HomeMy WebLinkAboutRES 2002 422 0325RESOLUTION NO. PC- 2002 -422
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF GENERAL PLAN
AMENDMENT NO. 2001 -01, ZONE CHANGE NO. 2001 -01,
TENTATIVE TRACT MAP NO. 5307, RESIDENTIAL
PLANNED DEVELOPMENT PERMIT NO. 2001 -01 AND
VARIANCE NO. 2002 -01 FOR AN APPROXIMATELY 2.44
ACRES SITE LOCATED ON THE NORTHEAST CORNER OF
LOS ANGELES AVENUE AND FLORY STREET, ON THE
APPLICATION OF COLMER DEVELOPMENT COMPANY
ASSESSOR PARCEL NO. 512 -0 -11 -112
WHEREAS, at a duly noticed Public Hearing on March 25,
2002, the Planning Commission considered General Plan Amendment
No. 2001 -01, Zone Change No. 2001 -01, Tentative Tract Map No.
5307, Residential Planned Development Permit No. 2001 -01 and
Variance No. 2002 -01 on the application of Colmer Development
Company for an approximately 2.44 acre site located on the
northeast corner of Los Angeles Avenue and Flory Street
(Assessor Parcel No. 512 -0 -11 -112); and
WHEREAS, the proposed project is more specifically
described as follows:
General Plan Amendment No. 2001 -01: A request for a change
in the Land Use Designation of the Land Use Element of the
General Plan from S (School) to VHD (Very High Density);
Zone Change No. 2001 -01: A request for a change in the
Zoning from R -2 (Two Family Residential) to RPD
(Residential Planned Development) 9 dwelling units /acre;
Tentative Tract Map No 5307 and Residential Planned
Development Permit No. 2001 -01: A request for subdivision
of approximately 2.44 acres into twenty -two (22) single
family residential lots and the construction of 22 single
family units;
Variance No. 2002 -01: A request to allow a sound wall up to
11.5 feet in height; and
WHEREAS, at its meeting of March 25, 2002, the Planning
Commission conducted public hearings and received public
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, ZC 2001 -01, TT 5307, RPD No. 2001 -01, VAR 2002 -01
Page 2
testimony, and after receiving public testimony, the Planning
Commission closed the public hearing.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission does hereby find that
General Plan Amendment No. 2001 -01, Zone Change 2001 -01,
Te- ntative Tract Map No. 5307 and Residential Planned Development
Permit No. 2001 -01 are consistent with the City's General Plan,
subject to amendment of the land use designation as proposed.
SECTION 2. The Planning Commission further finds that
General Plan Amendment No. 2001 -01, Zone Change 2001 -01,
Tentative Tract 5307 and Residential Planned Development Permit
No. 01 -01 are consistent with the Mitigated Negative Declaration
prepared for the project.
SECTION 3. That the Planning Commission adopts the
following additional findings:
C.E.Q.A. Findinqs
1. That the Mitigated Negative Declaration prepared for
General Plan Amendment No. 2001 -01, Zone Change 2001 -01,
Tentative Tract 5307 and Residential Planned Development
Permit No. 01 -01 and Variance 2002 -01 serves as the
environmental document for the General Plan Amendment, Zone
Change, Tentative Tract Map, Residential Planned
Development Permit and Variance.
2. In order to reduce the potential adverse impacts of this
project, mitigation measures discussed in the Mitigated
Negative Declaration have been incorporated and shall apply
to General Plan Amendment No. 2001 -01, Zone Change 2001 -01,
Tentative Tract Map No. 5307, Residential Planned
Development Permit No. 01 -01 and Variance 02 -01.
3. A Mitigation Reporting and Monitoring Program prepared in
compliance with Assembly Bill 3180 and considered in the
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, ZC 2001 -01, TT 5307, RPD No. 2001 -01, VAR 2002 -01
Page 3
various decisions regarding these projects applies to
General Plan Amendment No. 2001 -01, Zone Change 2001 -01,
Tentative Tract Map No. 5307, Residential Planned
Development Permit No. 01 -01 and Variance No. 02 -01
Subdivision Map Act Findings:
Based on the information set forth above, it has been determined
that Tentative Tract Map No. 5307, 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:
1. The proposed map is consistent with the City of Moorpark
General Plan and Zoning Ordinance.
2. That the design and improvements of the proposed
subdivision is consistent with the City of Moorpark 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
subdivision into an existing community sewer system in
violation of existing water quality control requirements
under Water Code Section 13000 et seq.
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, ZC 2001 -01, TT 5307, RPD No. 2001 -01, VAR 2002 -01
Page 4
9. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake,
or reservoir.
Residential Planned Development Permit Findings:
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.
7. The residential structure setbacks are appropriate for an
infill residential project that includes affordable
housing.
Variance Findings:
1. That there are special circumstances applicable to the
subject property, with regard to size, shape, topography,
location or surroundings, such that the strict application
of the zoning regulations deprives such property of
privileges enjoyed by other property in the vicinity and
under identical zoning classification. The project is
located adjacent to Los Angeles Avenue, which is a four -
lane divided major arterial. The annual average two -way
traffic in 2001 was 34,000 vehicles. This number is
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, ZC 2001 -01, TT 5307, RPD No. 2001 -01, VAR 2002 -01
Page 5
expected to increase to 38,900 vehicles by 2020. In
addition 19.4% of all the vehicles consist of medium to
heavy trucks using the route as an alternative to H -101. In
order for the project to comply with the City's adopted
exterior noise standard of 65 dBA, a sound wall must be
constructed along Los Angeles Avenue ranging in height from
9.5 to 11.5 feet above the centerline of Los Angeles
Avenue.
2. That the granting of the Variance will not confer a special
privilege inconsistent with the limitations upon other
properties in the same vicinity and zone. Other existing
residential properties located along Los Angeles Avenue
utilize tall sound walls to mitigate the noise from Los
Angeles Avenue. In addition since this is an infill project
on an existing school site, it was not possible to provide
a large setback from the edge of Los Angeles Avenue.
3. That the strict application of the zoning regulations as
they apply to the subject property would result in
practical difficulties or unnecessary hardships
inconsistent with the general purpose of such regulations
in that the residents of the proposed homes would not be
able to enjoy the use of their back yards due to the
traffic noise from Los Angeles Avenue.
4. That the granting of the Variance will not be detrimental
to the public health, safety, or welfare, nor to the use,
enjoyment or valuation of neighboring properties as the
sound wall will be properly engineered and constructed.
The overall visual height of the wall will be reduced by
the provision of a 2 to 3 foot high planter located in
front of the wall. The landscape planter will be
landscaped with shrubs and vines to further screen the
wall.
SECTION 4. That the Planning Commission recommends to the
City Council approval of General Plan Amendment No. 2001 -01,
Zone Change 2001 -01, Tentative Tract Map No. 5307, Residential
Planned Development Permit No. 01 -01 and Variance No. 02 -01
subject to the Conditions of Approval (Exhibit A).
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, ZC 2001 -01, TT 5307, RPD No. 2001 -01, VAR 2002 -01
Page 6
SECTION 5. That the Planning Commission recommends that the
City Council direct staff that the Police Facility adjacent to
the subject property be further studied to insure that adequate
access, parking and circulation are maintained.
The action of the foregoing direction was approved by the
following vote:
AYES: Commissioner Haller, Vice Chair Landis, Commissioner
DiCecco, Commissioner Parvin and Chair Otto
NOES:
ABSTAIN:
ABSENT:
PASSED AND ADOPTED THIS 25TH DAY OF MARCH 2002.
William F. Otto, hair
ATTEST:
Deborah S. Traffenstedt
Acting Community Development Director
EXHIBITS:
A. General Plan Exhibit Map
B. Zone Change Exhibit Map
C. Conditions of Approval for Tract Map No. 5307,
D. Conditions of Approval for Residential Planned
Development Permit No. 01 -01 and Variance No. 02 -01.
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Modified: 04/12/02
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, TTM No. 5307, RPD No. 2001 -01, VAR 2002 -01
Page 9
EXHIBIT C
CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5307
A. DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. Application of City Ordinances /Policies: The conditions of
approval of this Tentative Tract Map and all provisions of
the Subdivision Map Act, City of Moorpark Ordinance and
adopted City policies at the time of tentative map approval
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 /her 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 Community Development Director.
3. Expiration of Map: This Tentative Tract Map shall expire
three (3) years from the date of its approval. The
Community Development Director may, at his /her discretion,
grant up to two (2) additional one (1) year extensions for
map recordation, if there have been no changes in the
adjacent areas and if applicant can document that he /she
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 permit.
4. 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 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
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, TTM No. 5307, RPD No. 2001 -01, VAR 2002 -01
Page 10
subdivider shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents,
officers and employees pursuant to this condition.
a. The City may, within its unlimited discretion,
participate in the defense of any such claim, action
or proceeding if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding
in good faith.
b. 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 is
ultimately recorded with respect to the subdivision.
5. 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. The approved
Mitigation Monitoring and Reporting Program is included as
an attachment to the approving resolution, and all
mitigation measures are requirements of the Vesting
Tentative Tract Map and Residential Planned Development
Permit, as applicable.
6. Severability: If any of the conditions or limitations of
this approval are held to be invalid, that holding shall
not invalidate any of the remaining conditions or
limitations set forth.
7. Duplication of Conditions: All mitigation measures
contained within the approved Mitigation Monitoring Report
and Program (MMRP) are hereby adopted as requirements of
the Tentative Map, as applicable. Where conflict or
duplication between the MMRP and the conditions of approval
occurs and applicability for compliance is questioned by
the Developer, the Community Development Director will
determine the applicable condition compliance requirements
for each phase of development.
8. Title Report: Prior to Approval of the Final Map, the
subdivider shall submit to the Department of Community
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, TTM No. 5307, RPD No. 2001 -01, VAR 2002 -01
Page 11
Development and the City Engineer for review a current
title report which clearly states all interested parties
and lenders included within the limits of the subdivision
as well as any easements that affect the subdivision.
9. Image Conversion of Plans: Prior to approval of the Final
Map, the builder shall pay to the City a fee for the image
conversion of the final map and improvement plans, as
determined by the Community Development Director, into an
electronic imaging format acceptable to the City Clerk.
10. Consistent with the City's General Plan Housing Element,
State law and Moorpark redevelopment Agency Implementation
Plan, the Tentative Tract Map is subject to execution of an
Affordable Housing Agreement between the City of Moorpark
and the Applicant or Developer. The Affordable Housing
Agreement shall set forth the procedure for meeting an
affordable housing requirement of fifteen percent (15 %) of
the total number of approved dwelling units. The Agreement
may be part of a Development Agreement. Execution of the
Affordable Housing Agreement is required prior to first
final map approval.
11. Outstanding Case Processing Costs: The Applicant shall pay
all outstanding case processing (Planning and Engineering),
and all applicable City legal service fees within sixty
(60) days of approval of this Vesting Tentative Tract Map.
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 Tentative Map..
12. Submittal of Landscape Plans: Prior to issuance of a Zoning
Clearance for grading, Applicant shall submit a complete
Landscape Plan, together with specifications and a separate
Maintenance Plan. The Landscape Plan shall encompass all
areas required to be planted consistent with these
conditions of approval. The Landscape Plan shall be
reviewed by the City's Landscape Architect Consultant and
approved by the Community Development Director prior to
Zoning Clearance for grading permit, or first Final Map
approval, whichever occurs first. All of the following
Landscape Plan and inspection requirements shall be
complied with:
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, TTM No. 5307, RPD No. 2001 -01, VAR 2002 -01
Page 12
a. Prior to initial review of the landscape plans, the
Applicant shall deposit funds for plan review in an
amount specified by the Community Development
Director. 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.
b. All plant material shall conform to the current issue
of the American Standard for Nursery Stock published
by the American Association of Nurserymen.
C. 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.
d. Prior to final inspection by the City of Moorpark, the
Applicant shall provide a written certification for
the operation of the backflow device.
e. All backflow preventers, transformers, and other
above -grade utilities shall be appropriately screened
with walls and /or plantings.
f. The planting and irrigation design shall comply with
the State of California Model Water Efficient
Landscape Ordinance.
g. Prior to occupancy, the landscape installation shall
be approved by the Community Development Director.
This approval shall be based upon written
certification of the landscape installation by the
City Landscape Consultant.
h. The landscape plan shall include planting and
irrigation specifications for front yard landscaping
for all residences. Front yard landscaping shall be
installed as determined by the Residential Planned
Development Permit for all lots in this project as
reviewed and approved by the Community Development
Director prior to final inspection and release of
utilities.
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RESOLUTION NO. PC -2002 -422
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Page 13
i. The landscape plans shall be revised to eliminate
poplar trees as a front yard tree.
j. The developer shall utilize a fast growing vine
species along the outside of the perimeter wall along
Los Angeles Avenue.
13. Ultra -low water consumption plumbing fixtures shall be
installed consistent with City Ordinance No. 132. The
project shall also include a requirement for the following
energy saving devices or construction features:
a. Stoves, ovens, and ranges, when gas fueled shall not
have continuous burning pilot lights.
b. All thermostats connected to the main space- heating
source shall have night setback features.
C. Kitchen ventilation system shall have automatic
dampers to ensure closure when not in use.
14. Fence /Wall Plan: A fencing, perimeter, gate, and privacy
barrier wall plan, complete with related landscaping
details, identifying the materials to be used and proposed
wall heights and locations shall be submitted to and
approved by the Community Development Director prior to the
issuance of a zoning Clearance for grading. All
fences /walls along lot boundaries shall be in place prior
to occupancy of each lot, unless timing for installation is
otherwise stated in these conditions. Where applicable
prior to approval of the final fence /wall plan, the
Community Development Director shall approve the connection
of property line wall with existing fences and or walls on
adjacent residential properties. The Developer is required
at his /her sole expense to connect or reconstruct adjacent
residential walls and or fences to the project perimeter
wall utilizing the same type of material that comprises
existing walls and or fences that are to be connected to
the project perimeter wall.
15. Sight Distance on Fence /Wall and Landscaping Plans: The
Developer shall submit fence /wall and landscaping plans
showing that provisions have been taken to provide for and
maintain proper sight distances. All fences, walls and
other structures shall be submitted to and approved by the
Community Development Director.
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Page 14
16. Final Design: The final design and location of all walls
and fences, streetscape elements, urban landscaping are
subject to the approval of the Community Development
Director.
17. Prior to Final Map approval, the Applicant shall provide an
irrevocable offer to dedicate to the City any easements
required for the City to access and maintain any landscaped
areas or drainage improvements outside of the public right -
of -way, which have been designated to be maintained by the
City. In addition, prior to Final Map approval for any
phase, the Applicant shall also provide to the City a
signed Petition /Waiver a) requesting formation of an
Assessment District to fund future costs for the
maintenance of any landscaping and /or drainage facilities
designated to be maintained by the City, and b) waiving all
rights conferred by Proposition 218 with regard to the
right to protest any such assessments. Said Petition and
Waiver shall include, as an Exhibit, an Engineer's Report
fully setting forth a description of the assessment
district and the assessments, consistent with the
requirements of the California Streets and Highways Code.
Said report shall be prepared by a consultant to be
retained by the City. The Applicant shall pay to the City a
$5,000 advance to fund the cost of the Engineer's Report.
In the event it is determined that there will be no
landscaping or extraordinary drainage improvements to be
maintained by the City, the Community Development Director
may waive this condition with the concurrence of the City
Manager.
18. Prior to Final Map approval, the City Council shall
determine which areas shall be maintained by a maintenance
assessment district.
19. Fish and Game Fee Requirement: Within two (2) days after
the City Council adoption of a resolution approving this
project, the Applicant shall submit to the City of Moorpark
a check for a single fee of $1,250.00 plus a $25.00 filing
fee payable to the County of Ventura, to comply with
Assembly Bill 3158, for the management and protection of
Statewide Fish and Wildlife Trust Resources. Pursuant to
Public Resources Code Section 21089, and Fish and Game Code
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, TTM No. 5307, RPD No. 2001 -01, VAR 2002 -01
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Section 711.4, the project is not operative, vested or
final until the filing fees are paid.
20. Miscellaneous Fees: Applicant shall pay to the City capital
improvement, development, and processing fees at the rate
and amount in effect at the time the fee is required to be
paid. Said fees shall include but not be limited to Library
Facilities Fees, Police Facilities Fees, Fire Facilities
Fees, entitlement processing fees, and plan check and
permit fees for buildings and public improvements. Further,
unless specifically exempted by City Council, Applicant is
subject to all fees imposed by City as of the issuance of
the first permit for construction and such future fees
imposed as determined by City in its sole discretion so
long as said fee is imposed on similarly situated
properties.
21. Cable Television: During construction, Developer shall
allow all persons holding a valid cable television
franchise issued by the City of Moorpark ( "Cable
Franchisees ") to install any equipment or infrastructure
(including conduit, power supplies, and switching
equipment) necessary to provide Franchisee's services to
all parcels and lots in the Project. Developer shall
provide notice of its construction schedule to all Cable
Franchisees sufficiently in advance of construction to
allow the Cable Franchisees to coordinate installation of
their equipment and infrastructure with that schedule.
City shall provide Developer a list of Cable Franchisees
upon Developer's request.
22. In the event the cable television services or their
equivalent are provided to the Project or individual lots
under collective arrangement or any collective means other
than a Cable Franchisee (including, but not limited to,
programming provided over a wireless or satellite system
contained within the Project), the HOA shall pay monthly to
City an access fee of five percent (5%) of gross revenue
generated by the provision of those services, or the
highest franchise fee required from any City Cable
Franchisee, whichever is greater. "Gross revenue" is as
defined in Chapter 5.06 of the Moorpark Municipal Code and
any successor amendment or supplementary provision thereto.
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Page 16
23. Disclosure Statement: Developer is required to record a
Notice to Purchaser as notification and disclaimer to all
buyers of lots in Tract 5307 of the future widening of Los
Angeles Avenue adjacent to the Tract and that homes
adjacent to Los Angeles Avenue are subject to potential
intrusive noise from traffic. Prior to recordation, the
Notice to Purchaser shall be reviewed and approved by the
City Attorney. The Notice to Purchaser will be signed by
all future buyers to document acknowledgment of disclosure. _
24. Redevelopment Area Affordable Housing Requirements: To meet
the requirements of California Health and Safety Code 33410
et seq., as a condition of Tentative Tract Map No. 5307,
Developer shall agree as follows:
a. Low Income Units:
i. Provide two (2) three (3) bedroom units of not
less than 1,138 square feet in size, to be sold
to buyers who meet the criteria for low income
households established by the United States
Department of Housing and Urban Development for
the County of Ventura (80% of Median income). The
first low income unit shall be constructed and a
certificate of occupancy shall be issued no later
than the construction and issuance of a
certificate of occupancy for the seventh (7th)
market rate unit of the project; and
ii. The second low income unit shall be constructed
and a certificate of occupancy shall be issued no
later than the construction and issuance of a
certificate of occupancy for the eighteenth
(18th) market rate unit of the project.
b. Very Low Income Unit:
Provide one (1) three (3) bedroom unit of not less
than 1,138 square feet in size, to be sold to buyers
who meet the criteria for very low income households
established by the United States Department of Housing
and Urban Development for the County of Ventura (50%
of Median income). The very low income unit shall be
constructed and a certificate of occupancy shall be
issued no later than the construction and issuance of
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a certificate of occupancy for the fifteenth (15th)
market rate unit of the project.
25. Affordable Housing Implementation and Resale Restriction
Plan and Affordable Housing Agreement: The initial sales
price, location of the affordable 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 an Affordable Housing
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 the occupancy of the first residential
unit for the Project, execute an Affordable Housing
Agreement that incorporates the Plan in total and is
consistent with Tract 5307 conditions of approval.
26. Affordable Housing Agreement Preparation Fee: Developer
shall pay to City the amount of Seven Thousand Five Hundred
Dollars ($7,500.00) for the City's cost to prepare the
required affordable housing plan and agreement.
B. COMMUNITY SERVICES DEPARTMENT CONDITION:
27. Park and Recreational Facilities (Quimby) Fee: Prior to
approval of Zoning Clearance for residential unit building
permit, the subdivider shall pay fees in accordance with
Section 8297 -4 of the City's Subdivision Ordinance (Parks
and Recreation Facilities). The fee for the three
affordable units shall be $4,000 per dwelling unit. The
fee for the market rate units shall be determined based on
Subdivision Ordinance requirements.
C. CITY ENGINEER CONDITIONS:
General Conditions:
28. The Developer shall post sufficient surety guaranteeing
completion of all site improvements within the development
and offsite improvements required by the conditions as
described herein (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.
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29. The 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 to Reuse Permit procedures administered by
the County Water Resources Development Department.
30. If hazardous materials are found on the site, the Developer
shall stop all work and notify the City immediately. The
Developer shall develop a plan that meets City, State and
Federal requirements for its disposal.
31. The applicant shall comply with all pertinent County of
Ventura Public Works Department water and sewer connection
regulations implemented by the County of Ventura Public
Works Department Waterworks District No. 1.
32. All existing and proposed utilities shall be under grounded
as approved by the City Engineer. This also includes all
existing above ground power lines adjacent to the project
site along Flory Avenue (not Los Angeles Avenue) that are
less than 67Kv.
33. Prior to improvement plan approval, the applicant shall
submit plans to the Ventura County Fire Prevention Division
and obtain the approval of the location of fire hydrants.
34. This project shall not create any non - conforming lots in
violation of the Map Act or local ordinances. The Developer
shall provide all easements and rights -of -way granted to
the City free and clear of all liens and encumbrances.
35. Prior to any work being conducted within any State, County,
or City right of way, the Developer shall obtain all
necessary encroachment permits from the appropriate
Agencies. Copies of these approved permits shall be
provided to the City Engineer.
Prior to Final Map Approval Conditions:
36. The Developer shall submit to the Department of Community
Development and the City Engineer for review a current
title report, which clearly states all interested parties
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and lenders included within the limits of the subdivision
as well as any easements that affect the subdivision.
37. Any mapping that requires review and approval by the County
of Ventura shall be concurrently submitted to the City
Engineer for review and approval. Developer shall be
responsible for all associated fees and review costs.
38. A final tract map prepared by a California Registered
Engineer meeting all of the provisions of the Subdivision
Map Act shall be submitted for review by the City Engineer.
39. Any lot -to -lot drainage easements and secondary drainage
easement shall be delineated on the final map. Assurance in
the form of an agreement shall be provided to the City that
these easements shall be adequately maintained by property
owners to safely convey storm water flows. Said agreement
shall be submitted to the City Engineer for review and
approval and shall include provisions for the owners
association to maintain any private storm drain or National
Pollution Discharge Elimination System, hereinafter NPDES
system not maintained by a City Assessment District and
shall be a durable agreement that is binding upon each
future property owner of each lot.
40. On the Final Map, the Developer shall offer to dedicate to
the City of Moorpark all right -of -way for public streets.
41. 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
evidence of compliance shall be submitted to the City
Engineer.
Grading Conditions:
42. All development areas and lots shall be designed and graded
so that surface drainage is directed to acceptable
locations or natural or improved drainage courses as
approved by the City Engineer. Altered drainage methods and
patterns onto adjacent properties shall not be allowed
without mitigation.
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43. ROC, NOx and dust during construction grading will be
suppressed by the following activities:
a. The fuel injection of all diesel engines used in
construction equipment should be retarded two degrees
from the manufacturer's recommendation.
b. All diesel engines used in construction equipment
should use high - pressure injectors.
C. All diesel engines used in construction equipment
should use reformulated diesel fuel.
d. Construction grading shall be discontinued on days
forecasted for first stage ozone alerts (concentration
of 0.20 ppm) as indicated at the Ventura County Air
Pollution Control District air quality monitoring
station closest to the City of Moorpark. Grading and
excavation operations shall not resume until the first
stage smog alert expires.
e. All clearing and grading activities shall cease during
periods of high winds (i.e., greater than 15 miles per
hour averaged over one hour) to prevent excessive
amounts of fugitive dust.
f. All material transported off -site shall be either
sufficiently watered or securely covered to prevent
excessive amounts of dust.
g. All active portions of the site shall be either
periodically watered or treated with environmentally
safe dust suppressants to prevent excessive amounts of
dust.
h. Facilities shall be constructed and operated in
accordance with the Rules and Regulations of the
Ventura County Air Pollution Control District.
i. Large -scale construction vehicles and trucks exiting
the project site during the mass grading period shall
be required to have tire wash -downs to minimize the
dispersion of dust onto local streets.
44. Prior to issuance of the initial grading permit, the
developer shall prepare an Erosion and Sediment Control
Plan to address construction impacts and long -term
operational effects on downstream environments and
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watersheds. Certified Erosion and Sediment Control
Professional or a qualified Civil Engineer shall prepare
this plan. The use of jute or other artificial cover
approved by the City Engineer will be required for all
graded slopes during the period of October 1 through and
inclusive of April 15. Proposed management efforts shall
include (but not limited to) provisions for the use of
vegetative filtering enhanced by creek bed reconstruction,
preparation of detailed erosion control plans, appropriate
use of temporary debris basins, silt fences, sediment traps
and other erosion control practices. The proposed plan
shall also address all relevant NPDES requirements and
recommendations for the use of best available technology.
The erosion control plan shall be reviewed and approved by
the Community Development Director and City Engineer prior
to issuance of grading permits for mass grading. Sediment
yields in the watersheds within the project boundary shall
be computed for pre - development and post - development
conditions in accord with methods outlined in Erosion and
Sediment Yields in the Transverse Ranges, Southern
California (United States Geological Survey, 1978). These
estimates of sediment yield shall be completed prior to
initiating final design of the debris /detention basin
facilities situated in the downstream portion of the
project.
45. Temporary erosion control measures shall be used during the
construction process to minimize water quality effects.
Specific measures to be applied shall be identified in the
project Erosion and Sediment Control Plan. The following
water quality assurance techniques shall be included, but
not limited to the following, as deemed necessary:
a. Minimize removal of existing vegetation.
b. Provide temporary soil cover, such as hydroseeding,
jute blankets, mulch /binder and erosion control
blankets, to protect exposed soil from wind and rain.
C. Incorporate silt fencing, berms, and dikes to protect
storm drain inlets and drainage courses.
d. Rough grade contours to reduce flow concentrations and
velocities.
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e. Divert runoff from graded areas, using straw bale,
earth, and sandbag dikes.
f. Phase the grading to minimize soil exposure during the
October through April rainy season.
g. Install sediment traps or basins.
h. Maintain and monitor erosion /sediment controls.
46. To minimize the water quality effects of permanent erosion
sources, the following design features shall be
incorporated into the project - grading plan to the
satisfaction of the City Engineer. The City Engineer shall
review and approve the grading plan to verify compliance
with Best Management Practices features including, but not
limited to the following:
a. Drainage swales, subsurface drains, slope drains,
storm drain inlet /outlet protection, and sediment
traps.
b. Check dams to reduce flow velocities.
C. Permanent desilting basins.
d. Permanent vegetation, including grass -lined swales.
e. Design of drainage courses and storm drain outlets to
reduce scour.
47. The following mitigation measures shall be implemented
during all construction activities throughout build out of
the project to minimize the impacts of project - related
noise in the vicinity of the proposed project site:
a. Construction activities shall be limited to between
the following hours: a) 7:00 a.m. to 6 p.m. Monday
through Friday, and b) 9:00 a.m. to 6:00 p.m.
Saturday. Construction work on Saturdays will require
payment of a premium for City inspection services and
may be further restricted or prohibited should be City
receive complaints from adjacent property owners. No
construction work is to be done on Sundays and City
observed holidays pursuant to Section 15.26.010 of the
Municipal Code.
b. Truck noise from hauling operations shall be minimized
through establishing hauling routes that avoid
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residential areas and requiring that "Jake Brakes" not
be used along the haul route within the City. The
hauling plan must be identified as part of the grading
plan and shall be approved by the City Engineer.
C. The Developer shall ensure that construction equipment
is fitted with modern sound - reduction equipment.
d. Stationary noise sources that exceed 70 dBA of
continuous noise generation (at 50 feet) shall be
shielded with temporary barriers if existing
residences are within 350 feet of the noise source.
e. Designated parking areas for construction worker
vehicles and for materials storage and assembly shall
be provided. These areas shall be set back as far as
possible from or otherwise shielded from existing
surrounding rural residential neighborhoods.
f. Property owners and residents located within 600 feet
of the project site, shall be notified in writing on a
monthly basis of construction schedules involving
major grading, including when clearing and grading is
to begin. The project developer shall notify adjacent
residents and property owners by Certified Mail - Return
Receipt Requested of the starting date for removal of
vegetation and commencement of site grading. The
content of this required communication shall be
approved by the City Engineer in advance of its
mailing and the return receipts, evidencing United
States mail delivery, shall be provided to the
Engineering Department.
g. A construction effects mitigation program shall be
prepared and submitted to the City after completion
and occupancy of the first phase of project build out.
This program shall protect, to the degree feasible,
new residents from the impacts of sustained
construction.
48. The project shall be subdivided by a single final map.
Grading and improvements shall be designed, bonded and
constructed as a single project.
49. The Developer shall submit to the City of Moorpark for
review and approval, a rough grading plan, consistent with
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the approved Tentative Map, 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.
50. The final grading plan shall meet all UBC and City of
Moorpark standards including slope setback requirements at
lot lines, streets and adjacent to offsite lots.
51. Concurrent with submittal of the rough grading plan a
sediment and erosion control plan shall be submitted to the
City for review and approval by the City Engineer. The
design shall include measures for irrigation and
hydroseeding on all graded areas within 30 days of
completion of grading unless otherwise approved by the City
Engineer. Reclaimed water shall be used for dust control
during grading, if available from Ventura County Waterworks
District No. 1.
52. This project is projected to import soils onsite.
Import /export operations requiring an excess of 100 total
truckloads or 1,000 cubic yards of material shall require
City Council approval prior to the commencement of hauling
or staged grading operations. A haul route is to be
submitted for review and approval by the City Engineer and
Community Development Director. Additional surety for the
cleaning and /or repair of the streets shall be required as
directed by the City Engineer. Approval of the Haul Route
Permit shall require the following:
a. The haul route permit application shall be completed
in its entirety including information indicating
maximum quantity of dirt to be hauled. The haul shall
be conducted only as permitted and no soil shall be
transported to or from any site, via any route, during
any time, or by any means except as specified in the
permit.
b. If import is coming from the east, the haul trucks
shall enter the City from State Route 23 freeway and
New Los Angeles Avenue interchange and proceed
westerly to Flory Avenue, thence northerly along Flory
Avenue to "A" Street, thence into the site. Empty haul
trucks shall proceed northerly on Flory Avenue to
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Third Street, thence westerly to Moorpark Avenue
(State Route 23) and southerly to Los Angeles Avenue.
If the haul is from the west, the haul trucks shall
enter the City from Los Angeles Avenue and proceed
easterly to Moorpark Avenue, thence northerly on
Moorpark Avenue to Third Street, thence easterly on
Third Street to Flory Avenue, thence southerly along
Flory Avenue to "A" Street, thence into the site.
Empty haul trucks shall proceed southerly on Flory _
Avenue to Los Angeles Avenue.
C. The haul route permit application shall indicate the
name of the dirt hauling company; the contractor's
state license number; the contractor's City license
number; proof of insurance per the City's
requirements; the supervisor in charge, including work
address, daytime work telephone numbers, a 24 -hour
availability number and the number of days to complete
the haul.
d. The haul route permit application shall specify the
starting and completion dates. No changes to the
approved haul route, times and dates of operation,
dust control, signage or traffic control shall be made
without approval of the City Engineer and Community
Development Director.
e. The Developer shall procure a City Encroachment permit
and post a cash bond in the amount of $500 per day for
each day of operations approved by the City Engineer.
The deposit shall be for payment of any costs incurred
by the City related to the haul including but not
necessarily limited to damage remediation, street
cleaning, administration, inspection and monitoring of
the permit. Upon certification by the City Engineer
that the haul operation is completed and that, all
damages to the City facilities and all costs to the
City and its agents and contractors have been paid;
the unused portion of the deposit shall be refunded.
Should the costs to the City exceed the deposit
amount, the Developer hauling the soil shall cease all
work operations and deposit additional funds with the
City, in an amount determined by the City Engineer,
within 10 days of written demand by the City.
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RESOLUTION NO. PC- 2002 -422
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f. The haul permit shall be subject to revocation or
revisions by the City Council or the City Engineer. A
copy of the permit shall be available for review on
the site at all times. The truck trip counts and
yardage hauled shall be tallied as the trucks enter
the import site. A true copy of the tally sheets shall
be delivered to the City Engineer, or his /her
designee, at the end of each working day that the
hauling occurs. _
g. The haul operation shall provide traffic control to
the satisfaction of the City Engineer.
h. Hauling operations shall be conducted only on weekdays
(Monday through Friday) and during daylight hours and
only between the hours of 9:00 AM and 4:00 PM on
school days and between the hours of 8:00 AM and 5:00
PM on non - school days (school holidays).
i. Appropriate traffic warning signs and devices and a
flagger shall be provided at the entrances to the
public way. The flagging operation shall be directed
to controlling the entrance of the trucks used to haul
the soil on and off the public street. Disruption of
traffic on public streets due to the haul operation
shall be reduced to the maximum extent practical.
j. All portions of the haul route and intersecting
streets within 500 feet of the haul route shall be
swept continuously during haul operations. No less
than two street sweepers shall be in operation over
the portions of the haul route within City
jurisdiction during haul operations and for 30 minutes
after the haul operation hours.
k. Haul operations shall be suspended on rain days. The
suspension shall continue until soils on the import
site have dried sufficiently that the haul truck tires
do not pick up the soils.
1. The soil shall be wetted to optimum moisture (ASTM D-
1557) before loading. Each haul truck shall have all
soil cleared from surfaces outside the bed before
traveling on a public street. The tires of the haul
trucks shall be cleaned of adhering soil before
traveling on any public street. The soil may be
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covered by tarps during the haul as an alternative to
wetting the soil to optimum moisture.
M. Onsite haul routes and soil moisture conditioning
measures shall be such to eliminate tracking or
blowing soil onto City streets or adjoining property
from the loading, hauling, dumping or distributing
portions of the operation. Onsite operations shall be
coordinated to avoid passage of haul trucks over wet
soils that might adhere to the tires of the haul
units.
n. The haul permit shall be signed by both the hauling
company and the Developer and shall bind both to the
conditions of the permit.
53. The entire subdivision shall be graded in a single
operation.
54. Temporary irrigation, hydroseeding and erosion control
measures 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 a temporary or permanent 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 except that during the rainy
season these measures will be implemented immediately.
55. The maximum gradient for any slope shall not exceed a 2:1
slope inclination except where special circumstances exist.
In the case of special circumstances where steeper slopes
are warranted a certified soil engineer will review plans
and their recommendations will be subject to the review and
approval of the City Engineer and the Community Development
Director.
56. All graded slopes shall be planted in a timely manner with
groundcover, trees and shrubs that will stabilize slopes
and minimize erosion. The planting will be to the
satisfaction of the Community Development Director and the
City Engineer.
57. So as to reduce debris from entering sidewalk and streets,
the approved grading plan shall show a slough wall,
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approximately 18 inches high, with curb outlet drainage to
be constructed behind the back of the sidewalk where slopes
exceeding 4 feet in height are adjacent to sidewalk. The
Developer shall use the City's standard slough wall detail
during the design and construction. The City Engineer and
Community Development Director shall approve all material
for the construction of the wall.
58. Grading may occur during the rainy season from October 1st
to April 15th subject to approval by the City Engineer and
timely installation of erosion control facilities. Erosion
control measures shall be in place and functional between
October 1st and April 15th. In order to comply with the
October 1st date, revised erosion control plans shall be
submitted to the City Engineer no later than September 1st
of each year from the start of grading or clearing
operations to the time of grading bond release.
59. Prior to any work being conducted within any State, County,
or City right of way, the Developer shall obtain all
necessary encroachment permits from the appropriate
Agencies. Copies of these approved permits will be provided
to the City Engineer.
60. During site preparation and construction, the contractor
shall minimize disturbance of natural groundcover on the
project site until such activity is required for grading
and construction purposes.
61. During clearing, grading, earth moving or excavation
operations regular watering shall control dust. In
addition the following measures shall apply:
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 grading plan shall indicate the number
of water trucks that 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 mph averaged over one hour). The
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RESOLUTION NO. PC- 2002 -422
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contractor shall maintain contact with the Air
Pollution Control District (APCD) meteorologist for
current information about average wind speeds.
C. Water or securely cover all material transported off -
site and on -site to prevent excessive amounts of dust.
d. Keep all grading and construction equipment on or near
the site, until these activities are completed.
e. The area disturbed by clearing, grading, earth moving,
or excavation operations shall be minimized to prevent
excessive dust generation.
f. Wash off heavy -duty construction vehicles before they
leave the site.
62. After clearing, grading, earth moving, or excavation
operations, and during construction activities, fugitive
dust emissions should be controlled using the following
procedures:
a. Apply non - hazardous chemical stabilizers to all
inactive portions of the construction site. When
appropriate, seed exposed surfaces with a fast
growing, soil binding plant to reduce wind erosion and
its contribution to local particulate levels.
b. Periodically, or as directed by the City Engineer,
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.
63. 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.
64. 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 Engineer shall be notified immediately. Work
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shall not proceed until clearance has been issued by all of
these agencies.
65. The 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.
66. Backfill of any pipe or conduit shall be in 4 -inch fully
compacted layers unless otherwise specified by the City
Engineer.
67. Soil testing for trench compaction shall be performed on
all trenching and shall be done not less than once every 2
feet of lift and 100 lineal feet of trench excavated. Test
locations shall be noted using street stationing with
offsets from street centerlines.
68. Observe a 15 -mile per hour speed limit for the construction
area.
69. During site preparation and construction, construct
temporary storm water diversion structures per City of
Moorpark standards.
70. The entire site shall be graded at the same time. Pads
shall be graded, planted and landscaped to the satisfaction
of the City Engineer.
Geotechnical /Geological Conditions:
71. Prior to submittal of grading plans the Developer shall
have a geotechnical report prepared to the satisfaction of
the City Engineer and at the minimum the geotechnical
report shall address the following:
a. All grading, foundations and structures shall be
designed and constructed to comply with Chapter 70 of
the Uniform Building Code (UBC) and applicable City
and /or Country Grading Ordinances. Modifications to
these standards shall be permitted only with the
written concurrence of the City Engineer and the
City's consulting geologist.
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RESOLUTION NO. PC- 2002 -422
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b. An engineering geologist shall define the final
grading requirements for residential facilities. All
geological recommendations shall be reviewed and
approved by the City Engineer and the City's
consulting geologist. Foundation designs in areas
where fault traces may be identified that are deemed
inactive should address enhancing the stability of
homes in the event minor movement occurs as a
secondary effect of ground shaking.
C. The developer shall cause an engineering geologist to
study all unanticipated faults exposed during grading
to detect any evidence of possible recent activity.
All active fault lines will be clearly shown on the
grading plan and final map. No structure shall be
placed within 50 feet of any fault trace.
d. All habitable structures shall be designed to
accommodate structural impacts from 0.12g- ground
acceleration or other standard factor of safety deemed
applicable to this project. The standards shall be
prepared to the satisfaction of the City Engineer.
e. The developer shall contract with an engineering
geologist to conduct geotechnical investigations and
to prepare grading recommendations, foundation design
criteria, and other recommendations regarding detailed
project design. The soils engineer shall evaluate the
condition of alluvium, liquefaction, expansive soils,
seismic safety and unconsolidated soils. The soils
report shall discuss the contents of the soils as to
the presence or absence of any hazardous waste or
other contaminants in the soils. Should the need for
additional geotechnical studies be generated or
required as a result of the geotechnical
investigation, additional plan check fees will be
required. Relatively loose soils or alluvium shall be
densified or removed and recompacted prior to
placement of structures upon such soils. Other
mitigation measures shall be incorporated into the
final project design as required by the geological
assessment. All geological recommendations shall be
to the satisfaction of the City Engineer.
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RESOLUTION NO. PC- 2002 -422
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f. Grading permits shall not be issued until 40 scale
grading plans have been approved. The project shall
be constructed in accord with the approved grading
plans.
g. Review of the Geotechnical Engineering Report, by the
City's Geotechnical Engineer, is required. The
Developer shall reimburse the City for all cost
including the City's administrative fee for this
review.
h. 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).
72. Prior to issuance of a building permit, all habitable
structures shall be designed to current UBC requirements or
the City approved geotechnical report requirements for the
project, whichever standard is most restrictive.
73. Prior to issuance of a building permit, an as- graded
geotechnical report and rough grading certification shall
be submitted to and approved by the City Engineer and
Geotechnical Engineer.
Street Conditions:
74. In accordance with Business and Professions Code 8771 the
street improvement plans shall provide for a surveyor's
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.
75. Monuments shall meet the City of Moorpark, County of
Ventura Standards and shall be to the satisfaction of the
City Engineer.
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, TTM No. 5307, RPD No. 2001 -01, VAR 2002 -01
Page 33
Mitigation of Traffic Impacts:
76. Traffic System Management Plan: Prior to the issuance of a
Zoning Clearance for construction for each residential
unit, the permittee shall make a contribution to the
Moorpark Traffic Systems Management (TSM) Fund of $1,444.00
per residential unit to fund TSM programs or clean -fuel
vehicles programs as determined by the City. Commencing on
January 1, 2005, and annually thereafter the Air Quality
Fee shall be adjusted by any increase in the Consumer Price
Index (CPI) until all fees have been paid. The CPI
increase shall be determined by using 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
of December over the prior month of December. In the event
there is a decrease in the CPI for any annual indexing, the
fee shall remain at its then current amount until such time
as the next subsequent annual indexing which results in an
increase.
77. Prior to the first Zoning Clearance for residential unit
building permit, Developer shall pay a fair -share
contribution for intersection improvements for Poindexter
Road /Moorpark Avenue, Los Angeles Avenue /Moorpark Avenue,
Los Angeles Avenue /Spring Road and Spring Road /High Street.
The level of fair -share participation will be to the
satisfaction of the City Engineer based on the traffic
report prepared for the project and the extent of the
impact to these intersections.
78. 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 approval of the tentative subdivision map, the
amount of the Citywide Traffic Fee shall be $4,240 per
dwelling unit. Commencing January 1, 2003, 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
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RESOLUTION NO. PC -2002 -422
GPA 2001 -01, TTM No. 5307, RPD No. 2001 -01, VAR 2002 -01
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issue of the Engineering News Record 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.
79. The applicant shall contribute to the Los Angeles Avenue
Area of Contribution (AOC) Fee Program. The Los Angeles
Avenue AOC Fee shall be paid in accordance with City -
Council adopted AOC fee requirements in effect at the time
of building permit application. The AOC Fee shall be paid
prior to the issuance of Zoning Clearance for each building
permit.
Street Requirements:
Los Angeles Avenue
80. The Developer shall irrevocably offer to dedicate for
street purposes all the property south of the north
property line wall to the satisfaction of City and Caltrans
for Los Angeles Avenue street improvements to be
constructed as a Los Angeles Avenue Area of Contribution
(AOC) fee improvement project. The amount of property
needed for the right -of -way for Los Angeles Avenue and the
location of the sidewalk shall be as determined by the City
Engineer and the Community Development Director. The
Developer shall be required to install landscaping south of
the property line wall in the area not required for street
improvements and sidewalk. Landscaping along Los Angeles
Avenue shall be shown on the landscape plan to be approved
by the Community Development Director. If approved by the
Community Development Director, City Engineer and Caltrans,
the sidewalk width may be reduced to six (6) feet if
determined necessary to achieve adequate landscape area
adjacent to the southerly property line wall.
81. Pedestrian facilities shall meet all City and ADA
requirements and shall be safe and visible from vehicle and
pedestrian traffic along Los Angeles Avenue.
82. The Developer shall dedicate vehicular access rights to the
City of Moorpark along Los Angeles Avenue on the final map.
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, TTM No. 5307, RPD No. 2001 -01, VAR 2002 -01
Page 35
83. An encroachment permit shall be obtained from Caltrans
prior to construction of any proposed roadway or other
improvements within their right -of -way. Any additional
right -of -way required to implement the approved design for
this work in their right -of -way, including slope easements
for future grading, shall be acquired by the applicant and
dedicated to the State in a manner acceptable to Caltrans
and the City Engineer. All required dedications shall be
illustrated on the Final Map: Proof of encroachment or
other non -City permits and bonds shall be provided to the
City Engineer prior to the start of any grading or
construction activities.
City Streets:
84. The Developer shall submit to the City of Moorpark for
review and approval, street improvement plans 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. Public streets shall
conform to City of Moorpark requirements including all
applicable ADA requirements. Street improvements shall be
acceptable to the City Engineer and Community Development
Director.
85. All streets shall conform to the design requirements of the
Ventura County Road Standards (most recent revision),
unless noted otherwise in the Conditions.
86. Pedestrian facilities shall meet all City and ADA
requirements, shall be safe from vehicular traffic along
"A" Street, Flory Avenue, and Los Angeles Avenue. Prior to
approval of the improvement plans, Developer shall submit
an ADA access exhibit to the satisfaction of the City
Engineer. The exhibit shall denote how ADA access
throughout the public right -of -way shall be accomplished.
87. The street improvements shall include concrete curb and
gutter, street lights, and signing, striping, interim
striping and traffic control, paving, and any necessary
transitions, to the satisfaction of the City Engineer. The
City Engineer and the Community Development Director shall
approve all driveway locations. The Developer shall
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, TTM No. 5307, RPD No. 2001 -01, VAR 2002 -01
Page 36
dedicate any additional right -of -way necessary to make all
of the required improvements.
88. Entry monumentation that does not interfere with sight -
distance or turning movements shall be incorporated into
the project entrance planning at Los Angeles Avenue and
Flory Avenue. Landscaping shall be provided appropriate to
the entry that will not interfere with sight- distance or
turning movement operations. The final design for the
project entrance shall be reviewed and approved by the
Community Development Director and the City Engineer prior
to the issuance of the building permits.
89. "A" Street shall be constructed per modified Ventura County
Standard Plate B -6 -B, 44 foot right -of -way; containing two
12 -foot wide travel lanes, one 4 -foot wide bike lane, one
8 -foot wide parking lane, and two 3.5 foot wide sidewalks,
not including top of curb. "A" Street shall have parking
omitted from the north side. "No Stopping" signs shall be
placed at each end of "A" Street and at intervals not
exceeding 175 feet. A 5 feet wide Public Utility Easement
(P.U.E.) shall be provided adjacent to the street right -of-
way. The maximum grade within the P.U.E. shall be 2 %.
Developer shall demonstrate conformance to ADA access
requirements at all locations including driveway locations.
An ADA plan shall be reviewed and approved by the City
Engineer and help on file to show conformance to those
requirements. Improvement plans will detail all locations
where utilities or other improvements conflict with normal
walk locations. The Final Tract Map and Improvement Plans
will reflect all such locations that affect lot lines and
right -of -way lines.
90. At the easterly end of "A" Street the Developer shall
construct a "hammerhead" turnaround to meet the minimum
requirements of the fire department. Improvements shall
provide access to the property that bounds the easterly
boundary along the turnaround. If necessary, the Developer
shall procure any additional right of way. The final map
and improvement plans shall make provisions for this.
Improvements and mapping shall be to the satisfaction of
the City Engineer.
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, TTM No. 5307, RPD No. 2001 -01, VAR 2002 -01
Page 37
91. Driveways shall be designed in accordance with the latest
APWA Standards.
92. Above ground obstructions (utility cabinets, mailboxes,
etc.) are to be placed within the right -of -way landscaping
areas. When above ground obstructions are to be placed
within the sidewalk, a minimum 3.5 feet clear sidewalk
width must be provided around the obstruction.
93. The Developer shall submit wall and_ landscaping plans
showing that provisions have been taken to provide for and
maintain proper sight distances. All fences, walls and
other structures over six (6) feet high are to be submitted
to and approved by the Community Development Director and
the City Engineer.
94. The Developer shall dedicate vehicular access rights to the
City of Moorpark along Flory Avenue.
95. Prior to recordation of final maps, the proposed street
name shall be submitted to the Fire District's
Communications Center for review and approval. Approved
street names shall be shown on the final map. 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.
96. Prior to approval of the final Tentative Map, the proposed
infrastructure plan for the project shall be designed to
place all required water, sewer and storm drains in "A"
Street from the tract to Millard Street. The applicant
shall obtain all necessary right -of -way and easements to
install the required infrastructure in this alignment. The
City may assist with the acquisition of such easements.
97. Any right -of -way acquisition necessary to complete the
required improvements shall be acquired by the Developer at
its expense.
Street Lighting Conditions:
98. Streetlights shall be provided on the improvement plans per
Ventura County Standards and as approved by the City
Engineer. Prior to final map recordation, the Developer
shall pay all energy costs associated with public street
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, TTM No. 5307, RPD No. 2001 -01, VAR 2002 -01
Page 38
lighting for a period of one year from the acceptance of
the street improvements.
Drainage Requirements:
99. The applicant shall make a pro -rata contribution to the
mitigation of cumulative regional drainage deficiencies,
should the City adopt such a program prior to issuance of
the first building permit.
100. The 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 improvements and shall post
sufficient surety guaranteeing the construction of all
improvements.
101. The plans shall depict all on -site and off -site drainage
structures required by the City.
102. The drainage plans and calculations shall relate to
conditions before and after development. Quantities of
water, water flow rates, major watercourses, drainage areas
and patterns, diversions, collection systems, flood hazard
areas, sumps, sump locations, detention and NPDES
facilities and drainage courses will be addressed.
103. Hydrology shall be per the current Ventura County Flood
Control Standards except as follows:
a. All storm drains shall carry a 10 -year frequency storm.
b. All catch basins shall carry a 10 -year storm.
c. 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.
d. All culverts shall carry a 100 -year frequency storm.
104. Surface flows shall be intercepted, detained and given
sufficient time to provide storm water clarification by
"passive" BMP systems prior to entering collector or storm
drain systems.
105. Under a 10 -year frequency storm, local, residential and
private streets shall have one dry travel lane available on
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RESOLUTION NO. PC- 2002 -922
GPA 2001 -01, TTM No. 5307, RPD No. 2001 -01, VAR 2002 -01
Page 39
interior residential streets. Collector streets shall have
a minimum of one dry travel lane in each direction.
106. "After- development" drainage to adjacent parcels shall not
be increased above "Pre- development" drainage quantities
nor will surface runoff be concentrated by this
development. All drainage measures necessary to mitigate
storm water flows shall be provided to the satisfaction of
the City Engineer.
107. Drainage grates shall not be used at any location
accessible by pedestrian, bicycle or equestrian traffic.
108. The grading plan shall also show contours indicating the
50- and 100 -year flood levels.
109. All flows that have gone through flow attenuation and
clarification by use of acceptable BMP systems and are
flowing within brow ditches, ribbon gutters, storm drain
channels, area drains and similar devices shall be
deposited directly into the storm drain system and shall be
restricted from entering streets. If necessary, the storm
drain system shall be extended to accept these flows. Both
storm drains and easements outside the public right -of -way
are to be privately maintained unless otherwise approved by
the City Council.
110. Concrete surface drainage structures exposed to the public
view, shall be tan colored concrete, as approved by the
Community Development Director, and to the extent possible
shall incorporate natural structure and landscape to reduce
their visibility.
111. In order to comply with California Regional Water Quality
Control Board requirements no curb outlets will be allowed
for pad drainage onto the street. The Developer shall
inform all new and future homeowners that future
improvements such as pool construction or other private
improvements require observance of the same requirements.
This notification agreement shall be acknowledged by each
homeowner and recorded with each property and enforced by
any proposed Homeowners Association.
112. Drainage devices for the development shall be designed and
installed with all necessary appurtenances to safely
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, TTM No. 5307, RPD No. 2001 -01, VAR 2002 -01
Page 40
contain and convey storm flows to their final point of
discharge to the satisfaction of the City Engineer.
113. A hydraulic /hydrologic study shall be prepared which
analyzes the hydraulic capacity of the drainage system,
with and without the storm drain system for the proposed
development. The Developer shall make any downstream
improvements, required by the City, to support the proposed
development.
114. Improvements shall be constructed to detain drainage on-
site when the drainage amount is between the ten -year and
fifty -year storm event. A rainfall intensity Zone K shall
be utilized in the design unless alternate design intensity
is approved by the City Engineer.
115. The Developer shall demonstrate, for each building pad
within the development 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;
b. Feasible access during a 50 -year frequency storm.
C. Hydrology calculations shall be per current Ventura
County Flood Control Standards.
d. All structures proposed within the 100 -year flood zone
shall be elevated at least one foot above the 100 -year
flood level.
116. The Developer shall provide for all necessary on -site and
off -site storm drain facilities to the satisfaction of the
City Engineer to accommodate upstream and on -site flows.
Facilities, as shown on existing drainage studies and
approved by the City Engineer, shall be delineated on the
final drainage plans. Either on -site detention basins or
storm water acceptance deeds from off -site property owners
must be specified.
117. The design of the storm drain system shall provide for
adequate width easements for future maintenance and
reconstruction of facilities particularly those facilities
that are deeper than 8 feet. In addition all facilities
shall have all- weather vehicular access. This design shall
be to the satisfaction of the City Engineer.
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, TTM No. 5307, RPD No. 2001 -01, VAR 2002 -01
Page 41
118. Engineering and geotechnical reports shall be provided to
prove, to the satisfaction of the City Engineer, that all
"passive" NPDES facilities meet their intended use and
design. These facilities shall meet the minimum
requirements relating to water retention and clarification.
119. The Developer shall demonstrate and certify to the
satisfaction of the City Engineer that all existing storm
drain culverts within the site shall perform in an
acceptable manner based on their intended design and the
proposed increase /decrease of loading conditions,
introduction of surface water within subsurface areas that
may affect the culvert and proposed construction. This
especially includes cast -in -place concrete pipe (CIPP).
National Pollutant Discharge Elimination System (NPDES)
Requirements:
120. Prior to the issuance of any construction /grading permit
and /or the commencement of any clearing, grading or
excavation, the Developer shall submit a Storm Water
Pollution Control Plan ( SWPCP) to the satisfaction of the
City Engineer.
121. The SWPCP shall be developed and implemented in accordance
with requirements of the Ventura Countywide Storm Water
Quality Management Program, NPDES Permit No. CAS004002.
122. The SWPCP shall identify potential pollutant sources that
may affect the quality of discharges to storm water 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.
123. Improvement plans shall note that the contractor shall
comply to the "California Storm Water Best Management
Practice Handbooks."
124. Prior to the issuance of any construction /grading permit
and /or the commencement of any clearing, grading or
excavation, the Developer 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):
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, TTM No. 5307, RPD No. 2001 -01, VAR 2002 -01
Page 42
Waste Discharge Requirements for Discharges of Storm Water
Runoff Associated with Construction Activities). The
Developer shall comply with all requirements of this
General Permit including preparation of a Storm Water
Pollution Prevention Plan (SWPPP).
125. The Developer shall obtain a permit from the State Water
Resources Control Board for "All storm water discharges
associated with a construction activity where clearing,
grading, and excavation results in land disturbances of
five or more acres." The Developer shall submit a copy of
the Notice of Intent (NOI ) to the City Engineers office as
proof of permit application.
126. The Developer shall also comply with NPDES objectives as
outlined in the "Storm Water Pollution Control Guidelines
for Construction Sites."
127. Prior to Final Map approval, Developer will provide
facilities to comply with NPDES requirements. Runoff from
developed areas shall be diverted to detention basins,
"passive- devices" or other passive Best Management
Practices (BMP's) to the satisfaction of the City Engineer.
A California registered civil engineer shall propose and
design these devices as part of the drainage improvement
plans for the project. Provisions shall be made by the
Developer to provide for maintenance in perpetuity.
128. Prior to City issuance of the initial grading permit, the
applicant shall obtain all necessary NPDES related permits.
The grading permits issued for the development shall
require applicant to provide schedules and procedures for
onsite maintenance of earthmoving and other heavy equipment
and documentation of proper disposal of used oil and other
lubricants. The onsite maintenance of all equipment that
can be performed offsite will not be allowed.
129. The project construction plans shall state that the
contractor shall comply with the "California Storm Water
Best Management Practice Handbooks" - Best Management
Practices (BMPs) applicable to the development and to the
satisfaction of the City Engineer. Said requirements shall
include the following:
a. All onsite storm drain inlets shall be labeled "Don't
Dump Drains to Arroyo."
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, TTM No. 5307, RPD No. 2001 -01, VAR 2002 -01
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b. No outdoor vehicle maintenance shall be allowed.
C. All common area property locations shall be
maintenance free of litter and debris.
d. All onsite storm drains shall be cleaned, using
approved methods, at least twice a year, once
immediately prior to October 1, the rainy season, and
once in January.
e. All common sidewalks, walkways, and parking areas
shall be swept regularly to prevent the accumulation
of litter and debris from entering the storm drain.
f. No cleaning agent must be discharged into a storm
drain system. If any cleaning agent or degreaser is
used, wash water shall not be discharged to the storm
drain but shall be discharged to the sanitary sewer.
Discharges to the sanitary sewer are subject to the
review and approval of the County Waterworks District
No. 1.
g. The City will require that "passive" devices and BMP's
be used to comply with NPDES water quality
requirements. The Developer shall provide the City
with a Maintenance Program for such devices. The
CC &R's shall include a requirement that the
Developer /HOA shall maintain, in perpetuity, such
devices in a manner consistent with specific
requirements to be detailed within the Maintenance
Program.
Alternatively the developer shall provide BMP's
conforming to Ventura County Municipal Storm Water
NPDES Permit No. CAS004002 to the satisfaction of the
City Engineer. This alternative may require
dedicating one lot to satisfy the NPDES provisions.
130. Prior to the starting of grading or any ground disturbance
the Developer shall employ a full -time superintendent for
NPDES compliance. The NPDES superintendent shall have no
other duties than NPDES compliance, shall be present, on
the project site Monday through Friday and on all other
days when the probability of rain is 40% or higher and
prior to the start of and during all grading or clearing
operations until the release of grading bonds. The NPDES
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, TTM No. 5307, RPD No. 2001 -01, VAR 2002 -01
Page 44
superintendent shall have full authority to hire personnel,
bind the developer in contracts, rent equipment and
purchase materials to the extent needed to effectuate Best
Management Practices. The NPDES superintendent shall
provide proof to the City Engineer of attendance and
satisfactory completion of courses satisfactory to the City
Engineer totaling no less than 8 hours directed
specifically to NPDES compliance and effective use of Best
Management Practices. Proof of such attendance and
completion shall be provided to the City Engineer prior to
employment to the NPDES superintendent. In addition, an
NPDES superintendent shall be employed to assume NPDES
compliance during the construction of streets, storm
drainage systems, all utilities, buildings and final
landscaping of the site.
Acquisition of Easements and Right of Way:
131. If any of the improvements which the applicant is required
to construct or install is to be constructed or installed
upon land in which the applicant does not have title or
interest sufficient for such purposes, the applicant shall
do all of the following at least 60 days prior to the
filling of the final or parcel map for approval pursuant to
Governmental Code Section 66457:
a. Notify the City of Moorpark (hereinafter City) in
writing that the applicant 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. 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
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RESOLUTION NO. PC- 2002 -422
GPA 2001 -01, TTM No. 5307, RPD No. 2001 -01, VAR 2002 -01
Page 45
require, pursuant to which the applicant will pay all
of the City's cost (including, without limitation,
attorney's fees and overhead expenses) of acquiring
such an interest in the land.
Prior to Issuance of a Certificate of Occupancy, the Following
Conditions shall be Satisfied:
132._If directed by the City, the Developer shall have repaired,
overlayed or slurried that portion of Flory Avenue and /or
Los Angeles Avenue adjacent to the development damaged as a
result of project related construction work or utility
trenching. The repairs, curb replacement, parkways,
sidewalks, and overlay or slurry of the street, as a result
of damage from construction work or utility trenching shall
be along the entire length of the project including
transitions unless otherwise approved and shall be
completed to the satisfaction of the City Engineer.
133. A copy of the recorded Map(s) shall be forwarded to the
City Engineer for filing.
134. A final grading certification shall be submitted to and
approved by the City Engineer.
Prior to Acceptance of Public Improvements and Bond
Exonerations, the Following Conditions shall be Satisfied:
135. Reproducible centerline tie sheets shall be submitted to
the City Engineer's office.
136. Sufficient surety in a form and in an amount acceptable to
the City guaranpteeing the public improvements shall be
provided, and shall remain in place for one year following
acceptance by the City.
137. Original "as built" plans shall be certified by the
Developer's Registered Civil Engineer and submitted with
two sets of blue prints to the City Engineer's office.
These "as built" plans shall incorporate all plan
revisions. Although grading plans may have been submitted
for checking and construction on sheets larger than 22" X
36 ", they shall be resubmitted as "record drawings" in a
series of 22" X 36" mylars (made with proper overlaps) with
a title block on each sheet. Submission of "as built"
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plans is required before a final inspection is scheduled.
Electronic files shall be submitted for all improvement
plans in a format to the satisfaction of the City Engineer.
In addition, Developer shall provide an electronic file
update on the City's Master Base Map electronic file,
incorporating all storm drainage, water and sewer mains,
lines and appurtenances and any other utility facility
available for this project.
D. FIRE DEPARTMENT CONDITIONS:
138. Prior to combustible construction, an all weather access
road /driveway suitable for use by a 20 ton Ventura County
Fire Protection District (Fire District) vehicle shall be
installed.
139. All access roads /driveways shall have a minimum vertical
clearance of 13 feet 6 inches (13'6 ").
140. Approved turnaround areas for fire apparatus shall be
provided when dead -end Fire District access roads /driveways
exceed 150 feet. Turnaround areas shall not exceed a 2.5%
cross slope in any direction and shall be located within
150 feet of the end of the access road /driveway.
141. Public and private roads shall be named if serving more
than four (4) parcels.
142. Prior to recordation of street names, proposed names shall
be submitted to the Fire District's Communications Center
for review.
143. Street name signs shall be installed in conjunction with
the road improvements. The type of sign shall be in
accordance with City of Moorpark Road Standards.
144. Address numbers, a minimum of 4 inches high, shall be
installed prior to occupancy, shall be of contrasting color
to the background, and shall be readily visible at night.
Where structures are set back more than 150 feet from the
street, larger numbers will be required so that they are
distinguishable from the street. In the event, the
structure(s) is not visible from the street, the address
number(s) shall be posed adjacent to the driveway entrance.
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145. A plan shall be submitted to the Fire District for review
indicating the method in which buildings are to be
identified by address numbers.
146. Prior to construction, the applicant shall submit plans to
the Fire District for placement of fire hydrants. On
plans, show existing hydrants within 500 feet of the
development. Indicate the type of hydrant, number and size
of outlets.
147. Fire hydrants shall be installed and in service prior to
combustible construction and shall conform to the minimum
standards of the City of Moorpark Water Works Manual.
a. 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.
b. The required fire flow shall be achieved at no less
than 20psi residual pressure.
C. Fire hydrants shall be spaced 500 feet on center, and
so located that no structure will be farther than 250
feet from any one hydrants.
d. Fire hydrants shall be set back from the curb face 24
inches on center.
e. No obstructions, including walls, trees, light and
sign posts, meter, and shall be placed within three
(3) feet of any hydrant.
f. A contract pad shall be installed extending 18 inches
out from the fire hydrant.
g. Ground clearance to the lowest operating nut shall be
between 18 to 24 inches.
148. Prior to occupancy of any structure, blue reflective
hydrant location marketers shall be placed on the access
roads in accordance with Fire District standards. If the
final asphalt cap is not in place at time of occupancy,
hydrant location markers shall still be installed and shall
be replaced when the final asphalt cap is completed.
149. Prior to map recordation, the applicant shall provide to
the Fire District, verification from the water purveyor
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that the purveyor can provide the required fire flow of
1,000 gallons per minute at 20 psi.
150. Any structure greater than 5,000 square feet in area and /or
5 miles from a fire station shall be provided with an
automatic fire sprinkler system in accordance with current
Fire District Ordinance.
151. Plans for all fire sprinkler systems shall be submitted,
with payment for plan check, to the Fire District for
review and approval prior to installation.
152. Applicant shall submit a phasing plan to the Fire
Department for review and approval prior to construction.
153. A copy of all recorded maps shall be provided to the Fire
District within seven (7) days of recordation of said map.
E. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS:
154. Prior to issuance of a building permit, provide Ventura
County Waterworks District the following:
a. Water and sewer improvement plans in the format
required.
b. Hydraulic analysis by a registered Civil Engineer to
determine the adequacy of the proposed and existing
water and sewer lines.
C. Copy of approval of fire hydrant locations by County
of Ventura Fire Protection District.
d. Copy of Release from Calleguas Municipal Water
District.
e. Cost estimates for water and sewer improvements.
f. Fees: Plan check, construction inspection, capital
improvement charge, sewer connection fee and water
meter charge.
g. Signed Contract to install all improvements and a
Surety Bond.
F. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS:
155. No direct storm drain connections to Ventura County Flood
Control District facilities will be allowed without
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RESOLUTION NO. PC- 2002 -422
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Page 49
appropriate Best Management Practices (BMP's) for
compliance with Ventura Countywide Stormwater Program.
156. 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.
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RESOLUTION NO. PC- 2002 -422
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Page 50
EXHIBIT D
CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT
PERMIT NO. 2001 -01 AND VARIANCE 2002 -01
A. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS:
1. The Residential Planned Development permit is granted for
the land and project as identified on the entitlement
application form and as shown on the plot plans and
elevations incorporated herein by reference as Exhibit "A ".
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.
2. Use Inauguration: Unless the Residential Development Permit
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 Community
Development Director may, at his /her discretion, grant up
to two (2) one (1) year extensions for project inauguration
if there have been no changes in the adjacent areas and if
Applicant can document that he /she has diligently worked
towards inauguration of the project during the initial
three -year period and the Applicant has concurrently
requested a time extension to the tentative tract map. The
request for extension of this entitlement shall be made at
least 30 -days prior to the expiration date of the permit.
3. Other Regulations: The design, maintenance, and operation
of the permit area and facilities thereon shall comply with
all applicable regulations of the applicable zone and all
requirements and enactment's of Federal, State, County, and
City authorities, and all such requirements and enactment's
shall, by reference, become conditions of this permit.
4. Duplication of Conditions: All mitigation measures
contained within the approved Mitigation Monitoring Report
and Program (MMRP) are hereby adopted as requirements of
the Residential Planned Development Permit, as applicable.
Where conflict or duplication between the MMRP and the
conditions of approval occur and applicability for
compliance is questioned by the Developer, the Community
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Page 51
Development Director will determine the applicable
condition compliance requirements for each phase of
development.
5. Image Conversion of Plans: Prior to issuance of the first
Certificate of Occupancy, the builder shall pay to the City
a fee for the image conversion of building permit plans as
determined by the Community Development Director into an
electronic imaging format acceptable to the City Clerk.
6. Public Nuisance: The Community Development Director may
declare a development project that is not in compliance
with the Conditions of Approval or for some other just
cause, a "public nuisance." The Applicant shall be liable
to the City for any and all costs and expenses to the City
involved in thereafter abating the nuisance and in
obtaining compliance with the conditions of approval or
applicable codes. If the Applicant fails to pay all City
costs related to this action, the City may enact special
assessment proceedings against the parcel of land upon
which the nuisance existed (Municipal Code Section
1.12.080).
7. Redevelopment Area Affordable Housing Requirements: To meet
the requirements of California Health and Safety Code 33410
et seq., as a condition of Tentative Tract Map No. 5307,
Developer shall agree as follows:
a. Low Income Units:
i. Provide two (2) three (3) bedroom units of not
less than 1,138 square .feet in size, to be sold
to buyers who meet the criteria for low income
households established by the United States
Department of Housing and Urban Development for
the County of Ventura (80% of Median income). The
first low income unit shall be constructed and a
certificate of occupancy shall be issued no later
than the construction and issuance of a
certificate of occupancy for the seventh (7th)
market rate unit of the project; and
ii. The second low income unit shall be constructed
and a certificate of occupancy shall be issued no
later than the construction and issuance of a
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certificate of occupancy for the eighteenth
(18th) market rate unit of the project.
b. Very Low Income Unit:
Provide one (1) three (3) bedroom unit of not less
than 1,138 square feet in size, to be sold to buyers
who meet the criteria for very low income households
established by the United States Department of Housing
and Urban Development for the County of Ventura (50%
of Median income). The very low income unit shall be
constructed and a certificate of occupancy shall be
issued no later than the construction and issuance of
a certificate of occupancy for the fifteenth (15th)
market rate unit of the project.
8. Affordable Housing Implementation and Resale Restriction
Plan and Affordable Housing Agreement: The initial sales
price, location of the affordable 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 an Affordable Housing
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 the occupancy of the first residential
unit for the Project, execute an Affordable Housing
Agreement that incorporates the Plan in total and is
consistent with Tract 5307 conditions of approval.
9. Affordable Housing Agreement Preparation Fee: Developer
shall pay to City the amount of Seven Thousand Five Hundred
Dollars ($7,500.00) for the City's cost to prepare the
required affordable housing plan and agreement.
10. Outstanding Case Processing Costs: The Applicant shall pay
all outstanding case processing (Planning and Engineering),
and all applicable City legal service fees within sixty
(60) days of approval of this RPD Permit. 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 Permit.
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RESOLUTION NO. PC- 2002 -422
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Page 53
11. Design /Development Standards: Prior to issuance of a Zoning
Clearance, the building elevations shall be revised to be
consistent with the conditions of approval for this
Residential Planned Development Permit and Tentative Tract
Map No. 5307, subject to Community Development Director
approval.
12. All garage doors shall be rollup. A minimum of 20 feet
shall be provided in front of each door.
13. Each residence shall maintain the established setbacks for
the project as shown on the approved plot plan, except that
the minimum setbacks for the main structure are as follows:
front yard, 16 feet to the house and 20 feet to the garage;
side yard, 5 feet; street side yard, 19 feet; and rear
yard, 10 feet.
14. Accessory structures and patio covers shall maintain a
minimum five (5) foot side yard setback and ten (10) foot
rear yard setback.
15. The Developer shall install front yard landscaping as
approved on the landscape plans. Front yard landscaping
shall be completed for each lot prior to occupancy
approval.
16. The Developer shall provide a neighborhood identification
monument sign at the northeast corner of Los Angeles Avenue
and Flory Avenue that reads "Walnut Acres." The final
design and location of the sign shall be approved by the
Community Development Director. The sign shall be
installed concurrent with perimeter wall installation.
17. Changes to Design: The following changes to the building
elevations shall be incorporated by the Applicant and new
copies of the building elevations submitted to the
Community Development Director for approval prior to
issuance of a building permit for any homes:
a. Additional window treatment shall be provided on all
rear second story windows and on the side second story
windows on Lots 1, 11 and 22 subject to the approval
of the Community Development Director prior to
issuance of a building permit.
b. The Plan 3 elevations shall be revised to incorporate
design elements and materials similar to Plan 1 and
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RESOLUTION NO. PC- 2002 -422
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Plan 2 elevations. These revised elevations shall be
approved by the Community Development Director prior
to issuance of a building permit.
C. The footprint for Plan 3 on Lots 1 and 22 shall be
reversed so that the front entry is located on the
side of the unit that faces Flory Avenue. The
driveways for Lots 1 and 22 shall remain on "A"
Street; however, a gate and pedestrian access walkway
- shall be added along Flory Avenue.
18. Adjoining residential units may not have the same floor
plan or elevation.
19. Compatibility of Changes to Plans: No expansion, alteration
or change in architectural elements that are visible from
any abutting street shall be allowed, unless in the
judgment of the Community Development Director such change
is compatible with all dwellings having frontage on the
same street and located within 200 feet (or as otherwise
determined by the Community Development Director) of the
side property line of the structure proposed for expansion
or alteration, subject to the review and approval of the
Community Development Director consistent with the approved
Design Guidelines and Zoning Code requirements.
20. All air conditioning or air exchange equipment shall be
placed at ground level, may not be placed in a sideyard
setback area within 15 feet of an opening window at ground
floor level of any residential structure, and shall not
reduce the required sideyards to less than 5 feet of level
ground. All air conditioning or air exchange equipment
shall be placed in the sideyard setback area where
compliance with these standards can be achieved.
21. Modifications to Permit: All facilities and uses other than
those specifically requested in the application are
prohibited unless an application for a modification is
submitted to the Department of Community Development
consistent with the requirements of the Zoning Code.
22. Garages shall maintain a clear unobstructed dimension of 20
feet in length and 10 feet in width for each parking stall
provided with a minimum of two garage - parking stalls
required for each dwelling unit.
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Page 55
23. Rain gutters and downspout shall be provided on all sides
of the structure for all structures where there is a
directional roof flow. Water shall be conveyed to the
street or drives in non - corrosive devices as determined by
the City Engineer.
a. All residential units shall be constructed employing
energy saving devices. These devices are to include,
but are not limited to the following: 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 set back features;
e. To ensure closure when not in use kitchen ventilation
systems shall have automatic dampers; and
24. Hot water solar panel stub -outs shall be provided.
25. 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.
26. Phasing: Construction phasing shall be approved by the
Community Development Director. The Director shall avoid
to the extent possible any impacts to existing residential
areas from construction traffic.
27. Submittal of Construction Drawings: Prior to the issuance
of a Zoning Clearance for construction, working drawings,
grading and drainage plans, plot plans, final map (if
requested by the Community Development Director), sign
programs, and landscaping and irrigation plans (three full
sets) shall be submitted to the Community Development
Director for review and approval.
28. Citywide Traffic Mitigation Fee: As a condition of the
issuance of a building permit for each residential unit
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within the boundaries of the Tract Map, Developer shall pay
City at the time of issuance of a Zoning Clearance for
construction, a traffic mitigation fee as described herein
( "Citywide Traffic Fee "). The Citywide Traffic Fee may be
expended by City in its sole and unfettered discretion. The
amount of the Citywide Traffic Fee shall be $4,240.00 per
residential unit. Commencing January 1, 2003, 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 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.
29. Fish and Game Fee Requirement: Within two (2) days after
the City Council adoption of a resolution approving this
project, the Applicant shall submit to the City of Moorpark
a check for a single fee of $1,250.00 plus a $25.00 filing
fee payable to the County of Ventura, to comply with
Assembly Bill 3158, for the management and protection of
Statewide Fish and Wildlife Trust Resources. Pursuant to
Public Resources Code Section 21089; and Fish and Game Code
Section 711.4; the project is not operative, vested or
final until the filing fees are paid.
30. Miscellaneous Fees: Applicant shall pay to the City capital
improvement, development, and processing fees at the rate
and amount in effect at the time the fee is required to be
paid. Said fees shall include but not be limited to Library
Facilities Fees, Police Facilities Fees, Fire Facilities
Fees, entitlement processing fees, and plan check and
permit fees for buildings and public improvements. Further,
unless specifically exempted by City Council, Applicant is
subject to all fees imposed by City as of the issuance of
the first permit for construction and such future fees
imposed as determined by City in its sole discretion so
long as said fee is imposed on similarly situated
properties.
31. Traffic System Management Plan: Prior to the issuance of a
Zoning Clearance for construction for each residential
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unit, the permittee shall make a contribution to the
Moorpark Traffic Systems Management (TSM) Fund of $1,444.00
per residential unit to fund TSM programs or clean -fuel
vehicles programs as determined by the City. Commencing on
January 1, 2005, and annually thereafter the Air Quality
Fee shall be adjusted by any increase in the Consumer Price
Index (CPI) until all fees have been paid. The CPI
increase shall be determined by using 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
of December over the prior month of December. In the event
there is a decrease in the CPI for any annual indexing, the
fee shall remain at its then current amount until such time
as the next subsequent annual indexing which results in an
increase.
32. Los Angeles Avenue Area of Contribution (AOC) Fee: The
applicant shall contribute to the Los Angeles Avenue Area
of Contribution (AOC) Fee Program. The Los Angeles Avenue
AOC Fee shall be paid in accordance with City Council
adopted AOC fee requirements in effect at the time of
building permit application. The AOC Fee shall be paid
prior to the issuance of Zoning Clearance for each building
permit.
33. Park and Recreational Facilities (Quimby) Fee: Prior to
approval of Zoning Clearance for residential unit building
permit, the subdivider shall pay fees in accordance with
Section 8297 -4 of the City's Subdivision Ordinance (Parks
and Recreation Facilities). The fee for the three
affordable units shall be $4,000 per dwelling unit. The
fee for the market rate units shall be determined based on
Subdivision Ordinance requirements.
34. Cable Television: During construction, Developer shall
allow all persons holding a valid cable television
franchise issued by the City of Moorpark ( "Cable
Franchisees") to install any equipment or infrastructure
(including conduit, power supplies, and switching
equipment) necessary to provide Franchisee's services to
all parcels and lots in the Project. Developer shall
provide notice of its construction schedule to all Cable
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Franchisees sufficiently in advance of construction to
allow the Cable Franchisees to coordinate installation of
their equipment and infrastructure with that schedule.
City shall provide Developer a list of Cable Franchisees
upon Developer's request.
35. In the event the cable television services or their
equivalent are provided to the Project or individual lots
under collective arrangement or any collective means other
than a Cable Franchisee (including, but not limited to,
programming provided over a wireless or satellite system
contained within the Project), the HOA shall pay monthly to
City an access fee of five percent (5%) of gross revenue
generated by the provision of those services, or the
highest franchise fee required from any City Cable
Franchisee, whichever is greater. "Gross revenue" is as
defined in Chapter 5.06 of the Moorpark Municipal Code and
any successor amendment or supplementary provision thereto.
B. CITY ENGINEER CONDITIONS:
36. The City Engineering conditions of approval for Tentative
Tract Map No. 5307 apply to Residential Planned Development
Permit No. 2001 -01.
C. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS:
37. Prior to combustible construction, an all weather access
road /driveway suitable for use by a 20 -ton Ventura County
Fire Protection District (Fire District) vehicle shall be
installed.
38. All access roads /driveways shall have a minimum vertical
clearance of 13 feet 6 inches (13'6 ").
39. Approved turnaround areas for fire apparatus shall be
provided when dead -end Fire Department access
roads /driveways exceed 150 feet. Turnaround areas shall
not exceed a 2.5% cross slope in any direction and shall be
located within 150 feet of the end of the access
road /driveway.
40. Public and private roads shall be named if serving more
than four (4) parcels.
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41. Prior to recordation of street names, proposed names shall
be submitted to the Fire District's Communications Center
for review.
42. Street name signs shall be installed in conjunction with
the road improvements. The type of sign shall be in
accordance with City of Moorpark Road Standards.
43. Address numbers, a minimum of 4 inches high, shall be
installed prior to occupancy, shall be of contrasting color
to the background, and shall be readily visible at night.
Where structures are set back more than 150 feet from the
street, larger numbers will be required so that they are
distinguishable from the street. In the event, the
structure(s) is not visible from the street, the address
number(s) shall be posed adjacent to the driveway entrance.
44. A plan shall be submitted to the Fire District for review
indicating the method in which buildings are to be
identified by address numbers.
45. Prior to construction, the applicant shall submit plans to
the Fire District for placement of fire hydrants. On
plans, show existing hydrants within 500 feet of the
development. Indicate the type of hydrant, number and size
of outlets.
46. Fire hydrants shall be installed and in service prior to
combustible construction and shall conform to the minimum
standards of the City of Moorpark Water Works Manual.
47. Each hydrant shall be a 6 -inch wet barrel design and shall
have one (1) 4 inch and one (1) 2 112 -inch outlet.
48. The required fire flow shall be achieved at no less than
20psi residual pressure.
49. 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.
50. Fire hydrants shall be set back from the curb face 24
inches on center.
51. No obstructions, including walls, trees, light and sign
posts, meter, and shall be placed within three (3) feet of
any hydrant.
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52. A contract pad shall be installed extending 18 inches out
from the fire hydrant.
53. Ground clearance to the lowest operating nut shall be
between 18 to 24 inches.
54. Prior to occupancy of any structure, blue reflective
hydrant location marketers shall be placed on the access
roads in accordance with Fire District standards. If the
final asphalt cap is not in place at time of occupancy,
hydrant location markers shall still be installed and shall
be replaced when the final asphalt cap is completed.
55. Prior to map recordation, the applicant shall provide to
the Fire District, verification from the water purveyor
that the purveyor can provide the required fire flow of
1,000 gallons per minute at 20 psi.
56. Any structure greater than 5,000 square feet in area and /or
5 miles from a fire station shall be provided with an
automatic fire sprinkler system in accordance with current
Fire District Ordinance.
57. Plans for all fire sprinkler systems shall be submitted,
with payment for plan check, to the Fire District for
review and approval prior to installation.
58. Applicant shall submit a phasing plan to the Fire District
for review and approval prior to construction.
59. A copy of all recorded maps shall be provided to the Fire
Prevention Division within seven (7) days of recordation of
said map.
D. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS:
60. Prior to issuance of a building permit, Applicant shall
provide Ventura County Waterworks District the following:
a. Water and sewer improvement plans in the format
required.
b. Hydraulic analysis by a registered Civil Engineer to
determine the adequacy of the proposed and existing
water and sewer lines.
C. Copy of approval of fire hydrant locations by County
of Ventura Fire Protection District.
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d. Copy of Release from Calleguas Municipal Water
District.
e. Cost estimates for water and sewer improvements.
f. Fees: Plan check, construction inspection, capital
improvement charge, sewer connection fee and water
meter charge.
g. Signed Contract to install all improvements and a
Surety Bond.
E. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS:
61. No direct storm drain connections to Ventura County Flood
Control District facilities will be allowed without
appropriate Best Management Practices (BMP's) for
compliance with Ventura Countywide Stormwater Program.
62. 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.
F. POLICE DEPARTMENT CONDITIONS:
63. Prior to issuance of building permits for either the
residential or recreational components of the project, the
Police Department shall review development plans for the
incorporation of defensible space concepts to reduce
demands on police services. To the degree feasible, public
safety planning recommendations shall be incorporated into
the project plans. The Applicant shall prepare of list of
project features and design components that demonstrate
responsiveness to defensible space design concepts. Review
and approval by the Police Department of all defensible
space design features incorporated into the project shall
occur prior to initiation of the building plan check
process.
G. MOORPARK UNIFIED SCHOOL DISTRICT CONDITION:
64. Prior to issuance of building permits for the residential
units, all legally mandated school impact fees applicable
at the time of issuance of a building permit shall be paid
to the Moorpark Unified School District.
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H. BUILDING DEPARTMENT CONDITIONS:
65. The final grading plan shall meet all standards of the
Uniform Building Code (UBC).
66. Spark Arrestor: An approved spark arrestor shall be
installed on the chimney of any structure(s).
I. MITIGATION MEASURE CONDITIONS:
67. Prior to submittal of building plans, Applicant shall
provide an acoustical study report to the City of Moorpark
that outlines a program for implementation of the Noise
Element Standard of 65 CNEL (Community Noise Equivalent
Level) to be attained at all locations within the
development. The City also requires that interior noise
levels attributable to exterior noise sources not exceed 45
CNEL. The intent of the interior noise level criterion is
to provide an acceptable noise level for communication and
sleep.
68. A sound wall shall be constructed along the southern
property line of Lots 1 through 11, along Los Angeles
Avenue. The top of the sound wall must be 9.5 feet above
the centerline surface of Los Angeles Avenue for Lots 1 and
2, 10.5 feet above the centerline for Lots 3 to 9 and 11.5
feet above the centerline for Lots 10 and 11.
69. The sound wall shall extend at least 20 feet to the north
on the west side of Lot 1 and at least 20 feet on the east
side of Lot 11. These extensions would then transition
gradually in height down to a standard 6 -foot high wall
height.
70. To reduce the interior noise levels, a minimum window glass
thickness of 3/16 -inch and a standard exterior wall of 5/8-
inch gypsum board, 3.5 -inch fiberglass filled cavity, 7/8-
inch latch and stucco, typical for single family
residential developments shall be installed.
71. All second story windows along Los Angeles Avenue shall be
Milgard type 5120 double glazed window assemblies or an
equivalent with a minimum STC 33 rating.
72. All rear and side entry doors of the homes on Lots 1
through 11 shall be gasketed (jamb, head, sill) with
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interlocking or tube -type compression weather - stripping, or
an effective equivalent.
MITIGATION MONITORING PROGRAM
MONITORING AND REPORTING REQUIREMENT FOR NOISE MITIGATION
MEASURES:
Prior to issuance of a building permit, the Building and Safety
Office will provide a memorandum to the Community Development
Director verifying that the building permit plans comply with
all noise mitigation measures imposed as conditions of approval.
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