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AGENDA REPORT 1994 0720 CC REG ITEM 09C
ITEM �• � AGENDA REPORT CITY OF MOORPARK TO: The Honorable City Council _ FROM: Jaime R. Aguilera, Director of Community Developmer� Kathleen Mallory, Associate Planner DATE: June 30, 1994 (CC meeting of July 20, 1994) SUBJECT: CONSIDER MAJOR MODIFICATION NUMBER 3 (FILED BY WARMINGTON HOMES) TO RESIDENTIAL PLANNED DEVELOPMENT PERMIT NUMBER 1041 (TRACT 3963 -4 [PHASE 4]), FOR THE CONSTRUCTION OF 87 SINGLE - FAMILY HOMES, WITHIN CAMPUS HILLS - MOORPARK BACKGROUND Tentative Tract Map 3963 and Residential Planned Development Permit Number 1041 were approved by the City Council on February 18, 1986 (Resolution Number 86 -275 - contained within the Addendum to the Environmental Impact Report, attached to this report) for the construction of 484 single - family homes by Griffin Homes. The approved project was for construction of homes in five phases; two housing types were proposed, the Classics and the Estates. The approved square footages, model type, and home amenities for the entire tract, were as follows: "CLASSICS" Square footage Model Type Home Amenities 918 sq. ft. _ 'Berkeley" (single -story, 2 car garage, 2 bedroom, Den, 2 bath) 1,142 sq. ft. _ "Evanston" (single- story, 2 car garage, 3 bedroom, 2 bath) 1,200 sq. ft. = Same as above, but including a den (1) 1,357 sq. ft. _ "Palo Alto" (2 -story, 2 car garage, 3 bedroom, 2 1/2 bath) 1,518 sq. ft. _ "Westwood" (2 -story, 2 car garage„ 4 bedroom, 2 1/2 bath) Staff would like to point out that none of the aforementioned square footages were constructed due to Minor Modification Number 1 1 This model type was never constructed. Minor Modification Number 1 (March 17, 1986) gave approval to Griffin Homes to change the square footages of the homes and to construct only four model types instead of five, which was originally approved. KMP- 07 -12 -94 (10:35 am) A:\WARMING.ENT\7- 20CCSF.RPT The Honorable City Council June 30, 1994 Page 2 "ESTATES" Square footage Model Type Home Amenities 1,650 sq. ft. = "Amherest" (single -story, 2 car garage, 4 bedroom, 2 1/2 bath) 1,704 sq. ft. = "Dartmouth" (2 -story, 3 car garage, 3 bedroom, 2 -1/2 bath) 1,892 sq. ft. = "Oxford" (2 -story, 3 car garage, 4 bedroom, 3 bath) 2,149 sq. ft. = "Wellesley" (2 -story, 3 car garage, 4 bedroom, 3 bath) (actually 2,460 sq. ft. with bonus room) Staff would like to point out that none of the aforementioned square footages were constructed due to Minor Modification Number 2. 1. OVERVIEW A few years ago, Griffin Homes declared bankruptcy and its assets were recently sold by the bankruptcy court. At the time that Griffin Homes declared bankruptcy, all of Phase I, II, Ili, and 44 -homes in Phase IV had been constructed. Within Phase IV, 87- single family homes and one private recreational facility remain to be constructed. Warmington Homes has entered into an Option Agreement with the trustee of the court to purchase the final 87 lots in Phase IV, of Campus Hills For the Council's information, Major Modification Number 3 is a request to modify the Planned Development Permit. However, conditions of approval on the Tract may not be modified, without the owner's consent, because the Map for the Tract has already been recorded. 2. PRIOR PERMIT MODIFICATIONS Since 1986, one Major Modification and eleven Minor Modifications have been approved for Planned Development 1041 and Tract 3963. A summary of the Major and Minor Modifications which affect this project, is as follows: Major Modification Number 1 Resolution Number 87 -395 modified conditions of approval, which specified the sequence in which certain public improvements were to be completed. Resolution Number 87 -395 specifies the change in Condition of Approval Number 58; a copy of the condition language due to this modification may be found in the Addendum to the Environmental Impact Report contained within this report. KMP- 07 -12 -94 (10:35 am) A:IWARMING.ENT\7- 20CCSF.RPT The Honorable City Council June 30, 1994 Page 4 Minor Modification Numbered 3 4 5 6 8 9, and 11 Minor Modifications Number 3 -6, 8, 9, and 11 were for minor changes in the timing of the payment of fees, construction of public amenities, lot configurations for previous phases within the tract, and minor additions and modifications for existing home owners within the tract. Minor Modification Number 7 In June of 1989, Griffin Homes requested approval for 134 development allotments; 3 allotments were for homes within Phase I, and 131 allotments were for homes within Phase IV. As part of this request, Griffin Homes asked that Phase IV be modified so that all 131 units (in Phase IV) would be constructed as Estate homes, as opposed to 60 Classics and 71 Estates, as originally approved. The Council approved the request for 134 allotments and also allowed Griffin to construct 131 Estate Homes within Phase IV. Approval of the allotments was given so that: 5 "Classics" would be constructed in Phase and II "Classics" would be constructed in Phase IV. In consideration of this change, 5 Classics were sold to first time buyers, based upon a criteria established by the City Council. Also as part of Minor Modification Number 7, Griffin Homes was required to construct the following number of homes of each square footage: Square Footage to be Built 1,831 sq. ft. 2,180 sq. ft. 2,410 sq. ft. 2,786 sq. ft. Total: Required No. of Home No. of Built Homes No. of Homes Remaining to be Built as pan of the 44 in Completion of Phase 4 25 units 25 units 35 units 46 units 131 units 1 unit 15 units 11 units 15 units 42 units 24 units 10 units 24 units 31 units 89 units (2) In summary, Minor Modification Number 7 amended the size of homes which were constructed in Phase IV - approval was granted to construct 129 Estates and 2 Classics. Further, 3 Classics were constructed in Phase I; and a stipulation was added regarding the number of homes of each square footage which must be built in Phase IV. 2 87 homes actually remain to be constructed, because 2 homes were built of the smallest square footage as part of the City's First Time Home Buyer Program with Griffin Homes; therefore, 44 homes were actually constructed. KMP- 07 -12 -94 (10:35 am) AAWARMING.ENTV- 20CCSF.RPT The Honorable City Council June 30, 1994 Page 5 Minor Modification Number 10 On September 23, 1991, the Director of Community Development approved a modification to modify the square footages of the homes on lots 477, 478, and 481 within Phase IV (locate larger units on the larger lots) and change the trim color on one of the four approved paint schemes. Paint scheme number 2 was changed from Oxford Brown 140 accent to Padre 826 by Decratrend. 3. SUMMARY OF SQUARE FOOTAGES OF HOMES WHICH HAVE BEEN CONSTRUCTED Of the 484 single - family homes approved for construction, to date 397 single - family homes have been constructed. A summary of the number of homes and square footages which have been constructed within the entire tract is as follows: Phase I 18 units at 1,054 square feet - Classic 34 units at 1,214 square feet - Classic 3 units at 1,354 square feet - Classic 41 units at 1,514 square feet - Classic 43 units at 1,767 square feet - Classic Total: 139 units constructed Phase II 8 units at 1,354 square feet - Classic 12 units at 1,640 square feet - Classic 18 units at 1,767 square feet - Classic 15 units at 1,831 square feet - Estate 33 units at 2,180 square feet - Estate 26 units at 2,410 square feet - Estate 33 units at 2.786 square feet - Estate Total: 145 units constructed Phase III 17 units at 1,354 square feet - Classic 20 units at 1,640 square feet - Classic 32 units at 1,767 square feet - Classic Total: 69 units constructed KMP -07 -12 -94 (10:35 am) AAWARMING.ENT\7- 20CCSF.RPT The Honorable City Council June 30, 1994 Page 6 Phase IV 2 units at 1,354 square feet - Classic 1 unit at 1,831 square feet - Estate 15 units at 2,180 square feet - Estate 11 units at 2,410 square feet - Estate 15 units at 2,786 square feet - Estate Total: 44 units constructed (87 remaining to Phase IV) DISCUSSION 1. PROPOSAL be constructed, in completion of Warmington Homes' construction proposal includes the completion of Phase IV, for the construction of 87 -lots; lots numbered, 376 through 443 and 466 through 484. Three housing prototypes and building square footages are proposed, as follows: Home Size. Mix and Plotting Plan 1 28 homes at 2,510 square feet and two -story Plan 2 29 homes at 2,738 square feet and two -story Plan 3 30 homes at 2,858 square feet and two -story It should also be noted, that the proposed building square footages have been increased in size from what was originally proposed as part of the original Planned Development Permit. Warmington Homes has not plotted specific home types per lot at this time and does not intend to do so as part of this application. Elevations / Exteriors Pursuant to the submitted plans, there will be three building square types and each building type will have three elevation options The elevations will be in a mediterranean theme, consistent with the architectural style and color of the surrounding tract. KMP -07 -12 -94 (10:35 am) A: \WARMING.EN7W- 20CCSF.RPT The Honorable City Council June 30, 1994 Page 7 Warmington Homes' Presentation to the Homeowner's Association Warmington Homes has met with the Homeowner's Association for the Campus Hills Tract. Based upon a correspondence from the Campus Hills Homeowner's Association (see Attachment Number 1 and Agreement), it appears that the Association is in support of the project, contingent upon addition of the condition language denoted in the correspondence. 2. REVIEW OF DEVELOPMENT PROPOSAL (SEE ATTACHMENT NUMBER 2) AND STAFF ANALYSIS On June 29, 1994, staff met with representatives of Warmington Homes to review the proposed product type and project amenities, staff's comments and concerns regarding the project were shared with Warmington Homes. Product Type Three product types are proposed, with a different elevation for each product type: Plan 1 (Two -Story, 3 -car garage, 3 bedrooms, "den /opt bdrm ", 3 bath - 2,510 sq. ft.) Plan 2 (Two -Story, 3 -car garage, 4- bedrooms, Den /bedroom, 3 bath - 2,738 sq. ft.) Plan 3 (Two -Story, 3 -car garage, 4- bedrooms, Bonus Room /den /office, 3 bath - 2,858 sq. ft.) Analysis - Architecture and Construction Product Type In reviewing the architectural detail of the Warmington Homes development proposal, compared to the original Griffin Homes approved development proposal, the approved plans exemplified: • More architectural detail which results in an ornate, and architecturally superior project • Utilization of stucco window surrounds, which depicts a an elaborate and embellished development project • Porches on all three plans On June 29, 1994, staff visited the Warmington Homes models in Wood Ranch, Simi Valley; the homes in Simi Valley are the same floor plan and architecture (excluding wood building materials) as proposed in Moorpark. Staff noted the following exterior amenities while in the filed on the 29th: • Building elevation relief through the use of varied wall depth • Attractive porches on all Plans • Stucco window surrounds and lintels Roof profile relief through the use of varied roof pitch and direction • Stucco soffits • Stone and brick trim from grade to soffit in the front of the homes and extending to the corners of the homes KMP -07 -12 -94 (10:35 am) AAWARMING.ENTV- 20CMERPT The Honorable City Council June 30, 1994 Page 8 It is staff's opinion that if the aforementioned exterior amenities are provided, a more ornate and lavish looking development will ensue. Staff noted that the following exterior modifications should be required, as a condition of approval, of Warmington Homes in order to increase the ornateness of the project: • Three foot long landscaped runners between the two -car and one -car garage on all of the Plans • Stucco window surrounds on all four elevations • Placement of the air conditioning units on the side of the home (instead of the rear), no closer than 3 feet to property line. Use of brick accent on the front and side elevations as currently used in the Wood Ranch homes • Discontinue the use of wood siding and replace it with stucco Building and Lot Square Footages As seen within Attachment Number 2 (3 elevation options for each model = 9 sets of blueprints), the proposed homes are larger in size than that which was approved for Phase IV (129 Estates and 2 Classics) as part of Minor Modification Number 2 and 7; however, the lot sizes are proposed to remain the same. Analysis - Building Square Footages The square footages which were approved, due to Modification Number 2 and number of homes of each square footage, for Phase IV, were: 1,831 sq. ft. (25 units), 2,180 sq. ft. (25 units), 2,290, sq. ft. (35 units), and 2,786 sq. ft. (46 units), respectively. However, staff would like to point out that in actuality homes which are 2,410 so ft. in size instead of 2,290 sq. ft. have been constructed. The single - family home amenities, such as number of bedrooms, bathrooms, and the number of garages are comparable with the existing homes approved for Phase IV. The number of homes which are proposed to be built, 29 of each square footage, are all greater in square footage than those which were required as part of Minor Modification Number 7, as seen below: KMP- 07 -12 -94 (10:35 am) A:\WARMING.ENT\7- 20CCSF.RPT The Honorable City Council June 30, 1994 Page 9 Surrounding Uses Uses and homes surrounding the proposed project are as follows: North: Open Space - Messenger Development Project West: Residential - The Estates East: Residential - The Estates South: Residential - Surrounded by Classics, though removed by elevation and distance Building Plan - 87 -lots Warmington Homes has informed staff that if their proposed Plan is approved, construction of the 87 -lots, will occur in six phases. The phasing plan is proposed as follows: Phase 1 Numbe 1 Minor Mod. No. 7 Warmington Homes Proposal 16 units Square Footage No. of Homes Remaining to be Built Square Footage No. of Homes 5 in Completion of Phase 4 6 11 units 1,831 sq. ft. 24 units 2,180 sq. ft. 10 units 2,510 sq. ft. 29 units 2,410 sq. ft. 24 units 2,738 sq. ft. 29 units 2,786 sq ft. 31 units 2,786 sq. ft. 29 units Total: 89 units Total: 87 units less 2 = 87 units Surrounding Uses Uses and homes surrounding the proposed project are as follows: North: Open Space - Messenger Development Project West: Residential - The Estates East: Residential - The Estates South: Residential - Surrounded by Classics, though removed by elevation and distance Building Plan - 87 -lots Warmington Homes has informed staff that if their proposed Plan is approved, construction of the 87 -lots, will occur in six phases. The phasing plan is proposed as follows: Phase 1 Numbe 1 15 units 2 16 units 3 14 units 4 15 units 5 12 units 6 11 units Model build out 4 units (conversion of 3 models and parking lot) All 87 units are tentatively planned to be completed in September 1996. Warmington Homes has stated that based upon market demand, they would like a 25% flexibility to change the number of homes constructed in each Plan. For example, 29 homes are proposed to be constructed in all three Plans; 29 units / 25 % (requested flexibility) = 7 units (rounded from 7.25). Therefore, if the Council allows Warmington Homes the 25% flexibility, Warmington KMP -07 -12 -94 (10:35 am) AAWARMING.EN717- 20CCSF.RPT The Honorable City Council June 30, 1994 Page 10 Homes could conceivably build 43 of the small units (2510 sq. ft.) and 22 of the medium size homes (2738 sq. ft.) and 22 of the large units (2786 sq. ft.). Staff recommends that the applicant be given only a 10% flexibility as was proposed for Kaufman and Broad, which was considered by the Council earlier this year. Homeowner's Association (HOAI Presently, only one homeowner's association exists for the entire tract. Warmington Homes has affirmed to residents within the tract that they will keep the 87 lots within the existing homeowner's association instead of creating a separate homeowner's association for the 87 lots. Warmington Homes proposes to annex each phase into the existing Association. Each phase would be annexed no later than the first Certificate of Occupancy for a home within the phase. The Association is in agreement with the proposed timing of annexation of each phase. Commitment to Building Recreational Amenities Within the entire tract, one public park (Campus Canyon Park), two private active recreational areas and one private passive park were approved. Thus far, only one private active recreational park and the passive park have been constructed. One private active recreational facility remains to be constructed at Borges Drive. The amenities proposed within the private active recreational facility which Warmington Homes proposes to built as part of the first set of building permits, will include: a basketball /multi- purpose court, pool /spa, tot lot, picnic tables and a barbecue. The proposed amenities are consistent with the originally required recreational amenities within the park, as seen within Condition of Approval Number 25 of planned Development Permit No. 1041. Staff would like to point out that Planned Development Permit Condition of Approval Number 25 requires that a recreational amenity plan be submitted to the Director of Community Development, for review by the Parks and Recreation Commission, for the construction of the recreational facility prior to issuance of a Zoning Clearance for construction of the first unit within that phase. The condition of approval further states that required landscaping and recreational facilities shall be completed and available prior to occupancy of the 409th unit; therefore, the recreational facility would be built upon construction of the 12 unit (409 - 397 = 12), of the 87 units. Warmington Homes would like to begin building the recreational center upon City issuance of a Zoning Clearance for a building permit for the 30th unit. Further, Warmington Homes has stated that the recreational center will be operational by June of 1995. Based upon discussions with Association Board representatives, the Homeowner's Association is in concurrence with the Warmington Homes proposed recreational center construction schedule. KMP -07 -12 -94 (10:35 am) A:\WARMING.ENT\7- 20CCSF.RPT The Honorable City Council June 30, 1994 Page 11 Analysis - Recreational Amenities In order to insure that the builder complies with their promise to the HOA, staff recommends that condition no. 25 remain substantially as written. Currently the condition requires the recreational park be completed prior to issuance of a Zoning Clearance for issuance of a building permit for the construction of the 12th unit, as the condition is currently written. Also, improvements to the R -2 Recreational Center, will require the filing of a Minor Modification. Therefore, based upon staff's recommendation and the fact that subsequent to 1986 the Council stated that the Parks and Recreation Commission should not review private recreation facilities, Condition of Approval Number 25 should read as follows: The private recreational facility shall be approved by the Director of Community Development and work begun prior to issuance of a Zoning Clearance for the issuance of a building permit for the construction of the 12th unit of the 87 units to be constructed. All work on the recreational facility shall be completed prior to the issuance of a Zoning Clearance to occupy the 12th unit. Any modifications to the Recreational Center require the filing of a Minor Modification. Trim and Roof Color and Shape The proposed building and trim colors are complementary to what was approved in 1986 and modified as part of Minor Modification Number 10; the original building colors included a navaho white, navaho pink, beige, and camel beige. The building and trim color proposed includes: light browns, with dark and light brown accent trim as well as light blue trim; white /grey, with a green and white accent trim; a dark brown, with brown and green accent trim; and white /creams with white accent trim. The proposed colors do not appear to be in conflict with the building and trim colors which were built within the tract. The proposed roof title also appears to be complementary to the "S" -shape tiling that has been constructed. The only proposed roofing tile is a "S" concrete / brown color. Trail System The approved pedestrian trail system, as seen within Attachment Number 3, has not been completed. Discussions with the Campus Hills Homeowner's Association indicate that the association does not support the approved trail system for the entire tract. In September 1990, Griffin Homes and the homeowner's association worked together to develop an acceptable agreement in lieu of Griffin Homes installing the trails. As may be seen from Attachment Number 1, 3, and 4, the homeowner's association and Griffin Homes agreed to delete the proposed trail plan for the entire tract (which totaled $15,700.00 3) and use the money which would have been 3 This estimate was based upon a 1991 cost estimate. The President of the HOA has indicated that he is skeptical of the accuracy of the cost estimate based upon KMP- 07 -12 -94 (10:35 am) A: \WARMING.ENT\7- 20CCSF.RPT The Honorable City Council June 30, 1994 Page 12 spent constructing the trail system for other recreational amenities. Warmington Homes has stated that they would like to utilize the money which would have been spent constructing the trail system to improve the private recreational center; based upon staff's discussion with the association, the improvements in the aforementioned dollar amount is acceptable to the association and staff. However, if the trail is not constructed, the applicant shall plant 30 fifteen (15) gallon trees and install an approved irrigation system on the slope adjacent to Campus Canyon Park to the satisfaction of the City Manager. Landscaping and Block Walls The landscaping and block walls proposed are consistent with the approved landscape and wall plan for the tract. Minor Modification Number 5 authorized Griffin Homes to construct a slumpstone block wall with wrought iron a top; the minimum fence height approved was five (5) feet and the maximum height was six (6) feel Analysis - Landscaping and Block Walls In addition to the Conditions of Approval in Resolutions Number 86 -275 and 87 -395, staff recommends the addition of a condition of approval which stipulates that all block wall /fences be six (6) feet in height. 3. GENERAL INFORMATION Environmental Review In compliance with the California Environmental Quality Act (CEQA) an addendum was done to the Environmental Impact Report, which was certified in 1986 as part of the approval of the Development Permit Number 1041 and Tract 3963. An addendum to an EIR does not require a public hearing or public review of the environmental document. The existing site has been graded and limited public facilities have been provided to existing graded pads. In 1986, when the EIR was certified, impacts were mitigated by conditions of approval. Based upon a review of the current project, it has been determined that: a). There are no new significant environmental impacts not considered in the previous EIR; b). No substantial changes have occurred with respect to the circumstances under which the project was undertaken; and the cost of inflation and that this estimate may be the total cost to construct the entire trail system. KMP- 07 -12 -94 (10:35 am) A: \WARMING.ENT\7- 20CCSF.RPT The Honorable City Council June 30, 1994 Page 13 c). There is no new information of substantial importance to the project. Mitigation Measures As seen within the Attachment Number 5, the addendum identifies mitigation measures which are on -going and which will be required for construction of the 87 homes in completion of Phase IV. Consistent with Assembly Bill 3180 (January 1989), all mitigation measures are required to be monitored. For Major Modification Number 3, no new mitigation measures have been established because there are no new significant impacts for the current project. In 1986, when the EIR was certified, there was no requirement for a Mitigation Monitoring and Reporting Program. Fees Discussions with the City Engineer and City Accounting Department indicate that the deposits submitted for inspection of the remaining lots and plan check, as needed, have been exhausted. Therefore, if Major Modification Number 3 is approved, staff recommends that in addition to the Conditions of Approval in Resolutions Number 86 -275 and 87 -395, conditions be required for Major Modification Number 3. City Engineer and Community Development Department Conditions of Approval The City Engineer's conditions of approval may be found in Attachment Number 6 and staff's recommended conditions of approval may be found within Attachment Number 7. SUMMARY In summary, if Warmington Homes agrees with staff recommended conditions of approval (see Attachment Number 6 and 7), staff recommends that the Council approve Major Modification Number 3 to Planned Development Permit Number 1041. Additionally, please note that all of the conditions within Attachment Number 6 and 7 are the same conditions which were proposed for the Kaufman and Broad development project which was considered by the Council earlier this year. RECOMMENDATIONS Open the public hearing, receive public testimony, and close the public hearing; and 2. Adopt the attached resolution (Attachment Number 8) approving Major Modification Number 3 subject to the attached conditions of approval. KMP -07 -12 -94 (10:35 am) A:\WARMING.ENT\7- 20CCSF.RPT The Honorable City Council June 30, 1994 Page 14 LIST OF ATTACHMENTS 1. Correspondence from Campus Hills Association 2. Development Plans (Blueprints - 3 elevations, 3 product types of each elevation) 3. Trail System Map 4. October 2, 1991 Urban Strategies Correspondence 5. Addendum to the Environmental Impact Report 6. City Engineer Conditions of Approval 7. Community Development Department Conditions of Approval 8. Resolution of Approval KMP -07 -12 -94 (10:35 am) AAWARMING.ENT\7- 20CCSF.RP7 ATTACHMENT NUMBER 1 CORRESPONDENCE FROM CAMPUS HILLS ASSOCIATION AND AGREEMENT KMP -07 -12 -04 (10:35 am) A: \WARMING.ENT\7- 20CCSF.RPT Agreement Whereas Warmington Homes intends to purchase the remaining 87 undeveloped lots in the Campus Hills area of Moorpark (tract 3963 -4, PD 1041, Major Modification #3) for the purpose of constructing residential houses, and; Whereas Warmington Homes intends to seek approval of its planned residential development with the City Council of Moorpark, and:. Whereas Warmington Homes will be required by the City of Moorpark to annex all 87 lots into the Campus Hills Homeowners Association, and ; Whereas Warmington Homes is seeking cooperation and support from the Campus Hills Homeowners Association Board of Directors and general membership at municipal hearings regarding this planned development, and; Whereas Warmington Homes is seeKing approval from the Campus Hills Homeowners Association Board of Directors .end general membership for its annexation of the planned development, and; Whereas the Campus Hills Homeowner s Association Board of Directors wish to cooperate with Warmington Homes based up( >n the conditions set forth herein and to the extent that they are empowered to do so, d. Whereas the Campus Hills Homeowners Association, as required by its governing Declaration of Covenants, Conditions and Restrictions (commonly known as CC &R's), must affirm any proposed annexation of the Warmington Homes planned development project by a two- thirds (67 % i ni.i ority vote of its general membership; Warmington Homes ( "Warmington' and the Campus Hills Homeowners Association ( "CHHOA ") have hereby consider d and agree to the following: Warmington Homes and Campus Hills HOA Agreeme; July 5, 1994 1. Annexation to the Existing Association; Warmington agrees to annexation of all remaining 87 homes into the CHHOA This will be done sequentially through six construction phases, with each phase involving approximately 15 lots. The CHHOA Board of Directors, or two of its designates, shall inspect, approve or disapprove the common area improvements of each phase as described herein coincident with inspection for the "Zone Clearance for Occupancy" on the first house of that phase. Each phase will be annexed into the CHHOA provided that the common area improvements have been approved by CHHOA prior to the close of escrow for the first house of that phase. Assessments for all lots in an annexed phase become payable upon the close of escrow for the first house of that phase. CHHOA will be named as an additional beneficiary under any common area completion bonds which the city may require to guarantee completion of these common area improvements. 2. Common Area Landscaping and Fencing: Warmington will complete all common area landscaping, private slope landscaping, front yard landscaping and slumpstone wall /wrought iron fencing per Landscape and Fencing plans by Lee Newman & Associates and described Sheets LC 1, 2 & 3; LI 1, - :� 3; LP 1 2 & 3; LD 1 & 2 dated April 13, 1990 and as approved -)y t, . Ciry 4/13/90. Sheets (Recreation Center; 1A 1; 1_I 1; LP 1; LD 1,2 & 3 drawn 4/90 with City plan check correctior , (Delta #2) dated 7/19/90. The installation of all common area landscaping, private slope landscaping, fencing, walls and front yard landscaping for each construction phase are to be completed before or coincident witf the "Zone Clearance for Occupancy" inspection required for the first house: of that phase. Front yard landscaping shall consist of hydroseed lawn, supple sting irrigation, and one or two trees per lot consistent with city requirements Warmington Homes and Campus Hills HOA Agreemc July 5, 1994 3. Substitution of Trail System: CHHOA requests that Warmington not install the Trail System. In lieu of the Trail System, Warmington shall provide approximately $15,700 of additional amenities to the Recreation Center (identified as "R -2" pursuant to tract map 3963 -4B). The modifications to the Recreation Center shall include enlarging the existing building to incorporate a meeting room large enough for social functions (safe occupancy of 25 people, minimum) and will include minor amenities as requested by the CHHOA to the remaining extent of funds available (such as wet sink area, refrigerator, and air conditioning system). The CHHOA will have the right to examine all bids, books, and records which verify funds expenditures pertaining to this Recreation Center modification and to modify their requisitions for amenities accordingly. 4. Completion of Pool /Recreation Area; Warmington shall construct and complete all the pool and recreational facilities initially planned for this area and shall allow these facilities to be annexed into the CHHOA coincident with or before the issuance of a "Zone Clearance for Occupancy" for the first house of the third phase of construction. Due to maintenance/ security issues and the financial burden to CHHOA, the CHHOA and Warmington do not wish to have these facilities completed until the completion of the second phase. The first house of this third phase, or approximately the 30th lot of the 87 to be constructed, has a target completion time period of the Spring of 1995, but in no event should be completed later than June 1, 1995. It should also be noted that after the first two phases are completed and annexed into CHHOA, the parties both agree that there will be free access by existing CHHOA members to the pool and recreational center through Heron Drive, separated from the construction traffic and area. (See attached gnat ).1 5. Substitution of Floor Plan s /Elevatio,ns: Warmington proposes to build three floor plans of approximately '510 ft', 2738 ft, and 2858 ft`. The homes proposed were built by Warmington at their "EastRidge" project in Wood Ranch and Board members of the CHHOA recently toured their model homes. The CHHOA Board is please: °d with the appearance of these homes with one exception: the front elevation nclude masonry veneer and wood siding. Warmington agrees to convert tho sc° exte ,,rior .;levations to the existing stucco elevations and color palev.e >f tree Campus Hills community. Warmington Homes and Campus Hills HOA Agreement July 5, 1994 6. Roof Tile: Warmington has stated their strong preference to use concrete "S" roof tile instead of clay "S" roof tile. The concrete "S" tile is preferable for less breakage, it absorbs less water which puts less strain on the roof, and can be repaired much easier than clay "S" tile. CHHOA supports the use of concrete "S" roof file consistent with the profile and color of our surrounding Campus Hills communit %) Both parties to this agreement acknowledge that some points of agreement contained herein may also be subject to City Council approval. Both parties to this agreement request that the City Council of Moorpark make these points of agreement contained herein part of the conditions of approval for Major Modification #3 to Planned Development Permit #1041. Agreed this day of July 5, 1994. Agreed by: Charles J. Fu President, North Counties Division Warmington Homes Agreed by: Steve C rr, Presic Cam Hills HO — - Lina C.'ampu, Hilfs HOA Sandy Wellen, Treasurer Campus Hills HOA Sonia UgaJ�ec�etary Campus HA Hedwig Gibson, B ardmember Cam s Hills HOA chael Leckrone, Boardmember Campus Hills HOA Ted M Campus Hills HOA ATTACHMENT NUMBER 3 TRAILS SYSTEM MAP KMP -07 -12 -94 (10:35 am) AAWARMING.ENT17- 20CCSF.RPT PECAN AVE —, COLLEOATE CIRCLE Z,.-. % 264 aoe 2s6 ao 21re ao1 2e1 301 nra aos 304 aoa ELEMENTARY SCHOOL SITE ao2 301 300 See s6 6 ►� s e ►► t ►2 a0 ►� as 21 ►° a1 1e a6 M •6 e 7s 'LO s 1 i 10 Z 7 a6 p ,6 n3 as 1 ro r n z N 764 0 ]66 7e /� X67 7p6 764 ° 762 761 767 76 H �7 je+ 76 762 797 C 7e0 t 76 7t+ 766 760 r X10 76° 166 H 7p6 71 a16 60 z z 761 �1 716 p 7 T►VE C1i D 7 76 PARK j° 7p6 11° N 71p '006 4 10 76a 716 7 6000 0 0 • A'5 50 p0 466 ► ►�° 001 '102,2 0000 �9 00•• ITI 6+ j0► ► ►• ►0, 9 9e•0 0700 1� °0 0 \ H o SOSNA -_ ` \ !v L y , °7a a►e1 cO 0 1,0 ►�OP` Oho° ' °,�4 \z ,� 7 116 11► .� 10e �,O p •� G ► °• 6O e1 • ! ► CT 0 +20 1 e 7 t00 00 P 00 0 e° 9�' ► b° 0,�1 01 ObVb ' 06`61 0970 011 ►110 P °,► ✓ 6 J N ^, .10 t1► .1 t t t t _... ___. 6 + p0 . 61 ► y'! 0 00► 010 0 1� a +6 t21 e- abby )a -'b� a0'1', a1 o a22 ► ORIFFITM ..t7 o �0� Y_ 01 ► a1 421 atT 71 LANE \ l %• 7p /1 ,C 0� - - 4ai 420 12 214 \ • + 416 a16 ttt STANLEY T.ILO CEET i�e♦ r4t 01 ac % °•6� ! / FRE9MU �� 710 }f1� r`'JRADVAT[ COURT t t.4-\ _ 1 f�♦ / ► \' r 20e COU11f b 4a '? is e 1 Oql a i 6OORE 0 ,62 0 0 ► COURT 2 206 226 r PUBLIC PARK � r � +� • P ACT1V8 ' COLONS e'te4. • O .a�,y e t 202 PARK t21 2 22 e O ► t j4 a + 20 22S �. r , ,. tN +6► t• ' � 20° 264 1 PADSII/E +62 t0 22e / PARK 111 162 tS6 tet • 2p0 !Sa / is • tao � �;�6 a trs u1 1ss s wo 1sT 21° ���J •a 116 160 161 tee 212 r 214 Jep +, 1 tss 10• 21+ i aA DRIVE 0 161 to 11 • e:ll• ?d TROLLOPE C' 1 °• 2 'fe le be Jae JJ 1e• 2 •1 2 et ��� a ,e° 1 _� 1 _.• _J�e 10_ o. It �! Jr J J, �e J.e'� ATTACHMENT NUMBER 4 OCTOBER 2, 1991 URBAN STRATEGIES CORRESPONDENCE KMP -07 -12 -94 (10:35 am) A:\WARMING.ENT17- 20CCSF.RPT UrbanI__ Strategies 2509 E. THOUSAND OAKS BLVD. • THOUSAND OAKS, CA 91362 • (805) 494 -1336 October 2, 1991 Mr. Steve Kueny, City Manager City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Subject: Trails — Campus Hills Dear Steve: Thank you for setting the meet:.ng for October 9th at 5 :30 PM, Jim Keenan, Association Manager, has notified members of the HOA and there seems to be no con•'.icts. Enclosed is a copy of a bid in is the bid which was discussed September 24th. The Board ha�3 prefer Griffin Homes install: the same size as the one now u park at University and Collins, the amount of $15,700.00. This with the Association Board on list of improvements they would ch as, the second pool to be =a� E'.r a' ion, improvements to the C. The trails came about at the ,r -quest of the Parks Commission and were intended to be more itural than what has involved. I can recall many discussions wit the Parks Commission, Planning Commission and Council primari y relating to the parks use. Since there is no desire on the art'. of the homeowners, it seems reasonable to spend the dollar -� will be more enjoyed. i�cerely, $1 ine L Freeman EL :dr cc: Jim Keenan Paul Griffin, II.I Encl. CITY or- ATTACHMENT NUMBER 5 ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT KMP -07 -12 -94 (10:35 am) A:IWARMING.ENT\7- 20CCSF.RPT MOORPARK 799 Moorpark Avenue M )orpark California 93021 ADDENDUM (805) 529 -6864 TO THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR TRACT 3963 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT 1041 SUBJECT: On June 14, 1994, Major Modification Number 3 to Tract 3963 - Phase 4, Residential Planned Development Permit Number 1041 was filed with the City of Moorpark on behalf of Warmington Homes, for the construction of 87 single - family homes on Lots 376 thru 443 and 466 thru 484. The project site is located within the Campus Park area, north of Mallory Court, south of the City limits, west of University Drive and east of the City limits. I. PROJECT DESCRIPTION: In 1986 approval was granted to Griffin Homes for the construction of 484 single - family homes; said development is referred to as Campus Hills. Of the 484 single- family homes approved to be constructed, 87 single - family homes within phase 4 (see attached map) remain to be constructed. A total of 29 homes will be constructed in each of the following square footages: 2,510 sq. ft., 2,738 sq ft., and 2,858 sq. ft. in size. II. ENVIRONMENTAL SETTING: Within the Campus Hills Tract (Tract 3963), 397 homes ranging in size from 1,054 to 2,786 square feet have already been constructed. The subject site has been graded, and limited public facilities have been provided to existing graded pads. KMP- 06-30- 94(11:30 am)AAWARMING.ENT\ADDENDUM.RPT PAUL W. LAWRASON JR. PATRICK HUNTER JOHN E W >ZN[AK Mayor Mayor Pro Tern Conaim 'be' BERNARDO M. PEREZ SCOTT MONTGOMERY Councilmember Councilmember Printed an Recycled Paper Addendum to the EIR for Tract 3963 and PD 1041 June 30, 1994 Page 2 III. DETERMINATION: Based upon a review of the current project, it has been determined that: a). There are no new significant environmental impacts not considered in the previous EIR; b). No substantial changes have occurred with respect to the circumstances under which the project was undertaken; and c). There is no new information of substantial importance to the project. Therefore, in accordance with Section 15164 of the State of California Environmental Quality Act (CEQA) Guidelines, this addendum has been prepared for the proposed modification. No public review of the addendum is required. IV. ON -GOING MITIGATION MEASURES AND MONITORING: A Mitigation Monitoring and Reporting Program was not required when the original project was approved in 1986. However, in compliance with Assembly Bill 3180 (Mitigation Monitoring and Reporting Program) a monitoring program has been created for mitigation measures which are on -going and which will be required for construction of the 87 homes in completion of Phase IV. For Major Modification Number 3, no new mitigation measures have been established because there are no new significant impacts identified for the current project. The on -going mitigation measures which are conditions of approval for the proposed project are listed by number below and correspond with the attached conditions of approval. KMP -06-30- 94(11:30 am)A:IWARMING.WN ADDENDUM.RP1 Addendum to the EIR for Tract 3963 and PD 1041 June 30, 1994 Page 3 Tract Conditions 38, 54, 73, 77, 78, 79, 80, and 83, as Mitigation Measures Monitoring: 38. Prior to issuance of a certificate of occupancy for the first unit on Borges Drive, a sign shall be posted, in the following locations: a. On the westerly end of Borges Drive; b. At the northwesterly intersection of Imbach Place and Borges Drive; c. On the southeasterly intersection Harte Lane and Alumni Way. Said sign shall indicates a Class III bikepath and the final location shall be approved by the Director of Community Development, 54. Prior to energizing of the street light system for the streets not yet energized, the developer shall agree to pay all energy costs associated with the street lighting for a period of one year from the initial energizing of the street lights. 73. Prior to issuance of a Zoning Clearance for occupancy of any unit within each phase of construction, all street signs shall be installed. 77. Prior to issuance of a building permit for any unit within each phase, all brush exposing any structures shall be cleared for a distance of 100 feet. 78. Prior to issuance of a building permit for any unit within each phase, an approved spark arrester shall be installed on the chimney of any structure. 79. Prior to issuance of a Zoning Clearance for occupancy, all address numbers shall be installed and shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set -back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address numbers shall be posted to the driveway entrance. KMP -M30- 94(11:30 am)A:IWARMING.ENTVIDDENDUM.RPT Addendum to the EIR for Tract 3963 and PD 1041 June 30, 1994 Page 4 80. Prior to issuance of a building permit for any unit within each phase, all structures which are in a hazardous fire area, shall meet Fire Zone 4 building code requirements. 83. Prior to issuance of a Zoning Clearance for occupancy of any unit within each phase, a 100 foot buffer zone shall be established and maintained between the dwelling units and open space areas. Planned Development Permit Number 1041 Conditions 14, 15, 16, 17, 18, 19, 20, 23, 25, as Mitigation Measures Monitoring: 14. Prior to issuance of a Zoning Clearance, the building plans shall be submitted for review and approval by the Director of Community Development so that a variety of unit placement is ensured. 15. Prior to issuance of a Zoning Clearance for construction of the Warmington Homes' project, a landscape plan shall be submitted for review and approval by the Director of Community Development. 16. Prior to issuance of a Zoning Clearance for construction of each phase, a fence plan shall be submitted for review and approval by the Planning Commission, 17. Prior to issuance of a Zoning Clearance for construction of each phase, a mail box plan shall be submitted for review and approval by the Director of Community Development and Moorpark Postmaster. 18. Prior to issuance of a Zoning Clearance for each phase of construction, said building plans shall be submitted for review and approval by the Director of Community Development in compliance with conditions 1 -7 listed under 18. 19. Prior to issuance of a Zoning Clearance, plans demonstrating how gutters and downspouts will be provided over all garage doors and front entryways, unless covered, shall be submitted for review and approval by the Director of Community Development. KMRO6 -30- 94(11:30 am)AAWARMING.ENTIADDENDUM.RPT Addendum to the EIR for Tract 3963 and PD 1041 June 30, 1994 Page 5 20. Prior to issuance of a Zoning Clearance, building plans shall be review for compliance with the required 20 foot front and rear yard setback. 23. A Zoning Clearance shall be obtained, prior to construction of any Model Home within the Tract 25. Prior to issuance of a Zoning Clearance for each phase of construction, a plan shall be submitted, reviewed and approved for the completion of the private active recreational facility on Borges Drive. All conditions of approval for Tract 3963 (attached) and as approved through previous modifications, shall be made conditions of approval on the tract to ensure that visual, environmental, circulation, and land use impacts are minimized. Findings were adopted when the original EIR was certified. Additional findings are not required. e R. Aguilera t Director of Community Development Attachments: e Date Map of remaining homes to be constructed as part of Major Modification Number 3 Original Conditions of Approval for Tract 3963 and Planned Development 1041 KMP -M30- 94(11:30 am)A:\WARMING.ENTWDDENDUM.RPT RANCHO SIMI POR TRACT J Q Tax Rate Area 10023 514 —3 6 A 386 O T .1:110( O385 387 C�a ll 1 788 7P? C7 ^•�)� , / (III I I 384 'iD' 4'''`�r r9c ,. 31 •io. B . � 364 363 ID 361 365 13 29 381 \..� 1: 380 366 f4 28 � .�,. IS O 27 379 ,.� -m;'� 352 'O 367 378 \�� •'� ■�a 368 369 16) 370 / /9 r') ^ Qe.. ^•pzc.,,. 37r M �yy. / ® 443 E•N[to' 363 Q44 t b. 3rz 2I �� `I 442 441 �'r}- 373 O 440 10 362 b'ot..� 371 {ii.. �A,. !O II 479 438 4 3 361 12 3T 5 O ] n O 360 13 14 f5 E "Q•sy� O 359 °'�. 363 N y P e 358 ; 357 / ° ��� �I 71 /�� I 38 O 356 4. >., O \J `% 3 O O 35.5 a46 44T 448 �, � 449 450 451 452 O354 TRACT @) 3963 -1 wlJ•9/J�'yp'N . •��.. + . , COL R7 - 9E5 °�.._ wn'9'�rrw 39 O 1 11C 343,, ) ( 36,'/ 461 460 459 45s CITY OF MOORPARK Ventura County Assessor's Ma .. .. Acutaory BIDCM PAL Ai M r�� SM.n nE1CrCUL S/:o.n n Sauorea 7=• DRAWN D.T CHECKED REDRAWN DATE r..wOT[ASTES30R PARCELS 31gWw Ow rws PAGE INKED DX 90 -9/ .. W IRI MCESSVIILY UDIISTI1l/1E IEGK EOTI EFFECTIVE _ ROl Por. Tract 3963- 4,MR.8k.I16, Pg. 88. per «"TM COUNTY wimirfo�s OFFICE oR PREVIOUS BK. Soo. PG. 29. �1w�G Dr S TO VERi{y. Compiled By Vcnlum Cowry Aucs Office RANCHO SIMI F'CR TRA("T Bk SOI� Tar Rate Area '0023 13 / ,� f4 -� 403 1 404 (5 J 05 -30 405 16 ) 17 C7 406 IB 407 Porcel OS-31 I !9 408 409 10 C> �� (�: I (2 4 it \ f „ ° >ar 4 412 IAY �TK,• I 402 414 401 \ / 5 400 _ +:er�C O O 399 Ma��M ;,�...,�....�/ 415 10 11 1, 398 3 _ .•\m p ` �,1 26 .r 426 ` �.r ... 416 OI z \L cam. 425 397 O T — 24 392 Q <23 ` �F 417 393 O 394 �f . (..i3� 422 a >4,TO 395 <. 421 418 O �TS•j >Za..y '� 420 441 a4c RIvE O 439 7-- 4 9 439 437 P O \ Pr el CS -32 Z 2 soy Por. Tract 3963 -4, M.R.Bk.116, Pg. 88. 514-37 1 "• IO( NZT•24$YM a[04' TRACT 3963 -2 N2e•ZT�111�' u4o' N2YSYoY• ss sY Nf,Ve� sz4 Nz CITY OF MOORPARK Venturo County Assessor's Mop Aaesssooes De`sn Sin _ „ c�.u:x AssessoA MnerW NwnDert Sf1on� n Sou4rn DRAWN D.T CHECKED �� KeN uflawN ON Mf�acF IFGK LOii REDRAWN DATE INKED D.L EFFECTrvE9 =9 POLL ME« ..rh C«MT`/rtViF sVevFV«rf OFTIQ Oe elAlesrG LMYIfgN 10 YERIiV. PREV10U5 BK. 500, PG 28. —.— Compiled By VMWTo Ceun1T Assessor, Office RANCHO SIMI POR. TRACT Tax Rate Areo \ z 10 023 38I va 0� vK •�� 397 P( d5 5 458 'L © 4 4 33 i 457 OG L 452 433 O rl 456 453 C27) 434 23 r28 433 ' �-- .� O,u 0 ass 28 __ d7-I (29i 43z '`� 429 k. \ \\ Q l 383 430 4 Pwcer 0:3- -3. C: (16 -- 431 C5) 469 382 14 470 17 �w 13 471 f 468 12 472 F.e�O 467 0 I I 473 \- o1a 471 '16 466 } 475 483�� 476 GPorcel OS -3: 481 482 O 484 2 � 477 O 480 / 478 479 O 514 -38 moo. 37) CITY OF MOORPARK Ventura County Assessor's Mop. �ssris'c res•n'nY � �� �n,ceY ■4s•nsisY zzasr' Asses4o ,' BbcY % y Assuaors PorC�l ='^ERiciss. - (TY„J, ,y{ 2 y� / ssessor`s Mnrd MuM4rs s+�o.n n sa�orst F• 27 163 � AD I (j I t9 3y� 2S RPREVIOUS D.T. CHECKED TRACT 3963 -2 V POr. Tract 396 w,[: ASSESSORr D.T. EFFECTIVE 90 =91 ROEL 3 -4, MRBk /16, P«s o�„a« „e�.�E g. BH ro tKl2 ne�swa�rcoearrtvr[ IECU ion. HK, soo, lYi. 28. By Venfwo Counts Assess[cs Oflice A STREET NAMES WHEN APPROVED AND INSTALLED OLD NAME NEW NAME WHEN APPROVED INSTALLED Pecan Avenue Pecan Avenue "A" Street Collegiate Circle "B" Street Monroe Avenue "C" Street Hearon Drive Collins Drive Collins Drive 1 st Circle Stanley Court 23rd Circle Sosna Court 2nd Circle Thionnet Place 3rd Circle Bitner Place 4th Circle Mahan Court 5th Circle Rains Court 6th Circle Seitz Court 7th Circle Braun Court 8th Circle Mallory Court "D" Street Borges Drive 9th Circle Alumni Way 10th Circle Harte Lane 11th Circle Irnbach Place 12th Circle 1 rollope Court 13th Circle Borges Court 14th Circle f==reshman Court 15th Circle Sophomore Court 16th Circle Griffith Lane 17th Circle (�araduate Circle 18th Circle Swift Place 19th Circle Milne Circle 20th Circle Lyle Place now Shakespeare Place 21 st Street Doris Court "E" Street University Drive 0 RESOLUTION NO. 86 -275 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN OF SAID CITY BY APPROVING GENERAL PLAN AMENDMENT NO. GPA -85 -1; APPROVING TENTATIVE TRACT NO. TR -3963; AND APPROVING RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. RPD -1041, ON APPLICATION OF GRIFFIN DEVELOPMENT COMPANY. WHEREAS, at duly noticed public hearings on October 10 and 16, 1985 the Moorpark Planning Commission considered the application filed by Griffin Development Company for approval of the following: ° General Plan Amendment No. GPA -85 -1 - An 'Amendment to the Moorpark General Plan (Land Use Element) to redesignate approximately 253.7 acres from Rural High Density Residential (one dwelling unit per acre) to Medium Low Density Residential (2.6 dwelling units per a +ire average); ° Zone Change No. Z -2801 - A zone change of the property from "R- E -lAc" (Rural Exclusive, one acre minimum) to "R- P -D -2U" (Residential "lanned Development, two dwelling units per acre) ; ° Tentative Tract No. TR -3963 - A tentative tract map to subdivide the property into 484 single family lots, 5 estate lots, and park and school sites; and ° Residential Planned Development Permit No. RPD -1041 - A residential planned development permit for the construction of the single family units said property being located north of Campus Park Drive, north of the present terminus of Collins Drive, adjacent to and northwest of Moorpark College, in the City of Moorpark, and encompassing .-"assessor Parcels Nos. 500- 28 -87, -88, -89, 90, -91, -40 and 500- 42 -27; and WHEREAS, after careful consideration, the Planning Commission reached its decision in the matter, as set forth in its Resolution No. PC- 85 -65, adopted November 14, 1985, and has recommended approval of all of the foregoing entitle- ments for which application had been filed by Griffin Development Company; and WHEREAS, public notice having been given in time, form and manner as prescribed by law, the City Council of the City of Moorpark has held a public hearing, has received testimony regarding said property, has duly considered said proposed entitlements, and -has reached its -decisiotr; and WHEREAS, the City Council ,- af`ter careful review and - consideration,_ has certified that the environmenTal effects are adequately addressed in-the Environmental Impact Report prepared for the project, and, pursuant to Sections 15091 and 15092 of State CEQA Guidelines has fot.ind that the proposed project, I with modifications presented and with conditions approved by said Council, adequately mitigates the significant environmental impacts of the project addressed in the Environmental Impact Report; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the findings contained in the staff reports dated October 10 and December 2, 1985, and January 6, 1986, are hereby adopted, and said reports are incorporated herein by reference as though fully set forth. SECTION 2. That the City Council hereby approves General Plan Amendment No. GPA. -85 -1 on application of Griffin Development Company, and does hereby amend the Land Use Element of the Moorpark General Plan to redesignate approsimately 217.4 acres from Rural High Density Residential ( one dwelling unit per acre) to Medium Los Density Residential (2.6 dwelling units per acre average) and approximately 36.3 acres from Rural High Density (one dwelling unit per acre) to Open Space (10 -40 acres per dwelling unit) , on property located north of Campus Park Drive, north of the present terminus of Collins Drive, adjacent to and northwest of Moorpark College, in the City of Moorpark, as designated on the map attached hereto, marked EXHIBIT A and incorporated herein and made a part hereof, which amendment is General Plan Amendment No. GPA -85 -1. SECTION 3. That the City Clerk is instructed to transmit to the planning agency of. the County of Ventura a copy of this amendment to the Moorpark Land Use Element. pursuant to Government Code Section 65360.• SECTION 4. That Tentative Tract No. Tr -3963 and Residential Planned Development Permit No. RPD -1041 are hereby approved conditionally, subject to compliance with all the conditions attached hereto, and does hereby find, determine and resolve that violation of any of such conditions shall be grounds for revocation of said permits SECTION 5. That this resolution shall take effect immediately. SECTION 6 . That the City Clerk shall certify to the passage and adoption of this resolution. PASSED AND ADOPTED this 18th clay of February, 1986. ATTEST: -- Ma of the City of Moorpark, California STATE OF CALIFORNIA ) COUNTY OF VENTURA ) Ss. CITY OF MOORPARK ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 86 -275 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 18th day of February 19 86 and that the same was adopted by the following roll call vote: , AYES: Councilmembers Woolard., Prieto, and Mayor Weak; NOES: Nona; ABSENT: Councilmember Yancy - :Sutton; ABSTAIN: Councilmember Ferguson. WITNESS my hand and the official seal of said City this 18th day of February 19 86 , City e STATE OF CALIFORNIA ) . _ COUNTY OF VENTURA CITY OF MOORPARK ) I, Maureen W. Wall City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 86-275 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 18th day of February lg 86 and that the same was adopted by the following roll call vote: AYES: Councilmembers Woodard, Prieto, and Mayor Weak. NOES: Councilmember Ferguson. ABSENT: Counci lmember Yanc„- Sutton WITNESS my hand and the official seal of said City this 10th day of February lg 86 NOTE: The original certification sheet attached to Resolution No. 86 -275 incorrectly recorded the vote cast: on this resolution. This certification sheet is intended to correct this error. ,..) � r r i �, ♦ •:`1 ; t ngii 'J: �l' 1 ���1� -��. � -! � •mot �- � ,_� _ ,, � - a :`' ' •�'3:�/ -� \.• .t r a:�y;.3,:% ��. •'off_ � ' .` (2.6 DU /AC) hs 1 . a?r. " f :i :•:.: tir /. !� �.� 1 n 2000 �: u --' \ \;.., .;z • _ . r• ° /lam .�5:. PECAN AVE. COLLINS CAMPUS P rRK DR. DRS PRINCETON j ..AVE. LOS \' VIEW ANGELES AVE. AVE, t �: ` .�'" : — i �J�J %_• _ we116 , VALLEY FREEWAY / YTfg7 ) w �F G r :� tee.' _ — •/�. well - IJa��18 r, �1 PpC :lts —��'�- � ` -�� J OS` ` .. � -i• �l •!��' r` =` , � ..� �, by •1,yG =� a � �� -- �... V•_�' `�:`- ^vim\., =�`i GENERAL PLAN AMENDMENT NO. GPA -85 -1 - —__ APPROVER FEBRUARY 18, 1986, by RESOLUTION NO. 86- 275 EX.-� Q 9T _.. -- - -_ _ } CONDITIONS FOR: Tentative Tract Map, No. 3963 CITY COUNCIL RES. NO. 86 -275 FEBRUARY 18, 1986 COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS: APPLICANT: Griffin Development Company PAGE: 1 of 15 1. That the conditions of approval of this tract map supersede all con - flicting notations, specifications, .dimensions, .typical.sections and the -like which may-be-;shown_ pn said map and that all of the provisions of the Subdivision Map Act, City of Moorpark Subdivision Ordinance, and adopted City policies apply. 2. That all requirements of any law or agency of the State, Ventura County, and City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become condi- tions of this entitlement. 3. That no condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, tho stricter ones shall take precedence. 4. That if any of the conditions or limitations of this entitlement are held to be invalid, that holding shall not invalidate any of the remain- ing conditions or limitations s,>t forth 5. That no zoning clearance shall be issued for the companion entitlement until each phase of. the final map that includes the units for which the clearances have been requested has been recorded. Prior to construc- tion, a zoning clearance shall be obtained from the Community Develop- ment Department and a building ;-)ermit shall be obtained from the Build- ing and Safety Division. 6. That applicant agrees as a condition of issuance (or renewal) for.the use of this permit, to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit, or in the alternative, to relinquish this permit. Applicant will reimburse the City for any court costs avid /or attorney' a fees which the City may be required by a court to pay as a result of any such action. City may, at its sole discretion, participate in the defense of any such action, but such participation shall , -,,,?t :relieve applicant of his obligations under this condition. 7. That applicant's recordation of this map and /or commencement of con - struction and /or operations as a result of this map shall be deemed_ to be acceptance by applicant of all conditions cf this map. B. As of the date of recordation,, of the final map, the lots depicted - thereon shall meet the requireme=nts of the zoning ordinances and General Plan then applicable to the >prar t.. Compliance with this condition 59018B/E -1 - CITY COUNCIL RES. NO. 86 -275 FEBRUARY 18, 1986 Page 2 of 15 shall be required even if the zoning and General Plan requirements in effect as of the date of recordation are different from those in effect as of the date the tentative map is conditionally approved. Conditional approval of the tentative map shall neither limit the power of the legislative body to amend the applicable zoning ordinances and /or General Plan nor compel the egislative body to make any such amend- ments. 9. That the single family portion of the project shall be subject to all applicable regulations of the "R- P- D -2.5U" (Residential Planned Devel- opment, two and one -half dwelling units per acre) zone. The area shown as estate lots and Open Space 1,ot 492 on the tentative map shall be sub- ject to the applicable regulations of the "O -S -1" (Open Space, 10 to 40 acres per dwelling unit) zone. 10. That all on -site utilities shall. be placed underground. 11. That prior to obtaining a grading permit, grading plans shall -be sub- mitted to the Community Development Director for approval to'ensure that they meet with the intent expressed in the tentative map and architect's conceptual. plans. 12. That prior to issuance of a clrading permit for Phase I, the developer shall obtain the appropriate permits for construction within all the on -site "blue- line streams from the State Department of Fish and Game. Copies of these permits shal be provided to the City Engineer and Community DeVe,lopment Director 13. Prior to recordation of Phase I, a Homeowner's Association shall be created. Copies of the By- laws,, Covenants, Conditions, and Restrictions (CC and Rs) shall be submitted to the Community Development Director for approval. The purpose of the Homeowner's Association shall be to over- see and maintain the on -site private recreational facilities (Parcels R -1, R -2, and R -3); the open space area within Lots 490 through ...495x_ and 5A; the pedestrianY hiking trail within the open space areas the man- made slope adjacent to and west of the school site; on -site drainage facilities, with the exception of the County Flood Control District channel; the secondary access :between Pecan Drive and 5th Circle; and to review any construction of accessory structures, patio covers or remod- eling within the project for its architectural compatibility with the existing units. Lots 490 through 495 and 5A shall be dedicated to the Homeowner's Association, and shall be preserved in undeveloped open space. No motorized vehicles shall be permitted on the pedestrian/ hiking trails. The secondary access road between Pecan Drive and 5th Circle shall be gated at botl, ends and shall have chainlink fencing along both sides. The locatiot of the fencing shall be approved by the Community Development Director. These responsibilities and restrictions shall be indicated _in the CC a, „d Rs. Upon approval-by both the Commun- - ! ity - Development Director and State Department -of Real—Estate, the C'C and Rs shall then be recc)rde I. 14. That City Assessment District !a:;. Es5 -1. shall provide for the maintenance of all on -site open space ace tom r_e activated as necessary at the 59018B/E -2 CITY COUNCIL RES. NO. 86 -275 FEBRUARY 18, 1986 Page 3 of 15 City's option, should the homeowner's association not maintain these areas in a satisfactory manner. Total cost of the maintenance shall be borne by the lot owners within Tract 3963. Prior to recordation of each phase, the subject area shall b,,e annexed to the assessment district. 15. The tentative map shall expire three years from the date of its approval. Failure to record a final map with the County Recorder prior to expiration of the tentative map shall terminate all proceedings, and any subdivision of the land shrill require the filing and processing of a new tentative map. 16. If the tentative map is recorded in phases, then it shall be recorded in the order of phases shown on F *chibLt 17. That at the time water service connection is made, cross connection con- trol devices shall be installed on the water system in accordance with the requirements of the Ventur,I County Division of Environmental Health. 18. Prior to recordation of the Linal map for each phase, the developer shall obtain a "District Release" from the Calleguas Municipal Water District indicating financial arrangements have been made for payment of the District's Capital Constru tion charges for that phase. 19. Prior to recordation of the final map for each phase, an "Unconditional" Will -Serve Letter shall be obtained from County Waterworks District No. 1 for sewage and water service for each lot created. Said letter shall be filed with the Community Development Department. If said "Unconditional" Will -Serve Letter in A form satisfactory to the City cannot be obtained from the ounty Waterworks District, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement wi.l permit deferral of the unconditional guarantee for sewer and water service until issuance of a building permit_ for each lot in the sub- _iv i .,� IC 'M 20. That the developer shall• con-, trucrt aiy necessary lot -to -lot drainage facilities, including brow ditch arid slope bench drainage channels, with a permanent earthtone colors; so as to minimize visual impacts._ Said colors shall be submitted in conjunction with the grading plans for each phase of the final map, and =_hall be ipproved by the Director of Com- munity Development. 21. That in order to reduce the visual impacts of on -site grading, the developer shall construct all slopes with a "rounded -off" top and toe and shall blend graded slopes in with natural slopes. 22. That a slough wall shall be (>;)nstructed adjacent to the slope east of Collins Drive, and other slop +a areas, as determined necessary by the Director of Community Developm *rit - - _ 23. That prior to recordation of- t_._ne final map for-Phases I, II, and IV, the oil drilling easements within those phases shall be relocated to loca- tions where they will not into ferf� with developed areas or streets, or 59018B/E -3 CITY COUNCIL RES. N0. 86 -275 FEBRUARY 18, 1986 Page 4 of 15 shall be eliminated from the }:roperty, as approved by the Director of Community Development. 24. That if archaeological or historical artifacts are uncovered during grading operations, the developer shall ensure the preservation of the site; shall obtain the services of a qualified archaeologist to recom- mend proper disposition of th+ site; and shall obtain the Community Development Director's writter, concurrence of the recommended dis- position before undertaking development 25. That during grading of on -site roads and 'building pads, regular watering of unpaved areas shall occur tc reduce fugitive dust emissions. 26. That the following measures shall be completed by the developer to miti- gate the air quality impacts of the project: a. Construction of two bus Turn -outs along Collins Drive to accom- modate any future extensac of transit service. b. Construction of -a Class bake pane east of the Collins Drive right -of -way to encoura(: t icyc., ie transportation to Moorpark College. C. Prior to recordation of they final map for Phase I, contribution of $10,000 to Commuter Compute r to fund the formation of carpools. 27. That in conjunction with the recordation of Phase I, an approximate 6.0 acre park site in the location shown on the tentative map shall be dedicated to the City to partially meet the requirements of the Moorpark Municipal Code, Sections 8279 -4 et. seq. The size of the park shall permit no overlap .between a standard size soccer field and softball/ baseball diamond with a 240 foot outfie;td radius. Lots 486 through 489 shall be eliminated. Some or x111 of these lots may be relocated south of 1st Circle, if 3 park site of. approximately 6 acres can still be pro- vided. The improvements identified ira Section 8297 -4.3 of the code shall be required of the developer. At the City's option, any remaining land dedication requirement shall be met by the developer with one of the following: a) payment of in-lieu fees; b) improvements to the park pursuant to the development E,' on apprc' °.red by the City; or c) a combi- nation of a and 13 above. 28. That prior to issuance of the Lirst zone clearance for Phase II, a park development plan prepared by the- developer shall be approved by the City Parks and Recreation Commission. The plan shall indicate the recrea- tional facilities to be provided by the developer. Prior to issuance of the 181st zone clearance, the developer shall enter into an agreement with the City for completion of the facilities, including one year main- - tenance of the completed park, and construction shall commence. -Prior to issuance of the 245th zone clearance„ the park improvements shall be completed and the park opened tf the pu lJc. - 29. That Lots 271 through 274 shah: be redesigned to conform in size with the adjacent lots and to elimir -.e thcair ;flag accesses, if feasible. 59018B/E -4 CITY COUNCIL RES. NO. 86 -275 FEBRUARY 18, 1986 Page 5 of 15 30. That all flag lots shown on the tentative map shall be deleted and replaced with non -flag lots, i feasible.. 31. That the cul -de -sac at 16th Ciicle shall be relocated north of the loca- tion shown on the tentative rap, and Lots 350 and 351 redesigned, to eliminate their flag accesses,. 32. That Lots 1 through 5 (estate ots) as shown on the tentative map shall be eliminated. This portion the subdivision shall be recorded as a remainder parcel in Phase I], 33. That Lots 323 through 341 shat be retained in the project. 34. That the required lot depth /width ratio (Section 8213 of the Subdivision Ordinance) shall be waived for those lots within the tract with lengths in excess of three times thei widths due to the site topography and project design. 35. That Parcel R -3 shall be loc:att,t in Phase II. CITY ENGINEER CONDITIONS: 36. That prior to recordation of tine final map for any phase, the developer } shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Registered Civil Engineer; shall obtain a grading permit; and shall post sufficifnt surety guaranteeing completion. 37. That prior to recordation of t,e final map for any phase, the developer shall submit to the City of Moorpark for review and approval, a detailed geotechnical report.: The grading plan shall incorporate the recommenda- tions of the approved geotechn. cal report. 38. That prior to recordation of t:ie final map for any phase, the developer shall submit to the City of p- Ioorpark for review and approval, street improvement plans prepared by _x Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improve- ments; and shall post sufficient: surety guaranteeing the construction of the improvements. The improvements shall include concrete curb and gutter, sidewalk, streetlights, striping and signing, and paving in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as follows: o All storm drains (except for the Ventura County Flood Control Channels) , that are not 4ithin the public right -of -way, shall be cons_idered private - drains, and shall-be privately maintained by the Homeowner's Associatioru. } o A Class I :bike path shai be provided on the east side of Collins Drive within the tract, 59018B/E -5 CITY COUNCIL RES. NO. 86 -275 FEBRUARY 18, 1986 Page 6 of 15 o Class III bike paths shall be provided in the following locations: on Pecan Avenue, from the tract boundary to "B" Street; all of "B" Street; on "C" Street. from Collins Drive to "D" Street; "D" Street from "C" Street to "E" Street; and all of "E" Street. o The following roads shal be per Ventura County Standard Plate B -5A: Pecan Avenue from southerly tract boundary to intersection with "B" Street, "C " -treet, and "D" Street. o. The western segment of "t" Street between Collins Drive and 13th Circle -shall be constructed per Plate B -5A, with the minimum curve radius for the street being 250 feet (instead of the 300 feet specified in the Standard Plate) The remainder of "E" Street shall be constructed per Hate B -5f. o All remaining interior sti -ets, .including cul -de -sacs, shall be per Plate B -5B. o Collins Drive (see attache,y figure for cross sections): 59018B/E -6 a. From the connection with Campus Road at the north end of Moorpark College to 200 feet. north of the southerly tract boundary - shall be c nstructed to have (from west to east), a 6 -1/2 foot parkway i.th a :5 foot sidewalk adjacent to the curb, an 8 foot park.ng lane a 12 foot travel lane (south- bound) , a 10 foot me .an lane., a 12 foot travel lane (north- bound) , a 14 foot travel lane (northbound) , a 5 foot parkway, an 8 foot Class I bid!? path, a 2 foot graded area, and 4 feet of additional right - �f -way I)r possible future improvements (Total R/W = 81.5 fee b. From 200 feet north f the :southerly tract boundary to the southerly tract boundary - shall be constructed to have (from west to :east), a 6- ;'2 foot parkway with a 5 foot sidewalk adjacent to the curb an 8 foot parking/bike lane, a 12 foot travel lane (southbo,.:nd), a 10 foot median lane, two 12 foot travel lanes (northb( und), a 5 foot bike lane, a 1 -1/2 foot public service easeme t, and 9 feet of additional right -of -way for possible future.}. q)rovemerts (Total R/W = 76 feet) . Final design of the a�,ove segments of Collins Drive is subject to the approval of trie City Council at the time improvement plans for the roadwz =,� are reviewed by the City Engineer. C. From the southerly *.Tact. boundary to Benwood Drive - shall be constructed to have from west, to east) , a 6 -1/2 foot parkway with a 5 foot sidewalk adjacent_ to the curb (existing), an 8 foot parking/bike ane, a 12 foot travel lane (southbound) , a 10 foot median Lars, twor 12 foot travel lanes (northbound}-, a 5 foot bicycle 3a ;e, a b -1/2 foot parkway with a 5 foot sidewalk adjacent �Jee curb, and 9 feet of additional right -of -way for F >., i1 1 E f e ture improvements (Total R/W = 81 feet) . CITY COUNCIL RES. NO. 86 -275 FEBRUARY 18, 1986 Page 7 of 15 d. From just south of benwood Drive to intersection with Campus Park Drive - shall be constructed to have (from west to east) , a 10 foot parkway with a 5 foot sidewalk adjacent to the curb (existing), a 14 foot travel lane (southbound - through/ right) , a 12 foot travel lane (through /left) , a 10 foot left turn lane, two 12 foot travel lanes (northbound) , a 5 foot bike lane, and a 6 -1/2 foot.. parkway with a 5 foot sidewalk adjacent to the cum (Total R/W = 81.5 feet.) The additional right -of -way required pursuant to this condition to provide sufficient right -of -way to allow future widening of Collins Drive from the southerly tract boundary to Campus Park Drive shall be reimbursed to the developer if permitted by State law and City Ordinance by the developer(s) of adjacent property that would take access by means of Collins Drive. The developer shall be responsi- ble to adhere to the direction of the City Attorney to insure that said right -of -way is acquired in a manner that permits the City to enter into a reimbursement agreement. Reimbursement cost shall include the fair market value of the land plus appraisal costs and City staff processing costs but riot interest on the amount to be reimbursed and shall be fc >r a period of fifteen (15) years from the date of recordation of the final map for the fist phase of Tract No. 3963. Developer shall pay the City for costs to prepare said agreement and to implemen° t.hcs ccndition. o Developer is responsible for constructing double left turn lanes on College View Avenue at Campus Park Drive. The developer shall bond for these improvements prior to issuance of the first zone clear- ance for Phase I. As an interim measure, prior to issuance of the first zone clearance for �Ihase .I, the developer shall prepare full improvement plans for the double left turn lanes on College View Avenue and shall re- stri.pe.> the existing center lane on College View Avenue, making it an optional. Left- turn /right -turn lane. This interim condition will be checked periodically by the City Engi- neer. If the City Engineer determines that the interim condition is inadequate for smootli traffic flows, the developer shall be required to improve College view Avenue to include an additional left turn lane. If these improvements are not required within two years of final occupancy a f Phase °1, the bond shall be exonerated. o That prior to issuance of the .first zone clearance for Phase I, the developer shall either deposit $75,000 cash or shall bond for the construction of the traffic signal at Collins Drive and Campus Park Drive, with construction rf the signal to take place at the time of the Collins Drive Freewai connection, or when deemed necessary by the City Engineer. o Site distances for turnino movements into and out of Twelfth Circle shall. meet the City's re(jiiirement and are subject to -the approval -of the City Engineer- 59018B/E-7 CITY COUNCIL RES. NO. 86 -275 FEBRUARY 18, 1986 Page 8 of 15 39. That in conjunction with the recordation of the final map for each phase, the developer shall. offer to dedicate on the final map to the City of Moorpark for public use, all the public street rights -of -way shown on the final map. 40. That in conjunction with the recordation of the final map for each phase, the developer shall offer to dedicate on the final map to the City of Moorpark access easements over all private streets shown on the final map to provide access for all governmental agencies providing the public safety, health and well ire. 41. That prior to recordation of the final map for Phases I and III, the developer shall submit to the City of Moorpark for review and approval, street improvement plans for -he temporary access road from 7th Circle to 20th Circle and the access road from Pecan Avenue to 5th Circle, respectively, prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete these improvements; and shall post sufficient surety guaranteeing the completion of the improvements. A 60 -foot wide easement shall be provided for the access road between Pecan Avenue and th Circa..e. 42. That prior to any work being c,anducted within the State or City right of way, the developer shall obta n an encroachment permit from the appro- priate agency_ 43. That in conjunction with recordation of the applicable phases of the final map, the developer shall dedicate on the final map to the City of Moorpark the access rights adjacent to Collins Drive, "C" Street, and the western segment of "E" Street between Collins Drive and 16th Circle, except for approved access roa,i's(s) as delineated on the approved tenta- tive map. 44. If any grading occurs within, the rainy season (between October and April), then erosion control plans shall be submitted along with the grading plan. Concurrently wi.th erosion control, hydroseeding of all graded hillside shall occur 4ithin thirty days of completion of the rough grading. 45. That prior to recordation of the final map for each phase, the developer shall demonstrate feasible access with adequate protection from a ten year frequency storm to the satisfaction of the City of Moorpark. 46. That prior to recordation of tare final map for each phase, the developer shall demonstrate legal acces for each parcel to the satisfaction of the City of Moorpark. 47. That prior to recordation of the final map for any phase, the developer shall indicate in writing to 1 -.ie City-of Moorpark, any water wells that may- exist within the site. If any wells are-- proposed to be abandoned, or'if-they are abandoned and have not been properly sealed, they must be } _ destroyed per Ventura County 0- dinance No.. 2372. - 59018B/E -8 CITY COUNCIL RES. NO. 86 -275 FEBRUARY 18, 1986 Page 9 of 15 48. That prior to the submittal of the final map for each phase, the devel- oper 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 compliance shall be submitted to the City of Moorpark. 49. If any of the improvements which the subdivider is required to construct or install is to be constructed or installed upon land in which the sub- divider does not have title or interest sufficient for such purposes, the subdivider shall do all of the following at least 60 days prior to the filing of each phase of t :he final map for approval pursuant to Government Code Section 66457 a. Notify the City of Moorpark (hereafter "City ") in writing that the subdivider wishes the City to acquire an interest in the land which is sufficient for such y urposes as provided in Government 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 current fair market value of the interest to be acquired; and fiv) a current Litigation Guaran- tee 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 subdivider will pay all of the City's costs (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 50. That prior to recordation of the final map for each phase, the developer shall submit to the Moorpark City Engineer and County Flood Control Dis- trict for review and approval, drainage plans, hydrologic, and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements and shall post sufficient surety guaranteeing the construction of improve- ments. The drainage plans and calculations shall indicate the following conditions before and after dev(,lopment: Quantities of water, water flew rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, drainage courses, and :tn analysis of the potential need for on -site retention basins so th?. there is no increase in off -site peak flow volumes following project,_ )nst:ruct:ion. - 51. That in conjunction with recorraa_tion, the developer shall delineate on the final map for each phase areas subject to flooding-as a "Flowage Easement" and then offer the , asement for dedication to the City of Moorpark. Lot to lot drainage asement:,, flood hazard areas and secon- dary drainage easements shall, , ,o 1r: dolineated on the map. 59018B/E -9 CITY COUNCIL RES. N0. 86 -275 FEBRUARY 18, 1986 Page 10 of 15 52. That prior to any work being conducted within the Strathern Canyon Drain, the developer shall obtain a Ventura County Flood Control Dis- trict Watercourse Encroachment Permit. The subject easements shall be identified based on hydrologic and hydraulic methodology approved by the Ventura County Flood Control Di,trict, 53. That prior to recordation of the final map for each phase, the developer shall submit to the City of Mo<,rpark for review and approval, evidence that all the buildable sites it the subdivision will be protected from flooding. 54. That the developer shall pay ..11 energy costs associated with street lighting for a period of one ear frorn the initial energizing of the street lights. 55. That two bus turnouts shall be :onstructed along Collins Drive, at loca- tions subject to the approval. a! the City Engineer. 56. That prior to recordation of Phase IV, the developer shall post a bond with the City Engineer to guarantee the provision of signage along "E" Street and its intersecting c:ul -de -sacs. Said signage shall be pro- vided by the developer when determined necessary by the City Engineer and shall be posted with parking restrictions during the hours of 8:00 a.m. to 4:00 p.m., or as oi:.herwise required. The purpose of these 1 restrictions is to eliminate parking on the affected streets by Moorpark College students. The bond shat- be held for two years, at which time, if no parking problem develo p; krom College traffic, it shall be exon- erated and no signage shall be re=quired !::c be provided by the developer. 57. That in order to provide two means of access to Phase I, a 24 foot wide temporary access road, to meet County standards, connecting the easterly cul -de -sac of 7th Circle with 20th Circle shall be provided in conjunc- tion with the construction of Phase I. In addition, 24 feet of paved roadway per Moorpark City standards, centered about the centerline of proposed 20th Circle and Collins. Drive, from 20th Circle to the northern right -of -way of "C" Street, shall also be constructed in conjunction with Phase I. Collins Drive from the northerly right -of -way of "C" Street to the southerly tract boundary shall be fully improved with the development of Phase 1. Flans for TM_he above improvements shall be submitted to the City Engineer prior to recordation of the final map for Phase I. These improvements shall be completed to the satisfaction of the City Engineer prior to the issuance of a certificate of occupancy for the first unit of the projecr. The temporary roadway shall be gated at the 7th Circle cul -de -sac and at the northern right -of -way of "C" Street. The temporary accesr, road shall be maintained by the devel- oper until Pecan Avenue and the access road between it and 5th Circle are constructed (in Phase III) It that time, the temporary access road - shall be_ removed and the area andscaped to the satisfaction of the Community -- Development Director Si-rice the temporary access road shall _ be constructed over Lot 159, - development.._ of this lot shall be delayed _ until the access road is eliminav_ed. Tho developer shall also maintain the temporary improvements alonc 20th C'ircle and Collins Drive until the roadways arc, fully :improved ar,c ce'Ptf-d the City. 59018B/E -10 CITY COUNCIL RES. NO. 86 -275 FEBRUARY 18, 1986 Page 11 of 15 58. That Pecan Avenue to "B" Street and "B" Street to "C" Street shall be constructed prior to the opening of the elementary school, or in con- junction with Phase III, whichever occurs first. 59. That prior to issuance of a certificate of occupancy for the first unit of the project, a signal shall r)e installed by the City at the Princeton Avenue /Los Angeles Avenue (Highway 118) intersection. 60. That prior to issuance of a cer-tificatE' of occupancy for the 70th unit of the project, the develope shall acquire the additional offsite right -of -way, submit plans for all onsite and offsite improvements to Collins Drive for the review 3-nd approval of the City Engineer, and shall construct and open to thc. public all offsite and onsite improve- ments to Collins Drive, in accc dance with Tract Condition No. 38. 61. That prior to recordation of tr,e final map for the first phase of the project, the developer shall }rovide .he City with a letter stating agreement with the following re�;uirements,: a. That prior to recordation ,:f the final map for the first phase, the developer shall deposit w:i h the City an amount equivalent to the then current applicable rare for the Los Angeles Avenue Improvement Area of Contribution (AOC), but not less than $1200.00 per dwelling unit, for the number of r(sidential lots in that phase. The City may, upon thirty (30) day; written notice, request that the devel- oper pay the then current ;ppli.cabl AOC rate for all the remaining dwelling units in Tract N,: 39E3 b. That prior to issuance of ...he zone clearance for the first unit of the project, the developer shall deposit with the City an amount equivalent to the then current applicable rate of the Los Angeles Avenue Improvement AOC,, b,:t:: not less than $1200.00 per dwelling unit, for a total of not .ess than 138 dwelling units, including those paid pursuant to "a' above. The City may, upon thirty (30) days written notice,' request that the developer pay the then current applicable AOC rat-:r for all the remaining dwelling units in Tract No. 3963. C. That prior to recordation <.>f -the final map for each of the remain- ing phases, the developer shall deposit with the City an amount equivalent to the then current applicable -rate for the Los Angeles Avenue Improvement AOC, but. not less than $1200.00 per dwelling unit, for the remaining number of approved dwelling units in each phase. The City may, upon whirty (30) days written notice, request that the developer pay the ^.hen current applicable AOC rate for all the remaining dwelling un:rt in Tract No. 3963. d._ The monies deposited putsuar,t to "`a," "b`r and "c" above shall be in lieu_ of contributions to the existing Log--Angeles Avenue Improve- _ ment AOC fund and shall-be placed_.in a separate fund by the City_ i for the purpose of study:im3 and improving an alternate route to existing Los Angeles Avenue. All or part of these funds may be used for the purposes of` t:l e Los Angeles Avenue AOC upon a four- _- fifths (4/5) rote of the (I.'' 'our:c.:. 59018B/E -11 - CITY COUNCIL RES. NO. 86 -275 FEBRUARY 18, 1986 Page 12 of 15 e. Prior to issuance of the certificate of occupancy for the first unit of the project, the developer shall deposit $200,000.00 with the City to be placed in a separate fund for the purpose of study- ing and improving an alternate route to existing Los Angeles Avenue. The use of these funds shall include, but not be limited to, alignment studies, environmental review, slope analyses, area of benefit/ contribution determinations, traffic projections, design and engineering including the Arroyo Simi bridge(s), financ- ing and right -of -way alternatives. Any of the $200,000.00 paid by the developer but not used for studying or improving an alternate route to existing Los Angeles Avenue shall be returned to the developer upon four - fifths (4/5) vote of the City Council not to continue with the study -r improvement of said alternate route. 62. That prior to issuance of a certificate of occupancy for the first unit of the project., and following the installation of the signal at the Princeton Avenue /Los Angeles Avenue (Highway 118) intersection, the developer shall make a directional traffic count on Los Angeles Avenue (Highway 118) between Princeton Avenue and College View Avenue, for the morning and afternoon peak hours. Following the issuance of a certifi- cate of occupancy for the 70th, but prior to the 100th, dwelling unit, a second traffic count shall be made. Following the -issuance of a certi- ficate of occupancy for the .74th, but prior to the 281st, dwelling unit, a third traffic count shall be made. The purpose of these traffic counts shall be to assist the City in determining the need for a second eastbound lane on Los Ange�us Avenue between Princeton Avenue and College View Drive. 63. That prior to the issuance of 3 zone clearance for the 281st unit of the project, either the City shah: have added the fourth (westbound) lane on Los Angeles Avenue between Princeton Avenue and High Street, or the Highway 23/118 connection shall be made, but not both. However, prior to the issuance of a zone clearance for the 100th and the 281st unit, the developer shall make a directional traffic count. at the above loca- tion on Los Angeles Avenue, fos the morning and afternoon peak hours, to verify the actual traffic volumes. The purpose of the directional count taken prior to the issuance of the 100th zone clearance is to inform the developer of the potential fut:.ure need for either .installation of the fourth (westbound) lane or °.he Highway 23/118 connection. If the directional volumes obtained ar.•om the count taken prior to the issuance of the 281st zone clearance :io not equal or_ exceed 1130 vehicles per hour per lane, or 2260 vehicles per hour per direction on the two lane portions, the developer may construct and occupy additional units consistent with Level of Service " operation on Los Angeles Avenue between Princeton Avenue and Haigh Street (capacity is considered to be 1880 vehicles per hour per lane, and Level of Service "C" is 60 percent of capacity) . If the dire(::t offal volumes obtained from the count taken prior to issuance of the zc,r f clearance for the 281 -st unit- equal or ex-eeed the above vehicles pe.i- hour +;:Level of SQ_rvice "D" or less), then no - additional units within the projject will be permitted to be con l structed until the fourth -( westbound) Lane on Los Angeles Avenue between j Princeton Avenue and High Star -e^ (".11- �.he Highway 23/118 connection is constructed. 59018B /E -12 CITY COUNCIL RES. NO. 86 -275 FEBRUARY 18, 1986 Page 13 of 15 VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS: 64. That prior to construction within the on -site County Flood Control District channels, an encroachment permit shall be obtained from the District. 65. That the site is subject to acreage assessment fees for flood control purposes. Prior to recordation of the final map for each phase, the Ventura County Flood Control ricreage assessment fee requirement must be satisfied. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS: 66. That a 24 foot wide secondary access road, to meet County access stand- ards, shall be provided between Pecan Avenue and "5th Circle. 67. That the private access road::. shall be installed with an all- weather surface, suitable for access ! }, fire department apparatus. 68. That the temporary access roars between 7th and 20th Circles, and second- ary access road between Pecan Avenue and 5th Circle shall be certified by a registered civil enginee. as having an all- weather surface in con- formance with the City Engine'er's standards. This certification shall be submitted to the Ventura e runty Bureau of Fire Prevention, prior to 1 occupancy of Phases I and II: respectl.vely. 69. That all drives shall have minimum vertical clearance of 13 feet, 6 inches (13'6 "). 70. That the access roadway shall be extended to within 150 feet of all Portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, an approved fire protection system or systems shall be in <;tal.led a.s required and acceptable to the Bureau of Fire Prevention. 71. That approved turn- around areas for fire apparatus shall be provided where the access road is 150 f, =et or farther from the main thoroughfare. 72. That prior to recordation of t:he final map for each phase, the street names within that phase shall r?e submitted to the Bureau of Fire Preven- tion for review,. 73. That street signs within any phase of the project shall be installed prior to occupancy of any unit within the phase. 74. That prior to construction, Ventura County Bureau of Fire -tion of fire hydrants. Show - Of the development. 75. That a minimum fire flow of 10 this location. 59018B/E -13 he applicant shall submit plans to the Prevention for the approval of the loca- xist:ing hydrants on plan within 500 feet A gallons per minute shall be provided at CIT`.( COUNCIL RES. NO. 86 -275 FEB]IUARY 18, 1986 Page 14 of 15 hall be installed and in service prior to combusti- 76. That fire hydrants s conform to the minimum standards of the ble construction and shall County Water Works Manual. a. Each hydrant shall be a E inch wet barrel design, and shall have one 4 inch and one 2 -1/2 1L!-ch cutlet.. b. The required fire flow f;h X11 be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spiced 500 feet on center, and so located that no structure will e farther than 250 feet from any one hydrant. be cleared for a 77. That all grass or brush exposing any structures shal the Ventura County distance of 100 feet prior to framing, according to Weed Abatement Ordinance. 78. That an approved spark arrester shall be installed on the chimney of any structure (California Administrative Code, Title 24, Section 2- 1217). 79. That address numbers, a minl.1ntlm of 4 inches high, shall be installed prior to occupancy, shall be c contrasting color to the background, and e readily visible at right. Where structures are set -back more shall b t larger 1 feet from the stree numbers will be required so that than ]. e they are distinguishable from °he stree -.t. In the event the structure(s) is not visible from the strelA -f -he ,address number (s) shall be posted adjacent to the driveway entr+ c(', 80. That portions of this development may be in a hazardous that those structures shall meet f. -re ;:one 4 building code requirements. 81. That any structure greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ver ura. County Ordinance #14. 82. That no parking shall be all.o4ed on the access roads between Pecan Avenue and 5th Circle and 7ta and 20th Circles. 83. That a 100 foot buffer zone hall. be established and maintained between the dwelling units and open )ac( are,is. VENTURA COUNTY SHERIFF DEPARTMENT CONDITIONS: 84. That all. residential street< are to to a minimum 30 feet in width. MOORPARK UNIFIED SCHOOL DISTRICT •._QNDITIONS:— 85. Prior to the issuance of uilding permit for any dwelling unit, pay- ment of School Facility ea shall be made pursuant to Article 4, Chapter 9 of the MoorparK ki lorl' e 'ode. - - 59018B/E -14 CITY COUNCIL RES. NO. 86 -275 FiiBRUARY 18, 1986 Page 15 of 15 86. That prior to recordation of the final map for Phase I, the developer shall enter into an agreement with the Moorpark Unified School District to lease the elementary school site in the location shown on the ten- tative map to the District, and to provide drainage and grading improve- ments to the site. The agreement shall also require the developer to transfer title to the school :ite, with terms and conditions satisfac- tory to the School District, 87. That Pecan Avenue to "B" Street and "B" Street to "C" Street shall be constructed prior to the opening of the elementary school, or in con- junction with Phase III, which">ver occurs, first. 59018B /E -15 CO L t I ►,1 FRo" Co iu lJ EC- -rl 0 v w l 7Ti f RD' '4T Il%O�TN LAND D F CO L �,� 70 200 PT, tilDRTif OF T}+E 5'LY 77Pq� -1— A,eY SLY R/w I.5 �P s� CLASS:: 2' nlicE :J EXTRA P "Lv F(- .ITUI?r /MAQOvEML� CO LL I N S DR. !gyp M 200' 1Jo jz.7'tf OF THE S't- 7 TR�4�-r FjoccNl� Y ' 77-{C 5'LY TRACT &jtAjDf}r2%� vU LY Rfw �`Y R/w Keay PI?o Po SE FA ujrE-'> I 12 . , all U ExTRA P/W FOR POSS4 a i UTURE IMP. ✓GLEN � G�CLLIIIJs DAR. FROM "TJ'-fE 5` LY TRA-GT - B0(L�D TO jSE�,a'GUCOL> 1:>,R, w Ly q(k) ELY q1W oQMOU � - Ex�s-r. Cqtt RU-4 YA+ ,u /, 5 M o rrM p. bs ' ' AGE SLC>rl _..... �P,S.E.) 8�� FX-MA w SM - pRpPoSE �ThtNIAJC Lui4lt C6UST. Rfy� fNPRESLEpV SE LOLL I IV S DR. FROM SE)kj VCOD R. 7Z) 1,cJTt�SEL�notit G X Wr. 1 5 %./ —�7— QrtcLVZ! s t•ssI PsE) DO POSED DRIVE- --12 �- 5— �Zo�' , toe [P, 5. E.) CONDITIONS FOR: Planned Development Permit APPLICANT: Griffin Development No. 1041 (Single Family Company Units) CITY COUNCIL RES. NO. 86 -275 PAGE: 1 of 6 FEBRUARY 18, 1986 COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS: 1. That the permit is granted for the land as described in the application and any attachments thereto, ar d as shown on the plot plan submitted, labeled Exhibits "A" and 16. 2. That the permit is granted fc. all of the buildings, fences, signs, roadways, parking areas, lands(-aping and other features which shall be located substantially as shown c,n Exhibits "A ", 16 through 18, except or unless indicated otherwise here n. 3. That the elevations and floor .I_ans of all buildings shall be substan- tially in conformance with the elevation plans and floor plans labeled Exhibits 5 through 15 inclusive 4. That subsequent to occupancy, minor changes or additions to approved structures, fences, etc., of `--he construction of patio covers and accessory structures may be Approved by the Community Development ( Director through. issuance of a zone clearance provided that the minor change a) is consistent with th:= Condit.' ions,' Covenants and Restrictions (CC and Rs) for the project; o has been approved by the applicable Homeowners Association; c) cle <xly doeEtl not affect the design, integ- rity, or quality of the development; and d) is consistent with the regulations of the City Zoning Ordinance. Minor changes which do not meet these criteria - -will r-equi.x:! a minor modification of the permit to be considered by the Commuri. t:y Development Director. Any changes determined to be major by t:: Community Development Director will require the filing of a modifi: tior application to be considered by the Planning Commission. 5. That the final design of all 1.iiuiliy` , Coroc',unal CiPen ational facilities, walls and fwrnces including materials and colors, is subject to the approval of the cammunity Development Director. 6. That all requirements of any lax- ox agency of the State, Ventura County, and City of Moorpark, and anv :, he,. governmental-entity shall be met. 7. That applicant agrees as a con :i_tion of issuance (or renewal) for the use of this permit, to defend, At his" sole expense, .. any- action -brought against the City because of issj�ance (or - renewal) of -this permit, or in the-alternative, to relinquish this permit. Applicant will reimburse the Camay for any. court costs ar:c: /or attorney's -fees-which the City may - be required by a court to pay a: a result of any such action. City may, at its sole discretion, partic:i )ate in ^--he defense of any such action, 1 -but such participation shalt r r-=1iee applicant. of his obligations under this condi t i osl. 59018B /F -1 -- CITY COUNCIL RES. NO. 86 -275 FEBRUARY 18, 1986 Page 2 of 6 8. That prior to construction, a zone clearance shall be obtained from the Community Development Department and a building permit shall be obtained from the Building and Safety D,"rision. 9. That no zone clearance shall b( issued for this permit until the appro- priate phase of Tract Map No. r)63 has been recorded. 10. That unless a zone clearance for a unit within each phase is issued within thirty -six (36) months after the date the permit is granted, this permit shall automatically expire on that date. The Community Develop- ment Director may, in his d;.scretior,, grant two separate 12 month extensions for issuance of a zcme� clearance for a unit in each phase, provided: a) the application -,_,r extension is made prior to the expir-- -- ation of the initial thirty -six (36) mor:.ths; b) there has been no change in the approved plans; c) there has beer, no change of circumstance which will prevent the preservation )f °_h�_ integrity, character, utility or value of the property in the zone and the general area in which the use is proposed to be located cr w.11 bE detrimental to the public health, safety or welfare; and d) the permittee has diligently worked toward initiation of construction of ach pha: e of the development during tha initial thirty -six (36) month 11.. That signs are subject to the rg,.i]at io is of Article 25 of the Moorpark Ordinance Code. 1 12,. That a transfer of this permit !,.qalL not be effective until the name and address of the transferee and iate when such transfer shall be effec- tive, together with a letter f`xam the new owner certifying agreement to comply with all conditions of ".har permit is filed with the Community Development. Director. 13.. That the single family portion :)f the project is subject to all appli- cable regulations of the "R -P -1 2.5U" (Residential Planned Development, two and one -half dwelling units per acre) zone. 14. If any of the residential unit:., are to be constructed as a tract devel- opment (simultaneous constructic >n) , a plan shall be developed to create a variety in unit placement, �-ith the intent of eliminating the pos- sibility of side to side and /cr. front to front unit elevation repeti- tion. The plot plan shall inc:ii.cate building locations, yard setbacks and the number of stories of each unit prior to the issuance of a zone clearance. This plan shall be =.ubject to Community Development Director approval, upon review by the Pi'.anninq ADMission (if determined neces- sary) 15. That prior to issuance of the first zone clearance for each phase, a landscaping, planting and irrig,rtiori plan for that phase, together with specifications and a maintienanc( . program, shall be prepare-d by a state- _ license-d_landscape architect. I'he Ventura County—Guide to Landscape Plans, crated July 1982, shall. b, used. 'The--landscaping plan shall show l planting within the front yarc. )t al: residential lots -in the sub- division; within the open :p.,( ]C"IS (L�)ts 490 through 495); within 59018B/F -2 CITY COUNCIL RES. NO. 86 -275 FEBRUARY 18, 1986 Page 3 of 6 Parcel 5A; within the private recreational areas (Parcels R -1, R -2 and R -3); along the man -made slopes adjacent to the developed areas, west of the school site, and within the rear yards of certain lots; and along the slope to the east of Collins Drive. Landscaping in these areas shall incorporate drought l sistant and native plant materials as feasible, and shall be chosen to insure adequate erosion control, and to mitigate the visual impacts of all man -made slopes three feet or more in height. Landscaping shall alsc3 be provided at the entrance to the proj- ect and within Open Space Lot 495, to buffer the project's visual impact on the adjacent residential. development to the south. The existing mature trees located in Open .:;pace Lot. 495 and east of Collins Drive at the entrance to the project: :: ;hall be incorporated into the landscape plan, as feasible. In addit]_oi, trees that reach a minimum height of 10 to 15 feet. upon maturity shal." be planted within Open Space Lots 492 and 493 to provide perch sites for raptors. All of the landscaping described above, with the e.xc.eption of that within individual lots, shall be maintained by a hom(,(,,,me r > zas _: Dciation . Prior to preparation of the .andscap.ing plan, the landscape architect shall consult with the Director of Community Development regarding species to be planted and t:hf ve:rall landscape concept to be used. Three sets of plans shall be bm:;,-tted for approval to the Director of Community Development. 1 The applicant shall bear the installation inspection. All (with the exception of the F completed prior to issuance of affected phase. Landscaping shall be completed.in accordan total cast of such review and of final landscaping installation described above ivate recreational facilities) shall be the last certificate of occupancy for the of the private recreational facilities r= w-I th Condition 25. Hydroseeding of brush cleared ireas is subject to the standards of the Ventura County Fire Protection t rice. 16. That prior to issuance of the first zone clearance for each phase, the developer shall submit a plan showing fencing along the side and rear yards of each residential lot said fencing plan shall identify the location and materials to be L,sed (wrought iron, pilasters, slumpstone, etc., but no wood) and shall be approved by the Planning Commission. Said fencing shall be complet( i prior -o the issuance of a certificate of occupancy for the affected 't 17. Prior to the issuance of the fi:st zone clearance for each phase, a plan showing the location of mail t, . xes shad be submitted to the Community Development Director for a.pp7 val upc,i review by the Moorpark Post- master. 59D18B/F -3 CITY COUNCIL RES. NO. 86 -275 FEBRUARY 18, 1986 Page 4 of 6 18. That all residential units shall be constructed employing energy saving devices as may be appropriate to the State of the Art. These are to include, but are not limited t p, the following: 1) Low flush toilets (not tx exceed 1-1/2 gallons). 2) Shower controllers. 3) Stoves, ovens and ranges, when gas fueled, shall not have contin- uous burning pilot lights 4) All thermostats connecter tc; the main space heating source to have night setback features. 5) Kitchen ventilation systs_�m t.o have automatic dampers to insure closure when not in use, 6) Solar panel stubouts. 7) Floor plans to demonstratk reservation of space for solar equipment adjacent to furnace. 19. That gutters and downspouts sh,il �De provided over all garage doors and front entryways, unless covere 20. That the distance between the Bear property line or toe of slope (which- ever is more restrictive) and the residential unit and any room addi- tions shall be a minimum 20 feet. The distance between the residential unit and front property lint:? sb- a:el', be a minimum 20 feet. 21. That patio covers shall conforKtr to the "Patio Cover Policy" adopted by the City Council on May 15, 1985. The required patio cover setback of 10 feet shall be measured fron the rear property line or toe of slope (whichever is more, restrictive',.. ,Accessory structures shall be located a minimum 5 feet from the rear 1,Dropert,i line or toe of slope (whichever is more restrictive) , and side property line. Patio covers and acces- sory structures shall cover IL more than 40 percent of the required minimum rear yard area (20 feet it iengt.h multiplied by the width of the lot measured at 20 feet from ie rear property line or toe of slope, whichever is more restrictive` 22. That patio covers, accessory buildings and room additions shall be reviewed and approved by the 11,Zowners Association prior to the issu- ance of a zone clearance. 23. A model home complex shall be permitted within the tract boundaries, subject to issuance of a zone ci- earance. A site plan shall be submitted which indicates the location ol . dwelling units,- sidewalks, landscaping, _ fencing, patios, directional a ing, - 3 advertising signs, par-king and light- _ 59018B/F -9 1 CITY COUNCIL RES. NO. 86 -275 FEBRUARY 18, 1986 Page 5 of 6 24. The the undeveloped areas within Lots 490 through 495 and 5A shall be retained in open space, and shall be dedicated to the Homeowners Asso- ciation (see Tract Conditions r4os. 13 and 14) . 25. That two private recreational facilities shall be provided in the location shown on the tentative map (Parcels R -1 and R -2). These facilities shall be improved with a pool, Jacuzzi, tot lot with play equipment, fencing (wrought iron and slumpstone) , drinking fountains, barbeques, picnic tables, half - court basketball, an area partially enclosed (on two sides) with a solid roof, kitchen facilities including but not limited to stovetop, double sink with disposal, drop -in oven and cupboards, and landscaped open space area. A third private recreational facility, to be landscaped only;,, shall be provided in the location shown on the tentative map (Parcel. 1R-3). Prior to issuance of the first zone clearance for Phases II (Parce; R -3), lV (Parcel R -2) , and V (R -1) , the developer shall submit to the Community Development Director a plan of the recreational facility within that phase for review and approval by the Parks and Recreation Commi: All landscaping and improvements on Parcel R -3 shall be completed in conjunction with the improvement of the "E" Street /Collins Drive inter- section. Landscaping andimpravements to Parcels R -2 and R -1 shall be completed and the facilities available prior to occupancy of the 299th unit and 409th unit, respect.iv• y 26. That prior to issuance of the first zone clearance for each phase, an "Unconditional" Will -Serve Let^er for water and sewer service for that phase shall be obtained from V >,ntura County Waterworks District No. 1. 27. That pedestrian/bicycle trails, shall be provided within the open space areas. Prior to issuance of he first.. zone clearance for each phase, three sets of a landscaping Elan showing the location of the trails within the phase shall be subm:,.tted to the Planning Director for review and approval by the Parks and recreation and Planning Commissions. The Sheriff's Department shall a:9 so review the proposed location of the trail system. Installatior, .5:j' the trails shall be completed prior to the issuance of the last certi.f.Lcate of occupancy for the affected phase (see Tract Condition Nos. 1:3 Jjc '.4) . 28. That the developer shall const.zuct improvements to the dedicated public park pursuant to the developme, t plan approved by the City (see Tract Condition Nos. 27 and 28). 29. That prior to occupancy of the first unit of the project, the developer shall construct children's pla) equipment valued at $10,000 and a full basketball concrete court at- th,° existing Paul E. Griffin, Sr., Park, or equivalent facilities. The location of the facilities shall be subject to the approval of the -City -+ irk$ and Recreation Commission prior to issuance e#- the first zone 1 r it z far the proje=ct= 59018B/F -5 l CITY COUNCIL RES. NO. 86 -275 F171BRUARY 18, 1986 Page 6 of 6 VENTURA COUNTY SHERIFF'S DEPARTMENT CONDITIONS 30. That a licensed security guaa -i shall be provided on -site during con- struction of each phase. 31. That construction equipment, "oo..s, '_tc., will be properly secured during non - working hours. 32. That all appliances (microwav« ovens, dishwashers, trash compactors, waterheaters, etc.) will be }properly secured prior to installation during non - working hours. A stria] numbers will be recorded for identification purposes. 33. That landscaping will not cove: any door or window. 34. That landscaping at entrances,exit.s or at any intersection will not block or screen the view of a .gated driver from another moving vehicle or pedestrian. 35.. That prior to issuance of the f -.rst zone clearance for each phase of the project, landscaping plans fo that phase shall be submitted to the Sheriff's Department for reviek and approval. 36. That addresses will be clearly isible to approaching emergency vehicles and mounted ,against a contrast.i: y :ulc.;,r 37. That address numbers will be a minimum of 4" in height and capable of being illuminated during hours darkness. 38. That front door entrances will visible from the street. 39. That all exterior doors will b, constructed of solid wood core with a minimum thickness of 1 -3/4 ". 40. That doors utilizing a cylind,r lock shall have a minimum five (5) pintumbler operation with the ocking bar or bolt extending into the receiving guide a minimum of ono inch. 41. That all exterior sliding glass doors or windows will be equipped with metal guide tracks at the top and bottom and be constructed so that the window cannot be lifted from e track when in the closed or locked Position. 42. That prior to occupancy by the _ >wnei or proprietor, each single unit in the tract shall have locks usiTig combinations which are interchanged free from locks used in all oti,.,r separate dwellings, proprietorshis, or similar distinct occupancies p 59018B/F -6 - -- ATTACHMENT NUMBER 6 CITY ENGINEER CONDITIONS OF APPROVAL KMP -07 -12 -94 (10:35 am) A:IWARMING.EN7W- 20CCSF.RPT RESIDENTIAL PLANNED DEVELOPMENT MOORPARK NO:RPD -1041 Mod. APPLICANT :Griffin Homes DATE:04 -11 -94 CITY ENGINEER CONDITIONS PRIOR TO ISSUANCE OF A ZONE CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 1. The developer shall provide an addendum to the original. soils report which addresses the presently graded site and makes recommendations a: tc any remedial measures required to ready the site f , continued construction. All recommendations must be iddr:-essed and any remedial. measures taken prior to is -su rice of the zone clearance. 2. All Improvement Agreements an,,. Bonds shall be revised to provide correct coverage for ,he remaining improvements and estimated length of cans 3. City Ordinance No. 100 and t e i?ederal Emergency Management Agency (FEMA), require updating of the National Flood :Insurance Program maps fcr affected areas whenever any alteration of the watercoursc- is made. If a FIRM map revision .is necessary, all material required by FEMA for a map :revision shall be provided o -he City Engineer's office. This material will' demonst:ra e the view 10, 50, 100, and 500 year flood plain locations following development. This :information will be forwarded oy the --ity Engineer to the FEMA for review and updating of the National Flood Insurance ;Program maps. A condition:i ett:er of map revision (if :required by FEMA) shall bF provided to the City. The applicant will be responsibl for -;11 costs charged by the FEMA and the City's administ tt ivEu osts . 4. Prior to any work being condo tea wit.hin any State, County or City right -of -way, the applicant sha:'1 obtain an encroachment permit from the appropriate . Ten,}.. 5. The applicant shall submit, e design to be approved, by the City Engineer, for an 1P' ::lough wall to be constructed directly behind the back of he sidewalks where slopes over four feet high exist. The w_,ll sha!1 be designed so as to reduce debris and silt from f -,iter nq streets and convey run- off to approved drainage de,. e__s 6. Construction activities :.hj oE' limited to between the RESIDENTIAL PLANNED DEVELOPMENT McORPARK NO:RPD -1041 Mod. APPLICANT:Griffin Homes DATE:04 -11 -94 following hours: a) 7:00 a..n. and 7:00 p.m. Monday through Friday, b) 9:00 a.m. to 5:i0 p.m. Saturday. No work to be ar,complished on Sunday pursuant to Ord. #149. Truck noise shall be minimized by the req, iremen�_ that "Jake Brakes" shall not be used within the City 7. Construction equipment shal be fatted with modern sound reduction devices. The ()ntractor shall insure proper maintenance and operation f all construction equipment. Direct injection diesel. or ;;I, spline powered engines shall be used if feasible. 8. A 6 -foot high chain link fence shall be constructed around the construction site or an r,l. sit--e :security guard shall be provided during non-working -)i:rs 9. During the smog season (May - October) the developer shall order that construction ce(ise during Stage III alerts to minimize the number of veh:icl,,s and equipment operating, lower ozone levels and protect eqi. —pment operators from excessive smog levels upon notifica�::ic k)y the City. The City, at its discretion, may also limit: r c s r i..ict: on during a Stage II smog alert. 10. A regular watering progr -tm to reduce dust shall be implemented. Water shall be ipplied to the graded portions of the project site as determined by the City Engineer. This is estimated to reduce the amor Lt r,f diist generated by up to 50 percent. During periods of high wind -.e. sustained winds 20 mph or greater in one hour), the contractor shall cease all clearing, fine grading or e;�:avation operations a. All active portions of c )nstruction site shall be watered sufficiently to prevent excessive amounts of dust. Non - potable water shall be Lased if determined feasible by the Director of Community DE,velopment, the City Engineer and the applicant. Complete coverage watering shall occur at least twice daily, preferable in the late morning and after work is done fox he dad b. All material excavatiC oi- grading shall be sufficiently watered o prE-vent excessive amounts of dust. C. All clearing, fine grading or excavation activities shall cease lur:_ng periods of high RESIDENTIAL PLANNED DEVELOPMENT MOORPARK NO:RPD -1041 Mod. APPLICANT :Griffin Homes DATE:04 -11 -94 winds greater than 2 miles per hour (mph) averaged over one horn: -. All unimproved areaE with vehicle traffic shall be watered periodically, and the vehicle speed shall be limited to 10 mph. e. Street, private parking adjacent to the area being graded shall be swept as needed to remove silt or blown dust which may have accumulated fr;,m construction activities. 11. Advise, in writing, all employees involved in fine grading operations to wear face masks during all periods of any grading to reduce inhalat i, )n of dust which mazy contain the fungus which causes the Sai Joaqu_2 Valley Fever. 12. Remove silt, dust or other c . nst ruc .ion materials, as directed by the City Engineer, which may have accumulated from construction activities gong the streets or on private property in the vicinity ..= the :31.te. Periodically sweep streets and parking areas, a,; per t :he City Engineer in the vicinity of the site to remc ,,e : ilt (i.e., fine earth material transported from the site h,, w r.d, eh :icular activities, water run -off, etc.) which }e.tv« accumulated from the construction project. 13. If any hazardous waste is eicountered during the construction of this project, all work shill be immediately stopped and the Ventura County Environmenta Health Department, and the City Construction Observer shall bE notified immediately. Work shall not proceed until cl.(. ::prance has been issued by all of these agencies. Contaminat(,l and hazardous soil as defined by Department of Health Service,: may no )t be used for on -site soil fill or roadway subgrade ,nless the Department of Health Services determines in wring that said material has been treated to a level that r,: no longer considered a public health risk or requires pubs .c discloser by the Department of Real Estate. Any contamir.,.ited o:r hazardous soil shall be removed to be approved landrAl. DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 14. Backfill of any pipe or cond{ it. shall be in 4" fully compacted layers unless otherwise spe 1fied y the City Engineer. 15. Soil testing for compaction: s P:c be performed on all pipe or conduit. placement. The int 7EII Cf +-esting shall be less than / RESIDENTIAL PLANNED DEVELOPMENT MOORPARK NO• .RPD - APPLICANT :Griffin Homes 1041 Mod. DATE:04 -11 -94 once every 4 feet of lift ana 10) lineal feet of pipe or conduit placed. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 16. Original "as- built" plans w�A.l be signed and certified by the applicant's civil engineer acid submitted with two sets of blue prints to the City Engineer ' _- (Df f ice . Although grading plans may have been submitted f,:w- checking and construction on sheets larger than 22" X 36" they must be resubmitted as "as- builts" in a series of 22" X 36" mylars (made with proper overlaps) with a title bleu, <: on each sheet. Submission of "as- built" plans is requite before a final inspection for approval and release of se, witl be scheduled. 17. Reproducible centerline t.rd beets :mall be submitted to the City Engineer's office. 18. Copies of the recorded Traci Map 3963 shall be provided to the City Engineering rep, -tiner. t 4 ATTACHMENT NUMBER 7 DEPARTMENT OF COMMUNITY DEVELOPMENT RECOMMENDED CONDITIONS OF APPROVAL TO MAJOR MODIFICATION NUMBER 3 TO PLANNED DEVELOPMENT PERMIT 1041 In addition to the Conditions of Approval in Resolution Number 86 -275 and 87 -395, Warmington Homes shall comply with the following Conditions of Approval: 1. Stucco window surrounds and lintels shall be provided on all four elevations. 2. Stuccoed soffits shall be provided on all elevations. 3. Building elevation relief shall be provided through the use of varied wall depths. 4. For all building Plans, a 3 foot long (measured from the garage door) landscaped runner shall be provided between the two car and one car garage. If, in the future, the homeowner's would like to remove this landscaped area, no modification to the development permit is needed. 5. Roof relief shall be provided through the use of varied roof pitch and direction. 6. Condition Number 25, Planned Development Permit shall be modified as follows: The private recreational facility shall be approved by the Director of Community Development and installed prior to issuance of a Zoning Clearance for the issuance of a building permit for the construction of the 12th unit (409th) of the 87 units to be constructed. If the Private Recreational Facility is expanded, a Minor Modification shall be submitted. 7. All landscaping consistent with the approved landscape plan for Tract 3963 and Planned Development 1041, shall be installed by the issuance of a Zoning Clearance for the 409th unit (12th unit of the 87 lots). 8. The 87 lots shall be annexed to the existing homeowner's association prior to issuance of a Zoning Clearance for occupancy of the first unit within each phase. 9. Minor Modification Number 9 (May 2, 1990) is null and void. 10. S -shape clay tile roofing shall be installed, consistent with the approved tiling for the tract. All colors for roofing, trim and the building shall be approved by the Director of Community Development. 11. Resolution with the HOA regarding the issue of the installation of trails or other public amenities, shall be reached prior to issuance of a Zoning Clearance for the issuance of a building permit for the 30th unit of the 87 homes. If not agreed upon, the applicant shall construct the trails as originally required by applicable Tract and Planned Development Permit conditions. Construction of the trail shall be completed prior to KMP- 07 -12 -04 (10:35 am) A:\WARMING.ENT\7- 20CCSF.RPT issuance of the 40th Zoning Clearance for the issuance of a building permit. Further, Warmington Homes shall file an application for a Modification to the Planned Development Permit (1041) for the deletion of the trail system from the tract and the addition of other recreational amenities in lieu of providing the trail system. Said request for modification to PD 1041 shall include a construction appraisal report which is no more than one year old and which specifies total cost to construct the entire trail system for the tract. Improvements which approximate the value within the report shall be provided within the private recreational (active and passive) parks, as mutually agreed upon by the HOA and the applicant. The applicant shall also plant 30 fifteen (15) gallon trees and appropriate irrigation, with species approved by the City, on the hillsides adjacent to Campus Canyon Park to the satisfaction of the City Manger. Installation of these improvements shall be made within sixty days of City approval of the modification. 12. landscaping and block wall/fences shall be installed consistent with the approved plans for the tract; however, all of the block walls that will be installed shall be six (6) feet in height. 13. Of the 87 single - family homes to be constructed within Phase IV, 28 homes shall be built of 2,510 sq. ft., 29 units of 2,738 sq. ft., and 30 units of 2,858 sq. ft. A 10% flexibility in the number of units built of each square footage shall be granted. Deviation of more than 10% shall require the filing of a Modification to the Planned Development permit. 14. Construction of each sub -phase of Phase IV, shall not interfere with the new homes which are constructed and occupied within Phase IV. 15. The applicant shall submit a deposit, as required by the City' Fee Schedule, for fine grading, paving, and final inspection of the 87 lots prior to issuance of a Zoning Clearance for a building permit for the first of the 87 units. 16. Any fees which are required to be paid and noted in Resolutions Number 86 -275 and 87- 395 and other applicable City fees required, shall be paid prior to issuance of a Zoning Clearance for construction of the first of the 87 units. 17. All required public improvements which have not yet been constructed, shall be constructed prior to issuance of a Zoning Clearance for construction of the first of the 87 units. 18. All deposits for staff time which may have been exhausted or which are now required, shall be made prior to issuance of a Zoning Clearance for construction of the first of the 87 units. 19. All outstanding case processing of this Major Modification shall be reimbursed, prior to issuance of a Zoning Clearance of construction of the first unit of the 87 units. If payment is not received within 30 -days of the City's issuance of a correspondence requesting reimbursement for outstanding case processing, Major Modification Number 3 shall be null and void. KMP -07 -12-94 (10:35 am) A:\WARMINO.EN1\7- 20CCSF.RPT 20. A Zoning Clearance be obtained for the installation of the remaining landscaping and block walls to ensure that the installation and construction is consistent with the original approved plans for the tract. 21. The required Traffic Mitigation Fee of $3,000.00 shall be paid for 87 units prior to issuance of a Zoning Clearance for issuance of a building permit for the construction of homes within the first phase. 22. A deposit for condition compliance shall be made to the Department of Community Development and shall be calculated as follows: the total cost, based upon the City's current fee schedule, for a Tentative Tract Map, Planned Development Permit, and Environmental Impact Report shall be divided by the number of units within the entire tract (484 units); this amount will total the cost for condition compliance per lot. This cost shall be multiplied by the number of units within this proposal (87 units). This amount represents the applicant's cost for condition compliance. This deposit shall be made with the Department of Community Development prior to issuance of a Zoning Clearance for a building permit for construction of the first unit of the 87 units. 23. Warmington Homes shall be responsible for fulfilling all original Tract and Planned Development Permit conditions of approval, including all bond obligations for the 87 lots and previously constructed improvements 24. All conditions of prior Resolutions of Approval for Minor and Major Modifications, except as amended due to Major Modification Number 3, shall be in full force and effect and shall be complied with. KMP -07 -12-94 (10:35 am) A:\WARMING.ENT\7- 20CCSF.RPT ATTACHMENT NUMBER 8 RESOLUTION OF APPROVAL KMP -07 -12 -04 (10:35 am) AAWARMING.ENTV- 20CCSF.RPT MEMORANDUM TO: The Honorable City Council FROM: Jaime R. Aguilera, Director of Community Developme— -� DATE: July 20, 1994 SUBJECT: WARMINGTON HOMES DEVELOPMENT PROPOSAL, ITEM 9 C. ON THE COUNCIL'S JULY 20, 1994 MEETING BOX ITEM FOR THIS EVENINGS MEETING Staff has discussed the July 20, 1994, staff report with Warmington Homes and three issue:; remain unresolved (see attached correspondence from Warmington Homes dated July 20, 1994): Unresolved Issues Warmington Homes is opposed to installing the 3 foot long landscaped planter in between the garage doors (see page 9 of the staff report). Staff believes that this landscape accent will serve to break up the amount of concrete within the subdivision and serve as an additional design amenity. 2. Warmington Homes does not want to install the Pool and Recreation Center on the 409th unit (12th unit of the 87 homes to be built). Instead, they would like to propose the following language, "Warmington Homes shall construct and complete all the pool and recreational facilities initially planned for this area and shall allow these facilities to be annexed into the CHHOA coincident with or before the issuance of a Zoning Clearance for Occupancy for the first house of the third phase of construction [which will be the 28th unit]. Due to maintenance /security issues and the financial burden to CHHOA, the CHHOA and Warmington do not wish to have these facilities completed until the completion of the second phase. The first house of this third phase, or approximately the 30th unit of the 87 to be constructed, has a target completion time period of the Spring of 1995, but in no event should it be completed later than June 1, 1995. It should also be noted that after the first two phases are completed and annexed into CHHOA, the parties both agree that there will be free access by existing CHHOA members to the pool and recreational center through Hern,n Drive„ separated from the construction traffic and area." Staff has imposed the 409 unit given that the original Tract and Planned Development Conditions of Approval reference installation of this amenity upon completion of the 409th unit. Additionally, this requirement was imposed on previous entitlement applicants within this phase of development (Kaufman and Broad). If the installation date varies, original conditions of approval will need to be amended. Staff is also concerned that this costly amenity could remain unbuilt if the developer finished all the homes t?efore he was required to finish the amenity. The Honorable City Council July 210, 1994 Page 2 3. Regarding page 9 and 10 of the staff report and Condition of Approval Number 13 of Attachment Number 7, Warmington Homes is requesting a 20% flexibility, instead of 10% as recommended by staff, in the number of homes constructed of all three square footages. Staff Resolved Issues Warmington Homes and staff were able to agree to the following: Any reference to "clay" roof tiles should be deleted within the report; concrete roof tiles will be installed (Condition of Approval Number 10 within Attachment Number 7 should be modified). 2. Regarding page 8 of the staff report and modification to Condition of Approval number 10 within attachment number 10, staff is agreeable to allowing a brick or veneered ledger stone accent on the front and side elevations of homes. 3. Staff is agreeable to modifying the requirements that the air conditioning units be placed on the side of homes (see page 8 of the staff report). This language shall be modified as follows: "Air conditioning units shall be placed on the side of each home, no closer than 3 feet to the property line. Where this is not feasible, an application for a Zoning Clearance for each home unable to comply with this requirement shall be made to the Department of Community Development to modify this requirement; said application shall be made prior to installation of the units." This condition should be added to Attachment Number 7. Modifications to the July 20 1994 Staff Reppq 1. Warmington Homes has modified the number of homes which will be build during Phases 2 and 6 (page 9 of the staff report) . Therefore, in phase 2, 12 units will be constructed, instead of 16 as written. in phase six, 15 units will be constructed, instead of 11, as written. 2. The number of homes which will be built in each phase is in error on page 9; it is as follows, and correctly written on page 6 of the staff report: Square Footage No :)f HomeE 2,510 sq. ft. 28 2,738 sq. ft. 29 2,858 sq. ft. ;30 JRA/KM Attachments: Correspondence dated July 20, 1994, received by facsimile cc: Steven Kueny, City Manager Kathleen Mallory, Associate Planner JUL -20 -1994 12:33 FROM WAR`rMMIIyN•GTON HOME-. � • tiwJ I'O� � � ]j�� \[T Y TON 'VO Homno Date: FAX Fax No. Phone No, 0 18055298270 P.01 (8�8) 707 -0913 (8i8) 707-3100 Please deliver the following material as soon a� possible From: eD6 Me -C-t--"-t►— Total Number of pages (including this page) ( Additional Information: PLEASE NOTIFY US IMMEDIATELY IF NOT RECLIVI;D PR06RLY. THANK YOU. 29K00 Agoura Road. Agoura. California 91301 (818) 707 - w 100 x805) 58 3100 - FAX (818) 707 -091: 11 11 -- . . . . . -- JUL -20 -'1994 12.33 FROM WARMINGTON HOMES TO 18055298270 P.02 WARII,NGTON HOMES July 20, 1994 Ms. Kathleen Mallory, Associate Planner CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Ro: Tract 3963 -4 (Campus Hills; Rear Kathleen: Per our meeting of yesterday, the following are the major items we oppose: 1. Conditions of Approval No, 25: Our position concurs with the H.O.A. and attached is the ver age addressing timing of construction for the Recreation Center under Item No. 4. 2. Condi.tiono for Major Mod No. 31 Itam No. 7a Warmi ngton Homes proposes to complete all common area landscaping and fencing per each phase or per attached H.O.A. letter Item No. 2. Warmington Homes' atance is it is not practical to do all of the common a rea landscaping prior to issuance of zoning clearance for the 12th unit. 3. Conditions for Major Mod No. 3, Itcm No. 11: The agreed consideration to the S.O.A. is $15,700. Please refer to the H.O.A. letter attached Item No 3. Warmington Homes is requesting this agreement to be adopted. 4. Conditions for Major Mod No. 3, Item No. 17: War ington Homes to complete all public improvements within the tract boundaries of the 87 units of Tract 3963 -4 only. WarmingLcut Huatetss clues riot have res -onsibility outt;ide of it's 87 units other than the installation of 30 15r- gallon trees and irrigation on the hillsi a adjacent to Campus Canyon Park. These ou La Laiidiiiy imp -uv%tWwjaLv are also not practical to be completed prior to zoning clearance of the first units but completed per phase as per normal iliac; L i4Ga of the indus rry+ 29800 Agoura Road, Agoura, California 91301 (878) 707 -3100 (8051 584 -3100 - FAX (818) 707 -0913 TI 11 ^ q , p I I .^ , r-A,P1 JUL -20 -1994 12:34 FROM WARMINGTON HO(E Ms. Kathleen Mallory July 20, 1994 Page Two S. Conditions for Major Mod No. 3, Warmington Homes can only be conditions and bond obligations units in Tract 3963 -4. Conditi somewhat open ended to all Condit the original tract which include built by Griffin Homes. TO 18055298270 P.03 :em Nos. 23 and 24: ;ponsible for those )plicable to the 87 Nos. 23 and 24 are s and obligations of all previous phases The minor items we discussed, I trust IYOu are implemeating these uhaL ges as agreed. i Thank you again for your help and professionalism. Sincerely, 'NARMTNGTON 110 5 L� Bob McClaire BM /bb Senior Project Manager Enclosure JUL 20 194 12 :00 818 707 0913 RAGP M7 JUL -20 -1994 12:34 FROM WARMINGTON HOME5 July 5, 1994 Ms. Kathleen Mallory, Associate Planner CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93UZ 1 TO 18055298270 P.04 Regarding: Truct 3963 -4, PD 1041 - Major Modification #3 Dear Ms. Mallory: Attached to this letter is an agreement just signed bea Homeowners Association and Warmington Homes on the into 4 of the above identified development tract. The attached ag and preferred understanding between the Campus Hills Hor Warmington Homes. This agreement should supersede any which you may have regarding an agreement between the C Association and Warmington Homes. RECEIlico JUL 0 8 1994 veen the Campus Hills aded completion of phase :ement is a more specific eowncrs Association and previous correspondence mpus Hills Iomeowners Please note our request that you attach this document to the donditions of approval for major modification ##3 on the above identified tract. Thank ,you for your prompt attention to this matter. I look forward to seeing you at the July 20 City Council Meeting. Sincesely, Steve Can President, Campus Hills Homeowners Association cc: Mr. Jim Aquilera, Director of Community Developme4t Mr_ Steven Kueny, City Manager l'Ir. Charles .i. Fuhr, President of North Counties Divi4n, Warmington Homes 71 11 Ir-4 I Q %I 1 '7' n, JUG -20 -1994 12:35 FROM WARMINGTON HOMES Wmmington Homes and Catnpus Hills HOA Agreement July 5,, 1994 1. Annexation to the Exi daz Association: Warming remaining $7 110111eS lint) 1110 CHHOA. This will six construction phases, with each phase involving TO 18055298270 P.06 agrees to annexation of all done sequentially through moximately 15 lots. The CHHOA Board of Directors, or two of its designates, shall inspect, rea approve or disapprove the common a improvements of each phase as described herein coincident with inspection for be "Zone Clearance for Occupancy" on the first house of that phase. Each base will be annexed into the CHHOA provided that the common area improve ents have been approved by CHHOA prior to the close of escrow for the first house of that phase. Assessments for all Iots in an annexed phase become payable upon the close of escrow for the first house of that phase. CHHCIA will be named as an additional beneficiary under any common area eompl 'on bonds which the city may require to guarantee completion of these commo area improvements. 2. Common Area Landscaping and Fencing: Warmington will complete all common area landscaping, private slope landscaping, ront yard landscaping and slumpstone wall/wrought iron fencing per Landscape and Fencing plans by Lee Newman & Associates and described as: Sheets LC 1, 2 & 3; LI 1, 2 & 3; LF 1, 2 &I3; LD 1 & 2 dated April 13, 1990 and as approved by the (;ity 4/13/90. Shccta (Rccrcation Ccntcr) LC 1; LI 1; LP 1; LD 1,2 & 3 drawn 4/94 with City plan check corrections (Delta #/2) da 7/19/90. The installation of all common area landscaping, 1 fencing, walls and front yard landscaping for each cc completed before or coincident with lilt; "Zunt: C inspection required for the first house of that phase. shall consist of hydroseed lawn, supporting irrigation, lot consistent with city requirements, Pi Ivate slope landscaping, istruction phase are to be mrance for Occupancy" Front yard landscaping and one or two trees per JUL -20 -1994 12:36 FROM WARMINGTON HOME =! Waradogton Fromec and Campus Hills HOA Agr=Men+ July S, 1994 TO 18055298270 P.07 I Substitution of Trail System: CHHOA requests that Warmington not install the Trail System. In lieu of the Trail System, Warmington shall provide approximately $15,700 of additional amenities to the Recreation Center (identified as "R -2" pursuant to tract map 3963 -4B) The modifications to the Recreation Center shall include enlarging the existir g building to incorporate a meeting room large enough for social functions (sa e occupancy of 25 people, minimum) and will include minor amenities as requ ed by the CHHOA to the remaining extent of funds available (such as wet sin area, refrigerator, and air conditioning system). The CHHOA will have the right to examine all bids, books, and records which verify funds expenditures pertaining to this Recreation Center modification and to modify their requisitions 1br amenities accordingly. 4. Completion of Poo ecreation Area: Warmington s construct and complete all the pool and recreational facilities initially planned for this area and shall allow these facilities to be annexed into the CHHOA coincident with or before the issuance of a "Zone Clearance for Occupancy" for the first house of the third phase of construction. Due to maintenan elsecurity issues and the financial burden to CHHOA, the CHHOA and Warn ington do not wish to have these facilities completed until the completion of the second phase. The first hmr;e of this third phase, or approximately the 10th lot of the 97 to be constructed, has a target completion time period of he Spring of 1995, but in no event should be completed later than June 1, 199 . It should also be noted that after the first two phases are completed and annexed into CHHOA, the parties both agree that there will be free access by ex sting CHHOA members to the pool and recreational center through Heron Drive, separated from the construction traffic and area. (See attached map,) 5. Substitution of Floor Plans/Eievagons; Warmingtoi proposes to build three floor plans of approximately 2510 fe, 2738 ft', and 2858 ft'. The homes proposed were built by Warmington at their "FastRidge" project in Wood Ranch and Board members of the CHHOA ently toured their model homes. The CHHOA Board is pleased with the appe irance of these homes with one exception: the front elevations include mason veneer and wood siding. Warmington agrees to convert those exterior eleva ons to the existing stucco elevations and color palette of the c pus Hills co17tltrunity. 3 71 If '7q f o/1 I --). ra-, JUL -20 -1994 12:36 FROM WARMINGTON HOME=S TO 18055298270 P.08 Warmington Honwe and Campus HiUs HOA Agr=mczyt JOY 5, 1994 5. &oof Til Warmington has stated ther strong preference to use concrete "S" roof tile instead of clay "S" roof tic. The concrete "S* tile is preferable for less breakage, it absorbs less water which puts less strain on the roof, and can be repaired much easier than clay "S tile. CHHOA supports the use of concrete "S" roof tile consistent with a profile and color of our surrounding Campus Hills community Both parties to this agreement acknowledge that some pnin s of agreement contained herein may also be subject to City Council approval. Both parties to this agreement request that the City Council of Moorpark make these po' of agreement contained herein part of the conditions of approval thr Major Modifloation #3 to Planned Development Permit #1041. Agreed this day of July 5, 1994. Agreed by: Charles J. Fu President, North Counties Division Warmington Homes Agreed y: Steve C , Presid Cam Hills HUA Lina Sa iteffiA-Icrf resident Campui Mi s HOA ZTreagurer andy ellen, Campus Hills HOA Of Sonia Ugarte, etary Campus Hi11s OA Hedwig ibson, B ardmember s sHOA 'chael eckrone, Boardmember Campus is HOA Ted Ma ens, Boardmember Campus Us HOA TOTAL P.08 TI 11 7q 1 QA 1 'D: PD col 0 r,r>— ran. -� •,.,. -rr,