HomeMy WebLinkAboutRES 2000 396 0925RESOLUTION NO. PC- 2000 -396
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL CONDITIONAL APPROVAL OF
VESTING TENTATIVE TRACT MAP NO. 5204 TO CREATE
37 RESIDENTIAL LOTS, AND, RECOMMENDING
CONDITIONAL APPROVAL OF RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO. 99 -4 FOR 37 RESIDENTIAL
UNITS ON 4.8 ACRES OF LAND ON THE SOUTH SIDE
OF LOS ANGELES AVENUE IN THE VICINITY OF
LIBERTY BELL ROAD ON THE APPLICATION OF
PACIFIC COMMUNITIES (ASSESSOR'S PARCEL NOS.
506 -0- 050 -505)
WHEREAS, at a duly noticed Public Hearing on September 11 and
25, 2000, the Planning Commission considered the application filed
by Pacific Communities for approval of Vesting Tentative Tract Map
No. 5204 to subdivide an existing 4.8 acre parcel into 37
residential lots, and Residential Planned Development Permit No.
99 -4 for approval of a Residential Planned Development consisting
of 37 residential dwelling units; and
WHEREAS, at its meeting of September 11, 2000, the Planning
r Commission opened the Public Hearing, took testimony from all those
wishing to testify, and continued the Public Hearing to September
25, 2000; and
WHEREAS, on September 25, 2000, the Planning Commission closed
the Public Hearing; and
WHEREAS, the Planning Commission, after review and
consideration of the information contained in the staff report for
the Planning Commission meeting, and testimony, has made a decision
in this matter.
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.Q.A. Findings
1. That the Mitigated Negative Declaration and 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.
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2. The contents in the Mitigated Negative Declaration and Initial
Study have been considered in the various decisions on the
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 Monitoring Program has been prepared in
compliance with Assembly Bill 3180 and considered in the
various decisions regarding these projects.
Subdivision Map Act Findings:
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
et seq., in that:
e� 1. The proposed map is consistent with the applicable General
Plan.
2. That the design and improvements of the proposed subdivision
are consistent with the General Plan.
3. The site is physically suitable for the type of development
proposed.
4. The site is physically suitable for the proposed density of
development.
5. 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
will not conflict with easements acquired by the public at
large, for access through, or use of the property within the
proposed subdivision.
8. There will be no discharge of waste from the proposed
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subdivision into an existing community sewer system in
violation of existing water quality control requirements under
Water Code Section 13000 et seq.
9. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake, or
reservoir.
Residential Planned Development Permit Findinas
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 hereby finds that the
aforementioned projects as conditioned, will be consistent with the
City's General Plan prior to recordation of the Final Map.
SECTION 3. The Planning Commission recommends to the City
Council adoption of the Mitigated Negative Declaration and Initial
Study and Mitigation Monitoring Program and recommends to the City
Council adoption of the Mitigated Negative Declaration/ Initial
Study for the project is complete and has been prepared in
compliance with the California Environmental Quality Act (CEQA),
CEQA Guidelines, and City policy.
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Page 4
SECTION 4. That the Planning Commission hereby recommends to
the City Council conditional approval of Vesting Tentative Tract
Map No. 5204 for 37 residential lots, and conditional approval of
Residential Planned Development Permit No. 99 -4 for 37 dwelling
units on the application of Pacific Communities, subject to
compliance with all of the attached Conditions of Approval.
The action of the foregoing direction was approved by the following
roll call vote:
AYES: Commisisoner's Parvin. Ottor. Landis. Haller. DiCecco
NOES:
ABSTAIN:
ABSENT:
PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF SEPTEMBER,
2000
ATTEST:
Celia LaFleur, Secretary to
the Planning Commission
EXHIBIT A: Conditions of Approval
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CONDITIONS OF APPROVAL FOR
VESTING TENTATIVE
TRACT MAP NO. 5204
(Pacific Communities)
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CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5204
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS:
1) Application of City Ordinances /Policies - 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) Acceptance of Conditions - 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) Requirement for Affordable Housing Agreement - Approval of the
Residential Planned Development Permit and Tentative Tract Map
is conditioned upon execution of an 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 and Tentative Map approval.
4) Expiration of Map - This Vesting Tentative Tract Map shall
expire three (3) years from the date of its approval. The
Director of Community Development may, at his discretion,
grant up to two (2) additional 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 writing, at least 30 -days prior to the expiration date
of the map.
5) Image Conversion - Prior to recordation, the builder shall
provide to the City, an image conversion of plans (as
determined by the Department of Community Development) into an
optical format acceptable to the City Clerk.
6) Hold Harmless - 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
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annul any approval by the City or any of its agencies,
departments, commissions, agents, officers, or employees
concerning the subdivision, which claim, action or proceeding
is brought within the time period provided, therefore in
Government Code Section 66499.37. The City will promptly
notify the subdivider of any such claim, action or proceeding,
and, if the City should fail to do so or should fail to
cooperate fully in the defense, the subdivider shall not
thereafter be responsible to defend, indemnify and hold
harmless the City or its agents, officers and employees
pursuant to this condition. The City may, within its
unlimited discretion, participate in the defense of any such
claim, action or proceeding, if both of the following occur:
a) The City bears its own attorney fees and costs;
b) The City defends the claim, action or proceeding in good
faith.
The subdivider shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the subdivider. The subdivider's
obligations under this condition shall apply regardless of
whether a final map or parcel map is ultimately recorded with
respect to the subdivision.
7) Title Report
of Community
current titl
parties and
subdivision,
subdivision.
- The subdivider shall submit to the Department
Development and the City Engineer for review, a
e report which clearly states all interested
lenders included within the limits of the
as well as any easements that affect the
8 ) Calleguas Release - Prior to approval of a Final Map, the
subdivider shall demonstrate by possession of a District
Release from the Calleguas Municipal Water District that
arrangements for payment of the Construction Charge,
applicable to the proposed subdivision have been made. The
subdivider shall comply with Ventura County Waterworks Rules
and Regulations, including payment of all applicable fees.
9) Unconditional Availability Letter - 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. 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
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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.
10)
Cross Connection Control Devices - 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.
11)
Surety for Utilities - 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 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 66 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
i
provide service to this site, shall be placed underground via
an underground conduit.
12)
Computer Aided Mapping System - 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."
13) Crossing Guard - Prior to approval of the Final Map, the
applicant shall pay an amount to cover the costs associated
with a crossing guard for five (5) years, at the then current
rate when paid, plus the pro -rata cost of direct supervision
for one (1) crossing guard location and staff's administrative
costs (calculated at fifteen percent (15 %) of the above
costs).
14) Fees In -Lieu of Park Dedication - 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).
15) Citywide Traffic Mitigation Fee - As a condition of the
issuance of a building permit for each residential unit,
Developer shall pay City a traffic mitigation fee as described
herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may
be expended by the City in its sole and unfettered discretion.
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On the effective date of the Development Agreement, the amount
of the Citywide Traffic Fee shall be $3,000 per dwelling unit.
Commencing January 1, 2001, and annually thereafter, the
Citywide Traffic Fee shall be increased to reflect the change
in the State Highway Bid Price Index for the twelve (12) month
period that is reported in the latest issue of the Engineering
News Record that is available on December 31 of the preceeding
year ( "annual indexing "). In the event there is a decrease in
the referenced index for any annual indexing, the Citywide
Traffic Fee shall remain at its then current amount until such
time as the next subsequent annual indexing which results in
an increase.
16) CC &R Requirement - 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:
a) 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 the
tract. Prior to approval of the Final Map, an easement
covering the Maintenance Areas shall be irrevocably
offered to the City for maintenance purposes.
b) The CC &R's shall state that the gated access to the flood
control channel shall be locked at all times to prevent
permanent access, unless otherwise authorized by the City
in writing.
C) 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.
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d) 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.
e) The Homeowners' Association may modify the CC&R's only to
the extent that they do not conflict with the terms of
approval of the Tentative Map. Further, the Homeowners'
Association shall enforce the CC &R's.
f) 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.
g) The CC &RIs shall include a requirement that ultra -low
water consumption plumbing fixtures shall be installed
consistent with City Ordinance. The CC &R's shall also
include a requirement for the following energy saving
devices:
i) Stoves, ovens, and ranges, when gas
fueled, shall not have continuous
burning pilot lights.
ii) All thermostats connected to the main
space heating source shall have night
setback features.
iii) Kitchen ventilation system shall have
automatic dampers to ensure closure when
not in use.
h) A fencing, perimeter, and privacy barrier wall plan
(complete with related landscaping details) identifying
the materials to be used, 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.
i) 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.
j) The CC &R's shall include language prohibiting use of wood
or asphalt shingles as roofing materials for residential
structures.
k) Single and multi - family units shall comply with all
pertinent Title 24 and Uniform Building Code conditions,
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regarding handicapped access and facilities.
1) 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.
M) The CC &R's shall require the Homeowner's Association to
remove any graffiti within five (5) days from written
notification by the City of Moorpark. All such graffiti
removal shall be accomplished to the satisfaction of the
City.
17) Outstanding Case Processing Fees - 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.
18) Assessment District - Developer agrees to cast affirmative
ballots for the formation of an assessment district and
levying of assessments, for the maintenance of parkway
landscaping, street lighting, and if requested by the City
Council, parks for the provision of special benefits conferred
by same, upon properties within the Project. Developer
further agrees to obligate the property owners association to
provide for maintenance of parkway landscaping and street
lighting in the event the aforementioned assessment district
is dissolved or altered in any way by a ballot election of
property owners, or if the assessment district is invalidated
by court action.
CITY ENGINEER CONDITIONS:
PRIOR TO FINAL MAP APPROVAL THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
19) Grading - 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.
20) 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 thirty
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(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.
21) Requests for rough grading permits will be granted in
accordance with RPD 99 -4 and the approved Tentative Map No.
5204, as required by these conditions and local ordinance.
22) The Vesting Tentative Map calls for the grading of 5,980 cubic
yards of cut, 3,970 cubic yards of fill, and 2,010 cubic yards
of export. All export shall go to Tract 5053.
23) 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 with Reuse Permit Procedures administered by the
County Water Resources Development Department.
24) 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.
25) 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.
26) Geotechnical /Geology Review - 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
absence of any hazardous waste or other contaminants in the
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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.
27) 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 Soil 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 soil report(s).
28) Storm Water Runoff and Flood Control Planning - 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.
29) The plans shall depict all on -site and off -site drainage
structures required by the City.
30) 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:
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
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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 (1) dry travel lane
available on interior residential streets. Collector
streets shall have a minimum of one (1) 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.
T
31) All flows from brow ditches, ribbon gutters and similar
devices, shall be deposited into 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 the City Council.
32) 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.
33) 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.
34) 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
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b) Feasible access during a 50 -year frequency storm.
C) Hydrology calculations shall be per current Ventura
County Standards.
d) The Subdivider shall verify that all lots are located
outside of the proposed floodway boundaries for the
Arroyo -Simi.
35) National Pollutant Discharge Elimination System ( NPDES) -
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.
36) Development shall be undertaken in accordance with conditions
and requirements of the Ventura Countywide Stormwater Quality
Management Program, NPDES Permit No. CAS063339.
37) The project construction plans shall incorporate Best
Management Practices (BMPs) applicable to the development for
the review and approval of the City Engineer.
38) All on -site storm drain inlets, whether newly constructed or
existing, shall be labeled "Don't Dump - Drains to Arroyo."
39) 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.
40) Parking and associated drive areas with five (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
building permit.
41) 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
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RPD 99 -4 & VTT 5204
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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 for the City's administrative
costs.
42) All structures proposed within the 100 -year flood zone shall
be elevated at least one foot above the 100 -year flood level.
43) 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.
44) 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.
c) Private roads and parking lots /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
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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.
45) 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.
46) The SWPCP shall be developed and implemented in accordance
with requirements of the Ventura Countywide Stormwater Quality
Management Program, NPDES Permit No. CAS063339.
47) 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.
48) Improvement plans shall note that the contractor shall comply
to the "California Storm Water Best Management Practice
Handbooks."
49) 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
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54) 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.
55) Liberty Bell Road - The Developer shall improve Liberty Bell
Road along the property frontage. Liberty Bell Road shall be
designed per Ventura County standard plate B -4A. The half
street right -of -way width shall be thirty (30) feet. The half
street pavement width shall be twenty (20) feet. The parkway
dimension shall be six (6) feet wide adjacent to the curb with
a 5 -foot wide sidewalk. All transitions to the commercial
property to the north are to be approved by the City Engineer.
56) The Developer shall design a turning area at the south -end of
IIMOR PRI SERVICITYSHAREICOMMUNITYDEVELOPMEN7IEVERYONMSOLUTIONS AND CONDITIONSIPC4XMPAC COMA/ TTSM ANO RPD RESOAOC
Permit, including preparation of a Stormwater Pollution
Prevention Plan. (SWPPP)
50)
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
(5) or more acres." The developer shall submit a Notice of
Intent (NOI) to the City Engineers office as proof of permit
application.
51)
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.
52)
Development shall be undertaken in accordance with conditions
and requirements of the Ventura Countywide Stormwater Quality
Management Program, NPDES Permit No. CAS063339.
53)
Street Improvement Requirements - The Subdivider /Developer
shall submit to the City of Moorpark for review and approval,
street improvement plans prepared by a Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete 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).
54) 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.
55) Liberty Bell Road - The Developer shall improve Liberty Bell
Road along the property frontage. Liberty Bell Road shall be
designed per Ventura County standard plate B -4A. The half
street right -of -way width shall be thirty (30) feet. The half
street pavement width shall be twenty (20) feet. The parkway
dimension shall be six (6) feet wide adjacent to the curb with
a 5 -foot wide sidewalk. All transitions to the commercial
property to the north are to be approved by the City Engineer.
56) The Developer shall design a turning area at the south -end of
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Resolution No. PC- 2000 -396
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Liberty Bell Road, which will provide minimum turning radius,
equal or greater than, the dimensions shown on Ventura County
Standard Plate C -2. The design shall provide for access to
both the City property and the Ventura County Flood Control
Property. No reduction in the City -owned parking area shall be
allowed. Access to Ventura County Property shall be restricted
by a locked gate, meeting Ventura County Flood Control
Standards and approval.
57) The Developer shall repair all damage caused by their project
and shall slurry seal the full width of Liberty Bell Road,
after all lots have been constructed and after all street
repairs have been completed, as required by and to the
satisfaction of the City Engineer. It shall be the Developer's
responsibility to: (1) record and document all existing damage
to the street; and (2) submit this documentation to the City
Engineer's office, prior to construction.
58) Trailway Court shall be designed per Ventura County Standard
Plate B -5B, with the following exceptions: (a) The total
right -of -way width shall be 44 feet; (b) the pavement width
shall be 36 feet; (c) the sidewalk shall be five (5) feet wide
and located adjacent to the curb; (d) the offset cul -de -sac
shall be designed to meet the minimum dimensions of the
Ventura County Standard Plate C -2 or C -3; and (e) the 900 turn
shall be designed per plate C -4.
59) Arroyo Trails Avenue shall be designed per Ventura County
Standard Plate B -5B, with the following exceptions: (a) The
total right -of -way width shall be 44 feet. The pavement width
shall be 36 feet; and (b) the sidewalk shall be five (5) feet
wide and located adjacent to the curb.
60) The Developer shall record a covenant, running with the land,
acknowledging that the interior private street right -of -way is
not per City standard. As such, the street right -of -way will
not be offered to the City until the right -of -way is brought
into compliance with City standards.
61) Streetlights shall be provided on the improvement plans per
Ventura County Standards and as approved by the City Engineer.
Streetlights shall be cut -off lenses.
62) 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.
63) The final design and locations of all barrier walls,
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RPD 99 -4 & VTT 5204
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streetscape elements and urban landscaping, are subject to the
approval of the Director of Community Development.
64) 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.
65) Any right -of -way acquisition necessary to complete the
required improvements will be acquired by the Developer at his
expense.
66) The Developer shall submit wall and landscaping plans showing
that provisions have been taken to provide for and maintain
proper sight distances.
67) 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 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.
68) The Developer shall demonstrate legal access to all lots to
the satisfaction of the City Engineer.
69) The Developer shall pay 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 will not
have to pay the AOC fee.
70) Any special street intersection treatments shall be approved
by the City Engineer and the Director of Community
Development.
71) 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:
a) Los Angeles Avenue /Gabbert Road ($90,000); and
b) 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
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RPD 99 -4 & VTT 5204
Page 21
developer's Traffic Engineer shall provide the City Engineer
a "Fair Share Analysis" of the projects "added traffic' for
calculation of the pro -rata ( "fair share ") amount.
72) Utilities, facilities and services for Tract 5204 will be
extended and /or constructed in conjunction with its phased
development by the developer as the project proceeds.
73) 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.
74) 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 distribu-
tion. Either the subdivider shall construct the required
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
o" constructed to meet the requirements of the proposed land uses
and applicable City, Calleguas and V.C.W.W. District No. 1
standards.
75) Other Utilities: Provisions for electrical, natural gas,
telephone, 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 provided consistent with development of
the project area.
76) All existing and proposed utilities shall be placed
underground as approved by the City Engineer.
77) Acquisition of Easements and right -of -way. 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 sixty (60) days prior to the filing of any Phase of the
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RPD 99 -4 & VTT 5204
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Final Map for approval pursuant to Governmental Code Section
66457:
a) Notify the City of Moorpark (hereinafter referred to as
"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.
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
le- the City's cost (including, without limitation,
attorney's fees and overhead expenses) of acquiring such
an interest in the land.
78) 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.
79) The applicant shall make an irrevocable offer of dedication of
all easements 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.
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81)
Prior to the issuance of a grading permit, all conditions
required to be completed prior to Final Map Approval shall be
complied with.
82)
All structures and walls require Planning Department approval.
83)
During grading, the following conditions shall apply:
a) Grading may occur during the rainy season from October 15
to April 15, subject to installation of debris and ero-
sion control facilities. Erosion control measures shall
be in place and functional between October 15th and April
15th.
b) 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.
84)
During clearing, grading, earth moving, or excavation
operations, dust emissions should be controlled by regular
watering with reclaimed water, if available, paving
construction roads and other dust prevention measures. The
f-
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:
r'--
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
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 15
m.p.h. averaged over one (1) 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.
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RPD 99 -4 & VTT 5204
Page 24
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.
i) After clearing, grading, earth moving, or excavation
operations, and during construction activities, fugitive
dust emissions should be controlled using the following
procedures:
1) 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 local particulate levels.
2) 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.
3) All diesel engines used in construction equipment
should use high pressure injectors and reformulated
diesel fuel.
85) 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 construction
during Stage II alerts.
86) 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
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RPD 99 -4 & VTT 5204
Page 25
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.
87) Truck noise from hauling operations shall be minimized through
establishing hauling routes which avoid residential areas and
requiring that "Exhaust 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.
88) The Subdivider /Developer shall ensure that construction
equipment is fitted with modern sound - reduction equipment.
89) Equipment not in use for more than ten (10) minutes should be
turned off.
90) If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
Ventura County Environmental Health Department, the Fire
Department, the Sheriff's Department, and the City Con-
struction Observer shall be notified immediately. Work shall
not proceed until clearance has been issued by all of these
agencies.
91)
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.
92)
Equipment engines shall be maintained in good condition and in
proper tune as set forth in manufacturers' specifications.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION,
THE
FOLLOWING CONDITIONS SHALL BE SATISFIED:
93)
Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
94)
The Subdivider /Developer shall file for a time extension with
the City Engineer's office, at least six (6) weeks in advance
of expiration of the agreement, to construct subdivision
improvements. The fees required will be in conformance with
the applicable ordinance section.
95)
All surety guaranteeing the public improvements shall remain
in place for one (1) year following acceptance by the City.
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Resolution No. PC- 2000 -396
RPD 99 -4 & VTT 5204
Page 26
Any surety that is in effect three (3) years after final map
approval or issuance of the first building permit shall be
increased an amount, equal to or greater than, he 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.
96) Original "as built" plans will be certified by the Developer's
Civil Engineer and submitted with two (2) 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 built" in a
series of 22" X 36" mylars (made with proper overlaps) and
with a title block on each sheet. Submission of "as built"
plans are required before a final inspection will be
scheduled.
FIRE DEPARTMENT CONDITIONS:
97) Private Driveways, serving up to two (2) structures, shall be
constructed 15 feet wide and able to support a 20 -ton Fire
District vehicle. A width of 20 feet shall be provided on an
f, access road, serving three (3) or more structures.
98) Access roads shall be installed with an all- weather surface,
suitable for access by Fire Department apparatus. A minimum
clear street width of 36 feet, shall be provided.
W
99) 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,
approved fire protection system or systems shall be installed,
as required and acceptable to the Fire District.
100) Access roads shall not exceed 15% grade.
101) Approved turnaround areas for fire apparatus shall be provided
where the access road is 150 feet, or farther, from the main
thoroughfare.
102) When only one access point is provided, the maximum length of
such access shall not exceed 800 feet.
103) Two (2) points of ingress /egress shall be provided to the
development, in accordance with Fire District Private Road
Guidelines.
104) The access road(s) /driveway(s) shall be certified by a
registered Civil Engineer as having an all- weather surface. in
conformance with Public Works standards. This certification
shall be submitted to the Fire District for review and
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RPD 99 -4 & VTT 5204
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approval, prior to combustible construction.
105) Gates for Controlled Access - Gates used to control vehicular
access shall be designed, as required by the Fire Department
Gate Guidelines. Design criteria includes: stacking method of
gate control; clear widths; and, knox box systems for secured
gates. Gate plan details shall be submitted to the Fire
Prevention Division for review and approval, prior to map
recordation.
106) Prior to recordation of street names, proposed names shall be
submitted to the Fire District's Communications Center; 165
Durley Avenue; Camarillo, CA. for review and approval.
107) All driveways shall have a minimum vertical clearance of 13
feet 6 inches.
108) 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.
109) Prior to construction, the applicant shall submit plans to the
Fire District for approval, of the location of the hydrants.
On these plans, show existing hydrants within 500 feet of the
development.
110) Fire hydrants shall be installed and in service prior to
combustible construction and shall conform to the minimum
standard of the Moorpark Water Works Manual.
111) Each hydrant shall be a 6 -inch wet barrel design and shall
have one (1) 4 -inch and one (1) 2 1/2" inch outlet(s).
112) The required fire flow shall be achieved at, no -less -than 20
psi residual pressure.
113) Fire hydrants shall be spaced 500 feet on center and so
located that no structure will be farther than 250 feet from
any one hydrant.
114) Fire hydrants shall be set back in, from the curb face, 24
inches on center.
115) 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.
116) Address numbers, a minimum of four (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
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` RPD 99 -4 & VTT 5204
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distinguishable from the street. In the event the structure(s)
is /are not visible from the street, the address number(s)
shall be posted adjacent to the driveway entrance. Brass
and /or gold letters shall not be used.
117) 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.
118) Any structure greater than 5,000 square feet in area and /or
five (5) miles from a fire station, shall be provided with an
automatic fire sprinkler system in accordance with Ventura
County Fire Protection Ordinance.
119) Grass and Brush Removal - 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.
120) Spark Arrestor - An approved spark arrestor shall be installed
on the chimney of any structure(s).
121) VCFD Form No. 126 - 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 DISTRICT NO. 1 CONDITIONS:
122) 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 District, prior to
final map approval.
123) 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.
tWiR-PRI SERN CITYSHAREI COAANUNITYDEVELOPMENTI EVERYONMSOLUTIONS AND CONDITIONSW,000925PAC COMW M204 AND RPD RESO.000
Resolution No. PC- 2000 -396
RPD 99 -4 & VTT 5204
Page 29
CONDITIONS OF APPROVAL FOR
RESIDENTIAL PLANNED DEVELOPMENT
PERMIT NO. 99 -4
(Pacific Communities)
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Page 30
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS:
APPROVAL OF RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 99 -4 SUBJECT
TO COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GENERAL REQUIREMENTS:
124) Permitted Uses - 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 be as shown
on the approved plot plans and elevations, except or unless
indicated otherwise herein, in the following conditions. Any
change from the submitted product mix shall require approval
of a modification to the Residential Planned Development
Permit.
125) Requirement for Affordable Housing Agreement - 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
r" 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 and Tentative Map approval.
126) Use Inauguration - Unless the project is inaugurated (building
foundation slab in place and substantial work in progress) not
later than three (3) 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) 1 -year extensions for project inauguration, if there
have been no changes in the adjacent areas, if applicant can
document that he has diligently worked towards inauguration of
the project during the initial 2 -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 thirty (30) days, prior to
the expiration date of the permit.
127) Modification to Permit - 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 of a Major Modification, as determined
by the Director of Community Development.
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128) Other Regulations R Except as provided for within these
conditions, 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.
129) Graffiti Removal - 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.
130) Access Rights - 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.
131)
Phasing - 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.
132)
Effect of Conditions - 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, the stricter ones shall take
precedence.
133)
Severability - 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.
134)
Permittee Defense Costs - 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 of his obligation under this condition.
135)
Acceptance of Conditions - The permittee's acceptance of this
permit and /or commencement of construction and /or operations
rte.
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Resolution No. PC- 2000 -396
RPD 99 -4 & VTT 5204
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under this permit shall be deemed to be acceptance of all
conditions of this permit.
136)
Surety for Utilities - 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 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 underground to the nearest off -site utility
pole, with the exception of 66 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 that must connect across
Los Angeles Avenue shall be placed underground via an
underground conduit.
137)
Rain Gutters and Downspouts - Rain gutters and downspouts
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 driveways in non - corrosive devices
as determined by the City Engineer.
138)
Roof Mounted Equipment - No roof mounted equipment (other than
required vents) shall be permitted. Exceptions to this
limitation must be approved by the Director of Community
Development.
139)
Exterior Lighting - 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.
140)
Energy Saving Devices - 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 to the main space heating
source shall have night setback features;
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.
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141) Maintenance of Permit Area - 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.
142) Archaeological or Historical Finds - 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.
143) Prior to issuance of a grading permit, the applicant shall
indicate where the export of dirt from the site will be taken.
If import dirt is to be brought to the site, the application
shall state the number of cubic yards and location of the
!� borrow site. The City shall approve the haul routes.
144) Assessment District - Developer agrees to cast affirmative
ballots for the formation of an assessment district and
levying of assessments, for the maintenance of parkway
landscaping, street lighting, and if requested by the City
Council, parks for the provision of special benefits conferred
by same, upon properties within the Project. Developer
further agrees to obligate the property owners association to
provide for maintenance of parkway landscaping and street
lighting in the event the aforementioned assessment district
is dissolved or altered in any way by a ballot election of
property owners, or if the assessment district is invalidated
by court action.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
145) Citywide Traffic Mitigation Fee - As a condition of the
issuance of a building permit for each residential unit,
Developer shall pay City a traffic mitigation fee as described
herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may
be expended by the City in its sole and unfettered discretion.
on the effective date of the Development Agreement, the amount
of the Citywide Traffic Fee shall be $3,000 per dwelling unit.
Commencing January 1, 2001, and annually thereafter, the
Citywide Traffic Fee shall be increased to reflect the change
t
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Resolution No. PC- 2000 -396
RPD 99 -4 & VTT 5204
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in the State Highway Bid Price Index for the twelve (12) month
period that is reported in the latest issue of the Engineering
News Record and that is available on December 31 of the
preceding year ( "annual indexing "). In the event there is a
decrease in the referenced Index for any annual indexing, the
Citywide Traffic Fee shall remain at its then current amount,
until such time as the next subsequent annual indexing, which
results in an increase. Any Citywide Traffic Fee still due at
the time the City, Caltrans, private developer with the City's
approval, or any other public or public or private entity
awards a contract to construct an underground rail crossing
west of Gabbert Road, shall be paid at the then applicable
rate, within ninety (90) days of said contract award.
146) As a condition of issuance of building permit for each
dwelling unit within the boundaries of the Property, Developer
shall pay City a development fee as described herein (the
"Development Fee ") . The Development Fee may be expended by
City in its sole and unfettered discretion. On the Operation
date of this permit, the amount of the Development Fee shall
be two thousand six hundred fifty ($2,650). The fee shall be
adjusted annually (commencing one (1) year after the first
residential building permit is issued within the Project) by
any increase in the Consumer Price Index (CPI) until all fees
are paid. The information provided by the U.S. Department of
Labor, Bureau of Labor Statistics, for all urban consumers
within the Los Angeles /Anaheim /Riverside metropolitan area
during the prior year. The calculation shall be made using
the month which is four (4) months prior to the month in which
the project is approved by the City Council (e.g., if
approval occurs in June, then the month of February is used to
calculate the increase).
147) Affordable Housing - The affordable housing obligation for
Residential Planned Development Permit No. 99 -4 shall be
fifteen (15 %) of the approved number of dwelling units to be
sold to persons /families at the moderate income level. The
size of the dwelling units for the referenced affordable
housing units shall be no less than seventy -five percent (75 %)
of the average size of the other dwelling units approved by
the City for Residential Planned Development Permit No. 96 -1.
The sale of the referenced dwelling units shall be subject to
the applicable provisions of the Affordable Housing
Implementation and Resale Restriction Plan referenced in
Section 6.10 of the Development Agreement by and Between the
City of Moorpark and MP Group, LLC relating to Corte Bello
(RPD 96 -1) relative to resale and other provisions as
determined by the City at its sole discretion so the City may
require a portion of the difference between the then market
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Resolution No. PC- 2000 -396
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Page 35
sales price and the actual amount be paid the City at the time
original purchaser sells the dwelling unit. The initial sales
price, location of the units, buyer eligibility, resale
restrictions, respective role of the City and the Developer,
and any other item determined necessary by the City shall be
set forth in the Affordable Housing and Implementation and
Resale Restriction Plan, which shall be approved by the City
Council prior to recordation of the first final Tract Map for
this project. The Developer and City shall, prior to
occupancy the first residential unit for the Project, execute
an Affordable Housing Agreement that incorporates the Plan in
total and is consistent with this Agreement. The Developer
shall pay to the City the amount of five thousand dollars
($5,000) for the City's cost to prepare the affordable housing
plan and agreement required pursuant to this condition.
148) Submittal of Landscape Plans - 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 (3) 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
Standards, described in the Ventura County Landscape
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.
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149) 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.
150) The following notes shall be included on the plans and shall
be project conditions:
a) All plant material shall conform to the current issue of
the American Standard for Nursery Stock, published by the
American Association of Nurserymen.
b) 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.
C) Prior to final inspection by the City of Moorpark, the
applicant shall provide a written certification for the
operation of the backflow device.
151) Unless otherwise approved, all open parking areas shall have
fifty percent (50 %) canopy coverage by broadleaf canopy shade
trees. Shade coverage is defined as the maximum canopy area
created by a tree at fifty percent (50 %) maturity.
152) The planting plan shall indicate the proposed locations of
light standards. The lighting and tree locations shall be
designed to avoid conflicts.
153) All backflow preventers, transformers, and other above -grade
utilities, shall be appropriately screened with walls and /or
plantings.
154) The planting and irrigation design shall comply with the State
of California, Model Water Efficient Landscape Ordinance.
155) 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.
156) Subsequent to occupancy, the landscaping shall be maintained
in accordance with the approved Maintenance Plan.
157) The landscape plan shall include planting and irrigation
specifications for manufactured slopes and all common areas.
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& VTT 5204
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158) 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.
159) In
the area of future buildings not under construction, turf
and
irrigation shall be installed.
160) The
final landscape plans shall include landscaping
specifications,
planting details, and design specifications,
consistent
with the following requirements:
a)
The landscape plan shall include the final design of all
sidewalks, barrier walls, streetscape elements, urban
landscaping and pedestrian paths within the project
limits.
b)
All plant species utilized shall not exceed the
Irrigation Water Allowance, as discussed in the State
Model Water Efficient Landscape Ordinance.
c)
Landscaping at site entrances, 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.
d)
Plantings in and adjacent to parking areas shall be
contained within raised planters, surrounded by six -inch
high concrete curbs.
e)
Landscaping shall be designed so as to not obstruct the
view of any exterior door or window from the street.
f)
Earthen berms and /or low walls shall be provided to
screen views of parked vehicles from access roads.
g)
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.
h)
A coordinated tree planting program shall be developed
which will provide a dominant theme tree within the
components of the proposed development.
i)
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 any dead plants and make any necessary
repairs to the irrigation system, consistent with the
landscape plan approved for the development.
j)
Exotic plants which are known to spread beyond their
original plantings and invade native habitats such as
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Resolution No. PC- 2000 -396
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Page 38
Pampus Grass, Spanish Broom, and Tamarisk, shall not be
used.
k) The applicant shall install purple pipe in all common
areas for the purpose of using reclaimed water, when
available.
1) 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.
161) Construction Access Plan - The applicant shall submit a
Construction Access Plan to the Department of Community
Development for review and approval by the Director of
Community Development.
162) Zoning Clearance - 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 may be submitted to the Building and Safety Department,
with a City approved t Hold Harmless Agreement .R 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 ".
163) Submittal of Construction Drawings - 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.
164) Revisions to Plans - 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.
165) An eight (8) foot high slump block masonry wall, in a color
selected by the Director of Community Development, shall be
constructed along the northern property line of the project,
adjacent to the commercially zoned property. The mortar shall
match the color of the wall.
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Resolution No. PC- 2000 -396
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Page 39
166) All driveways to the residential units shall have a minimum of
twenty (20) feet long aprons.
167) Subject to review and approval of the Director of Community
Development, the following changes in floor plans may occur
for Affordable Housing units:
a) Two (2) of the thirteen (13) Type 1 floor plan units,
designated on the RPD for very low income units, may be
re- designated as Type 3 floor plans.
b) Fifteen (15) of the thirty -five (35) Type 3 floor plan
units, designated on the RPD for moderate income units,
may be re- designated as Type 4 and /or Type 5 floor plans.
168) Trees - 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.
169) Outstanding Case Processing Fees - 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.
170) Traffic System Management Contribution - 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.
171) Vector Control Plan - Prior to the issuance of a Zoning
Clearance for construction, the applicant shall obtain
approval of a Vector Control Plan from the City.
172) Performance Bond - 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 sixty (60) days of
issuance of a Certificate of Occupancy within each phase of
development. In case of failure to comply with any term or
IIMOR_PRI SERIACITYSHAREICOMMUNITYDEVELOPMENTIEVERYONf fSOLUTIONS AND CONDITIONSNOMM PAC COMM TT5204 AND RPD RESOAOC
Resolution No. PC- 2000 -396
RPD 99 -4 & VTT 5204
Page 40
provision of this condition, the 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
(1) 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.
173) Vents and Metal Flashing - All roof vents and metal flashing
shall be painted to match the roof color. All deck drains
shall drain to the side and not face the private street.
174) Locked Gated Access to Flood Control Channel - The gated -
access to the flood control channel shall be locked at all
times to prevent permanent access, unless otherwise authorized
in writing by the City.
175) Garage Size - 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.
f 176) Adjacent Property Walls and Fences - All property line garden
walls or wrought iron fences shall be no further than one (1)
inch from the property line.
177) Provision for Image Conversion of Plans into Optical Format -
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.
178) Cable Service - 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.
179) Color of Exterior Building Materials - All exterior building
materials and paint colors shall be those that were approved,
per the exhibits, to the Department of Community Development.
180) Asbestos - No asbestos pipe or construction materials shall be
used.
181) Public Nuisance - 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
lWtOR --PRI SERHCITYSNAREICOMMUNITYDEVELOPMENTIE VERYONWSOLUTIONS AND CONDMONSW-W25 PAC COMM 775M AND RPD RES0.00C
Resolution No. PC- 2000 -396
RPD 99 -4 & VTT 5204
Page 41
for any and all costs and expenses to the City involved in
thereafter, abating the nuisance, 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).
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
182) Will Serve Letter - 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:
183)
Completion of Landscaping on Slopes and Front - Landscaping on
slopes shall be completed prior to :issuance of the first
Zoning Clearance for Occupancy and the front yard landscaping
shall be completed for each lot prior to it's occupancy.
184)
Payment of Fee for Crossing Guard - Prior to the issuance of
the first occupancy, applicant shall pay an amount to cover
the costs associated with a crossing guard for five (5) years
at the then current rate when paid, plus the pro -rata cost of
direct supervision for one (1) crossing guard location and
staff's administrative costs (calculated at fifteen percent
(15 %) of the above costs).
185)
Enforcement of Vehicle Codes - Prior to Issuance of a Zoning
Clearance for Construction, the applicant shall request the
City to enforce appropriate vehicle codes on subject property
as permitted by Vehicle Code Section 21107.7.
186)
Acceptance of On -Site Improvements - 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 (1) year after initial occupancy, to guarantee
the items such as perimeter and retaining walls, landscaping,
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Resolution No. PC- 2000 -396
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fences, slopes, private recreation areas, and other
improvements not related to grading, etc. are maintained.
187) All related perimeter and garden walls shall be constructed
prior to the issuance of a Zoning Clearance for occupancy.
188) A six (6) foot high perimeter wall and fence shall be
constructed along the Arroyo Simi. The bottom three (3) feet
shall be constructed of slumpstone, in a color as determined
by the Director of Community Development, with integral color
mortar, and the top three (3) feet shall be wrought iron.
CITY ENGINEER CONDITIONS:
189) Prior to the issuance of a building permit, the applicant
shall have recorded Tract Map 5204. The Conditions of Approval
for Tentative Tract Map 5204 shall apply to Residential
Planned Development Permit No. 99 -4.
190) An As- Graded Geotechnical Report and Rough Grading
Certification shall be submitted to and approved by the City
Engineer and Geotechnical Engineer.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR OCCUPANCY, THE
FOLLOWING CONDITIONS SHALL BE SATISFIED:
r.
191) A copy of the recorded map(s) shall be forwarded to the City
Engineer for filing.
192) A final grading certification shall be submitted to and
approved by the City Engineer.
193) All existing and proposed utilities shall be placed
underground, as approved by the City Engineer. The four (4)
power poles along the Liberty Bell Road frontage, shall be
removed prior to issuance of a Certificate of Occupancy.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
194) Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
195) The Subdivider /Developer shall file for a time extension with
the City Engineer's office, at least six (6) weeks in advance
of expiration of the agreement, to construct subdivision
improvements. The fees required will be in conformance with
the applicable ordinance section.
196) All surety guaranteeing the public improvements shall remain
in place for one (1) year following acceptance by the City.
Any surety that is in effect three (3) years after final map
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Resolution No. PC- 2000 -396
RPD 99 -4 & VTT 5204
Page 43
a) Hydraulic analyses by a registered Civil Engineer to
determine the adequacy of the proposed and existing water
lines, water storage facilities and sewer lines.
b) Copy of the approval by the County of Ventura Fire
Protection District, on the location of the fire
hydrants.
c) Sealed copy of "Memorandum of Understanding" and "Proof
of Payment of the Capital Construction Charge" from
Calleguas Municipal Water District.
d) Cost estimate for water and sewer improvements.
e) Grading, drainage and street improvement plans.
f) Tract Map showing water and sewer easements, dedicated to
the District.
201) Signed t Contract to Install,t and Surety Bond.
202) The applicant shall comply with the applicable provisions of
the District Rules and Regulations.
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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.
197)
Original "as built" plans will be certified by the Developer's
Civil Engineer and submitted with two (2) 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 built" in a
series of 22" X 36" mylars (made with proper overlaps), with
a title block on each sheet. Submission of "as built" plans is
required before a final inspection will be scheduled.
WATERWORKS DISTRICT NO. 1 CONDITIONS:
198)
Developer may be required to loop the water lines to provide
for an alternate source of water supply as the proposed site
currently has one -way feed for the water supply.
199)
Water and sewer improvement plans shall be prepared in
accordance with district standards. Sample format is available
at the Water District upon request. Submit three (3) sets of
plans.
200)
The following items shall be provided:
a) Hydraulic analyses by a registered Civil Engineer to
determine the adequacy of the proposed and existing water
lines, water storage facilities and sewer lines.
b) Copy of the approval by the County of Ventura Fire
Protection District, on the location of the fire
hydrants.
c) Sealed copy of "Memorandum of Understanding" and "Proof
of Payment of the Capital Construction Charge" from
Calleguas Municipal Water District.
d) Cost estimate for water and sewer improvements.
e) Grading, drainage and street improvement plans.
f) Tract Map showing water and sewer easements, dedicated to
the District.
201) Signed t Contract to Install,t and Surety Bond.
202) The applicant shall comply with the applicable provisions of
the District Rules and Regulations.
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Resolution No. PC- 2000 -396
RPD 99 -4 & VTT 5204
Page 44
FIRE DEPARTMENT CONDITION
203) The Conditions of Approval for Tentative Tract Map No. 5204
shall apply to Residential Planned Development Permit No. 99-
4.
MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS:
204) Applicant shall pay the current developer fee as determined by
the Moorpark Unified School District.
205) The applicant shall establish a safe student /pedestrian
thoroughfare.
AIR POLLUTION CONTROL DISTRICT CONDITIONS:
206) 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.
207) 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.
208) All unpaved, on -site roads shall be periodically watered or
treated with environmentally safe dust suppressants to prevent
excessive amounts of dust.
209) The area disturbed by clearing, grading, earth moving, or
excavation operations, shall be minimized, to prevent
excessive amounts of fugitive dust.
210) All active portions of the site shall be either periodically
watered or treated with environmentally safe dust suppressants
to prevent excessive amounts of dust.
211) On -site vehicle speeds shall not exceed 15 miles per hour.
212) Equipment engines shall be maintained in good condition and in
proper tune, as per manufacturers specifications.
VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS (VCFCD):
213) 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.
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Resolution No. PC- 2000 -396
RPD 99 -4 & VTT 5204
Page 45
214) 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.
215) The proposed flood control right -of -way shall be dedicated in
fee to the VCFCD.
216) Drainage shall be installed along the proposed right -of -way to
collect and direct flow to a single discharge point.
217) 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.
a) An Encroachment Permit is required for any improvement
in the District's right -of -way.
b) 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.
COUNTY OF VENTURA ENVIRONMENTAL HEALTH DIVISION CONDITIONS:
218) 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.
219) Environmental Health Records indicate that the proposed
development may be on, or a part of the formal disposal site
identified as "S.K. Egg City," SWISS #56 -CR -0040. In accordance
with Title 27, Section, 211900 California Code of Regulations,
all proposed post - closure land uses, other than non - irrigated
open space, shall be submitted for review to the LEA, Regional
Water Quality Control Board, Local Air District, and the Local
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Resolution No. PC- 2000 -396
RPD 99 -4 & VTT 5204
Page 46
Land Use Agency. Further, no remedi
structures within 1,000 feet of the
or removal of solid waste are to b
until the proposed post - closure la
LEA. Contact Barry Marczuk at (805
project and specific State of
requirements.
al action, construction of
solid waste disposal site,
e conducted at this site,
nd use is approved by the
654 -2859 to discuss the
California post- closure
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