HomeMy WebLinkAboutRES PC 2004 0455 0406RESOLUTION NO. PC- 2004 -455
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF GENERAL PLAN AMENDMENT NO. 2003 -02, ZONE
CHANGE NO. 2003 -02, VESTING TENTATIVE TRACT NO. 5425,
AND RESIDENTIAL PLANNED DEVELOPMENT (RPD) NO. 2003 -02
FOR THE DEVELOPMENT OF 102 HOUSING UNITS ON A 15.13
ACRE PARCEL, LOCATED AT THE TERMINUS OF FREMONT
STREET, SOUTH OF LOS ANGELES AVENUE AND EAST OF
MAJESTIC COURT, ON THE APPLICATION OF SHEA HOMES,
INC.; ASSESSOR PARCEL NOS. 506 -0- 020 -23, 506 -0- 020 -31,
506 -0- 020 -32, 506 -0- 020 -33, 506 -0- 020 -34
WHEREAS, at duly noticed public hearings on March 2, 2004,
March 16, 2004 and April 6, 2004, the Planning Commission
considered General Plan Amendment No. 2003 -02, Zone Change No.
2003 -02, Vesting Tentative Tract No. 5425, and Residential
Planned Development No. 2003 -02 on the application of Shea
Homes, Inc. for the development of 102 housing units, including
the subdivision of approximately 15.13 acres into 3 lots for
condominium purposes, located at the terminus of Fremont Street,
south of Los Angeles Avenue and east of Majestic Court.
(Assessor Parcel Nos. 506 -0- 020 -23, 506 -0- 020 -31, 506 -0- 020 -32,
506 -0- 020 -33, 506 -0- 020 -34); and
WHEREAS, at its meetings of March 2, 2004, March 16, 2004
and April 6, 2004, the Planning Commission considered the agenda
report and any supplements thereto and written public comments;
on March 2, 2004 opened the public hearing and took and
considered public testimony both for and against the proposal;
continued the item, public hearing open, to subsequent meetings,
and on April 6, 2004, reached a decision on this matter; and
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTION: 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. The Planning Commission has
reviewed and considered this Initial Study and Mitigated
Negative Declaration, including any comments received, and
recommends adoption of the Mitigated Negative Declaration by the
City Council.
S: \Community Development \DEV PMTS \R P D \2003 \ -02 Shea \Reso- Cond \PC Reso Shea 2.doc
Resolution No. PC -2004 -455
Page 2
SECTION 2. SUBDIVISION MAP ACT FINDINGS: Based on the
information set forth in the staff report(s) and accompanying
maps and studies the City Council has determined that the
Vesting Tentative Tract 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. 2003 -02 and Zone Change No.
2003 -02 to allow for a density up to 12 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. 2003 -02 and Zone
Change No. 2003 -02 to allow for a density up to 12 units
per acre.
C. The site is physically suitable for the type of development
proposed in that the site can be engineered to allow for
all required utilities to be brought to the site, adequate
ingress and egress can be obtained, and the site can be
provided with public and emergency services.
D. The site is physically suitable for the proposed density of
development, in that all City Development standards would
be met by the proposed project.
E. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage,
in that all potential impacts would be mitigated through
project design or conditions.
F. The design of the subdivision and the type of improvements
are not likely to cause serious public health problems, in
that adequate sanitation is both feasible and required as a
condition of this development.
G. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within
the proposed subdivision, in that reciprocal access
easements for improvements to Fremont Street and for the
site to the east 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
Resolution No. PC- 2004 -455
Page 3
violation of existing water quality control requirements
under Water Code Section 13000 et seq.
I. The proposed subdivision fronts upon a public waterway
(Arroyo Simi) as defined in California Government Code
Section 66478.1 et seq. Public access easements will be
provided per Conditions of Approval.
SECTION 3. 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 site design is consistent with the
provisions of the City's General Plan and Zoning Ordinance,
if amended by General Plan Amendment No. 2003 -02 and Zone
Change No. 2003 -02, 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 would not create negative impacts on
or impair the utility of properties, structures or uses in
the surrounding area, in that the use proposed is similar
to uses existing or proposed to the north, south, and west,
and access to adjacent uses is not hindered by this
project; and reciprocal access easements will be provided
to the sites to the east.
C. The proposed project is compatible with existing and
permitted uses in the surrounding area, in that the
surrounding existing and future development includes a
variety of single - family attached and detached homes.
SECTION 4. PLANNING COMMISSION RECOMMENDATION:
A. The Planning Commission recommends to the City Council
approval of General Plan Amendment No. 2003 -02, as amended
by staff, for a change in the Land Use Designation of the
Land Use Element of the General Plan from General
Commercial (C -2) and Medium Density Residential (M) to Very
High Density Residential (VH) and Floodway (FLDWY).
B. The Planning Commission recommends to the City Council
approval of Zone Change No. 2003 -02, as amended by staff,
for a change in the zoning from Commercial Planned
Development (CPD) and Single- family Residential (R -1) to
Resolution No. PC- 2004 -455
Page 4
Residential Planned Development twelve (12) dwelling units
per acre (RPD -12u) and Open Space (OS).
C. The Planning Commission recommends to the City Council
approval of Vesting Tentative Tract Map No. 5425 for the
subdivision of approximately fifteen (15) acres of land
into three (3) lots for condominium purposes to develop a
maximum of 102 duplex -style and detached condominiums, a
recreation area, private streets, 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.
D. The Planning Commission recommends to the City Council
approval of Residential Planned Development Permit No.
2003 -02 for the construction of 102 duplex -style and
detached 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.
SECTION 5. 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.
Resolution No. PC- 2004 -455
Page 5
The action of the foregoing direction was approved by the
following vote:
AYES: Commissioners DiCecco, Landis and Peskay, Vice
Chair Lauletta and Chair Pozza
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 6th day of April, 2004.
i
Scott Pozz'a, fair
ATTEST:
Ba ry Jf�: yHo -zn p
C t D ve o ment Director
Exhibit
A:
General Plan
Amendment Map
Exhibit
B:
Zone Change
Map
Exhibit
C:
Special and
Standard Conditions
of Approval for
Vesting Tentative
Tract Map No.
5425
Exhibit
D:
Special and
Standard Conditions
of Approval for
Residential
Planned Development
Permit No. 2003 -02
Resolution No. PC- 2004 -455
Page 6
EXHIBIT A
GENERAL PLAN AMENDMENT MAP
Resolution No. PC -2004 -455
Page 7
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Resolution No. PC- 2004 -455
Page 8
EXHIBIT C
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR VESTING TENTATIVE TRACT MAP NO. 5425
SPECIAL CONDITIONS:
1. Vesting Tentative Tract No. 5425 is approved per the
submitted tentative map as modified by the conditions
contained in this resolution.
2. Up to a maximum of 102 dwelling units may be developed
under this entitlement.
3. Parking is restricted to one side of the street for "A"
Street %NB " %%C,// %%D,// %%E,// "F," and "G" Drives and
Majestic Court (approval of all street names shall follow
the City's process). "No Stopping" signs shall be
installed at the sole cost of the applicant to the
satisfaction of the Ventura County Fire Prevention District
and the City Engineer.
4. Prior to the recordation of the Final Map the applicant
shall provide access through Fremont Street, either through
a reciprocal access agreement or other instrument
acceptable to the Community Development Director and City
Engineer, for the entire length of Fremont Street, from Los
Angeles Avenue to Majestic Court regardless of whether
Fremont Street remains private or public.
5. Prior to the issuance of a Zoning Clearance for building
permit for the first (lst) dwelling unit of Tract No. 5425 a
plan for the improvement and closure of Fremont Street at
Los Angeles Avenue shall be provided for review and
approval by the City Engineer and Community Development
Director. Fremont Street shall be improved in accordance
with the approved plan prior to issuance of a building
permit of the fiftieth (50th) dwelling unit of Tract No.
5425.
6. There shall be no construction traffic on Fremont Street,
except to improve Fremont Street or any lots abutting
Fremont.
7. Prior to issuance of the first (1St) building permit for the
first (1St) dwelling unit the applicant shall provide a cost
estimate for the full street improvements along the Los
Angeles Avenue frontage of Tract No. 5425 and along the Los
Resolution No. PC- 2004 -455
Page 9
Angeles Avenue frontage of the Fremont Street neighborhood
subject to the review and approval of the City Engineer.
Developer shall deposit sufficient funds per the approved
cost estimate with the City. The improvements shall
include, but not be limited to, a deceleration lane
installed along the south side of Los Angeles Avenue, west
of the northerly entrance to Tract No. 5425, curb, gutter,
sidewalk and a noise attenuation wall. All improvements
shall be subject to the satisfaction of the Community
Development Director, the Director of Public Works, and the
City Engineer. In lieu of construction of said
improvements, the applicant shall provide interim
improvements for access to Los Angeles Avenue until such
time as the City approved widening project is completed.
Applicant shall provide paving, curb and gutter, sidewalk,
striping and required traffic control devices to prevent
left turning movements. The improvements will be
constructed per City Standard Designs and subject to the
review and approval of the City Engineer. Offsite right -
of -way acquisition for the City widening project shall be
the responsibility of the City, however, all right -of -way
required for the ultimate improvements shall be dedicated
to the City per the final map recordation.
8. Prior to or concurrently with the recordation of the Final
Map the applicant shall grant the City with an irrevocable
offer of dedication for vehicular access and drainage
along the entire width of the four (4) streets on the
eastern side of the project to the satisfaction of the
Community Development Director and City Engineer.
9. "D" Street shall be built to public street standards with a
thirty -six (361) foot curb -to -curb width, subject to
approval of the Community Development Director and City
Engineer. The applicant /developer shall grant an
irrevocable offer of dedication for street purposes for the
entire length and width of "D" Street.
10. Prior to or concurrently approval of the Final Map the
applicant shall grant the City public access easements to
the Arroyo Simi. The exact location of said easements will
be subject to the approval of the Community Development
Director and the City Engineer.
11. Prior to or concurrently with the approval of the Final Map
the applicant will pay the City the cash equivalent of the
cost of the design and installation of a traffic signal at
Millard Street and Los Angeles Avenue, less the cost paid
Resolution No. PC- 2004 -455
Page 10
for by the developer of Tract 5133. Should construction of
this project precede that of Tract 5133, the applicant
shall pay the entire cost of the design and installation of
the traffic signal.
12. Left -turn vehicular ingress and egress shall be prohibited
to and from Los Angeles Avenue until such time as full
improvements; including, but not limited to, curb, gutter,
sidewalk, paving, street lights, and landscaping, are
installed, accepted and ready for use on Los Angeles
Avenue. Said improvements will be constructed by the City
as part of the ultimate widening project, however, cash out
for the improvements and interim improvements must comply
with these Conditions of Approval.
13. Prior to the issuance of any building permit in the FEMA
identified 100 -year floodplain A Federal Emergency
Management Agency (FEMA) approved Conditional Letter of Map
Revision ( CLOMR) shall be provided to the City Engineer.
14. The applicant shall provide, as part of the street
improvement plans, a public service easement within the
private streets, subject to approval of the Community
Development Director and City Engineer.
15. The sound wall adjacent to Los Angeles Avenue shall be no
less than eight (8') feet in height, with the final
location, design and height to be approved by the Community
Development Director.
16. Majestic Court shall be designed with a forty (40') foot
curb -to -curb width. The total right -of -way design shall be
subject to the approval of the Community Development
Director and the City Engineer.
17. Prior to the close of sale of each dwelling unit, the
applicant shall provide a written acknowledgement statement
to the buyer indicating that the buyer is aware that the
dwelling unit is either in the FEMA identified 100 -year
floodplain or may be in it in the future. Additionally,
the acknowledgement shall indicate that the buyer
acknowledges that if the dwelling is in the FEMA identified
100 -year floodplain that the buyer understands that flood
insurance will be required. A copy of each statement shall
be provided to the City and shall be kept as part of the
building permit file.
18. Prior to the approval of a Final Map, if the applicant has
not received a CLOMR from FEMA for the entire site, the
applicant shall add a non - mapping data sheet to the map set
Resolution No. PC- 2004 -455
Page 11
showing the extent of inundation and shall place a
prominent note on the map indicating that no construction
may occur on lots within the floodplain until a CLOMR has
been issued removing the lots from the floodplain.
19. Concurrent with the completion of the southerly block
fence /wall the applicant shall install a gate in the
southern project boundary fence /wall for access to the
Arroyo by the project residents in the event that a trail
is installed along the Arroyo. The gate shall be locked
until such time as a trail is installed and access is
granted.
20. Prior to approval of the Final Map, the applicant shall pay
an amount to cover the costs associated with a crossing
guard for five years at the then current rate when paid,
plus the pro -rata cost of direct supervision for one
crossing guard location and staff's administrative costs
(calculated at fifteen percent (15 %) of the above costs).
21. Prior to the release of final building permit for the 102nd
dwelling unit the applicant shall place the overhead power
lines underground on the east side of the Fremont Street
neighborhood and shall pay for the lateral connections to
the houses on either side of Fremont Street. The developer
shall grant a sufficient amount of time, approved by the
Community Development Director and the City Engineer, to
allow for the lateral connections prior to the
undergrounding. Alternatively, if necessary, the developer
shall pay for and the city shall initiate a Rule 210 for
undergrounding of the overhead lines and lateral
connections.
22. The developer shall provide fifteen (15) affordable
dwelling units on site. Nine (9) units shall be reserved
for low income purchasers and six (6) units shall be
reserved for very -low income purchasers. The affordable
dwelling units shall be distributed throughout the tract.
The first eight (8) units (five (5) low income and three
(3) very low income) shall be constructed and ready for
occupancy prior to the fifty- second (52 °d) occupancy in
Tract No. 5425 and the next seven (7) (four (4) low income
and three (3) very low income) shall be constructed prior
to the one - hundred - second (102nd) occupancy in Tract No.
5425.
23. The ultimate general plan and zoning boundaries for the
Floodway /Open Space area shall be consistent with the
northerly boundary of the Ventura County Watershed
Resolution No. PC- 2004 -455
Page 12
Protection District wetlands dedication as shown on the
final map of Tract No. 5425.
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.
3. This Vesting 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,
Resolution No. PC- 2004 -455
Page 13
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.
S. 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 Vesting Tentative Tract Map and
Residential Planned Development Permit, as applicable.
6. If any of the conditions or limitations of this approval
are held to be invalid, that holding shall not invalidate
any of the remaining conditions or limitations set forth.
7. Where conflict or duplication between the Mitigation
Monitoring and Reporting Program (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.
Resolution No. PC- 2004 -455
Page 14
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
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 review the proposed 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 provide a connection between existing structures
and /or walls subject to the approval of the Director. Said
connections shall be designed to limit removal and
reconstruction of existing facilities where possible. The
connection details shall, where possible, utilize the same
type of materials, colors and textures as the existing
structures.
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.
Resolution No. PC- 2004 -455
Page 15
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. If required by a Special Condition of Approval, an
Assessment District [herein "Back -Up District "] shall be
formed to fund future City costs, should they occur, for
the maintenance of Parkway Landscaping, median landscaping
or Drainage Improvements previously maintained by a Private
Responsible Party and then assumed by the City. If a Back -
Up District is formed, it shall be the intent of the City
to approve the required assessment each year, but to only
levy that portion of the assessment necessary to recover
any past City costs or any anticipated City costs for the
following fiscal year. In the event the City is never
required to assume the maintenance of any such improvements
maintained by a Private Responsible Party, the amount of
the annual assessment actually levied upon the affected
properties would be minor amount, possibly zero. The City
shall administer the annual renewal of the Back -Up District
and any costs related to such administration shall be
charged to the Fund established for such district revenues
and expenses.
16. When it has been determined that it is necessary to form an
Assessment District (including a Back -Up District), the
applicant shall be required to undertake and complete the
following:
a. At least one hundred twenty (120) days prior to the
planned recordation of any Final Map or the issuance
of any Zoning Clearance for building permit, which
ever comes first:
i. submit the final draft plans for any irrigation,
landscaping or Drainage Improvements [herein
"Maintained Areas "] to be maintained by the
Assessment District (including a required Back -Up
District), along with any required plan checking
fees;
ii. submit a check in the amount of $5,000 as an
advance to cover the cost of Assessment
Engineering for the formation of the Assessment
District [Note: Developer shall be required to
pay for all final actual assessment engineering
Resolution No. PC- 2004 -455
Page 16
costs related to the Assessment District
formation along with City administrative costs.];
b. At least sixty (60) days prior to the planned
recordation of any Final Map or the issuance of any
Zoning Clearance for building permit, which ever comes
first, submit to the City the completed, "City
approved" plans for the Maintained Areas (landscaping,
irrigation and National Pollutant Discharge
Elimination System (NPDES) Drainage Improvements);
C. Prior to the planned recordation of any Final Map or
the issuance of any Zoning Clearance for building
permit, which ever comes first, submit to the City a
signed Petition and Waiver requesting formation of the
Assessment District [Note: The Petition and Waiver
shall have attached to it as Exhibit `A' the City
approved final draft Engineer's Report prepared by the
Assessment Engineer retained by the City.]
17. Prior to Final Map approval, the City Council shall
determine which areas shall be maintained by a maintenance
assessment district.
18. 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 a
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.
19. 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.
Resolution No. PC- 2004 -455
Page 17
20. 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.
21. 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).
B. For compliance with the following conditions please contact
the City Engineer:
General Conditions:
22. 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.
23. 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.
24. If hazardous materials are found on the site, the Developer
shall stop all work and notify the City immediately. The
Resolution No. PC- 2004 -455
Page 18
Developer shall develop a plan that meets City, State and
Federal requirements for its disposal.
25. 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.
26. 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.
27. 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.
28. The Applicant shall provide all easements and rights -of -way
granted to the City free and clear of all liens and
encumbrances.
29. 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.
30. 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
Lmits of the subdivision as well as any
affect the subdivision.
31. 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.
32. The Final Map shall be prepared by a California Registered
Engineer meeting all of the provisions of the Subdivision
Map Act.
33. 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
Resolution No. PC- 2004 -455
Page 19
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.
34. On the Final Map, the Applicant shall offer to dedicate to
the City of Moorpark all rights -of -way for public streets.
35. Prior to submittal of the Final Map for review and
approval, the Applicant shall transmit by certified mail a
copy of the conditionally approved Vesting 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.
36. All development areas and lots shall be designed and graded
so that surface drainage is directed to acceptable
locations or natural or improved drainage courses as
approved by the City Engineer. Altered drainage methods and
patterns onto adjacent properties shall not be allowed
without mitigation.
37. Reactive organic compounds, Nitrogen oxides (ozone /smog
precursor), and particulate matter (aerosols /dust)
generated during construction operations shall be minimized
in accordance with the City of Moorpark standards and the
standards of the Ventura County Air Pollution Control
District. When an air pollution Health Advisory has been
issued, construction equipment operations (including but
not limited to grading, excavating, earthmoving, trenching,
material hauling, and roadway construction) and related
activities shall cease in order to minimize associated air
pollutant emissions.
38. 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
39. 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.
40. The following measures shall be implemented during all
construction activities throughout build out of the project
Resolution No. PC- 2004 -455
Page 20
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 6:00 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 the
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.
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.
Resolution No. PC- 2004 -455
Page 21
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.
41. The Applicant shall submit to the City of Moorpark for
review and approval, a rough grading plan, consistent with
the approved Vesting 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.
42. 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.
43. 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. Irrigation and hydroseeding implementation shall
be reviewed for constructability and adapted to the onsite
construction schedule as applicable. Reclaimed water or a
similar water source shall be used for dust control during
grading, if available at the site.
44. 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 shall be implemented immediately.
45. 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.
Resolution No. PC- 2004 -455
Page 22
46. 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.
47. So as to reduce debris from entering sidewalk and streets,
the approved grading plan shall show a slough wall,
approximately eighteen (18 ") inches high, with curb outlet
drainage to be constructed behind the back of the sidewalk
where slopes exceeding four (4') feet in height are
adjacent to sidewalk. The Applicant shall use the City's
standard slough wall detail during the design and
construction. The City Engineer and Community Development
Director shall approve all material for the construction of
the wall.
48. 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.
49. 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.
50. 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.
51. The Applicant shall utilize all prudent and reasonable
measures (including installation of a six (6') foot high
chain link fence around the construction sites or provision
of a full time licensed security guard) to prevent
unauthorized persons from entering the work site at any
time and to protect the public from accidents and injury.
52. Backfill of any pipe or conduit shall be in accordance with
City of Moorpark Standard Specifications unless otherwise
specified by the City Engineer.
53. Soil testing for trench compaction shall be performed on
all trenching and shall be done not less than once every
Resolution No. PC- 2004 -455
Page 23
two (2') feet of lift and one - hundred (100) lineal feet of
trench excavated unless approved by the Geotechnical
Engineer and the City Engineer. Test locations shall be
noted using street stationing with offsets from street
centerlines.
54. All vehicles in the construction area shall observe a
fifteen -mile per hour (15 mph) speed limit for the
construction area at all times.
55. During site preparation and construction, the Applicant
shall construct temporary storm water diversion structures
per City of Moorpark standards.
56. The entire site shall be graded at the same time. Pads
shall be graded, planted and landscaped per the approved
erosion control plans, SWPPP, and Stormwater Management
Plan.
57. Prior to submittal of grading plans the Applicant shall
have a geotechnical report prepared to the satisfaction of
the City Engineer.
58. 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.
59. 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.
60. 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.
61. Monuments shall meet the City of Moorpark, County of
Ventura Standards and shall be to the satisfaction of the
City Engineer.
62. 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, on a per unit rate, to fund TSM
programs or clean -fuel vehicles programs as determined by
the City. The rate shall be calculated per Ventura County
Air Pollution Control District guidelines in force at the
time of issuance of the first Zoning Clearance. Commencing
Resolution No. PC- 2004 -455
Page 24
annually thereafter the Air Quality Fee shall be adjusted
by any increase in the Consumer Price Index (CPI) until all
fees have been paid. The CPI increase shall be determined
by using the information provided by the U.S. Department of
Labor, Bureau of Labor Statistics, for all urban consumers
within the Los Angeles /Anaheim /Riverside metropolitan area
during the prior year. The calculation shall be made using
the month of December over the prior month of December. In
the event there is a decrease in the CPI for any annual
indexing, the fee shall remain at its then current amount
until such time as the next subsequent annual indexing
which results in an increase.
63. As a condition of the issuance of a building permit for
each residential unit, Developer shall pay City a traffic
mitigation fee as described herein ( "Citywide Traffic
Fee "). The Citywide Traffic Fee may be expended by the City
in its sole and unfettered discretion. On the effective
date of approval of 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, 2005, 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.
64. 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.
65. 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
Resolution No. PC- 2004 -455
Page 25
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.
66. Prior to or concurrently with the Final Map and prior to
any construction for all streets, except for those under
the jurisdiction of Caltrans the Applicant shall submit to
the City of Moorpark for review and approval, street
improvement plans prepared by a California Registered Civil
Engineer, enter into an agreement with the City of Moorpark
to complete public improvements, and post sufficient surety
guaranteeing the construction of all improvements. Public
streets shall conform to City of Moorpark requirements
including all applicable Americans with Disabilities Act
(ADA) requirements. Street improvements shall be acceptable
to the City Engineer and Community Development Director,
67. All streets shall conform to the design requirements of the
Ventura County Road Standards (most recent revision),
unless noted otherwise in the conditions.
68. 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.
69. Driveways shall be designed in accordance with the latest
American Public Works Association (APWA) Standards.
70. 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 (3.5')
feet clear sidewalk width must be provided around the
obstruction.
71. The Applicant shall submit wall and
showing that provisions have been taken
maintain proper sight distances. All
other structures over six (6') feet
submitted to and approved by the Cor
Director and the City Engineer.
landscaping plans
to provide for and
fences, walls and
high are to be
ununity Development
Resolution No. PC- 2004 -455
Page 26
72. 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 (1) year from the acceptance
of the street improvements.
73. 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.
74. The plans shall depict all on -site and off -site drainage
structures required by the City.
75. 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.
76. Hydrology shall be per the current Ventura County Flood
Control Standards except as follows:
a. All storm drains shall carry a ten (10) year frequency
storm.
b. All catch basins shall carry a ten (10) year 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 (100) year
frequency storm.
77. Under a ten (10) year frequency storm, local, residential
and private streets shall have one dry travel lane
available on interior residential streets. Collector
streets shall have a minimum of one (1) dry travel lane in
each direction.
78. "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
Resolution No. PC- 2004 -455
Page 27
of storm water flows shall be provided to the satisfaction
of the City Engineer.
79. Drainage grates shall not be used at any location
accessible by pedestrian, bicycle or equestrian traffic.
80. The grading plan shall also show contours indicating the
fifty- and one - hundred (50 & 100) year flood levels.
81. 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 to the
maximum extent possible and shall be restricted from
entering streets. Both storm drains and easements outside
the public right -of -way are to be privately maintained
unless otherwise approved by the City Council.
82. 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.
83. 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.
84. 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.
85. 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.
86. 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
Resolution No. PC- 2004 -455
Page 28
be utilized in the design unless alternate design intensity
is approved by the City Engineer.
87. 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 (100) year
frequency storm.
b. Feasible access during a fifty (50) year frequency
storm.
C. Hydrology calculations shall be per current Ventura
County Flood Control Standards.
d. All structures proposed within the one - hundred (100)
year flood zone shall be elevated at least one foot
above the one - hundred (100) year flood level.
88. 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 (81) feet. In addition, all
facilities shall have all- weather vehicular access. This
design shall be to the satisfaction of the City Engineer.
89. 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).
90. 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.
91. 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
Resolution No. PC- 2004 -455
Page 29
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).
92. 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.
93. The Applicant shall also comply with NPDES objectives as
outlined in the "Storm Water Pollution Control Guidelines
for Construction Sites."
94. 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.
95. Prior to City issuance of the initial grading permit, the
Applicant shall obtain all necessary NPDES related permits.
The grading permits issued for the development shall
require Applicant to provide schedules and procedures for
onsite maintenance of earthmoving and other heavy equipment
and documentation of proper disposal of used oil and other
lubricants. The onsite maintenance of all equipment that
can be performed offsite will not be allowed.
96. 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
Resolution No. PC- 2004 -455
Page 30
an interest in the land, which is sufficient for the
purposes as provided in Governmental Code Section
66462.5.
b. Supply the City with: (i) a legal description of the
interest to be acquired; (ii) a map or diagram of the
interest to be acquired sufficient to satisfy the
requirements of subdivision (e) of Section 1250.310 of
the Code of Civil procedure; (iii) a current appraisal
report prepared by an appraiser approved by the City
which expresses an opinion as to the fair market value
of the interest to be acquired; and (iv) a current
Litigation Guarantee Report.
C. Enter into an agreement with the City, guaranteed by
such cash deposits or other security as the City may
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.
d. 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.
97. Prior to acceptance of public improvements and bond
exoneration reproducible centerline tie sheets shall be
submitted to the City Engineer's office.
98. 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 (1)
year following acceptance by the City.
99. 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
Resolution No. PC- 2004 -455
Page 31
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.
C. For compliance with the following conditions please contact
the Ventura County Fire Department:
100. Prior to combustible construction, an all weather access
road /driveway suitable for use by a twenty (20) ton Ventura
County Fire Protection District (Fire District) vehicle
shall be installed.
101. All access roads /driveways shall have a minimum vertical
clearance of thirteen feet six inches (13'6 ").
102. Public and private roads shall be named if serving more
than four (4) parcels.
103. Prior to recordation of street names, proposed names shall
be submitted to the Fire District's Communications Center
for review.
104. 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.
105. Address numbers, a minimum of four (4 ") inches high, shall
be installed prior to occupancy, shall be of contrasting
color to the background, and shall be readily visible at
night. Where structures are set back more than one -
hundred -fifty (150') feet from the street, larger numbers
will be required so that they are distinguishable from the
street. In the event, the structure(s) is not visible from
the street, the address number(s) shall be posed adjacent
to the driveway entrance.
106. 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.
107. 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 (500')
feet of the development. Indicate the type of hydrant,
number and size of outlets.
Resolution No. PC- 2004 -455
Page 32
108. 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.
109. 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.
110. 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.
111. 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:
112. 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.
113. 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- 2004 -455
Page 33
E. For compliance with the following conditions please contact
the Ventura County Watershed Protection District:
114. No direct storm drain connections to Ventura County
Watershed Protection District facilities shall be allowed
without appropriate Best Management Practices (BMP's) for
compliance with Ventura Countywide Stormwater Program.
Resolution No. PC- 2004 -455
Page 34
Exhibit D
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR RESIDENTIAL PLANNED DEVELOPMENT (RPD) 2003 -02
SPECIAL CONDITIONS
1. Residential Planned Development No. 2003 -02 is approved per
the submitted site plan as modified by the conditions
contained in this resolution.
2. Enhanced landscaping valued at $177,872.00 ($47,548.00 for
Tract No. 5425 and $130,324.00 for Tract No. 5133) shall be
distributed over both projects (Tract Nos. 5425 and 5133)
and the recreation area to create a balanced and unified
atmosphere in the development. Should this tract not be
developed, the conditions of Tract No. 5133 would remain in
full force. Should Tract No. 5133 not be developed,
enhanced landscaping valued at $47,548.00 shall be
installed.
3. A recreation building, a swimming pool, and a play area
with equipment shall be required within the recreation
area. The final design and architecture shall be subject
to the approval of the Community Development Director prior
to or concurrently with the approval of the landscape
plans.
4. Any future homeowner improvements to the individual homes
and the exclusive use area shall follow the City's RPD
(residential planned development) zone Development
Standards. Said standards shall be incorporated into the
Covenants, Conditions and Restrictions for this project.
5. There shall be no development allowed in the front yards of
the individual homes and exclusive use areas. This
includes, but is not limited to, fences, lighting,
pilasters and fountains.
6. The front setback for each unit shall not be less than
eighteen (18') feet.
7. The rear setback for each unit shall not be less than
thirteen (13') feet.
8. There shall be no less than three (3') feet of clearance
between block walls and allowable interior protrusions.
9. The sound wall adjacent to Los Angeles Avenue shall be no
less than eight (8') feet in height, with the final design
Resolution No. PC- 2004 -455
Page 35
and height to be approved by the Community Development
Director, subject to ultimate pad elevations.
10. A fence /wall plan shall be required. Location, design,
material and height of all fences and walls shall be
approved by the Community Development Director. Interior
walls shall be a minimum height of six (6') feet from the
highest finished grade.
11. A solid decorative block wall, a minimum of eight feet (8')
in height from the finished grade of the Fremont Street
Tract and a minimum of six feet (6') in height from the
finished grade of Tract 5425, shall be installed along the
western boundary of the site, adjacent to the Fremont
Street tract. Where possible, a single combined
retaining /privacy wall, no less than eight feet (8') and no
higher than ten feet (101) shall be provided. In the event
that an alternative design is required, the Community
Development Director may approve a stepped retaining wall
with a privacy wall at the top of the slope. The final
location and design, including wall heights, retaining
walls and sound walls, shall be subject to approval by the
Community Development Director.
12. The landscape plan shall incorporate, to the satisfaction
of the Community Development Director, natural vegetation
in the transition area to the Arroyo at the southern
portion of the development.
13. Architectural enhancements, such as window reveals and
plant -ons shall be required on side and rear elevations
subject to the approval of the Community Development
Director.
14. The detached housing units shall include articulation of
the side walls, to avoid having an entire side of the
building on a single plane, to the satisfaction of the
Community Development Director.
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
Resolution No. PC- 2004 -455
Page 36
as shown on the approved plot plans and elevations except
or unless indicated otherwise herein in the following
conditions.
2. All conditions of Vesting Tentative Tract Map No. 5425
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) 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 (200') feet (or as otherwise determined
by the Community Development Director) of the side property
line of the structure proposed for expansion or alteration,
subject to the review and approval of the Community
Development Director consistent with these approved
conditions and Zoning Code requirements.
6. All air conditioning or air exchange equipment shall be
placed at ground level, may not be placed in a sideyard
setback area within fifteen (151) feet of an opening window
at ground floor level of any residential structure, and
shall not reduce the required side yards to less than five
(5') feet of level ground.
7. All facilities and uses other than those specifically
requested in the application are prohibited unless an
application for a modification is submitted to the
Resolution No. PC- 2004 -455
Page 37
Department of Community Development consistent with the
requirements of the Zoning Code.
8. Garages shall maintain a clear unobstructed dimension of
twenty (20') feet in length and ten (10') feet in width for
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 Vesting
Tentative Tract Map No. 5425 apply to Residential Planned
Development Permit No. 2003 -02.
C. For compliance with the following conditions please contact
the Ventura County Fire Department:
12. All conditions of Vesting Tentative Tract Map No. 5425
shall apply.
D. For compliance with the following conditions please contact
the Ventura County Waterworks District No. 1:
13. All conditions of Vesting Tentative Tract Map No. 5425
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
Resolution No. PC- 2004 -455
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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.
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-