HomeMy WebLinkAboutRES 2003 448 0701RESOLUTION NO. PC- 2003 -448
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT
NO. 2003 -01, ZONE CHANGE NO. 2003 -01, RESIDENTIAL
PLANNED DEVELOPMENT PERMIT NO. 2003 -01 AND
TENTATIVE TRACT MAP NO. 5405 ON 2.5 ACRES OF
LAND, LOCATED WEST OF WALNUT CANYON ROAD,
APPROXIMATELY ONE -HALF MILE NORTH OF CASEY ROAD,
ON THE APPLICATION OF WILLIAM LYON HOMES
(ASSESSOR PARCEL NO. 500 -0- 270 -050)
WHEREAS, at a duly noticed public hearing on July 1, 2003,
the Planning Commission considered General Plan Amendment No.
2003 -01, to amend the land use designation of the subject site
from Rural Low Residential to High Density Residential; Zone
Change No. 2003 -01 to change the zoning of the site from Rural
Exclusive 5 -Acre (RE -5ac) to Residential Planned Development 7
Units /Acre (RPD -7u); Tentative Tract Map No. 5405, to subdivide
the site into seventeen (17) single- family residential lots and
three (3) landscape lots; and Residential Planned Development
Permit No. 2003 -01, to construct seventeen (17) affordable
single - family housing units, on a 2.5 Acre site located west of
Walnut Canyon Road, approximately one -half mile north of Casey
Road. (Assessor Parcel No. 500 -0- 270 -050); and
WHEREAS, at its meeting of July 1, 2003, the Planning
Commission considered the agenda report and any supplements
thereto and written public comments; opened the public hearing
and took and considered public testimony both for and against
the proposal and reached a decision on this matter; and
WHEREAS, the Planning Commission has read, reviewed, and
considered the proposed Mitigated Negative Declaration prepared
on behalf of the proposed seventeen (17) single - family housing
unit project referenced above.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying
studies, and oral and written public testimony, the Planning
Commission makes the following findings in accordance with City
of Moorpark, Municipal Code Section 17.44.030:
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Page 2
A. The proposed project is consistent with the intent and
provisions of the City's General Plan and Zoning Ordinance,
in that the proposed project will advance the objectives of
the General Plan Housing Element, and the proposed zoning
designation will be consistent with the proposed General
Plan Land Use designation.
B. The proposed project is compatible with the character of
surrounding development, in that both the proposed project
and the surrounding development will include a variety of
single family detached homes.
C. The proposed project would not be obnoxious or harmful, or
impair the utility of neighboring property or uses, in that
the use proposed is similar to uses existing or proposed to
the north, south, and west, and access to or utility of
those adjacent uses are not hindered by this project.
D. The proposed project would not be detrimental to the public
interest, health, safety, convenience, or welfare, in that
adequate provision of public access, sanitary services, and
emergency services have been ensured in the processing of
this request.
E. The proposed project is compatible with existing and
planned land uses in the general area where the development
is to be located, in that the existing and planned land
uses in the general area are generally single family
detached residential uses. The nearby Waterworks District
facility is isolated from this project and will neither
affect, nor be adversely affected by, this development.
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, in that the proposed project
complies with all development standards of the Moorpark
Municipal Code, and the development will utilize high
quality architectural materials and treatments to enhance
the visual appeal of the structures to be constructed.
SECTION 2. SUBDIVISION MAP ACT FINDINGS: Based on the
information set forth in the staff report(s) and accompanying
maps and studies the Planning Commission has determined that the
Tentative Tract Map, with imposition of the attached special and
standard Conditions of Approval, meets the requirements for
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approval of California Government Code Sections 66473.5, 66474,
66474.6, and 66478.1 et seq., in that:
A. The proposed map would be consistent with the City of
Moorpark General Plan and Zoning Ordinance if amended by
General Plan Amendment No. 2003 -01 and Zone Change No.
2003 -01 to allow for a density up to 7.0 units per acre.
B. That the design and improvements of the proposed
subdivision would be consistent with the City of Moorpark
General Plan if amended by General Plan Amendment No. 2003-
01 and Zone Change No. 2003 -01 to allow for a density up to
7.0 units per acre.
C. The site is physically suitable for the type of development
proposed in that the site can be engineered to allow for
all required utilities to be brought to the site, adequate
ingress and egress can be obtained, and the site can be
provided with public and emergency services.
D. The site is physically suitable for the proposed density of
development, in that all City Development standards would
be met by the proposed project.
E. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage,
in that all potential impacts would be mitigated through
project design or conditions.
F. The design of the subdivision and the type of improvements
are not likely to cause serious public health problems, in
that adequate sanitation is both feasible and required as a
condition of this development.
G. 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, in that easements for the
widening of Walnut Canyon Road have been identified and
incorporated in the design of this project.
H. 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.
I. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake,
or reservoir as defined in California Government Code
Section 66478.1 et seq.
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SECTION 3. PLANNING COMMISSION RECOMMENDATION:
A. The Planning Commission recommends to the City Council
approval of General Plan Amendment No. 2003 -01 per Exhibit
A.
B. The Planning Commission recommends to the City Council
approval of Zone Change No. 2003 -01 per Exhibit B.
C. The Planning Commission recommends to the City Council
approval of Tentative Tract Map No. 5405 subject to the
special and standard Conditions of Approval included in
Exhibit C (Special and Standard Conditions of Approval),
attached hereto and incorporated herein by reference.
D. The Planning Commission recommends to the City Council
approval of Residential Planned Development Permit No.
2003 -01 subject to the special and standard Conditions of
Approval included in Exhibit D (Special and Standard
Conditions of Approval), attached hereto and incorporated
herein by reference.
SECTION 4. CERTIFICATION OF ADOPTION: 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.
The action of the foregoing direction was approved by the
following vote:
AYES: Commissioners Lauletta, Pozza, Vice Chair
DiCecco and Chair Landis
NOES:
ABSTAIN:
ABSENT: Commissioner Peskay
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PASSED, AND ADOPTED this 1st day of July, 2003.
Exhibit
A:
General Plan
Amendment Map
Exhibit
B:
Zone Change
Map
Exhibit
C:
Special and
Standard Conditions of Approval for
Tentative Tract
Map No. 5405
Exhibit
D:
Special and
Standard Conditions of Approval for
Residential
Planned Development Permit No. 2003 -01
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EXHIBIT A
GENERAL PLAN AMENDMENT MAP
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EXHIBIT B
ZONE CHANGE MAP
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EXHIBIT C
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR TENTATIVE TRACT MAP No. 5405
SPECIAL CONDITIONS
1. Prior to or concurrently with the approval of the Final
Map, the westerly tract boundary shall be revised to
reflect the boundary as shown on the Tentative Tract Map
No. 5405. This amendment shall take place through a lot
line adjustment or by amendment to Tract 5187, or other
method acceptable to the Community Development Director and
the City Engineer.
2. Prior to the issuance of a grading permit, the applicant
shall obtain all required permits from the California
Department of Fish and Game and the U.S. Army Corps of
Engineers. Any required mitigation imposed as a result of
these permits shall be complied with.
3. Prior to the approval of a Final Map for this subdivision
the applicant shall enter into an Affordable Housing
Agreement between the City of Moorpark and the Applicant.
The Affordable Housing Agreement shall be consistent with
the requirements set forth in the conditions of approval of
Resolution No. 2002 -1938 approving Tentative Tract Map
5187.
4. The Final Map shall show the ultimate right -of -way for "A"
Street to include a five (5) foot wide curbside parkway and
a five (5) foot wide sidewalk adjacent to the parkway on
both sides of the street. At the cul -de -sac bulb between
lot 1 and lot 17, the sidewalk may abut the curb with no
parkway. Final design of the right -of -way improvements
shall be to the satisfaction of the Community Development
Director and City Engineer.
STANDARD CONDITIONS
A. For compliance with the following conditions contact the
Planning Division of the Community Development Department:
1. 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
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tentative map approval supersede all conflicting notations,
specifications, dimensions, typical sections and the like
which may be shown on said map.
2. Recordation of this subdivision shall be deemed to be
acceptance by the subdivider and his /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. 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 this approval.
4. The subdivider shall defend, indemnify and hold harmless
the City and its agents, officers and employees from any
claim, action or proceeding against the City or its agents,
officers or employees to attack, set aside, void, or annul
any approval by the City or any of its agencies,
departments, commissions, agents, officers, or employees
concerning the subdivision, which claim, action or
proceeding is brought within the time period provided
therefore in Government Code Section 66499.37. The City
will promptly notify the subdivider of any such claim,
action or proceeding, and, if the City should fail to do so
or should fail to cooperate fully in the defense, the
subdivider shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents,
officers and employees pursuant to this condition.
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.
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The subdivider's obligations under this condition
shall apply regardless of whether a Final Map is
ultimately recorded with respect to the subdivision.
5. 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 Tentative Tract Map and Residential
Planned Development Permit, as applicable.
6. 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. 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 subdivder, the Community
Development Director shall determine the applicable
condition compliance requirements for each phase of
development.
8. Prior to Approval of the Final Map, the subdivider shall
submit to the Department of Community Development and the
City Engineer for review a current title report which
clearly states all interested parties and lenders included
within the limits of the subdivision as well as any
easements that affect the subdivision.
9. Prior to approval of the Final Map, the subdivder 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. 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.
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11. 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:
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.
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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.
12. Provisions requiring that 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.
13. 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 reviewed 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.
14. 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 for review and approval
by the Community Development Director.
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15. The final design and location of all walls and fences,
streetscape elements, urban landscaping are subject to the
approval of the Community Development Director.
16. 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.
17. 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. 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.
20. The 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
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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.
21. During construction, the applicant 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. The applicant 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 the
applicant a list of Cable Franchisees upon the applicant's
request.
22. 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 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 5405 conditions of approval.
23. 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).
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B. For compliance with the following conditions please contact
the City Engineer:
General Conditions:
24. The applicant 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.
25. The applicant 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.
26. 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.
27. 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.
28. 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 that are less than 67Kv.
29. 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.
30. The applicant shall provide all easements and rights -of -way
granted to the City free and clear of all liens and
encumbrances.
31. Prior to any work being conducted within any State, County,
or City right of way, the applicant shall obtain all
necessary encroachment permits from the appropriate
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Agencies. Copies of these approved permits shall be
provided to the City Engineer.
32. Prior to the approval of Final Map the applicant shall
submit to the Community Development Department 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.
33. Any mapping that requires review and approval by the County
of Ventura shall be concurrently submitted to the City
Engineer for review and approval. The applicant shall be
responsible for all associated fees and review costs.
34. The Final Map shall be prepared by a California Registered
Engineer meeting all of the provisions of the Subdivision
Map Act.
35. 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.
36. On the Final Map, the applicant shall offer to dedicate to
the City of Moorpark all rights -of -way for public streets.
37. Prior to submittal of the Final Map for review and
approval, the applicant 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.
38. 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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39. 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.
40. 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.
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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.
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.
41. 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.
42. The following 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
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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
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 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.
43. The applicant shall submit to the City of Moorpark for
review and approval, a rough grading plan, consistent with
the approved Tentative Map, prepared by a Registered Civil
Engineer, shall enter into an agreement with the City of
Moorpark to complete public improvements and shall post
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sufficient surety guaranteeing the construction of all
improvements.
44. 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.
45. 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.
46. 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.
47. All requests for staged grading shall be submitted in
writing to the City Engineer for review and approval by the
City Council.
48. 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.
49. 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.
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50. 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.
51. 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
applicant 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.
52. 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.
53. During site preparation and construction, the applicant
shall minimize disturbance of natural groundcover on the
project site until such activity is required for grading
and construction purposes.
54. 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.
55. 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.
56. The applicant 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.
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57. Backfill of any pipe or conduit shall be in 4 -inch fully
compacted layers unless otherwise specified by the City
Engineer.
58. 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.
59. All vehicles in the construction area shall observe a 15-
mile per hour speed limit for the construction area at all
times.
60. During site preparation and construction, the applicant
shall construct temporary storm water diversion structures
per City of Moorpark standards.
61. The entire site shall be graded at the same time. Pads
shall be graded, planted and landscaped to the satisfaction
of the City Engineer.
62. Prior to submittal of grading plans the applicant shall
have a geotechnical report prepared to the satisfaction of
the City Engineer.
63. 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.
64. 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.
65. 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.
66. Monuments shall meet the City of Moorpark, County of
Ventura Standards and shall be to the satisfaction of the
City Engineer.
67. Prior to the issuance of a Zoning Clearance for
construction for each residential unit, the applicant 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
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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.
68. 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 approval
date of this resolution the amount of the Citywide Traffic
Fee shall be Four - Thousand - Three - Hundred - Eighty -Nine
Dollars ($4,389) per residential unit. Commencing January
1, 2004, 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.
69. 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.
70. Prior to or concurrently with the Final Map and prior to
any construction for Walnut Canyon Road an encroachment
permit shall be obtained from Caltrans. Any additional
rights -of -way required to implement the approved design for
this work in the Caltrans right -of -way, including slope
easements for future grading, shall be acquired by the
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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.
71. Prior to or concurrently with the Final Map and prior to
any construction for all streets, except for those under
the jurisdiction of Caltrans the applicant shall submit to
the City of Moorpark for review and approval, street
improvement plans prepared by a California Registered Civil
Engineer, enter into an agreement with the City of Moorpark
to complete public improvements, and 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.
72. All streets shall conform to the design requirements of the
Ventura County Road Standards (most recent revision),
unless noted otherwise in the Conditions.
73. 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 applicant shall
dedicate any additional right -of -way necessary to make all
of the required improvements.
74. Driveways shall be designed in accordance with the latest
APWA Standards.
75. 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.
76. The applicant 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.
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77. Any right -of -way acquisition necessary to complete the
required improvements shall be acquired by the applicant at
his /her expense.
78. Street lights shall be provided on the improvement plans
per Ventura County Standards and as approved by the City
Engineer. Prior to Final Map recordation, the applicant
shall pay all energy costs associated with public street
lighting for a period of one year from the acceptance of
the street improvements.
79. 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.
80. Prior to or concurrently with the Final Map the applicant
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.
81. The plans shall depict all on -site and off -site drainage
structures required by the City.
82. 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.
83. 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.
84. 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.
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85. 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 one dry travel lane in each direction.
86. "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 take care
of storm water flows shall be provided to the satisfaction
of the City Engineer.
87. Drainage grates shall not be used at any location
accessible by pedestrian, bicycle or equestrian traffic.
88. The grading plan shall also show contours indicating the
50- and 100 -year flood levels.
89. 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.
90. 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.
91. 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 applicant 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.
92. 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.
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93. A hydraulic /hydrologic study shall be
analyzes the hydraulic capacity of the
with and without the storm drain system
development. The Developer shall make
improvements, required by the City, to sub
development.
prepared which
drainage system,
for the proposed
any downstream
port the proposed
94. 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.
95. Prior to the issuance of a grading permit the applicant
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.
96. The applicant 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.
97. 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.
98. 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.
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99. 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).
100. Prior to the issuance of any construction /grading permit
and /or the commencement of any clearing, grading or
excavation, the applicant shall submit a Storm Water
Pollution Control Plan (SWPCP) to be developed and
implemented in accordance with requirements of the Ventura
Countywide Storm Water Quality Management Program, NPDES
Permit No. CAS004002, to the satisfaction of the City
Engineer.
101. Prior to the issuance of any construction /grading permit
and /or the commencement of any clearing, grading or
excavation, the applicant shall also submit a Notice of
Intent (NOI) to the California State Water Resources
Control Board, Storm Water Permit Unit in accordance with
the NPDES Construction General Permit (No. CASQ00002):
Waste Discharge Requirements for Discharges of Storm Water
Runoff Associated with Construction Activities). The
applicant shall comply with all requirements of this
General Permit including preparation of a Storm Water
Pollution Prevention Plan (SWPPP).
102. The applicant 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 one
or more acres." The applicant shall submit a copy of the
Notice of Intent (NOI) to the City Engineers office as
proof of permit application.
103. The applicant shall also comply with NPDES objectives as
outlined in the "Storm Water Pollution Control Guidelines
for Construction Sites."
104. Prior to Final Map approval, the appplicant shall 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
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plans for the project. Provisions shall be made by the
Developer to provide for maintenance in perpetuity.
105. 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.
106. Prior to the starting of grading or any ground disturbance
the applicant shall designate a full -time superintendent
for NPDES compliance. The NPDES superintendent 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 superintendent shall have full authority to hire
personnel, bind the applicant 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.
107. 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
filing of the Final 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.
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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
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.
108. Prior to the issuance of a building permit for the first
residence a copy of the recorded Map(s) shall be forwarded
to the City Engineer for filing, and a final grading
certification shall be reviewed and approved by the City
Engineer.
109. Prior to acceptance of public improvements and bond
exoneration reproducible centerline tie sheets shall be
submitted to the City Engineer's office.
110. Prior to acceptance of public improvements and bond
exoneration sufficient surety in a form and in an amount
acceptable to the City guaranteeing the public improvements
shall be provided, and shall remain in place for one year
following acceptance by the City.
111. Prior to acceptance of public improvements and bond
exoneration 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,
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lines and appurtenances and any other utility facility
available for this project.
C. For compliance with the following conditions please contact
the Ventura County Fire Department:
112. 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.
113. All access roads /driveways shall have a minimum vertical
clearance of 13 feet 6 inches (13'6 ").
114. 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.
115. Public and private roads shall be named if serving more
than four (4) parcels.
116. Prior to recordation of street names, proposed names shall
be submitted to the Fire District's Communications Center
for review.
117. 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.
118. 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.
119. Prior to or concurrently with the submittal of plans for
building permits a plan shall be submitted to the Fire
District for review and approval indicating the method in
which buildings are to be identified by address numbers.
120. 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.
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121. Prior to combustible construction fire hydrants shall be
installed and in service and shall conform to the minimum
standards of the City of Moorpark Water Works Manual.
122. 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.
123. 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.
124. A copy of all recorded maps shall be provided to the Fire
District within seven (7) days of recordation of said map.
D. For compliance with the following conditions please contact
the Ventura County Waterworks District No. 1:
125. 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.
E. For compliance with the following conditions please contact
the Ventura County Flood Control District:
126. No direct storm drain connections to Ventura County Flood
Control District facilities shall be allowed without
appropriate Best Management Practices (BMP's) for
compliance with Ventura Countywide Stormwater Program.
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127. 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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EXHIBIT D
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 2003 -01
SPECIAL CONDITIONS
1. Prior to the issuance of a building permit for each
residence adjacent to Walnut Canyon Road, additional
articulation shall be applied to the elevations of homes to
the satisfaction of the Community Development Director.
2. Prior to the issuance of building permits for Lots 1
through 6, the slope behind the rear yards of the lots
shall be stabilized by either the construction of a
retaining wall or by the application of soil nailing, at
the discretion of the Community Development Director and
the City Engineer. Any application so approved must
provide at least the minimum rear yard setbacks for the
homes on those lots.
3. Prior to the occupancy of the first residence, screening
landscape materials shall be planted in Lot C
(biofiltration area) to help soften views of the slope
behind lots 1 through 6 when viewed from Walnut Canyon
Road.
4. 4. Prior to the occupancy of the first residence, lots A
and B shall be planted with a combination of trees, vines,
shrubs, and ground cover to provide landscaping along the
front of the tract wall.
5. Prior to the occupancy of the first residence, continued
maintenance of lots A, B, and C shall be ensured by the
inclusion of these lots in a landscape maintenance
district.
6. Prior to the occupancy of the first residence adjacent to
Walnut Canyon Road, a sound wall shall be constructed along
the eastern property lines of the lots if determined
necessary by a noise study in order for exterior noises to
be at or below 65 CNEL. The wall shall be constructed out
of decorative materials to the satisfaction of the
Community Development Director. In order to screen the
wall, a five (5) foot wide planter shall be provided
between the wall and Walnut Canyon Road. This planter
shall be planted with trees, shrubs, and vines to screen
the wall.
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7. 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 lath and stucco, typical for single family residential
developments shall be installed.
8. 8. All second story windows along Walnut Canyon Road
shall be Milgard type 5120 double - glazed window assemblies,
or an equivalent with a minimum STC 33 rating.
9. All rear and side entry doors of the homes on Lots 8
through 17 shall be gasketed (jamb, head, and sill) with
interlocking or tube type compression weather stripping, or
an effective equivalent.
10. All exterior vents on the homes on Lots 8 through 17 shall
be directed away from Walnut Canyon Road in order to reduce
noise transmissions into the house through vents and ducts.
11. Prior to the occupancy of the first residence, the removal
of five native walnut trees shall be mitigated by the
replanting on -site of walnut trees in a ratio of 10:1.
12. Prior to the occupancy of the first residence, the
applicant shall replace trees on the site in an amount
equal to the appraised value of the removed trees, as
identified in the Tree Report dated December 2002. Should
there not be sufficient space to replace the required
trees, or should appropriate trees not be available, the
applicant shall pay to the City of Moorpark an amount equal
to the difference between the appraised amount and the
value of the trees planted on site.
13. Prior to the occupancy of the first residence, the
applicant shall prepare for review and approval by the
Community Development Director a "New Home Maintenance
Manual." This Manual shall detail the various systems of
the home and the required maintenance that must be
performed, along with schedules, home warrantee
information, and information on pest control. The manuals
shall be provided to each new homeowner as part of the
acquisition.
14. Prior to the occupancy of each residence, full lot
landscaping, consisting of turf, shrubs and trees on
automatic irrigation shall be installed. Front yard
landscaping shall consist of turf and a street tree, while
the rear yard may consist of turf only, except along the
retaining wall behind lots 1 through 6, where a combination
of at least two (2) 15- gallon trees and three (3) five-
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gallon shrubs per lot shall be planted along the base of
the wall to soften the view of the wall. Tree and shrub
species shall be selected by the applicant and approved by
the City Landscape Consultant and the Community Development
Director prior to planting. A landscape plan shall be
submitted to the City for review and approval prior to
installation.
15. Prior to the occupancy of the first residence, the
applicant shall landscape and irrigate the parkway to the
satisfaction of the Community Development Director.
16. 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. 5405,
subject to Community Development Director approval.
17. All garage doors shall be rollup. A minimum 18 -foot long
driveway shall be provided in front of each door.
18. Minimum front yard setbacks on lots 1 through 3 shall be
ten (10) feet. An entry porch may encroach by five (5)
feet into this setback on lots 1 through 3. Minimum front
yard setbacks for lots 4 through 17 shall be 18 feet.
19. Each residence shall maintain a minimum rear yard setback
of fifteen (15) feet and a minimum side yard setback of
five (5) feet.
20. Accessory structures and patio covers shall maintain a
minimum five (5) foot side yard and rear yard setback.
STANDARD CONDITIONS
A. For compliance with the following conditions please contact
the Community Development Department:
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. All conditions of Tentative Tract Map 5405 shall apply to
this residential planned development permit.
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3. 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.
4. Prior to occupancy of each dwelling unit the applicant
shall install front yard landscaping as approved on the
landscape plans.
5. 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 these approved
conditions and Zoning Code requirements.
6. 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.
7. 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.
8. 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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9. 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.
10. Hot water solar panel stub -outs shall be provided.
11. 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.
12. 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.
B. For compliance with the following conditions please contact
the Engineering Division:
13. The City Engineering conditions of approval for Tentative
Tract Map No. 5405 apply to Residential Planned Development
Permit No. 2003 -01.
C. For compliance with the following conditions please contact
the Ventura County Fire Department:
14. All conditions of Tentative Tract Map 5405 shall apply.
D. For compliance with the following conditions please contact
the Ventura County Waterworks District No. 1:
15. All conditions of Tentative Tract Map 5405 shall apply.
E. For compliance with the following conditions please contact
the Police Department:
16. 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
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occur prior to initiation of the building plan check
process.
F. For compliance with the following conditions please contact
the Moorpark Unified School District:
17. 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.
CIVIVE
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