HomeMy WebLinkAboutRES 2002 426 0624RESOLUTION NO. PC- 2002 -426
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
GENERAL PLAN AMENDMENT NO. 2002 -01, ZONE
CHANGE NO. 2002 -01, AND RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO. 2002 -02 FOR A 9.48
ACRE SITE LOCATED ON PARK CREST LANE AT PARK
LANE, ON THE APPLICATION OF USA PROPERTIES
FUND ASSESSOR PARCEL NO. 512 -0- 050 -185 AND A
PORTION OF 506 -0- 050 -475
WHEREAS, at a duly noticed Public Hearing on June 24, 2002,
the Planning Commission considered General Plan Amendment No.
2002 -01, Zone Change No. 2002 -01, and Residential Planned
Development Permit No. 2002 -02 on the application of USA
Properties Fund for a 9.48 acre site located on Park Crest Lane
at Park Lane (Assessor Parcel No. 506 -0 -5- 050 -185 and a portion
of 506 -0- 050 -475); and
WHEREAS, the proposed project is more specifically
described as follows:
General Plan Amendment No. 2002 -01: A request for a change
in the Land Use Designation of the Land Use Element of the
General Plan from C -2 (General Commercial) to VHD (Very
High Density);
Zone Change No. 2002 -01: A request for a change in the
Zoning from CPD (Commercial Planned Development) to RPD -20
du /ac (Residential Planned Development 20 dwelling
units /acre);
Residential Planned Development Permit No. 2002 -02: a
request for a permit to allow the construction of 190
senior citizen apartment units; and
WHEREAS, at its meeting of June 24, 2002, the Planning
Commission conducted a public hearing and received public
testimony, and after receiving public testimony, the Planning
Commission closed the public hearing.
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NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. GENERAL PLAN AND ZONING CONSISTENCY:
The Planning Commission does hereby find that General Plan
Amendment No. 2002 -01, Zone Change 2002 -01 and Residential
Planned Development Permit No. 2002 -02 are consistent with the
City's General Plan, subject to amendment of the land use
designation as proposed.
SECTION 2. ENVIRONMENTAL DOCUMENTATION:
A. That the Mitigated Negative Declaration prepared for
General Plan Amendment No. 2002 -01, Zone Change 2002 -01 and
Residential Planned Development Permit No. 2002 -02 serves as the
environmental document for the General Plan Amendment, Zone
Change, and Residential Planned Development Permit.
B. In order to reduce the potential adverse impacts of
this project, mitigation measures discussed in the Mitigated
Negative Declaration have been incorporated as conditions of
approval of Residential Planned Development Permit No. 2002 -02.
C. A Mitigation Reporting and Monitoring Program prepared
in compliance with Assembly Bill 3180 and considered in the
various decisions regarding these projects applies to
Residential Planned Development Permit No. 2002 -02.
D. The Planning Commission recommends to the City Council
the adoption of the Mitigated Negative Declaration.
SECTION 3. RESIDENTIAL PLANNED DEVELOPMENT PERMIT
FINDINGS:
The Planning Commission finds that:
A. The proposed project is consistent with the intent and
provisions of the City's General Plan and Zoning Ordinance.
B. The proposed project is compatible with the character
of surrounding development.
Resolution No. PC- 2002 -426
GPA 2002 -01, ZC 2002 -01, RPD No. 2002 -02
Page 3
C. The proposed project would not be obnoxious or
harmful, or impair the utility of neighboring property or uses.
D. The proposed project would not be detrimental to the
public interest, health, safety, convenience, or welfare.
E. The proposed project is compatible with existing and
planned land uses in the general area where the development is
to be located.
F. 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.
G. The residential structure setbacks are appropriate for
an infill residential project that includes affordable housing.
SECTION 4. RECOMMENDATION:
The Planning Commission recommends to the City Council
approval of General Plan Amendment No. 2002 -01 (Exhibit A), Zone
Change 2002 -01 (Exhibit B), and Residential Planned Development
Permit No. 2002 -02 subject to the Conditions of Approval
(Exhibit C).
SECTION 5. FILING OF RESOLUTION:
The Community Development Director shall certify to the
adoption of this resolution and shall cause a certified
resolution to be filed in the book of original resolutions.
Resolution No. PC- 2002 -426
GPA 2002 -01, ZC 2002 -01, RPD No. 2002 -02
Page 4
The action of the foregoing direction was approved by the
following vote:
AYES: Commissioners Parvin, DiCecco, Haller and Vice Chair
Landis
NOES:
ABSTAIN:
ABSENT:
PASSED AND ADOPTED THIS 24TH DAY OF JUNE 2002.
William F. Otto, Chaai.x
ATTEST:
6C a ry . HVvne n ty opme nt Director
EXHIBITS:
A. General Plan Exhibit Map
B. Zone Change Exhibit Map
C. Conditions of Approval for Residential Planned
Development Permit No. 2002 -02.
GENERAL PLAN EXHIBIT MAP
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Resolution No.
GPA 2002 -01,ZC
Page 7
PC- 2002 -426
2002 -01, RPD No. 2001 -02
RXHISIT r
CONDITIONS OF APPROVAL FOR RESIDENTIAL
PLANNED DEVELOPMENT PERMIT NO. 2002 -02
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"
on file in the Community Development Department Office.
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 two (2) years
after this permit is granted, this permit shall
automatically expire on that date. Upon application for an
extension of time filed with the Community Development
Director at least 30 -days prior to the expiration date, the
Director may, at his /her discretion, grant up to one (1)
one (1) year extension 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.
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
PC EXHIBIT C
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GPA 2002 -01,ZC 2002 -01, RPD No. 2001 -02
Page 8
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. Approval of the Residential Planned Development Permit is
conditioned upon execution of an Affordable Housing
Agreement, or other mutually acceptable agreement between
the City of Moorpark and the applicant or developer to
insure the affordability of the project. Compliance with
the terms and conditions of this Agreement shall address
affordable housing provision and the term of the
affordability. The Agreement is subject to the approval of
the City Council. By mutual agreement, these provisions
will be incorporated into a regulatory agreement if bonds
are issued to finance the project.
8. Affordable Housing Agreement (Development 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.
9. Outstanding Case Processing Costs: The Applicant shall pay
all outstanding case processing (Planning and Engineering),
and all applicable City legal service fees within sixty
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(60) days of approval of this RPD Permit. The applicant,
permittee, or successors in interest shall also submit to
the Department of Community Development, prior to or
concurrently with the building permit application, a fee to
cover costs incurred by the City for Condition Compliance
review of the RPD Permit.
10. 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, subject to
Community Development Director approval.
11. 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.
12. Landscape Plans: Within thirty (30) days of issuance of a
Zoning Clearance for a Grading Permit, the Applicant shall
submit a complete Landscape Plan shown on the approved
grading 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 building permits for the first
apartment building. The Landscape Plan and inspection
requirements shall comply with the following:
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 and City administrative
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costs. 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 Tree Valuation Report completed for this project
indicates that the site contains one (1) California
Pepper tree located in the center of the property.
The total valuation of the tree is $10,133. The
landscape plans shall provide enhanced landscaping
that totals the amount of the estimated tree impact
pursuant to Section 12.12.070 of the Moorpark
Municipal Code.
13. 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 the
Community Development Director within thirty (30) days of
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issuance of Zoning Clearance for a Grading Permit. The
fence /wall plan shall be depicted on the approved grading
plan and shall require approval by the Community
Development Director prior to issuance of Zoning Clearance
for building permits for the first apartment building. All
fences /walls along lot boundaries shall be in place prior
to occupancy of first building, 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,
or better, that comprises existing walls and or fences that
are to be connected to the project perimeter wall.
14. 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.
15. The main entry drive shall incorporate stamped concrete or
other decorative paving as approved by the Community
Development Director.
16. Lighting Plan: An exterior lighting plan designed in
accordance with Section 17.30 (Lighting Regulations) of the
Moorpark Municipal Code shall be submitted to the Community
Development Director within thirty (30) days of issuance of
Zoning Clearance for a Grading Permit. The lighting plan
shall be depicted on the approved grading plan and shall be
approved by the Community Development Director prior to
issuance of Zoning Clearance for building permits for the
first apartment building. Prior to initial review of the
lighting 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 lighting plan check and
inspection fees and City administrative costs. Any deposit
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balance remaining following final approval of the
installation shall be refunded to the Applicant.
17. 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. 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. Stoves, ovens, and ranges, when gas fueled shall not
have continuous burning pilot lights.
d. All thermostats connected to the main space- heating
source shall have night set back features;
e. Kitchen ventilation system shall have automatic
dampers to ensure closure when not in use.
18. Within thirty (30) days of issuance of Zoning Clearance for
a Grading Permit, the applicant shall submit a detail of
the pool and spa area for review by the Community
Development Director. The pool and spa plan shall be
approved by the Community Development Director prior to
issuance of Zoning Clearance for building permits for the
first apartment building. The pool and spa plan may be
submitted as part of the Landscape Plan.
19. Within thirty (30) days of issuance of Zoning Clearance for
a Grading Permit, the applicant shall submit a pedestrian
walking /seating plan for the project for review by the
Community Development Director. The pedestrian
walking /seating plan shall be approved by the Community
Development Director prior to issuance of Zoning Clearance
for building permits for the fist apartment building. The
pedestrian walking /seating plan may be submitted as part of
the Landscape Plan.
20. Within 30 days of issuance of a Grading Permit a lot line
adjustment or lot merger as determined by the City Engineer
or Land Surveyor and in accordance with the Subdivision Map
Act shall be submitted to make the two existing lots into
one lot. The lot line adjustment /lot merger shall be
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approved by the City Engineer prior to the issuance of a
Zoning Clearance for a building permit.
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. 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.
23. 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.
24. Citywide Traffic Mitigation Fee: As a condition of the
issuance of a building permit for each residential unit
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 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.
25. 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
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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.
26. Prior to issuance of Zoning Clearance for building permits,
the developer shall pay fee in accordance with the City's
Parks and Recreation Facilities requirements, the amount of
which will be determined as part of the Development
Agreement.
27. 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, the 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.
28. 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 for each
residential unit, at the rate in effect at the time of
building permit application, to fund TSM programs or clean -
fuel vehicles programs as determined by the City.
29. 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.
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30. 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.
31. 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 apartment management
entity 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.
C. CITY ENGINEER CONDITIONS:
General Conditions:
32. 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.
33. 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
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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.
34. 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.
35. 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.
36. All existing and proposed utilities shall be under grounded
as approved by the City Engineer.
37. 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.
38. 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.
39. 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.
Grading Conditions:
40. 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.
41. ROC, NOx and dust during construction grading will be
suppressed by the following activities:
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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.
42. 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
watersheds. Certified Erosion and Sediment Control
Professional or a qualified Civil Engineer shall prepare
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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.
43. 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.
e. Divert runoff from graded areas, using straw bale,
earth, and sandbag dikes.
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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.
44. 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.
45. 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 5:00 p.m. Monday
through Friday, and b) 8:00 a.m. to 5:00 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.
b. Truck noise from hauling operations shall be minimized
through establishing hauling routes that avoid
residential areas and requiring that "Jake Brakes" not
be used along the haul route within the City. The
hauling plan (including a map of the haul route) must
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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.
46. Grading and improvements shall be designed, bonded and
constructed as a single project.
47. The Developer shall submit to the City of Moorpark for
review and approval, a rough grading plan, consistent with
the approved Preliminary Grading /Drainage Plan, prepared by
a Registered Civil Engineer. The Developer shall enter
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into an agreement with the City of Moorpark to complete
public improvements and shall post sufficient surety
guaranteeing the construction of all improvements.
48. 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.
49. 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.
50. 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 the Freeway 23 and Los
Angeles Avenue interchange and proceed westerly to
Park Lane thence southerly along Park Lane to the
site. Empty haul trucks shall retrace the haul route.
If the haul is from the West, the haul trucks shall
enter the City from Los Angeles Avenue and proceed
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easterly to Park Lane, thence southerly along Park
Lane to the site. Empty haul trucks shall retrace the
haul route. If import is coming from the adjacent
Arroyo Simi, then provide written approval from the
Ventura County Flood Control District.
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.
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
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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. Hauling
shall be done on consecutive days, not including
weekends and a lapse between hauling days shall
invalidate the permit.
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
covered by tarps during the haul as an alternative to
wetting the soil to optimum moisture.
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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.
51. 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.
52. 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.
53. 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.
54. So as to reduce debris from entering sidewalk and streets,
the approved grading plan shall show a slough wall,
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
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during the design and construction. The City Engineer and
Community Development Director shall approve all material
for the construction of the wall.
55. 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 lst 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.
56. 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.
57. 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.
58. 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
contractor shall maintain contact with the Air
Pollution Control District (APCD) meteorologist for
current information about average wind speeds.
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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.
59. 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.
60. 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.
61. 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
shall not proceed until clearance has been issued by all of
these agencies.
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62. 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.
63. Backfill of any pipe or conduit shall be in 4 -inch fully
compacted layers unless otherwise specified by the City
Engineer.
64. 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.
65. Observe a 15 -mile per hour speed limit for the construction
area.
66. During site preparation and construction, construct
temporary storm water diversion structures per City of
Moorpark standards.
Geotechnical /Geological Conditions:
67. 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. The applicant or subsequent developers shall contract
with an engineering geologist and geotechnical engineer
to quantify the engineering properties of the on -site
soil materials, to assess the potential for weak soils
or bedding layers which may affect cut and /or natural
slopes, and to verify that grading planned within the
site is consistent with factors of safety approved by
the City's consulting Geotechnical Engineers. This
geotechnical study shall, as deemed necessary by the
City Engineer and consulting City Geologist and
Geotechnical Engineer, further assess slopes within or
adjacent to proposed residential development areas. The
findings and recommendations of the geotechnical
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assessment shall be incorporated into the final design
for the project.
b. The applicant will determine with subsequent
geotechnical studies, the location of any landslide or
unstable area, if existing or immediately adjacent to
the site. Landslides and unstable areas shall be
removed and recompacted during grading to the
satisfaction of the City Engineer and the City's
consulting geotechnical engineers. Alternatively,
landslides or unstable slopes can potentially be
stabilized by constructing buttress or stabilization
fill slopes to reduce their potential for future down
slope movement. All cut and fill slopes, 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.
C. An engineering geologist shall define the final grading
requirements for residential and recreational
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 were identified that have been
deemed inactive should address enhancing the stability
of homes in the event minor movement occurs as a
secondary effect of ground shaking.
d. 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.
e. 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.
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f. The developer shall contract with an engineering
geologist to prepare grading recommendations,
foundation design criteria, and other recommendations
regarding detailed project design. As a component of
required subsequent geologic studies, a soils engineer
shall evaluate the condition of alluvium and
unconsolidated soils. 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.
g. The Developer shall submit to the City Engineer for
review and approval, detailed Geotechnical Engineering
Reports certified by a California Registered Civil
Engineer. The Geotechnical Engineering Report shall
include an investigation with regard to liquefaction,
expansive soils, and seismic safety. Also, the 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 additional
geotechnical studies be generated or required as a
result of the geotechnical investigation, additional
plan check fees will be required.
h. 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.
i. All recommendations included in the approved
Geotechnical Engineering
j. 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
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grading plans incorporate the recommendations of the
approved soil report(s).
68. 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.
69. 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:
70. 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.
71. Monuments shall meet the City of Moorpark, County of
Ventura Standards and shall be to the satisfaction of the
City Engineer.
Mitiaation of Traffic Imvacts:
72. Prior to the first Zoning Clearance for residential unit
building permit, Developer shall pay a fair -share
contribution for intersection improvements for Los Angeles
Avenue /Moorpark Avenue, Los Angeles Avenue /Spring Road and
Spring Road /High Street. The level of fair -share
participation is based upon the traffic analysis prepared
for the Archstone Apartment project at a sixty percent
(60 %) value.
Street Requirements:
73. 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
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applicable ADA requirements. Street improvements shall be
acceptable to the City Engineer and Director of Community
Development
74. All streets shall conform to the design requirements of the
Ventura County Road Standards (most recent revision and as
modified), unless noted otherwise in the Conditions.
75. Pedestrian facilities shall meet all City and ADA
requirements, shall be safe from vehicular traffic along
Park Lane, Park Crest Lane 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.
76. The street improvements shall include concrete curb and
gutter, sidewalk, landscaped parkways, streetlights,
signing, striping, interim striping and traffic control,
repaving and paving, and any necessary transitions, to the
satisfaction of the City Engineer. The City Engineer and
the Director of Community Development shall approve all
driveway locations. The Developer shall dedicate or acquire
any additional right -of -way necessary to make all of the
required improvements.
77. Entry monumentation that does not interfere with sight -
distance or turning movements shall be incorporated into
the project entrance planning. 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 City Community Development Department
Director and the City Engineer prior to the issuance of
building permits.
Park Lane
78. From the project site to Los Angeles Avenue, Park Lane
shall be constructed per modified Ventura County Standard
Plate B -3 -C, 68 feet right -of -way; containing 52 feet of
roadway (curb face to curb face), 8 feet wide parkways
containing 5 feet wide sidewalks located 6 inches from the
right -of -way. This will include all portions of existing
Park Lane that do not conform to this cross section.
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Developer shall
demonstrate conformance to A.D.A. access
requirements at
all locations including driveway locations.
An ADA plan shall be reviewed, approved by the City
Engineer and held on file to show conformance to those
requirements. Improvement plans will detail all locations
where utilities
or other improvements conflict with normal
walk locations
and that the plans conform to the City's
requirements.
Developer shall reconstruct any broken
sidewalk, curb
and gutter, and street pavement from the
project site to
Los Angeles Avenue and repave any portions
of Park Lane to the satisfaction of the City Engineer.
Street sections
shall be designed for a 50 -year life.
79. Driveways shall be designed in accordance with the latest
APWA Standards.
80. 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 five (5) feet clear sidewalk
width must be provided around the obstruction.
81. 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 Director of Community Development
and the City Engineer.
82. Any right -of -way acquisition necessary to complete the
required improvements shall be acquired by the Developer at
his expense.
Street Liahtina Conditions:
83. 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
lighting for a period of one year from the acceptance of
the street improvements.
Drainage Requirements:
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84. The applicant shall make a pro -rata contribution to the
mitigation of cumulative regional drainage deficiencies
consistent with the remediation programs proposed in the
Drainage Deficiency Study adopted by the City. If a formal
fee program to implement required drainage improvements is
not adopted at the time of project approval, the
applicant's pro -rata contribution to funding required
regional improvements shall be included in the project
Development Agreement. Payment of negotiated drainage
improvement fees shall be required prior to issuance of
building permits.
85. 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.
86. The plans shall depict all on -site and off -site drainage
structures required by the City.
87. 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.
88. 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.
89. 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
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drain systems. This shall be clearly shown on the
improvement plans and shall be to the satisfaction of the
City Engineer.
90. Under a 10 -year frequency storm, local, residential and
private streets shall have one dry travel lane available on
interior residential streets. Collector streets shall have
a minimum of two dry travel lanes in each direction.
91. "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.
92. Drainage grates shall not be used at any location
accessible by pedestrian, bicycle or equestrian traffic.
93. The grading plan shall also show contours indicating the
50- and 100 -year flood levels based on the latest and best
information available.
94. 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.
95. 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.
96. In order to comply with California Regional Water Quality
Control Board requirements no curb outlets will be allowed
for pad drainage onto the street. This notification
agreement shall be recorded and enforced by the property
owner.
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97. Drainage devices for the development shall be designed and
installed with all necessary appurtenances to safely
contain and convey storm flows to their final point of
discharge to the satisfaction of the City Engineer.
98. 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.
99. 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.
100. 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.
101. 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.
102. 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
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shall have all - weather vehicular access. This design shall
be to the satisfaction of the City Engineer.
103. 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.
104. 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:
105. 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.
106. The SWPCP shall be developed and implemented in accordance
with requirements of the Ventura Countywide Storm Water
Quality Management Program, NPDES Permit No. CAS004002.
107. 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.
108. Improvement plans shall note that the contractor shall
comply to the "California Storm Water Best Management
Practice Handbooks."
109. 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
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Control Board, Storm Water Permit Unit in accordance with
the NPDES Construction General Permit (No. CASQ00002):
Waste Discharge Requirements for Discharges of Storm Water
Runoff Associated with Construction Activities). The
Developer shall comply with all requirements of this
General Permit including preparation of a Storm Water
Pollution Prevention Plan (SWPPP).
110. 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.
111. The Developer shall also comply with NPDES objectives as
outlined in the "Storm Water Pollution Control Guidelines
for Construction Sites."
112. Prior to Grading Plan 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.
113. 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.
114. 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
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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."
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.
115. 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 400 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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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 Riaht of Wa
116. 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.
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c. Enter into an agreement with the City, guaranteed by
such cash deposits or other security as the City may
require, pursuant to which the applicant will pay all
of the 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 Zone Clearance for A Building Permit, the
following conditions shall be satisfied:
117. 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.
Prior to Issuance of a Certificate of Occupancy, the Following
Conditions shall be Satisfied:
118. If directed by the City, the Developer shall have repaired,
overlayed or slurried that portion of Park Lane and Park
Crest Lane 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.
119. 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:
120. Reproducible centerline tie sheets shall be submitted to
the City Engineer's office.
121. Sufficient surety in a form and in an amount acceptable to
the City guaranteeing the public improvements shall be
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provided, and shall remain in place for one year following
acceptance by the City.
122. 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"
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:
123. 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.
124. All access roads /driveways shall have a minimum vertical
clearance of 13 feet 6 inches (13'6 ").
125. 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 2.50
cross slope in any direction and shall be located within
150 feet of the end of the access road /driveway.
126. Public and private roads shall be named if serving more
than four (4) parcels.
127. Prior to recordation of street names, proposed names shall
be submitted to the Fire District's Communications Center
for review.
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128. 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.
129. Address numbers, a minimum of 8 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.
130. A plan shall be submitted to the Fire District for review
indicating the method in which buildings are to be
identified by address numbers.
131. 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.
132. 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.
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g. Ground clearance to the lowest operating nut shall be
between 18 to 24 inches.
133. 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.
134. 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.
135. 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.
136. 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.
137. Applicant shall submit a phasing plan to the Fire
Department for review and approval prior to construction.
138. 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:
139. 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.
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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:
140. 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.
141. 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:
142. Construction equipment, tools, etc. shall be properly
secured to prevent theft during non - working hours.
143. All appliances (microwave ovens, dishwashers, trash
compactors, etc.) shall be properly secured prior to
installation to prevent theft during non - working hours.
144. If an alarm system is used, it shall be wired to all
exterior doors, windows, roof vents or other roof openings
where access may be made.
145. Directory Boards indicating the location of the various
buildings and individual units will be displayed at each
entrance to the complex and lighted during hours of
darkness.
146. Address numbers shall be placed on all buildings, in an
obvious sequence pattern, to be reviewed and approved by
the Police Department community services officer prior to
installation.
147. Prior to issuance of building permits for either the
residential or recreational components of the project, the
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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:
148. 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.
H. BUILDING DEPARTMENT CONDITIONS:
149. The final grading plan shall meet all standards of the
Uniform Building Code (UBC).
150. Spark Arrestor: An approved spark arrestor shall be
installed on the chimney of any structure(s).
I. MITIGATION MEASURE CONDITIONS:
151. Prior to Issuance of Grading permit, the final Geotechnicai
recommendations for development of the project shall
include measures to address the potential for liquefaction,
which may include but not be limited to caissons, piers,
and /or deep footings.
152. Prior to the first Zoning Clearance for residential unit
building permit, Developer shall pay a fair -share
contribution for intersection improvements for Los Angeles
Avenue /Moorpark Avenue, Los Angeles Avenue /Spring Road and
Spring Road /High Street. The level of fair -share
participation is based upon the traffic analysis prepared
for the Archstone Apartment project at a sixty percent
(600) value.
153. Prior to Issuance of Grading Permit, the project site shall
be raised to an elevation sufficient to be at or above the
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100 -year event based upon a 26,600 cfs or to an elevation
satisfactory to the City Engineer, which would provide
protection from the 100 -year event.
MITIGATION MONITORING REPORT PROGRAM
MONITORING AND REPORTING REQUIREMENT FOR MITIGATION MEASURES:
Prior to issuance of a Grading Permit, the City Engineer shall
provide a memorandum to the Community Development Director
verifying that the grading plans comply with all mitigation
measures imposed as conditions of approval.
Prior to issuance of a Building Permit, the Building Official
shall provide a memorandum to the Community Development Director
verifying that the building plans comply with all mitigation
measures imposed as conditions of approval.
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