans _ prepared by Registered Civil Engineer; shall enter into an agreement with, the City of Moorpark, to complete public improvements; and shall post sufficient surety guaranteeing the construction of all improvements. Public streets shall conform to the Ventura County Road Standards (most recent version). 56. The street right -of -way improvements shall include concrete curb and gutter, parkways, new street lights, and signing, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The developer shall dedicate any additional right -of -way necessary to make all of the required improvements. Los Angeles Avenue 57. The street right -of -way plan shall provide that a 6 foot wide sidewalk and 8 foot parkway to be constructed along the Los Angeles Avenue property frontage. The parkway shall be located adjacent to the curb, on Lost Angeles Avenue, with the sidewalk lying south of the property line and the new parkway. There shall be a 2% slope for 1 foot behind the sidewalk. An 18 inch slough wall and planter adjacent to the 20 C: UmRESOS198resa W- 353 -pac wmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Pace 21 sidewalk is an acceptable alternative to slopes and landscaping. 58. Entrance curb returns shall be 115 foot radius. 59. The entrance at West Street shall be designed to include: a. Provisions to install a "No Trucks" sign on Los Angeles Avenue: and b. Traffic control devices acceptable to Caltrans and the City Engineer that prohibit ].eft turn movements onto Los Angeles Avenue. 60. This project shall be responsible to provide a bus turnout - loading zone along the Los Angeles Avenue street frontage or at an alternative location adjacent to this project as agreed to by the Public Works Director, City Engineer and Moorpark Unified School District. The specific size and design characteristics shall be determined by the Public Works Director. Pedestrian__Conriecti -u to Liberty_B —p 1 Road 61. A private pedestrian access easement, a minimum of 12 feet in width with a 6 foot wide paved walk and fenced with the specific design to be approved by the Community Development Director, shall be provided to connect this project to Liberty Bell Road at Villa Campesina Avenue. A security gate allowing unattended passage in both directions for residents shall be installed. Additionally, the area within the fence lines that is not paved shall be landscaped unless integrated into a future project where landscaping and fencing may be waived by the Community Development Director. The Flood Control facilities may not be used for this purpose unless specifically approved by the City Council. Other Streets 21 C' 11m1RES0S198ms0sW 8-353 -paces m.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 22 62. "North ", "South ", "East" and "West" streets shall be designed per Ventura County Standard Plate B -SA. Shasta Avenue Design shall be as shown in the tentative map modified to separate the sidewalks from the curbs with 6 feet of landscaped parkway. 63. The entrance gate for the West: Street entrance shall be located such that a minimum of 140 feet shall be available for vehicular storage south of the southerly Los Angeles Avenue curb line. 64. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The Subdivider /Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 65. The final design and location of all barrier walls, streetscape elements, urban landscaping are subject to the approval of the Director of Community Development. 66. In accordance with Business and Professions Code 8771 the street improvement plans shall, provide for a surveyors statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. 67. Any right -of -way acquisition :necessary to complete the required improvements will be acquired by the Developer at his expense. 68. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. 69. The Developer shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which 22 CUNRESOS498res W8- 353- pac=m.wpd _ RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 23 require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other off -site improvements required by the conditions as described herein. 70. The Developer shall demonstrate legal access to all lots to the satisfaction of the City Engineer. 71. Prior to final map approval, the Developer shall pay to the Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the developer would not have to pay the AOC fee. 72. The applicant shall cause to be designed and constructed, at his own expense, a traffic signal at the intersection of Los Angeles Avenue and Shasta Avenue. a. The signal system shall be designed by a traffic engineer registered in the State of California and provide for left turn phasing, traffic actuation and interconnected operation. b. Interconnect conduit and wiring shall be installed to connect to the traffic signal controller to the east. c. Traffic signal plans are to be reviewed and approved by the City Engineer. 73. The applicant's traffic engineer shall submit a traffic warrant study addressing the need for a signalized intersection at Los Angeles Avenue and Maureen Lane. If a signal is warranted, the applicant shall contribute a pro - rata share of the cost of improvements. The applicant's traffic engineer shall provide the City Engineer a "Fair Share Analysis" of the project's added traffic for 23 C11mWESOS198rew&A98- 353-pac mmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 24 calculation of the pro -rata ("fair share ") amount. 74. Any special street intersection treatments shall be approved by the City Engineer and the Director of Community Development. 75. The Applicant shall make a special contribution to the City representing the developers pro -rata share of the cost of improvements at the following intersections: Los Angeles Avenue /Gabbert Road ($90,000) Los Angeles Avenue /Moorpark Avenue ($150,000) The actual contribution (pro -rata share shall be based upon the additional traffic added to the intersection. The developer's traffic engineer shall provide the City Engineer a "Fair Share Analysis" of the projects added traffic for calculation of t:he pro -rata ( "fair share ") amount. UTILITIES 76. Utilities, facilities and services for Tract 5053 will be extended and /or constructed in conjunction with its phased development by the developer as the project proceeds. Water & Sewer a. The developer will be responsible for the construction of all onsite and offsite sanitary sewer facilities to serve the project. The developer shall enter into an agreement with V.C.W.W. Dist. No. 1 to construct the improvements and the system will be dedicated to V,C.W.W. Dist. #1 for maintenance. b. Prior to recordation of a final map, the City, Calleguas Municipal Waterworks District and Ventura County Water District No. 1 shall approve final plans for water dis- 2 4 C:1WESOS198msos198- 353 -pac commmpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 25 tribution. Either the subdivider shall construct the re- quired distribution facilities or enter into an agreement with the Calleguas Municipal Water District and /or Ventura County Waterworks District No. 1 stating when and how facilities will be funded and constructed. The system will be designed and constructed to meet the requirements of the proposed land uses and applicable City, Calleguas and V.C.W.W. District No. 1 standards. Other Utilities: c. Provisions for electrical, natural gas, telephone and solid waste collection services and cable television shall be made prior to development of the project area. All services can be extended by each respective company to meet future demands of the tract. Natural gas service will be provided by Southern California Gas. Electric service will be provided by Southern California Edison. Telephone service will be provided by Pacific Bell. Solid waste collection will be provided by private companies as regulated by the City. These services will be phased in conjunction with development of the project area. 77. All utilities shall be placed underground. Acquisition of EaaementfiL and Right of -_W&y 78. If any of the improvements which the Developer is required to construct or install are to be constructed or installed upon land in which the Developer does not have title or interest sufficient for such purposes, the Developer shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the Developer wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governmental Code Section 66462.5. 25 C:I1ARESOSWmsa W&353 -pac wmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 26 b. Upon written direction of the City supply the City with (I) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. c. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the Developer will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 79. The Developer shall offer to dedicate to the City of Moorpark public service easements as required by the City. where gated access is provided, the applicant shall provide a means for immediate access of fire and police emergency vehicles. a. 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 of the Ventura County Fire Protection District. 80. Prior to submittal of the Final Map to the City for review and prior to approval, the Developer shall transmit by certified mail a copy of the conditionally approved Tentative Map together with a 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 C: 11mWESOS198resos198353Wc comm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paoe 27 •,P •, : • 81. All conditions required prior to Final Map Approval shall be complied with. 82. All structures and walls in excess of 6 feet in height require Planning Department approval. 83. Grading may occur during the rainy season from October 15 to April 15 subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. 84. Prior to any work being conducted within the State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. 85. During clearing, grading, earth moving or excavation opera- tions, dust emissions should be controlled by regular water- ing with reclaimed water, if available, paving construction roads and other dust prevention measures. The Developer shall submit a dust control plan, acceptable to the city, concurrently with submittal of the rough (as opposed to the fine) grading plan. This plan shall include, but is not be limited to the following measures: a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The Dust Control Plan shall indicate the number of water 27 C OARE505198mws198- 353 -pe c m.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 28 trucks which will be available for dust control at each phase of grading. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 20 mph averaged over one hour) . The contractor shall maintain contact with the Air- Pollution Control District (APCD) meteorologist for current information about average wind speeds. c. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. d. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent excessive amounts of dust. e. Keep all grading and construction equipment on or near the site, until these activities are completed. f. Face masks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust which may contain the fungus which causes San Joaquin Valley Fever. g. The area disturbed by clearing, grading, earth moving, or excavation operations shall. be minimized to prevent excessive dust generation. h. Wash off heavy -duty construction vehicles before they leave the site. 86. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: a. Apply non - hazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing, soil- binding plant to reduce wind erosion and its contribution to 28 CA1mWESOST8mwsW-353 -pac commmpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 29 local particulate levels. b. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) Which may have accumulated from construction activities. 87. All diesel engines used in construction equipments should use high pressure injectors and reformulated diesel fuel. 88. During smog season (May- October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit con- struction during Stage II alerts. 89. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 90. Truck noise from hauling operations shall be minimized through establishing hauling routes which avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and be approved by the City Engineer. 91. The Subdivider /Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 92. Equipment not in use for more than ten minutes should be turned off. 29 C: VmWE50519&ews08- 353 -pac wmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned.Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paae 30 93. If any hazardous waste is encountered during the construc- tion of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Con- struction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 94. The Subdivider /Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 95. Equipment engines shall be maintained in good condition and in proper tunQ as set forth in manufacturers specifications. •: • o\ f4w Affel • ',1:11 \ • • :4 96. An As- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. 97. A copy of the recorded Map(s) shall be forwarded to the City Engineer for filing. 98. A final grading certification shall be submitted to and approved by the City Engineer. •' • \ • • 11F•\ 99. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 30 C11MRES0S08mws08- 353.pac mmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 31 100. The Subdivider /Developer 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. 101. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety bonds that are in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 102. Original "as built" plans will be certified by the Developer's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as builds" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builds" plans is required before a final inspection will be scheduled. Offer of Dedication and - Maintenance Agreement_ 103. Prior to approval of the Final Map, the applicant shall provide an irrevocable offer of an easement and execute a "Maintenance Agreement" between Cal Trans and the City subject to approval of Cal Trains and the City, to ensure maintenance of the landscaping within the Cal Trans right - of -way to the City and execute for the purpose of maintaining all landscaping along Los Angeles Avenue. Prior to approval of the Final Map, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping of the site adjacent to Los Angeles Avenue. The area referred to shall be all landscaped portions of the required setback area adjacent to the public right -of -way along 31 01WESOS198resoA98- 353 -pw mmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 32 the street frontages. The applicant shall be responsible for maintenance of the aforementioned area as well as the landscaping within the public right -of -way adjacent to the project. If the City at it's sole discretion determines the landscape maintenance is determined to be unsatisfactory in any of the aforementioned areas, the City may invoke the offer of dedication and assume responsibility at the owner's expense for any or all of the aforementioned areas. The total cost of maintenance for the areas noted above shall be borne by the applicant. The City may at its sole discretion place the aforementioned areas in a landscape maintenance assessment district. The applicant shall record a covenant to this effect. The applicant shall maintain the right' to protest the amount and spread of any proposed assessment, but not the formation of, or annexation to a maintenance assessment district. Verti�a]__Claarance of Driveways 104. All driveways shall have a minimum vertical clearance of 13 feet 6 inches. Gates 105. Gates used to control vehicle access shall be designed as required by the Fire Department Gate Guidelines. Design criteria includes, stacking method of gate control, clear widths, and Knox systems for secured gates. Gate plan details shall be submitted to the Fire Prevention Division for review and approval prior to construction or map recordation. Accas,q8oad 106. The access roadway(s) shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, 32 C:1WESOS198ms 198-353-pac =m. wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paae 33 approved fire protection system or systems shall be installed as required and acceptable to the Fire District. On- -street _Paralle — Parkna 107. Where two -way traffic and on- street parallel parking on both sides occur, a 36 foot street w=idth shall be provided. Cul-de -sac-s 108. Where a cul -de -sac serves 800 feet in length, a provided. Where less than 25 feet of access shall be be fire sprinklered. Turnaround 15 or :Eewer units and is less than 32 foot street width shall be 32 feet is provided, a minimum of provided and all structures shall 109. Approved turnaround areas for fire apparatus shall be provided where the access road is 150 feet or farther from the main thoroughfare. Street Names 110. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center for review and approval. 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 the Ventura County Road Standards. 111. Prior to construction, the applicant shall submit plans to the Fire District for approval of the location of the hydrants. On plans, show existing hydrants within 300 feet of the development. Proposed hydrant is not acceptable. 112. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum 33 C OmWESOS198resos198- 353 -px wmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting,Tentative Tract Map No. 5053 Paqe 34 standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch and one 2 % inch outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. c. Fire hydrants shall be spaced 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 set back in from the curb face 24 inches on center. Fire flow 113. A minimum fire flow of 1,000 gallons per minute at 20 psi shall be provided at this location. The applicant shall verify that the water purveyor can provide the required volume at the project. Review. Of _Mans_ for Fire l ads 114. Prior to construction the applicant shall submit two (2) site plans to the Fire District for review and approval of the location of the fire lanes. The fire lanes shall be in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 115. Address directory maps shall be! provided at each entrance indicating all streets, driveways, building numbers, unit numbers, and any additional information that would assist in locating individual units. Directory maps shall meet the requirements of the Fire District and shall be submitted to the Fire Prevention Division for review and approval prior to map recordation. F.ArFr*r4rz131 M I= 34 C:Vm1RES0SNm osW8J53 -pac mmm.wpd _ RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 35 116. Address numbers, a minimum of`. 4 inches high shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 117. A plan shall be submitted to the Fire District for review and approval indicating method in which buildings are to be identified by address numbers. Ve-r- ation__of_PirQ__ Flo w 118. Prior to recordation, the applicant shall provide to the Fire District verification from the water purveyor that the purveyor can provide the required fire flow for the project. 119. Building plans of public assembly areas which have an occupant load of 50 or more, shall be submitted to the Fire District for review and approval. Fire_ P�nkl_ers 120. All buildings shall be protected by an automatic sprinkler system. Plans shall be submitted with payment to the Fire District for review and approval. 121. All grass or brush exposing any structure (s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. Spars Arrestor 122. An approved spark arrestor shall be installed on the chimney 35 C ;UmLRESOSWBmso W-- 353 -pac mmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Pane 36 of any structure(s). VCFD Form No. 12.6 123. Applicant shall obtain VCFD Form No. 126 "Requirements For Construction" prior to obtaining a building permit for any new structures or additions to existing structures. WATERWORKS_D1STR= .NO_.l__jCONDITIONS: 124. Subject property is not within the boundaries of Ventura County Waterworks District No. 1 for water and sewer service. The property will have to be annexed to the to the District prior to final map approval. Applicant shall be required to comply with the Ventura County Waterworks District No. 1 Rules and Regulations including all provisions of or relating to the existing Industrial Waste Discharge Requirements and subsequent additions or revisions, thereto, and pay applicable fees. Any requirements by Ventura County Fire Protection District greater than the District's existing facilities are the responsibility of the applicant. Approval of Residential Planned Development Permit No. 96 -1 subject to compliance with the following conditions: u 4 �P • • �I�I 1. • a► • • u N 103.:if�:i�Ci a .r Permitted Uses 1. The permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations. The location and design of all site improvements shall !oe as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. Any change 36 C11mWESOS08reS0608- 353 -pn wmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 37 from the submitted product mix shall require approval of a modification to the Residential Planned Development Permit. Requirement_ for_Affor_dable Housing Agreement 2. Approval of the Residential Planned Development Permit and Tentative Tract Map is conditioned upon execution of a Affordable Housing Agreement between the City of Moorpark and the applicant or developer. Compliance with the terms and conditions of this Agreement shall address affordable housing provisions. The Agreement is subject to the approval of the City Council, and if compliance of the Agreement is not achieved, the City Council may initiate a Reversion to Acreage or other procedure, and nullify the Residential Planned Development Permit. The required provisions may be incorporated into the proposed Agreement. Use Snauguration 3. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than three years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to two (2) one (1) year extensions for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial two year period and the applicant has concurrently requested a time extension to the tentative tract map. The request for extension of this entitlement shall be made at least 30 -days prior to the expiration date of the permit. Modification--to-Permit 4. All facilities and uses other than those specifically requested in the application are prohibited unless an application for a modification has been approved by the City of Moorpark. Any minor changes to this permit shall require the submittal of an application for a Minor Modification and any major changes to this permit shall require the submittal 37 CA WRESOS08m=98-353- pac mmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paae 38 of a Major Modification as determined by the Director of Community Development. 0t1ler-ae- gufations 5. The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable regulations of the RPD zone and all requirements and enactments of Federal, State, County, and City authorities, and all such requirements and enactments shall, by reference, become conditions of this permit. Graffiti Removal 6. The applicant or his successors and assigns, or the Homeowners' Association shall remove any graffiti within five (5) days from written notification from the City of Moorpark. All graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. 7. Prior to issuance of a Zoning Clearance for construction, the applicant shall dedicate all access rights over any access easements on private streets within the site in order to provide access for all governmental agencies providing the public safety, health and welfare services. Phasing 8. Any phasing shall be approved by the Director of Community Development. The Director shall avoid to the extent possible any impacts to existing residential areas from construction traffic. Effec-t-of _Conditions 9. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, 38 GAWRESOS198rews196- 353 -pn mmm.xpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paste 39 the stricter ones shall take precedence. Seve-rability 10. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 11. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee o,f his obligation under this condition. 12. The permittee's acceptance of this permit and /or commencement of construction and/ or operations under this permit shall be deemed to be acceptance of all conditions of this permit. Surer _fD_r_ Zt ilia i es 13. Prior to approval of a final map, the subdivider shall post sufficient surety to assure that all proposed utility lines within and immediately adjacent to the project site shall be placed undergrounded to the nearest off -site utility pole. Prior to the issuance of an occupancy permit for the last house in the tract, all existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 69 KVA 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 roads 39 C 11ARESOSIMews199- 353 -pas wmm.wpd _ RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paae 40 of the site. All utility lines that must connect across Los Angeles Avenue shall be placed underground via an underground conduit. Pat J n- Covers, Ac_cesscs_y Structures _and—Second Story Decks 14. Patio covers and accessory structures shall adhere to the following requirements: Rear yard setback: Minimum five feet for the post allowing the lattice cover overhang to come within three (3) feet of the rear yard wall or property line. Side yard setback: Minimum five (5) foot setback for the post allowing the lattice cover overhang to be within three (3) feet of the :aide yard wall or property line. Patio Height: The patio cover may not exceed a height of twelve (12) feet including support posts or beams. Patio area: The total area of the patio cover may not exceed more than 40% of the rear yard area. Enclosed patios, patio walls greater than 42 inches high, patio covers with solid roofs or any type of second story deck are prohibited. 15. Rain gutters and downspout shall be provided on all sides of the structure for all units where there is a directional roof flow. Water shall be conveyed to the street or drives in non - corrosive devices as determined by the City Engineer. 40 CA 1mWES0SW8mwsW- 353Wc wmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting.Tentative Tract Map No. 5053 Paae 41 Roof- - Mount,-d_-Equipment 16. No roof mounted equipment (other than required vents) shall be permitted. Exceptions to this limitation must be approved by the Director of Community Development. Exterior Lighting 17. Exterior front yard lighting within the development shall be limited to illumination of entryways and address identification. Excessively bright and /or unshielded front door lighting shall be prohibited. Dedication_ of_Acc2es %_Rights 18. The applicant shall dedicate all access rights over any access easements on private streets within the project site in order to provide access for all governmental agencies providing the public safety, health and welfare services. Ene2-v_9avi1g -- Devices 19. That all residential units shall be constructed employing energy saving devices. These devices are to include, but are not limited to the following: a. Ultra low flush toilets (to not exceed 1.6 gallons); b. Low water'use shower controllers as required by Title 24 of the Uniform Building Code shall be placed on all shower facilities; c. Natural gas fueled stoves, ovens and ranges shall not have continuous burning pilot lights; d. All thermostats connected u�o the main space heating source shall have night set back features; 41 C]imPESOSIAMWS198- 353 -pat mmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 42 e. To ensure closure when not in use kitchen ventilation systems shall have automatic dampers; and f. Hot water solar panel stub -outs shall be provided. Maintenance_ Qf_Permit Area 20. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee or owner shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within five (5) days after notification. Archaeological _or_Historical__Finds 21. If any archaeological or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The permittee shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. The developer shall be liable for the costs associated with the professional investigation. !3 } {� }�Li7i�lifC�1�Li 11 : � h 22. The applicant shall indicate where the export of dirt from the site will be taken. If impost dirt is to be brought to the site, the applicant shall state the number of cubic yards and location of the borrow site. The City shall approve the haul routes. PRIOR TO ISSUANCE-0E_A-71OriING CLEARANCE, THE FOLLOWING _CONDITIONS SHALL._ BE__SATISFIED- 42 C.1WRESOS198MS0498- 353 -pac =m.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 PaQe 43 0-• •• • -u-• :• -• • OF WWWWOMWO 8- 23. Prior to issuance of a Zoning Clearance for Construction, the applicant shall dedicate tern (10) feet adjacent to the homes adjacent to Maureen Lane as a permanent buffer area. Citywide TraffijcMitigation_ Fee 24. Prior to the issuance of a Zoning Clearance for each unit, the applicant shall pay a Citywide Traffic Mitigation Fee of $3,000 for each of the 303 residential units. .0 . -vote _.- _• 25. Prior to issuance of a Zoning Clearance for construction, a complete landscape plan, together with specifications shall be submitted to the Director of Community Development. The plans shall conform to the following: a. Three sets of plans shall be submitted for each plan check. b. Each sheet of the plans shall be wet stamped and signed by the project landscape architect. The project landscape architect shall be_ licensed by the State of California. c. The plans shall include the following landscape components as appropriate: demolition, construction, irrigation, planting, details and specifications. d. Unless otherwise specified in these project conditions, the plans shall be prepared in general conformance with the Submittal Requirements and Landscape Standards described in the Ventura County Landscape Design Criteria. e. A separate Maintenance Plan shall be prepared in accordance with the Approval /Installation Verification r standards described in the Ventura County Landscape 43 C11mWES0S198resasW8- 353 -pac =om.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 44 Design Criteria. f. Unless otherwise specified in these project conditions, the plans shall be prepared in substantial conformance with the approved conceptual plans for the project. g. The applicant shall bear the full cost of landscape plan reviews, installation and inspections as deemed necessary by the Director of Community Development. h. Prior to initial review of the landscape plans, the applicant shall deposit funds for plan review in an amount specified by the Director of Community Development. The applicant: shall deposit additional funds upon request as needed to cover all landscape plan check and inspection fees. Any deposit balance remaining following final approval of the installation shall be refunded to the applicant. i. The following notes shall be included on the plans and shall be project conditions: i. All plant material shall conform to the current issue of the American Standard for Nursery Stock published by the American Association of Nurserymen. ii. Prior to final inspection by the City of Moorpark, the applicant's landscape architect shall provide written certification to the City, stating that the installation is in substantial conformance with the approved landscape plans. iii. Prior to final inspection by the City of Moorpark, the applicant shall provide a written certification for the operation of the backflow device. j. Unless otherwise approved, all open parking areas shall have fifty percent (50 %) shade coverage by broad leaf canopy shade tree. Shade coverage is defined as the 44 C: I1mIRES0S198msos198- 353 -pac comm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 45 maximum shade area created by a tree at fifty percent (50% at maturity). k. The planting plan shall indicate the proposed locations of light standards. The lighting and tree locations shall be designed to avoid conflicts. 1. All backflow preventers, transformers, and other above - grade utilities shall be appropriately screened with walls and /or plantings. m. The planting and irrigation design shall comply with the State of California Model water Efficient Landscape Ordinance. n. Prior to occupancy, the landscape installation shall be approved by the Director of Community Development. This approval shall be based upon written certification of the landscape installation by the City Landscape Consultant. o. Subsequent to occupancy, the landscaping shall be maintained in accordance with the approved Maintenance Plan. p. The landscape plan shall include planting and irrigation specifications for manufactured slopes and all common areas. q. A hedge, low wall, or mounding shall be constructed around the perimeter of the parking area to provide screening of the parking area from the surrounding streets. r. In the area of future buildings not under construction, turf and irrigation shall be installed. s. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: 45 CA 1ARESOS08msW98- 353 -pac wmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 46 i. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. ii. All plant species utilized shall not exceed the Irrigation Water Allowance, as discussed in the State Model Water Efficient Landscape Ordinance. iii. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle= or pedestrian (PD). iv. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. V. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street (PD). vi. Earthen berms and /or low walls shall be provided to screen views of parked vehicles from access roads. vii. Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. viii. A coordinated tree :planting program shall be developed which will provide a dominant theme tree within the components of the proposed development. ix. Irrigation shall be :provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace 46 C91mWES0SW8mwsUlB - 353 -pac wmawpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 47 any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. X. Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampas Grass, Spanish Broom, and Tamarisk shall not be used. xi. A riparian woodland :planting program (or other planting program as approved by the Community Development Director) along the Arroyo Simi shall be included in the landscape plan. This planting plan should be designed to provide a nearly continuous canopy of local riparian woodland trees along the Arroyo margin within the project limits. Trees to be planted should include native California broadleaf trees (Sycamore, Box Elder, Elderberry, Cottonwood, Alder, and other selected species). xii. The applicant shall :install purple pipe in all common areas for the purpose of using reclaimed water when available. xiii. Additional landscaping shall be added to the site to compensate for the dollar value loss of the existing trees to be :removed from the site. ConstruQt on_ Access -plan 26. The applicant shall submit a construction access plan to the Department of Community Development for review and approval by the Director of Community Development. Zoning Clearance 27. Prior to submittal of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. If an applicant desires, construction plans 47 C: IWESW98resos196- 353 -pac mmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 48' may be submitted to the Building and Safety Department with a City approved Hold Harmless Agreement. A zoning Clearance shall be obtained prior to initiation of any grading or construction activity. If the applicant desires, grading may be initiated upon obtaining a grading permit and providing a City approved "Hold Harmless Agreement ". 911104 . M03 _ .. 28. All final construction working drawings, grading and drainage plans, plot plans, final map (if requested by the Director of .Community Development) , sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Director of Community Development for review and approval. 29. The existing plans shall be revised by the applicant and approved by the Director of Community Development. The following revisions shall be made: a. The windows on all building elevations shall be provided with surrounds or other architectural features as approved by the Director of Community Development. b. All garage doors shall be of the roll -up sectional type and have automatic garage door openers. c. The recreational area shall contain a recreational building which will contain a shower and restroom facility as well as an exercise room. The outside facilities will include a pool (401x751), spa, tot lot and a recreational court. d. Entryways to the project as well as the courts and the walkway to the recreational area shall include decorative stamped concrete or other decorative surface as approved by the Director of Community Development. e. No wood fences are not permitted. The proposed wood 48 CA1mIRES0S198ma s19"53- pncomm.Wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paae 49 fences shall be replaced masonry or concrete products Development Director. Trees with fences constructed of as approved of the Community 30. Any removal of trees and the method of tree replacement shall be approved by the Director of Community Development as part of the landscape plan submitted by the applicant. Outstanding. Case Processing -Fees 31. The applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to issuance of a Zoning Clearance. The applicant, permittee, or successors in interest, shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of the RPD. Traf fi(..-S System Management,.,.. QontS.i.but_Lon 32. Prior to the issuance of a Zoning Clearance for construction, the permittee shall make a total contribution to the Moorpark Traffic Systems Management Fund (TSM) of $1,288.87 per unit to fund TSM programs or clean -fuel vehicles programs as determined by the City. Performance Bond 33. No Zoning Clearance may be issued for construction until all on -site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a Certificate of Deposit (CD)to guarantee the construction and maintenance of exterior improvements including, but not limited to perimeter tract walls (including stucco treatment), fences, slope planting or other landscape improvements not related to grading, private recreational facilities, etc. Said on -site improvements shall be completed within 60 days of issuance of a Certificate of Occupancy within a phase. In case of failure to comply with any term or provision of this condition, the 49 C 11mIRES0S190msos198353-pac cmam.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 50 City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the deposit; however, the Certificate of Deposit must be kept in full effect for one year after the last occupancy to guarantee that items such as perimeter tract walls, including stucco treatment; landscaping; fences; slope planting or other landscape improvements not related to grading; private recreational facilities, etc. are maintained. Vents -and Mer-al. Flashing 34. All roof vents and metal flashing shall be painted to match the roof color. All deck drains shall drain to the side and not facing the private street. Swimming -col 35. A six (6) foot high wrought iron fence with pilasters shall be provided around the swimming pool area. All fences and walls shall be approved by the Director of Community Development. The height of the walls around the perimeter of the project shall be in substantial conformance with perimeter walls or fence details included in the project landscape plans. Sound attenuation referenced in any acoustical report prepared for the project shall be taken into account as necessary. All wall heights shall be in substantial conformance with preliminary architectural and landscape plans; the final wall design shall be prepared in consultation with the Director of Community Development. Landscaping berms and other planting techniques shall be employed to minimize the visual dominance around the development. 36. Solar panels for heating any swimming pool constructed within the development shall be subject to the approval of the Director of Community Development prior to the issuance of a Zoning Clearance for construction. All solar panels shall be designed so as to be part of the overall design of the structure supporting it. 50 C UmIRES0S198mwsW8- 353 -pw =M.wpd _ RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Page 51 o. - Lis 37. Bullnose stucco molding shall be used to soften all exterior edges of residential buildings. Garage Size 38. Individual garages shall be a minimum inside dimensions of 20 feet in length and 20 feet; in width with a minimum interior height of 8 feet. Adjacent -Property _ -Walls and Fences 39. All property line garden walls or wrought iron fences shall be no further than one inch from the property line. Provision for —Image_ Conversion _of- _Plans- :nta_Optical_'_ormat 40. Prior to issuance of the first Certificate of Occupancy, the builder shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. W 101 41. Television cable service shall be provided to all residential units consistent with existing cable system requirements. Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of the residential buildings. Color_ of _Exterior_�Building_Iaterials 42. All exterior building materials and paint colors shall be those that were approved per the exhibits to the Department of Community Development. 51 CVmWES0S19&ms198- 353-pnc m.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paae 52 43. No asbestos pipe or construction materials shall be used. Public Nuisance 44. The Director of Community Development may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance ". The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the conditions of approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code_ Section 1.12.080). Tree -Removal _Permit 45. The applicant shall obtain a Tree Removal Permit for any trees to be removed. As a condition of the Tree Removal Permit, the applicant shall provide an additional $10,700 worth of 24 inch box trees along the south and west slopes and other locations as approved by the Director of Community Development. This amount may be reduced by the amount of the value of any trees to remain. PRI.QA......TS%_._.THE__ ISSUANCE --U...__8_FSTTLpING HERMIT -,— THE__ FOLLOW1HGz CONDITIONS SHALL BE SATISFIED: Will Serve Letter 46. An "Unconditional Will Serve Letter" for water and sewer service shall be obtained from the Ventura County Waterworks District No. 1. PRIOR.. TO _OCCUPANCY. THE FOLLOWING CONDITIONS_ SHALL _-BE _SATISFIED- CoTnletion of _Landscaping on_Slones and. Front_ Yards 47. Landscaping on slopes shall be completed prior to issuance 52 C:11mIRESOS198resos198- 353 -pn omm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paae 53 of the first Zoning Clearance for Occupancy and the front yard landscaping shall be completed for each lot prior to it's occupancy. Acceptance of QrL- Site —I Zprovements 48. No Final Inspection approval shall be granted prior to acceptance of site improvements such as perimeter and retaining walls, landscaping, fences, slopes, private recreation areas, and other improvements not related to grading, etc., or the applicant has provided sufficient security as approved by the Director of Community Development to guarantee completion of the improvements. Said on -site improvements shall be completed within 60 days of issuance of Final Inspection approval. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to satisfaction of the City, the City Council may reduce the amount of the surety. However, the surety must be kept in full effect for one year after initial occupancy to guarantee the items such as perimeter and retaining walls, landscaping, fences, slopes, private recreation areas, and other improvements not related to grading, etc. are maintained. 49. All related perimeter and garden walls shall be constructed prior to the issuance of a zoning clearance for occupancy. u .u. •. PRIOR TO ISSUANCE OF THE FIRST ZONE CLEARANCE FOR RESIDENTIAL CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 50. The applicant shall have recorded Tract Map 5053. The Conditions of Approval for Tentative Tract Map 5053 shall apply to Residential Planned Development Permit No. 96 -1 53 C: 11mkRES05198rews198- 353 -pw wmm.wpd _ RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paae 54 Construction_ site security; 51. A licensed security guard is :recommended during the off hours of the construction phase, or a 6' high chain link fence shall be erected around the construction site. 52.. Construction equipment, tools, etc. shall be properly secured to prevent theft during non - working hours. 53. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured to prevent theft prior to installation during non- working hours. All serial numbers shall be recorded for identification purposes. All building material shall be properly secured to prevent theft. 54. If an alarm system is used, it should be wired to all exterior doors, windows, roof vents or other roof openings where access may be made. Lighting: 55. Parkways shall be well lighted with a minims maintained one foot candle of lighting at ground level. 56. Lighting devices shall be protected against the elements and constructed of vandal resistant materials. 57. Lighting devices shall be high enough to eliminate anyone on the ground from tampering with them. 58. Landscaping shall not cover any exterior door or window. 59. Landscaping at entrances /exits or at any intersection shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 60. Landscaping (trees) shall not be placed directly under any 54 0: 11mIRES0S198res0s198- 353 -pac mmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 PaQe 55 overhead lighting which could cause a loss of light at ground level. Building access and visibility: 61. Address Numbers shall be placed on all buildings, in an obvious - sequenced_ pattern,__ to _1Z- _reviewed_by the_- communi y services - officer prior to de— g- gelation._ -- 62. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. Open space, Fenc-es; -- 63. Fences or fencing gates on side yards should be constructed of wrought iron spaced at 4" on center. This will allow for detection of intruders by neighbors. 64. Parking shall be prohibited in areas of driveways other than in designated parking spaces in front of garages, or other designated spaces. Security_.. requirements: Requirements for Locks. 65. Upon occupancy by the owner or proprietor, each single unit in the same residential project or commercial building development, constructed under the same development plan, shall have' locks using combinations which are interchange -free from locks used in all other separate dwellings, proprietorships or similar distinct occupancies within such residential project or commercial building development. Frames, ,Jambs. Strikes and Hinaes- 55 CAINRESOS198res W8- 353 -pac wmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 56 66. In wood framing, horizontal blocking shall be placed between studs at door lock height for three (3) stud spaces each side of the door openings. Garaae-tyjae DQQr$. 67. All garage doors shall conform to the following standards: 68. Wood doors shall have panels a minimum of 5/16 inch in thickness with the locking hardware being attached to the support framing. 69. Aluminum doors shall be a minimum thickness of .0215 inches and riveted together a minimum of eighteen (18) inches on center along the outside seams. There shall be a full width horizontal beam attached to the main door structure which shall meet the pilot, or pedestrian access, door framing within three (3) inches of the strike area of the pilot or pedestrian access door. 70. Fiberglass doors shall have panels a minimum density of six ounces per square foot from the bottom of the door to a height of seven (7) feet. Panels above seven (7) feet and panels in residential structures shall have a density not less that five (5) ounces per square foot. 71. Doors utilizing a cylinder lock shall have a minimum f .ive -pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one (1) inch. 72. Doors that exceed 16 feet in width, but do not exceed 19 feet in width, shall have the following options as to locking devices: a. Two lock- receiving points, ox- one garage- door -type slide bolt may be used if mounted no higher that 26 inches from the bottom of the door; b. A single bolt may be used if placed in the center of the door with the locking point located either at the floor 56 C.11mRESQS9&esosW8- 353 -pac wmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 57 or door frame header. c. Torsion spring counter balance type hardware may be used if such hardware substantially complies with the requirements of this chapter. 73. Except in a residential building, doors secured by electrical operation shall have a keyed switch to open the door when in a closed position, or shall have a signal locking device to open the door. 74. Doors with slide bolt assemblies shall have frames of a minimum of .120 inches in thickness, with a minimum bolt diameter of one -half inch and protrude at least 1 % inches into the receiving guide. A bolt diameter of 3/8 inch may be used in a residential building. The slide bolt shall be attached to the door with non- removable bolts from the outside. Rivets shall not be used to attach slide bolt assemblies. 75. Except in a residential building, padlock(s) used with exterior mounted slide bolt(s) shall have a hardened steel shackle locking both at head and toe and a minimum five pin tumbler operation with non - removable key when in an unlocked position. Padlock(s) used with interior mounted slide bolts(s) shall have a hardened steel shackle with a minimum four -pin tumbler operation. Sp-ecial_Building Provisions. - _Residential . 76. Except for vehicular access doors, all exterior swinging doors of any residential building and attached garages, including the door leading from the garage area into the dwelling unit shall be equipped as follows: a. All wood doors shall be of solid core construction with a minimum thickness of 1 -3/4 inches, or with panels not less than 9/16 inch thick. b. A single or double door shall be equipped with a single cylinder dead bolt lock. The bolt shall have a minimum 57 C:VmIRESOS198msos198- 353 -pxc mmpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paae 58 projection of one (1) inch and be constructed so as to repel cutting tool attack. The dead bolt shall have an embedment of at least 3/4 inch into the strike receiving the projected bolt. The cylinder shall have a cylinder guard, a minimum of five (5) pin tumblers, and shall be connected to the inner portion of the lock by connecting screws of at least 1/4 inch in diameter. A dual locking mechanism constructed so that both dead bolt and latch can be retracted by a single: action of the inside door knob, or lever, may be substituted, provided it meets all other specifications for locking devices. c. Door jambs shall be installed with solid backing in such a manner that no voids exist between the strike side of the jamb and the frame opening for a vertical distance of six (611) inches on each side of the strike. d. Door stops on wooden jambs for in swinging doors shall be of one piece construction with the jamb. Jambs for all doors shall be constructed or protected as to prevent the violation of the strike. e. The strike plate for dead bolts on all wood framed doors shall be constructed of minimum sixteen (16) U.S. gauge steel, bronze or brass and secured to the jamb by a minimum of two (2) screws, which must penetrate at least two (2) inches into solid backing beyond the surface to which the strike is attached f. Hinges for out - swinging doors shall be equipped with non- removable hinge pins or a mechanical interlock to prevent removal of the hinge pins from the exterior of the door. g. The inactive leaf of double door (s) shall be equipped with metal flush bolts having a minimum embedment of 5/8 inch into the head and threshold of the door frame. h. Glazing in exterior doors or within 12 inches of any locking mechanism shall be of fully tempered glass or rated burglary resistant glazing. 5B CA1mRES0S198fflWS198- 353 -pat comm.wpd _ RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paae 59 i. Except where clear vision panels are installed, all front exterior doors shall be equipped with a wide angle (180 degree) door viewer not to be mounted more than 58 inches from the bottom of the door. 77. Street numbers and other identifying data shall be displayed as follows: a. All residential dwellings shall display a street number in a prominent location on the street side of the residence in such a position that the number is easily visible to approaching emergency vehicles. The numerals shall be no less than four (4) inches in height and shall be of a contrasting color to the background to which they are attached. Dwellings shall have these numerals illuminated during the hours of darkness. b. There shall be positioned at each entrance of a single family dwelling complex an illuminated diagrammatic representation of the complex which shows the location of the viewer and the unit designations within the complex. In addition, each individual unit within the complex shall display a prominent identification number, not less than four (4) inches in height, which is easily visible to approaching vehicular and /or pedestrian traffic. 78. Lighting in single family dwellings shall be as follows: a. Aisles, passageways and recesses related to and within the building complex shall be illuminated with an intensity of at least twenty -five one hundredths (.25) foot candles at the ground level during the hours of darkness. Lighting devices shall be protected by weather and vandalism resistant covers. . b. Open parking lots and carports shall be provided with a maintained minimum of one foot candle of light on the parking surface during the hours of darkness. Lighting devices shall be protected by weather and vandalism resistant covers. 59 C: VmWESOS198m=198-353 -pac cromm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paae 60 79. Applicant for service shall comply with the Ventura County Waterworks District No. 1 Rules and Regulations. 4 UWKGOR 10 The Conditions of Approval for Tentative Tract Map No. 5053 shall apply to Residential Planned Development Permit No. 96 -1. 80. Applicant shall pay the current developer fee of $1.84 per square foot as funds beyond the minimum to mitigate K -12 student facilities housing needs. 81. The applicant shall establish a safe student pedestrian thoroughfare. f��Ii r •� •�r :• � 82. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (ie., greater than 20 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. 83. All trucks that will haul excavated or graded material off - site shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114 (b)(F), (e) (2) and (e) (4) as amended, regarding the prevention of such material spilling onto public streets and roads. 84. All unpaved on -site roads shall be periodically watered or treated with• environmentally safe dust suppressants to prevent excessive amounts of dust. 85. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent 60 C: OmWES0519&ms198- 353 -pac Wmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 61 excessive amounts of fugitive dust. 86. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants 'to prevent excessive amounts of dust. 87. On -site vehicle speeds shall not exceed 15 miles per hour. 88. Equipment engines shall be maintained in good condition and in proper tune as per manufacturers specifications. 89. Face masks are to be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust which may contain the fungus that causes San Joaquin Valley Fever. Dust also acts as a lung irritant and can cause lung damage. �M 1': • AM WN7111WMgy p :• • • • •� • 90. All connections to the Arroyo Simi shall be subject to review, approval and permitting by the VCFCD. The development shall limit the discharge to the Arroyo Simi to a 10 -year flow rate. There shall be no discharge from the development to the Shasta Drain. Deed restrictions shall be placed on the property to ensure maintenance of storm drainage facilities discharging to the Arroyo Simi. 91. The development shall be undertaken in accordance with the conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, National Pollutant Discharge Elimination System (NPDES) Permit No. CAS063339. Any existing or proposed drain connections to VCFCD jurisdictional facilities will require application of appropriate Best Management Practices (BMPs) such as filters, landscape areas for filtration, and /or basins installed to treat stormwater runoff prior to its discharge to the storm drain system. The project construction plans shall incorporate the BMPs applicable to the development for the review and approval of VCFCD. 92. The proposed flood control right -of -way appears to be 61 CA 1mkRES0SWmws198- 353.pac wmmmpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paqe 62 adequate. It should be dedicated in fee to the VCFCD. 93. Drainage shall be installed along the proposed right -of -way to collect and direct flow to a single discharge point. 94. A hydrology and hydraulic report is required to analyze the impact of the development on the capacity of the Arroyo Simi. A channel stability study should also be included in the report. Channel improvements may be required to improve the Arroyo's existing condition, and to mitigate the impact of the development. 95. An Encroachment Permit is required for any improvement in the District's right -of -way. 96. The project is subject to the requirements and the mitigation measures of the Countywide Stormwater Quality Management Program. All necessary facilities to treat the entire first flush stormwater pollutant load from the site must be provided prior to discharge to VCFCD channel. • 1� • ' 1M I� i • IMF 1M • • • 1 • It • � 97. Prior to issuance of a Building Permit to the recreation area of the project, the applicant shall obtain plan check approval of the swimming pool from the County of Ventura Environmental Health Division. 62 GAIARESOSWrewsW8- 353 -pac mmm.wpd RESOLUTION NO. PC -98 -356 Residential Planned Development Permit No. 96 -1 Vesting Tentative Tract Map No. 5053 Paae 63 The action of the foregoing direction was approved by the following roll call vote: AYES: Acosta, DiCecco, Lowenberg; NOES: Millhouse, Miller PASSED, APPROVED, AND ADOPTED THIS 8TH DAY OF JUNE, 1998 Gar ATTEST: Celia LaFleur, Secretary to the Planning Commission 63 C I1mWESOS198resosl9B 353 -pac commmpd