HomeMy WebLinkAboutRES 2003 451 0819RESOLUTION NO. PC- 2003 -451
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF GENERAL PLAN AMENDMENT NO. 98 -01 TO CHANGE
THE LAND USE DESIGNATION FROM SPECIFIC PLAN NO. 10 TO
ML (MEDIUM LOW DENSITY); ZONE CHANGE NO. 98 -01 TO
CHANGE THE ZONING FROM RE -5 ACRE (RURAL EXCLUSIVE FIVE
(5) ACRE MINIMUM LOT SIZE) TO RPD 1.62 (RESIDENTIAL
PLANNED DEVELOPMENT 1.62 DWELLING UNITS PER ACRE) AND
OPEN SPACE (OS); VESTING TENTATIVE TRACT MAP NO. 5130
AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 98 -02
FOR THE SUBDIVISION OF APPROXIMATELY SEVENTY -TWO (72)
ACRES OF LAND INTO 110 SINGLE FAMILY RESIDENTIAL LOTS
LOCATED ALONG THE EAST SIDE OF WALNUT CANYON ROAD (SR
23), NORTH OF CASEY ROAD AND WICKS ROAD SOUTH OF THE
VENTURA COUNTY WATERWORKS PROPERTY; AND RESCINDING
RESOLUTION NO. PC- 2001 -408, RESOLUTION NO. PC- 2001 -409
AND RESOLUTION NO. PC- 2001 -410, ON THE APPLICATION OF
SUNCAL COMPANIES, FOR MOORPARK 150, LLC (ASSESSOR
PARCEL NOS. 512 -0- 010 -010, -025, -055, -065, 512 -0-
020 -020, -030, 512 -0- 030 -010, -025, 512 -0- 040 -035, -
045, -70, -130, -145, -240, 512 -0- 050 -140, -350, AND
512 -0- 160 -155)
WHEREAS, at a duly noticed public hearing on August 19,
2003, the Planning Commission considered General Plan Amendment
No. 98 -01 for a change in the Land Use Designation of the Land
Use Element of the General Plan from Specific Plan No. 10 to ML-
Medium Low Density (Maximum 2 du /acre); Zone Change No. 98 -01
for a change in the Zoning from RE -5 (Rural Exclusive five (5)
acre minimum lot size) to RPD -1.62 (Residential Planned
Development 1.62 dwelling units per acre) and OS (Open Space);
Vesting Tentative Tract Map No. 5130 for the subdivision of
approximately seventy -two (72) acres of land into one hundred
ten (110) single family residential lots and fifteen (15) lots
for open space, private street, parkways, paseos and future
right -of -way purposes; and Residential Planned Development
Permit No. 98 -02 for 110 single family units; located along the
east side of Walnut Canyon Road (SR 23) , north of Casey Road and
Wicks Road and south of Ventura Waterworks District No. 1
property; on the application of SunCal Companies for Moorpark
150, LLC (Assessor Parcel Nos. 512 -0- 010 -010, -025, -055), -065,
512 -0- 020 -020, -030, 512 -0- 030 -0101, -025, 512 -0- 040 -035, -045, -
70, -130, -145, -240, 512 -0- 050 -1401, -350, AND 512 -0- 160 -155);
and
S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 451 suncal GPA 98 -01, ZC 98 -01; TTM 5130;
RPD 98- 02.doc
Resolution No. PC- 2003 -451
Page 2
WHEREAS, at its meeting of August 19, 2003, the Planning
Commission considered the agenda report and any supplements
thereto and written public comments; opened the public hearing,
took and considered public testimony both for and against the
proposal, closed the public hearing, 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 project referenced above.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: An initial Study
and a Mitigated Negative Declaration have been prepared for the
project in compliance with the California Environmental Quality
Act (CEQA), and City Policy. Based upon the Initial Study and
Mitigated Negative Declaration, including any comments received,
the Planning Commission recommends adoption of the Mitigated
Negative Declaration by the City Council.
SECTION 2. 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:
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 provide for the orderly
development of land identified in the City's General Plan
and Zoning Ordinance as appropriate for residential
development.
B. The proposed project is compatible with the character of
surrounding development, in that 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 east, south, and west, and access to or utility of
those adjacent uses are not hindered by this project.
Resolution No. PC- 2003 -451
Page 3
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 by the proposed
North Hills Parkway and will neither affect, nor be
adversely affected by, this development, as conditioned.
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 3. 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
Vesting Tentative Parcel Map, with imposition of the attached
Special and Standard Conditions of Approval, meets the
requirements 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. 1998 -01 and Zone Change No.
1998 -01 to allow for a density up to 1.53 units per acre.
B. 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. 1998 -01 and Zone
Change No. 1998 -01 to allow for a density up to 1.53 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
Resolution No. PC- 2003 -451
Page 4
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.
SECTION 4. PLANNING COMMISSION RECOMMENDATION:
A. The Planning Commission recommends to the City Council
approval of General Plan Amendment No. 98 -01 for a change
in the Land Use Designation of the Land Use Element of the
General Plan from Specific Plan No. 10 to ML- Medium Low
Density (Maximum 2 du /acre).
B. The Planning Commission recommends to the City Council
approval of Zone Change No. 98 -01 for a change in the
Zoning from RE -5 (Rural Exclusive five (5) acre minimum lot
size) to RPD -1.62 (Residential Planned Development 1.62
dwelling units per acre) and OS (Open Space).
C. The Planning Commission recommends to the City Council
approval of Residential Planned Development Permit No. 98-
Resolution No. PC- 2003 -451
Page 5
02 for the construction of 110 single family units subject
to the special and standard Conditions of Approval included
in Exhibit A (Special and Standard Conditions of Approval),
attached hereto and incorporated herein by reference.
D. The Planning Commission recommends to the City Council
approval of Vesting Tentative Tract Map No. 5130 for the
subdivision of approximately seventy -two (72) acres of land
into one hundred ten (110) single family residential lots
fifteen (15) lots for open space, private street, parkways,
paseos and future right -of -way purposes, subject to the
special and standard Conditions of Approval included in
Exhibit A (Special and Standard Conditions of Approval),
attached hereto and incorporated herein by reference.
SECTION 5. RESCISSION OF RESOLUTIONS: The Planning
Commission hereby rescinds Resolution No. PC- 2001 -408,
Resolution No. PC- 2001 -409 and Resolution No. PC -2001 -410 in
their entirety.
SECTION 6. 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, Peskay and Pozza,
Vice Chair DiCecco and Chair Landis
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 19th day of August, 2003.
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Resolution No. PC- 2003 -451
Page 6
Exhibit A: General Plan Amendment Map
Exhibit B: Zone Change Map
Exhibit C: Special and Standard Conditions
Vesting Tentative Tract Map No.
Exhibit D: Special and Standard Conditions
Residential Planned Development
of Approval for
5130
of Approval for
Permit No. 98 -01
Resolution No. PC -2003 -451
Page 7
EXHIBIT A
!l
GENERAL PLAN AMENDMENT MAP
Resolution No. PC- 2003 -451
Page 8
EXHIBIT B
ZONE CHANGE MAP
Resolution No. PC- 2003 -451
Page 9
EXHIBIT C
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR VESTING TENTATIVE TRACT MAP 5130
SPECIAL CONDITIONS
1. Prior to the issuance of a grading permit, the Applicant
shall deposit with the City the sum of $25,000 to be held
in trust for open space acquisition and maintenance as an
offset to impacts related to rare plant communities. This
trust fund deposit shall be used at the discretion of the
City for purposes consistent with the intent of the
biological resources mitigation measures in the Final
Mitigated Negative Declaration.
2. Venturan Coastal Sage Scrub Community Research
Contribution: Prior to approval of the Final Map, the
Applicant shall pay to the City a contribution as specified
in the Development Agreement and participate in the
Venturan Coastal Sage Scrub Community Research Program
initiated as a Mitigation Measure for the Moorpark Country
Club Estates Project.
3. Prior to the issuance of a zoning clearance for occupancy
of the first dwelling unit the Applicant shall construct a
thirty- six -foot (361) wide primary onsite access road as a
connection to Walnut Canyon Road for use on a temporary
basis until a thirty- six -foot (361) wide connection to
North Hills Parkway is provided. The access shall meet
Caltrans standards for an intersection and any permit
requirements of Caltrans. Copies of the permits shall be
supplied to the Community Development Director as part of
the zoning clearance.
4. Prior to the issuance of a zoning clearance for occupancy
of the first dwelling unit the Applicant shall provide a
paved onsite emergency access from Wicks Road a minimum of
thirty -two feet wide (32') with no parking on both sides of
the road.
5. Prior to the issuance of a zoning clearance for occupancy
of the first dwelling unit the Applicant shall improve
Wicks Road to provide a minimum of twenty -foot (20') wide
pavement, with no parking on both sides of the road. A
five -foot (5') wide concrete sidewalk shall be constructed
on the south side of Wicks Road between the emergency
access road and Walnut Canyon Road. Crosswalk facilities
will be constructed at the intersection of Wicks Road and
Resolution No. PC- 2003 -451
Page 10
the access road for pedestrian access to the sidewalk on
the south side of Wicks Road.
6. Prior to issuance of the first certificate of occupancy,
construction of improvements to Walnut Canyon Road, Wicks
Road, and the access road to North Hills Parkway shall be
completed to the satisfaction of the City Engineer.
Improvement of one -half (1/2) of North Hills Parkway,
including two (2) lanes of travel, escape /bicycle lanes,
curb, gutter, sidewalk drainage, median and parkway
landscaping, along the full property frontage shall also be
required or bonded for as determined by the City Council.
These improvements shall also be extended to connect this
property to the extension of Spring Road.
7. The intersection of "A" Street and Walnut Canyon Road shall
include a bus turnout area with a bus shelter.
8. Prior to the recordation of a Final Map the Applicant shall
pay the full equivalent cost, including design,
construction, and inspection for the future traffic
signalization at the intersection of the northerly entry
access road with the North Hills Parkway. In addition, the
Applicant shall pay for twenty -five percent (250) of the
full equivalent cost, including design, construction and
inspection of the future traffic signal at the intersection
of North Hills Parkway and Spring Road.
9. Prior to the recordation of the Final Map the Applicant
shall dedicate vehicular access rights to the City of
Moorpark, along the entire project boundary along Walnut
Canyon Road and Wicks Road. The access drive to Wicks Road
shall be gated and used for emergency access only and shall
meet Fire Department requirements. Separate pedestrian
access shall be provided to Wicks Road at this gated
emergency access location.
10. Prior to the recordation of a Final Map the Applicant shall
provide an irrevocable offer of dedication for a two -
hundred -foot (2001) wide future right -of -way along the
entire northerly boundary for North Hills Parkway. Prior to
the issuance of a zoning clearance for the first dwelling
unit, and to the satisfaction of the City Engineer, the
Applicant shall grade and construct the full width of the
roadway to the ultimate grade anticipated per the latest
City approved roadway alignment, from the westerly terminus
of the property to Spring Road. In addition, roadway
improvements will include a minimum of two (2) twelve -foot
Resolution No. PC- 2003 -451
Page 11
(12') travel lanes and two (2) eight -foot (8') paved
shoulders.
11. Prior to the issuance of a zoning clearance for the
seventy -fifth (75th) dwelling unit the Applicant shall
provide an improved second primary entrance to the tract to
the North Hills Parkway. The Applicant shall procure any
easements necessary to complete the construction and for
maintenance purposes. Sound walls shall be constructed at
locations along the portions of the tract that are
adversely affected by the future traffic on the North Hills
Parkway as indicated in the noise attenuation study and to
the satisfaction of the Community Development Director. The
North Hills Parkway access shall be a primary access to the
site. Once the North Hills Parkway access is in place, the
Walnut Canyon access will become an emergency only access,
and Wicks Road will remain an emergency only access.
Vehicular access rights along North Hills Parkway and Wicks
Road shall be dedicated to the City, except for approved
project access points included in this approval.
12. The improvements along Walnut Canyon Road associated with
the project shall include improvements along the full
extent of the frontage, as well as south of the property to
Wicks Road, including any standard offsite transitions.
Improvements include, but are not limited to dedication of
land to provide a sixty- four -foot (64') right -of -way,
horizontal and vertical realignment of Walnut Canyon Road
in accordance with City and Caltrans standards with no less
than eight -foot (81) paved shoulders, no less than twelve -
foot (121) travel lanes, no less than twelve -foot (12')
turning lanes. Five -foot (5') wide concrete pedestrian
walkways shall be installed from the southern boundary of
Tract 5405 (William Lyon affordable homes) along the west
side of Walnut Canyon Road. The pedestrian facilities along
the west side of Walnut Canyon Road shall be extended to
the north side of the intersection of Walnut Canyon Road
and Casey Road. Pedestrian facilities shall meet all City
and American Disabilities Act (ADA) requirements, shall be
safe and visible from vehicle and pedestrian traffic along
Walnut Canyon Road. Crosswalk facilities will be
constructed at Casey Road for pedestrian access to the east
side of Walnut Canyon Road.
13. Prior to the recordation of the Final Map the Applicant
shall participate in its proportionate share of
improvements as identified by the Interim Corridor
Resolution No. PC- 2003 -451
Page 12
Improvement Plan developed for Walnut Canyon Road. The
contribution of this project to the proposed improvements
shall be consistent with the Corridor Plan and as a
negotiated component of the project Development Agreement.
14. Prior to the issuance of a zoning clearance for the first
dwelling unit the Charles Street intersection with Walnut
Canyon Road shall be restriped to provide proper pedestrian
crossings and to maintain clearance for northbound left
turn movements.
15. Prior to the recordation of a Final Map the Applicant shall
participate in his /her pro -rata share of the costs of
intersection improvements for Los Angeles Avenue /Tierra
Rejada Road, Poindexter Road /Moorpark Avenue, Los Angeles
Avenue /Moorpark Avenue, Los Angeles Avenue /Spring Road and
Spring Road /High Street. The pro -rata share of the
improvement cost shall be based on the impact of the
project's 110 units to each of the intersections using the
traffic report dated October 30, 2000, by Associated
Transportation Engineers for Tract No. 5187, as a reference
for that determination.
16. Prior to or concurrently with the recordation of a Final
Map, if North Hills Parkway (SR 118 bypass) is not
constructed, the Applicant shall post bonds for upgrading
the Walnut Canyon Road /Casey Road intersection based upon
the 2015 projected volumes on Walnut Canyon Road.
17. Prior to approval of the Final Map the Applicant shall fund
the full cost of required improvements to the intersection
of Moorpark Avenue and High Street to ensure that project
plus cumulative traffic does not result in a reduction of
Level of Service to Level of Service D. Anticipated
improvements to this intersection include widening
approaches to provide an additional through lane, re-
striping, providing signal timing and coordination between
Casey Road and High Street, completing north and south
bound lane approaches, and related pedestrian improvements
in the vicinity of the Moorpark Avenue /High Street
intersection. Moorpark Avenue to the north of the
intersection shall be widened to four (4) lanes without
narrowing the existing sidewalk. These improvements shall
be completed under a reimbursement agreement acceptable
both to the City and to the Applicant. Terms of
reimbursement shall be defined in the Development Agreement
for the project.
Resolution No. PC- 2003 -451
Page 13
18. Prior to issuance of a Zoning Clearance for a grading
permit, a proposed habitat restoration plan shall be
developed to ensure compensation for the loss of native
habitats that will occur as a result of project
development. The habitat restoration plan shall emphasize
the selective use of purple needle grass (Stipa pulchra)
and other native grasses in the landscape plan for the
property and include (subject to approval of the fire
department), the use of native plants common to Venturian
Coastal Sage Scrub habitat (e.g., Salvia apiana, Salvia
leucophylla, Artemisia California, Rhus integrifolia,
Eriogonum fasciculatum, Encelia California) in upland areas
surrounding the project that are disturbed as a result of
project development (geologic remediation, construction of
fire access roads, etc.).
19. Prior to any grading or construction activities of any kind
the Applicant shall have a field survey conducted by a
qualified biologist to determine if active nests of bird
species protected by the Migratory Bird Treaty Act and /or
the California Fish and Game Code are present in the
construction zone or within one - hundred feet (100') (two -
hundred feet (200') for raptors) of the construction zone.
No earlier than forty -five (45) days and no later than
twenty (20) days prior to construction or grading /site
preparation activities that would occur during the
nesting /breeding season of native bird species potentially
nesting on the site, (typically February through August) a
report of this field survey shall be submitted to the
Community Development Director. If active nests are found,
a fence barrier shall be erected around the nest site at
least fifty feet (50') from the nest (this distance may be
greater depending on the bird species and construction
activity, as determined by the biologist). Clearing and
construction within the fenced area shall be postponed or
halted, at the discretion of the biological monitor, until
the nest is vacated and juveniles have fledged, as
determined by the biologist, and there is no evidence of a
second attempt at nesting. The biologist shall serve as a
construction monitor during those periods when construction
activities will occur near active nest areas to ensure that
no inadvertent impacts on these nests will occur.
20. Prior to issuance of the grading permit, the Applicant
shall complete and submit to the City for approval by the
Community Development Director, a Habitat Enhancement Plan
(HEP). The plan shall apply to all existing or created on-
Resolution No. PC- 2003 -451
Page 14
site oak woodlands, riparian areas, detention basins, and
fuel modification zones. The purpose of this plan shall be
to increase the biological carrying capacity of these
areas.
21. Prior to approval of the Final Map the Applicant shall show
on the Final Map gated private street entrances with a
seventy- five -foot (75') right -of -way with two (2) entry
lanes into the project and a turn - around area for vehicles
denied entry. The entry area and gates shall be designed to
reflect a common community architectural theme which is
carried through to the public entrance and the recreation
building.
22. Prior to approval of the Final Map and /or issuance of a
Zoning Clearance for grading permit, the proposed open
space areas shall be identified by a Conservation
Easement /Dedication and shall be secured by, at a minimum:
(1) an irrevocable conservation easement, and (2) by a deed
restriction. A separate parcel shall be created for
transfer of the dedicated Open Space to conservation
status. Although the parcel shall be deed restricted to
prevent any future development, a reservation for the
development of a minimal trail system shall be established.
The subject parcels are not required to be designated as
permanent Open Space on the City's General Plan Land Use
Map. No excavation, drilling, extraction, pumping
(excluding such pumping as may be needed for de- watering as
part of approved grading operations), mining, or similar
activity shall be allowed in any portion of the property
zoned Open Space. The limitations and exclusions described
in this condition shall be included in the conservation
easement. The conservation easement shall be shown on, and
irrevocably offered for dedication on, the first Final Map
for the subdivision and shall be in a form acceptable to
the City and consistent with Civil Code Section 815 et seq.
23. Prior to the commencement of any grading or construction
the Applicant shall ensure that the disturbed (ruderal)
vegetation zones within the conservation easement/
dedication area are cleared of debris and, to the degree
feasible, restored to a state similar to dominant
surrounding native habitats.
24. The Applicant shall use native plants in the restoration of
areas disturbed by the construction of the project. The
City shall monitor the use of native plants through review
and approval of all project landscape plans.
Resolution No. PC- 2003 -451
Page 15
25. The permanent removal of approximately forty (40) trees
shall be replaced by the Applicant at a 10:1 mitigation
ratio by planting four - hundred (400) California walnut
trees in the private open space area. This tree may also
be used as one of several screening trees around the
southern perimeter of the development. Pepper trees
(Schinus molle) shall not be used in the tree planting
program. The trees should be planted dominantly within the
upland areas above the detention basin, in private open
space. Field research shall be conducted by a qualified
landscape architect to determine whether soils, drainage,
and compaction of the soil are suitable for survival of the
species in all areas where restoration is planned. To
ensure maximum survival rates, these replacement trees
shall be limited to one gallon specimens. If possible,
replacement plantings shall be derived from locally
harvested native walnuts in the upper reaches of Walnut
Canyon. Otherwise, if nursery stock is used for
restoration, no grafted stock shall be permitted. A
minimum of one - hundred -ten (110) additional trees, not less
than fifteen (15 ) gallons, six feet ( 6' ) tall when planted
with a one -inch (1 ") caliper, shall be planted in the
natural open space area, as approved by the Community
Development Director, to offset the value of the trees to
be removed. The landscape plan shall also incorporate
extensive tree landscaping including specimen size trees,
as approved by the Community Development Director. This
requirement is in addition to any trees required for graded
areas through submittal and approval of a landscape plan
and is not intended to substitute for trees required under
provisions of the Tree Ordinance.
26. Prior to approval of the Final Map or issuance of the final
precise grading plan, the Applicant shall establish an
artificial freshwater spring within the private open space
area in a location that will provide the maximum potential
for long -term use by native wildlife. This spring is
designed to replace regionally available water sources that
have been destroyed by cumulative development. The location
of these artificial springs shall be designated by a
qualified vertebrate biologist and botanist or appropriate
landscape professional. The spring shall not be placed
within four - hundred feet (4001) of any existing or proposed
trail. The artificial spring shall be maintained to
provide year round low flows in volumes similar to existing
springs in the Walnut Canyon area. The spring shall be
Resolution No. PC- 2003 -451
Page 16
vegetated with native riparian plants, and shall include at
least two (2) Alders (Alnus rhombifolia), five (5)
Sycamores (Platanus racemosa), two (2) Cottonwood (Populus
fremontii), three (3) Arroyo Willow (Salix lasiolepis),
four (4) Elderberry (Sambucus mexicana), and five (5) Live
Oak (Quercus agrifolia). Trees shall not exceed five (5)
gallon container size (except for Willow) or be bare root
at the time of planting. A long term supply of water shall
be provided to assure the perpetuity of the plants.
Adequate root guard protection shall be provided to reduce
mortality from rodent activity. The project Homeowners
Association shall be responsible for the long term
maintenance of the artificial spring as a component of the
private open space program.
27. Prior to the issuance of any grading permit, or clear and
grub activities not covered by the City's grading
ordinance, the Applicant shall obtain a Clean Water Act
Section 401 certification, and Section 404 permit, as
required by the Regional Water Quality Control Board and
the Army Corps of Engineers. Additionally, a Section 1603
Streambed Alteration Agreement shall be entered into with
the California Department of Fish and Game. The Applicant .
shall adhere to all conditions of these approvals.
28. Prior to the issuance of a zoning clearance for the
seventy -fifth (75th) dwelling unit the Applicant shall
provide a trail system linking with surrounding
subdivisions and the regional trail system. The Applicant
is not required to provide any trails or linkages off -site.
Signs shall be used only to designate the trails, provide
brief safety and /or educational information and prohibit
motorized vehicle use.
29. A minimally invasive trail system shall be devised for the
open space area which, to the extent feasible, avoids or
minimizes impacts to stands of native vegetation. The
design of the trail system shall preserve, to the extent
feasible, areas of Venturan Coastal Sage Scrub to enhance
the potential value for wildlife. All motorized vehicles
shall be physically prohibited from entering the private
open space conservation area. Prior to the approval of the
Final Map, the site plan shall be revised to include the
dedicated trail alignment across the open space. The trail
system shall be constructed as a minor multi -use trail and
access to the area shall otherwise be restricted. The
Resolution No. PC- 2003 -451
Page 17
trail system shall be completed prior to occupancy of the
seventy -fifth (75 th) dwelling unit.
30. Off- road - vehicle use on property within the project
boundaries shall be prohibited (except upon approved
private streets and maintenance roads) . The CC &R's for
this project shall specify fines for unauthorized use of
off -road vehicles.
31. Prior to the issuance of a zoning clearance for the first
dwelling unit the Applicant shall install perimeter fencing
in areas where future residents could obtain access to
surrounding private lands. The design and location of the
fencing shall be to the satisfaction and approval of the
Community Development Director.
32. Prior to the issuance of building permits, and coincident
with grading activities, the proposed project boundary
shall be fenced to minimize intrusions by non - residents.
33. Prior to the initiation of grading the Applicant shall
provide proof to the Community Development Director that an
archeological monitor has been employed by the Applicant
during each phase of grading to monitor initial grading for
items of archeological significance. The monitor shall
have the authority to stop grading activity in a given area
to allow sufficient time for the collection and evaluation
of artifacts.
34. Appropriate design of both grading and structures shall be
implemented to reduce risks associated with seismic shaking
to the standards established by the most recently adopted
Uniform Building Code and to the satisfaction of the City
Engineer and City Building Official. Additional studies
shall be performed by the Applicant as required to enable
the determination of appropriate standards of grading and
construction.
35. Prior to the issuance of a grading permit the Applicant
shall show all existing landslides on the grading plans.
The grading plans shall reflect the removal and re-
compacted of the landslides to the satisfaction of the City
Engineer.
36. Prior to the issuance of a grading permit the Applicant
shall provide proof to the City Engineer that all known
faults and fault traces have been mapped. An engineering
geologist shall be retained on site by the Applicant to
evaluate any previously unknown fault traces for recent
activity (within the past 11,000 years). Any faults or
Resolution No. PC- 2003 -451
Page 18
traces shall be mapped according to currently accepted
industry practice. No structures shall be allowed within
fifty feet (50') of an active fault or trace. Structures
placed near inactive faults or traces shall be designed to
meet the structural standards of the Uniform Building Code
which address the demands of ground shaking and the
associated secondary ground movement along the inactive
fault or trace.
37. Prior to the issuance of a grading permit the Applicant
shall show on the grading plans appropriate design of both
grading and structures to reduce risks associated with
landslides, expansive soils, liquefaction and subsidence to
the standards established by the most recently adopted
Uniform Building Code and to the satisfaction of the City
Engineer and City Building Official. Additional studies
shall be performed by the Applicant as required to enable
the determination of appropriate standards of grading and
construction.
38. Prior to the issuance of a grading permit the Applicant
shall show on the grading plans all drainage facilities
that are proposed to be constructed to accommodate the
runoff volumes required to avoid off -site impacts, to the
satisfaction of the City Engineer. These volumes shall
include the anticipated additional runoff from the grading
required for the extension of North Hills Parkway to the
future Spring Road extension. The Applicant shall ensure
that all drainage facilities, detention facilities, and
NPDES facilities employ appropriate Best Management
Practices (BMP's), to the satisfaction of the City
Engineer.
39. The Applicant shall show as part of the grading plan an on-
site parking area designated for all construction
employees, as well as for the staging of construction
equipment. This area shall be away from existing
residential structures, the location and design shall be to
the satisfaction of the Community Development Director.
40. Prior to the beginning of each grading phase the Applicant
shall develop construction and grading activity schedules
and submit the proposed schedule to the City Engineer and
the Community Development Director for review and approval.
The schedule shall include a verbatim quote of the City's
regulations with regard to construction times, as set forth
in the City's Noise Ordinance. All construction and
grading activities shall adhere to the City's Noise
Resolution No. PC- 2003 -451
Page 19
Ordinance requirements. Once the schedule has been
approved by the City Engineer and the Community Development
Director, the Applicant shall deliver one copy to each
residence at least five working days prior to the start of
grading or construction.
41. At such time as Spring Road is extended to connect to North
Hills Parkway, the primary access to Walnut Canyon Road
shall be closed and shall be utilized as an emergency
access point only. The primary access point shall be North
Hills Parkway leading to the Spring Road extension.
42. The Applicant shall implement traffic calming measures, to
include the installation of necessary devices, on Walnut
Canyon Road to the satisfaction of the City Engineer.
These measures and /or devices shall be designed to increase
the safety of ingress to and egress from the project site
at the temporary project access point on Walnut Canyon
Road, and at the intersection of Wicks Road and Walnut
Canyon Road, the project's secondary access point.
43. The Applicant shall construct a six -foot (6') high
decorative block wall along the northern boundary of the
project, separating the Ventura County Waterworks District
facilities from the North Hills Parkway right of way.
Design of the block wall shall be approved by the Community
Development Director and the Ventura County Waterworks
District.
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
Ordinances and adopted City policies at the time of
tentative map approval supersede all conflicting notations,
specifications, dimensions, typical sections and the like
which may be shown on said map.
2. Recordation of this subdivision shall be deemed to be
acceptance by the Applicant 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.
Resolution No. PC- 2003 -451
Page 20
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 thirty (30) days prior to the
expiration date of this approval.
4. The Applicant 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 Applicant 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
Applicant 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 Applicant shall not be required to pay or perform
any settlement of such claim, action or proceeding
unless the settlement is approved by the Applicant.
The Applicant'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. All mitigation measures are
requirements of the Tentative Tract Map and Residential
Planned Development Permit, as applicable.
Resolution No. PC- 2003 -451
Page 21
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. Where conflict or duplication between the MMRP and the
conditions of approval occurs and applicability for
compliance is questioned by the Applicant, 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 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.
9. Prior to approval of the Final Map, the Applicant 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.
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. The Landscape Plan shall conform to the latest City
of Moorpark Landscape Guidelines and Standards.
12. Prior to the issuance of a zoning clearance for grading
the Applicant shall submit to the Community Development
Director for review and approval a fencing, perimeter,
gate, and privacy barrier wall plan, complete with related
Resolution No. PC- 2003 -451
Page 22
landscaping details, identifying the materials to be used
and proposed wall heights and. 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 Applicant 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.
13. The Applicant 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.
14. 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.
15. 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 five - thousand dollars ($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.
Resolution No. PC- 2003 -451
Page 23
16. Prior to Final Map approval, the City Council shall
determine which areas shall be maintained by a maintenance
assessment district.
17. 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 of one- thousand-
one- hundred -fifty dollars ($1,250.00) plus a check for
twenty -five dollar ($25.00) filing fee, both 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.
18. 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
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.
19. 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.
20. Prior to approval of Zoning Clearance for residential unit
building permit, the Applicant shall pay fees in accordance
with Section 8297 -4 of the City's Subdivision Ordinance
(Parks and Recreation Facilities).
Resolution No. PC- 2003 -451
Page 24
B. For compliance with the following conditions please contact
the City Engineer:
General Conditions:
21. Prior to the recordation of the Final Map 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.
22. Prior to the issuance of a grading permit or prior to the
approval of a Final Map 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. The Applicant shall provide all easements and rights -of -way
granted to the City free and clear of all liens and
encumbrances.
Resolution No. PC- 2003 -451
Page 25
28. 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
Agencies. Copies of these approved permits shall be
provided to the City Engineer.
29. Prior to the
submit to the
City Engineer
clearly states
within the 1
easements that
approval of Final Map the Applicant shall
Community Development Department and the
for review a current title report, which
all interested parties and lenders included
imits of the subdivision as well as any
affect the subdivision.
30. 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.
31. The Final Map shall be prepared by a California Registered
Engineer meeting all of the provisions of the Subdivision
Map Act.
32. 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.
33. On the Final Map, the Applicant shall offer to dedicate to
the City of Moorpark all rights -of -way for public streets.
34. 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.
35. 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
Resolution No. PC- 2003 -451
Page 26
patterns onto adjacent properties shall not be allowed
without mitigation.
36. ROC, NOx and dust during construction grading shall meet
the suppression requirement of the Ventura County Air
Pollution Control District and the City of Moorpark.
37. 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
38. To minimize the water quality effects of permanent erosion
sources, appropriate 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.
39. 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
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.
Resolution No. PC- 2003 -451
Page 27
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 six -
hundred feet (600') 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.
40. 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
sufficient surety guaranteeing the construction of all
improvements.
41. The final grading plan shall meet all Uniform Building Code
(UBC) and City of Moorpark standards including slope
setback requirements at lot lines, streets and adjacent to
offsite lots.
42. 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 thirty (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.
Resolution No. PC- 2003 -451
Page 28
43. This project is projected to import soils onsite.
Import /export operations requiring an excess of one - hundred
(100) total truckloads or one - thousand (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.
44. All requests for staged grading shall be submitted in
writing to the City Engineer for review and approval by the
City Council.
45. 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.
46. 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.
47. 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.
48. So as to reduce debris from entering sidewalk and streets,
the approved grading plan shall show a slough wall,
approximately eighteen inches (18 ") high, with curb outlet
drainage to be constructed behind the back of the sidewalk
where slopes exceeding four feet (41) 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.
Resolution No. PC- 2003 -451
Page 29
49. 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.
50. 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.
51. 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.
52. 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.
53. The Applicant shall utilize all prudent and reasonable
measures (including installation of a six -foot (61) 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.
54. Backfill of any pipe or conduit shall be in four -inch (4 ")
fully compacted layers unless otherwise specified by the
City Engineer.
55. Soil testing for trench compaction shall be performed on
all trenching and shall be done not less than once every
two feet (2') of lift and one - hundred (100) lineal feet of
trench excavated. Test locations shall be noted using
street stationing with offsets from street centerlines.
56. All vehicles in the construction area shall observe a
fifteen -mile per hour (15 mph) speed limit for the
construction area at all times.
57. During site preparation and construction, the Applicant
shall construct temporary storm water diversion structures
per City of Moorpark standards.
Resolution No. PC- 2003 -451
Page 30
58. The entire site shall be graded at the same time. Pads
shall be graded, planted and landscaped to the satisfaction
of the City Engineer.
59. Prior to submittal of grading plans the Applicant shall
have a geotechnical report prepared to the satisfaction of
the City Engineer.
60. 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.
61. 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.
62. 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.
63. Monuments shall meet the City of Moorpark, County of
Ventura Standards and shall be to the satisfaction of the
City Engineer.
64. 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 one- thousand - four - hundred - forty-
four dollars ($1,444.00) per residential unit to fund TSM
programs or clean -fuel vehicles programs as determined by
the City. Commencing on January 1, 2005, and annually
thereafter the Air Quality Fee shall be adjusted by any
increase in the Consumer Price Index (CPI) until ail 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.
65. As a condition of the issuance of a building permit for
each residential unit, Developer shall pay City a traffic
Resolution No. PC- 2003 -451
Page 31
mitigation fee as described herein ( "Citywide Traffic
Fee "). The Citywide Traffic Fee may be expended by the City
in its sole and unfettered discretion. On the effective
date of approval of this map, the amount of the Citywide
Traffic Fee shall be four- thousand - three - hundred - eighty-
nine dollars ($4,389) per dwelling 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.
66. 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.
67. Prior to or concurrently with the Final Map and prior to
any construction on State Highways 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 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.
68. 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
Resolution No. PC- 2003 -451
Page 32
including all applicable ADA requirements. Street
improvements shall be acceptable to the City Engineer and
Community Development Director.
69. All streets shall conform to the design requirements of the
Ventura County Road Standards (most recent revision),
unless noted otherwise in the Conditions.
70. 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.
71. Driveways shall be designed in accordance with the latest
American Public Works Association (APWA) Standards.
72. 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 three and one -half feet
(3.51) clear sidewalk width must be provided around the
obstruction.
73. 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 feet (61) high are to be
submitted to and approved by the Community Development
Director and the City Engineer.
74. Any right -of -way acquisition necessary to complete the
required improvements shall be acquired by the Applicant at
the Applicant's expense.
75. 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.
76. 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.
Resolution No. PC- 2003 -451
Page 33
77. 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.
78. The plans shall depict all on -site and off -site drainage
structures required by the City.
79. 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.
80. Hydrology shall be per the current Ventura County Flood
Control Standards except as follows:
a. All storm drains shall carry a ten -year (10 yr)
frequency storm.
b. All catch basins shall carry a ten -year (10 yr)
frequency 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 one - hundred -year (100 yr)
frequency storm.
81. 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.
82. Under a ten -year (10 yr) 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.
83. "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.
Resolution No. PC- 2003 -451
Page 34
84. Drainage grates shall not be used at any location
accessible by pedestrian, bicycle or equestrian traffic.
85. The grading plan shall also show contours indicating the
fifty- and one - hundred -year (50 & 100 yr) flood levels.
86. 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.
87. 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.
88. 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.
89. 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.
90. 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 Applicant shall make any downstream
improvements, required by the City, to support the proposed
development.
91. 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.
Resolution No. PC- 2003 -451
Page 35
92. 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 one - hundred -year (100 yr)
frequency storm;
b. Feasible access during a fifty -year (50yr) frequency
storm.
C. Hydrology calculations shall be per current Ventura
County Flood Control Standards.
d. All structures proposed within the one - hundred -year
(100 yr) flood zone shall be elevated at least one
foot above the one - hundred -year (100 yr) flood level.
93. 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.
94. 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 eight feet (81). In addition all
facilities shall have all - weather vehicular access. This
design shall be to the satisfaction of the City Engineer.
95. 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.
96. The Applicant 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).
Resolution No. PC- 2003 -451
Page 36
97. 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.
98. 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).
99. 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.
100. The Applicant shall also comply with NPDES objectives as
outlined in the "Storm Water Pollution Control Guidelines
for Construction Sites."
101. Prior to Final Map approval, the Applicant 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
plans for the project. Provisions shall be made by the
Developer to provide for maintenance in perpetuity.
102. 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
Resolution No. PC- 2003 -451
Page 37
lubricants. The onsite maintenance of all equipment that
can be performed offsite will not be allowed.
103. 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 forty
percent (400) 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 eight (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.
104. 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 sixty (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.
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
Resolution No. PC- 2003 -451
Page 38
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.
105. 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.
106. Prior to acceptance of public improvements and bond
exoneration reproducible centerline tie sheets shall be
submitted to the City Engineer's office.
107. 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.
108. Prior to acceptance of public improvements and bond
exoneration original "as built" plans shall be certified by
the Applicant'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" mylar sheets (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.
Resolution No. PC- 2003 -451
Page 39
C. For compliance with the following conditions please contact
the Ventura County Fire Department:
109. Prior to combustible construction, an all weather access
road /driveway suitable for use by a twenty -ton (20 -ton)
Ventura County Fire Protection District (Fire District)
vehicle shall be installed.
110. All access roads /driveways shall have a minimum vertical
clearance of thirteen feet six inches (13'6 ").
111. Approved turnaround areas for fire apparatus shall be
provided when dead -end Fire District access roads /driveways
exceed one - hundred -fifty feet (150'). Turnaround areas
shall not exceed a two and one -half percent (2.50) cross
slope in any direction and shall be located within one -
hundred -fifty feet (150') of the end of the access
road /driveway.
112. Public and private roads shall be named if serving more
than four ( 4 ) parcels.
113. Prior to recordation of street names, proposed names shall
be submitted to the Fire District's Communications Center
for review.
114. 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.
115. Address numbers, a minimum of four inches (4 ") 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 one -
hundred -fifty feet (150') 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.
116. 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.
117. Prior to construction, the Applicant shall submit plans to
the Fire District for placement of fire hydrants. On
plans, show existing hydrants within five - hundred feet
(500') of the development. Indicate the type of hydrant,
number and size of outlets.
Resolution No. PC- 2003 -451
Page 40
118. 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.
119. 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.
120. 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
one - thousand (1,000) gallons per minute at twenty (20) psi.
121. 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:
122. 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:
123. No direct storm drain connections to Ventura County Flood
Control District facilities shall be allowed without
Resolution No. PC- 2003 -451
Page 41
appropriate Best Management Practices (BMP's) for
compliance with Ventura Countywide Stormwater Program.
124. 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.
Resolution No. PC- 2003 -451
Page 42
EXHIBIT D
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 1998 -02
SPECIAL CONDITIONS
1. Prior to issuance of Zoning Clearance for the first
residential unit, the Applicant shall contribute up to
thirty- thousand dollars ($30,000) for funding endangered
wildlife species breeding, predator trapping, or other
support programs in the open space easement area as
required by the U.S. Fish and Wildlife Service. This
contribution shall be coordinated with the U.S. Fish and
Wildlife Service and be made to an appropriate private
conservation institution upon approval of the U.S. Fish and
Wildlife Service. Evidence of contribution approved by the
service shall be presented to the City prior to the
issuance of building permits.
2. Prior to the issuance of a Zoning Clearance for
construction, the Applicant shall contribute fifteen -
thousand dollars ($15,000) towards the City's sensitive
species research program (established as a component of the
Open Space Trust Fund related to maintenance of the Open
Space, Conservation and Recreation Element and related
programs).
3. The SunCal architectural booklet titled Vistas at Moorpark
Design Guidelines, dated July 9, 2001 (revised July 2003),
Exhibit "A" (as amended in Special Conditions herein),
shall form the basis of the evaluation of architectural
treatment to be incorporated on each residential structure
for permit issuance. At a minimum, the pen and ink drawings
that have depicted the respective architectural style and
sub -style shall be incorporated in the project as presented
in the architectural manual.
4. The following changes to the Vistas at Moorpark Design
Guidelines, dated July 9, 2001 (revised July 2003), shall
be incorporated by the Applicant and new copies of the
guidelines submitted to the Community Development Director,
prior to City Council action on the project:
Resolution No. PC- 2003 -451
Page 43
a. Adjoining residential units may not have the same
floor plan or elevation.
b. Compatibility of Changes to Plans: No expansion,
alteration or change in architectural elements that is
visible from any abutting street shall be allowed,
unless in the judgment of the Community Development
Director it is compatible with all dwellings having
frontage on the same street and located within two -
hundred feet (200') of the side property line of the
structure proposed for expansion or alteration.
C. All facilities and uses other than those specifically
requested in the application are prohibited unless an
application for a modification has been approved by
the City of Moorpark. Any minor changes to this permit
shall require the submittal of an application for a
Permit Adjustment and any major changes to this permit
shall require the submittal of a Modification.
d. A minimum of three (3) architectural styles shall be
included in the tract, and a minimum of three (3) sub -
styles (color & material scheme) shall be included in
the architectural styles.
e. No more than forty percent (400), but no less than
twenty five percent (250), of the dwellings shall be
represented by any one of the architectural styles and
no sub -style comprising more than forty percent (400)
of the maximum number of dwellings allowed for the
primary architectural style.
f. The roof design for all structures as viewed from any
street outside of the project (including Walnut Canyon
Road and North Hills Parkway) shall be varied unit by
unit which may be accomplished through the use of at
least one (1) of the following: alternative roof
designs; alternative materials and colors; a
combination roof design such as hip and gable; the use
of dormer details; or by adjusting the plotting of the
building to the satisfaction of the Community
Development Director.
g. Not more than forty percent (400) of the units on any
block face shall have the same architectural plan and
elevation. This prohibition shall not apply to areas
which are required to be single story units. It is
the intent of the Planning Commission that no
Resolution No. PC- 2003 -451
Page 44
combination of floor plan, architectural style, and
sub -style be over - represented within the development.
h. Accessory buildings over one - hundred - twenty square
feet (120 s.f.) in area or which require a building
permit may be located only in rear yard areas and must
be of an architectural style and color and constructed
of materials consistent with the main structure.
i. Garden walls and fencing to a maximum height of
thirty -six inches (36 ") may be placed in front yard
setback areas provided that they are architecturally
consistent with the main building as approved by the
Community Development Director.
j. All property line walls or fences shall be constructed
of masonry, stone or concrete products and be in earth
tone colors, except for interior view lots where
wrought iron and masonry or stone pilasters may be
used as determined and approved by the Community
Development Director.
k. All walls at the side yard return (side property line
to main building) or on a corner lot that are visible
from any street, shall be constructed of masonry,
stone or concrete products, or wrought iron and shall
be architecturally consistent with the main building
to the satisfaction of the Community Development
Director.
1. Garages shall maintain a clear unobstructed dimension
of twenty feet (20') in length and ten feet (10') in
width for each parking stall provided with a minimum
of two (2) garage - parking stalls required for each
dwelling unit.
M. 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.
n. All residential units shall be constructed employing
energy saving devices
o. At a minimum, forty percent (400) of all residential
units shall be of a single -story design with a
ridgeline height not greater than twenty one (21')
feet.
Resolution No. PC- 2003 -451
Page 45
p. All residential units around the periphery of the
project, adjacent to Walnut Canyon Road, Wicks Road
and the eastern boundary of this project shall be
single -story in design.
q. Accessory buildings may not have a height (measured at
highest point of structure) greater than twelve (12')
feet.
S. A minimum one - thousand square foot (1,000 s.f.) club house,
swimming pool, and the landscaping within the paseos and
park lots must be constructed and capable of home owner use
prior to or concurrent with the final inspection of the
first residential structure.
6. A deed restriction shall be recorded in favor of the City
to irrevocably limit residential units on lots 27 -31 to one
(1) story in height as defined by the Vistas at Moorpark
Design Guidelines, dated July 9, 2001 (revised July 2003).
Each buyer shall sign an acknowledgement statement
indicating that this deed restriction has been explained to
them. A copy of the acknowledgement shall be provide to
the Community Development Director and shall be filed with
each building permit.
7. Accessory buildings may not have a height (measured at
highest point of structure) greater than twelve (121) feet.
8. Hot water solar panel stub -outs shall be provided.
9. 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.
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.
Resolution No. PC- 2003 -451
Page 46
2. All conditions of Tentative Tract Map 5130 shall apply to
this residential planned development permit.
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 thirty (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 two - hundred feet (200') (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 fifteen feet (15') of an opening window
at ground floor level of any residential structure, and
shall not reduce the required sideyards to less than five
feet (5') 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
twenty feet (20') in length and ten feet (101) in width for
Resolution No. PC- 2003 -451
Page 47
each parking stall provided with a minimum of two garage -
parking stalls required for each dwelling unit.
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. 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:
11. The City Engineering conditions of approval for Tentative
Tract Map No. 5130 apply to Residential Planned Development
Permit No. 2003 -01.
C. For compliance with the following conditions please contact
the Ventura County Fire Department:
12. All conditions of Tentative Tract Map 5130 shall apply.
D. For compliance with the following conditions please contact
the Ventura County Waterworks District No. 1:
13. All conditions of Tentative Tract Map 5130 shall apply.
E. For compliance with the following conditions please contact
the Police Department:
14. Prior to issuance of building permits for either the
residential or recreational components of the project, the
Police Department shall review development plans for the
incorporation of defensible space concepts to reduce
demands on police services. To the degree feasible, public
safety planning recommendations shall be incorporated into
the project plans. The Applicant shall prepare of list of
project features and design components that demonstrate
responsiveness to defensible space design concepts. Review
and approval by the Police Department of all defensible
space design features incorporated into the project shall
occur prior to initiation of the building plan check
process.
Resolution No. PC- 2003 -451
Page 48
F. For compliance with the following conditions please contact
the Moorpark Unified School District:
15. 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.
-End-