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HomeMy WebLinkAboutAGENDA REPORT 1991 0807 CC REG ITEM 09B/1 / -� .loot-13z) a B MOORPARK 799 Moorpark Avenue Moorpark, California 93021 MEMORANDUM City Council Moefincg of 1992 ACTION: t B TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: July 31, 1991 (CC Meeting of 8-7-91) SUBJECT: WESTLAND COMPANY RESIDENTIAL PROJECT (GPA-90-1; Z-90-2; TR-4726; TR-4738; RPD-90-2, RPD-90-3, AND RPD-90-4) Background At the City Council's meeting of July 24, 1991, amendments to the conditions of approval for the Westland Company project tract maps and RPD Permits were discussed. At that meeting, the applicant's attorney withdrew their request for a reimbursement agreement for offsite flood control improvements and also waived their nexus objection to offsite Los Angeles Avenue improvements between Liberty Bell Road and Belltramo Road. The City Council directed staff to amend conditions of approval as discussed and prepare the necessary resolutions and ordinance to allow approval of the Westland Company project at the Council's August 7, 1991, meeting. Discussion Attached is a draft ordinance to allow approval of the requested zone change (Z-90-2). Also attached are draft resolutions to allow approval of the requested General Plan amendment (GPA-90-1), tentative tract maps (TR-4726 and TR-4738), and RPD Permits (RPD's 90-2, 3, and 4). Draft conditions of approval are attached to the resolutions for the tract maps and RPD Permits. The following conditions have been modified to clarify offsite improvement requirements along Los Angeles Avenue: No. 67B of TR-4726, No. 45B of RPD-90-4, No. 74B of TR-4738, and 59B of RPD's 90-2 and 90-3. Other minor modifications to conditions were made to correct typographical errors. Approval of the General Plan amendment resolution will be effective the day following the second reading of the zone change ordinance for the project. The other resolutions for the tract maps and RPD permits will not be effective until 30 days following the second reading of the ordinance. A separate resolution has been prepared PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Councilmember The Honorable City Council July 31, 1991 Page 2 for certification of the Final Environmental Impact Re approval of the Findings, Statement of Overriding Considerations and the Mitigation Monitoring Program. The Affordable Housing Agreement will need to be signed prior to the second reading of the zone change ordinance. The City Attorney has completed her review of the draft Agreement, and staff is continuing to work with the applicant to final that Agreement. The final Agreement will be presented for City Council approval prior to the second reading of the zone change ordinance. Minor revisions to the zone change densities given in the resolutions and ordinance may be required prior to adoption based upon the 10 foot buffer area dedication requirement. Staff will clarify any necessary revisions at the August 7th meeting. The applicant is preparing an exhibit for the zone change ordinance to clarify the exact RPD zone boundaries and densities. Recommendation 1. Direct staff to make any necessary revisions to zoning densities based on information presented at the August 7th meeting. 2. Approve the resolution certifying the Final EIR as adequate, and approving the Mitigation Monitoring Program, the Findings and Statement of Overriding Considerations. 3. Approve the resolutions for the General Plan Amendment (GPA- 90-1), Tentative Tract Maps (TR-4726 and TR-4738), and RPD Permits (RPD's 90-2, 3, and 4). The resolution for the General Plan Amendment shall take effect the day following the second reading of the Zone Change Ordinance. The other entitlement resolutions shall take effect 30 days following the second reading of the Zone Change Ordinance. 4. Direct staff to schedule the first reading of the Zone Change Ordinance on August 21, 1991. 5. Direct staff to return the Affordable Housing Agreement to the Council for approval prior to the second reading of the Zone Change Ordinance. Attachments: ;* 1. Draft Resolution Certifying the Final EIR and Approving the Mitigation Monitoring Program, Findings and Statement of Overriding Considerations q1- 7 J�2. Draft Resolution for GPA-90-1 The Honorable City Council July 31, 1991 Page 3 3. Draft Zone Change Ordinance Draft Resolution for TR-4726 and Conditions of Approval y 5. "'Draft Resolution for RPD-90-4 and Conditions of Approval -"6. s-°Draft Resolution for TR-4738 and Conditions of Approval 7. ✓Draft Resolution for RPD's 90-2 and 90-3 and Conditions of Approval PJR/DST ITEM MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 MOORPARK, CALIFORNIA City C 1 Meeting City of Moorpark of 1991 City Council Hearing Staff Report Project Review of Environmental and Planning Concerns Regarding General Plan Amendment 90-1, Zone Change Z-90-2, Tentative Tract Nos. 4726 and 4738 and Related RPD Applications 90-2, 90-3, and 904 Project Name: Westland Residential Housing Project Hearing Date: July 17, 1990 POOWARK, CALIFORNIA Time: 7:00 P.M. City Co ncll Meeting Location: Moorpark City Council Chambers of ] _ I991 7 City Hall ACTION:._ 799 Moorpark Avenue, City of Moorpark -� Staff Contact: Deborah Traffcnstcdt, Senior Planner Application Numbers Residential Planned Development Permit Nos. 90-2 and 90-3 [multi- family] and 90-4 [single family] Zone Change No. Z-90-2 Tentative Tract Map No. 4738 [multi -family] and 4726 [single family] General Plan Application No. GPA 90-1 Application Deemed to be Complete: December 14, 1990 Assessor's Parcel Numbers APN SWO30-135, 145, 155, 165 and 180 Project Location The project is located on the south side of Los Angeles Avenue (State Route 118) at 850 North Los Angeles Avenue south of Shasta Avenue and Goldman Avenue in the City of Moorpark. Applicant and Westland Company Landowner MA4 Eastman Avenue Ventura, California 93003 PAUL W. LAWRASON JR. -1- BERNARDO M. PEPEZ SCOTT MONTGOMERY ROY E. TALLEY JR JOHN E. WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmember Councilmember Agenda, Requested Actions and Staff Recommendation Purposes of the Public Hearing. The purposes of this public hearing are: (1) to initiate City Council review of this project; (2) to provide a comprehensive description of the project including presentations .by staff and applicant representatives; (3) to receive both written and/or oral public comment on the advisability of approving or denying the proposed project; (4) to enable the Council an opportunity to review and evaluate all components of the project and to modify any Conditions of Approval recommended by the City of Moorpark and other public agencies; (5) to provide the Council an opportunity to review modifications made to the Conditions of Approval recommended by staff and the Commission at the prior hearing; (6) to review Planning Commission concerns regarding the proposed project and to consider what project modifications have been made in response to Planning Commission concerns; (7) to review the terms, conditions, implementation procedures and effectiveness of the draft Affordable Housing Agreement; and (8) depending on the degree to which all questions have been answered and the completeness of the recommended conditions, to direct staff to prepare the appropriate resolutions and ordinances to take the following actions: Environmental Review: certify the Final EIR; review, approve or modify and then adopt a Mitigation Monitoring Program; review and adopt a Statement of Overriding Considerations and appropriate Findings required by the California Environmental Quality Act. Affordable Housing Agreement: review, amend, and approve the Affordable Housing Agreement for this project, and, once this Agreement is executed by both parties, approve the following: Entitlements: prepare resolutions recommending approval of the project based on the recommended Conditions of Approval (with any modifications suggested by the Council) for Tract 4726 and 4738 and RPD Permit Numbers 90-2, 90-3, and 90-4. A related resolution changing the General Plan Land Use Designation for the project site and an ordinance amending the zoning for the property should also be prepared. The formal approval of appropriate resolutions and ordinances would be the subject of a future hearing. -2- 3 Alternatively, the Council could also act to deny the applications. A denial should be considered only after carefully considering all of the application materials, the applicant's presentations, public comment, the project EIR, Planning Commission actions, and related materials. Recommended Council Procedures: Staff recommends that the City Council open the public hearing, take testimony from the applicant and then from any member of the public interested in making comments, and then close the public hearing once all interested parties have spoken. The applicant should be afforded an opportunity to respond to all comments. Questions should be directed to staff to provide clarification of any issue raised either in the staff report, by the applicant, or by the public. Once the hearing is closed, the Council should review and comment upon the adequacy of the environmental review, the completeness of the Affordable Housing Agreement, and the content of the recommended Conditions of Approval and Findings. If necessary, the Council should request clarification and rewriting of conditions and revised conditions should be reviewed at a future public hearing. -3- Project Statistics Acreage 35.4 Acres Gross Dwelling Units Single Family Detached: 106 market rate single family detached residential units. Townhouse Condominiums: 85 market rate multi -family attached townhouse units. Affordable Single Family: 10 affordable single family detached units available to moderate (125% or less of Median) income households. Affordable Condominiums: 90 affordable multi -family attached townhouse units are to be made available to moderate (110% or less of Median) income households. Population persons (3.4 persons per dwelling unit) 100 detached = 360 190 attached = 646 Approximate Total Population: 1,006 Approval Agreements, Permits, Approvals Agencv Project EIR Certification Recommendation Community Development Dept. & Planning Commission Tentative Map Approval Plan Review General Plan Amendment Planned Development Permits Final Tract Map 1603 Agreement/404 Permit Construction Plan Zoning Clearance/Building Permit Affordable Housing Agreement Planning Commission & City Council Community Development Department Planning Commission & City Council Planning Commission & City Council City Council Dept. of Fish and Game U.S. Army Corps of Engineers U.S. Fish and Wildlife Service Building and Safety Department Community Development Department and Building and Safety Department City Council -4- Project Synopsis Project Title Westland Residential Housing Project Processing History: The General Plan Amendment application and companion Zone Change, Tentative Tract Maps, and Residential Planned Development permits would result in the creation of 191 market rate and 100 affordable (moderate income) homes. The percentage distribution of single and multi -family homes is provided in the Project Synopsis. Separate tract map and RPD permit applications have been submitted for both the single and multi -family phases of the project. On February 7, 1990, the City Council of the City of Moorpark, in consultation with the City's Affordable Housing Committee, reviewed the proposed project and accepted these applications for processing, authorized preparation of an EIR, concurred with the proposed affordable -market rate housing mix and authorized preparation of a formal Affordable Housing Agreement and possibly a Development Agreement. Project Objectives and Characteristics The objective of the project is to provide both affordable and market rate ownership housing opportunities for residents of the City of Moorpark and surrounding communities. Three types of housing ownership are proposed: conventional detached single family parcels and attached multi- family townhouses are offered using two types of condominium ownership rules. The affordable components of the project would be governed by specific qualification and residence criteria. The general attributes and characteristics of the single and multi -family components of the project are described below. Single Family Housing Component: The proposed single family residential development component of the project would be situated adjacent to and south of the proposed multi -family townhouse units between the Arroyo Simi and the applicant proposed extension of Unidos Avenue. The location, configuration, and relationship between the single family and multi -family units is displayed in the attached reduced copy of the proposed tract map for the single family project component. The houses in the single family portion of the project (comprised of a mix of one and two story structures) would be arranged in a grid pattern perpendicular to seven cul-de-sac access streets of variable length. The lots would be aligned in an east -west orientation. The proposed lots would range from about 109' x 45' to less than 90' x 40' on cul-de-sacs and average lot sizes would vary between 4,700 and 5,000 feet. Lot coverage would comply with all current zoning ordinance requirements. Full size Tentative Map, floor plan, and elevation exhibits are included with the Council's staff report. Reduced copies of the elevations are attached. The developer estimates that this part of the -5- Land Use and Zoning Designations: Existing and Proposed The existing land use description for lands within the project boundary is Agricultural (Exhibit 3, Draft City of Moorpark General Plan and Land Use Element, 1990). Existing land uses also include residences for farm workers and industrial material storage. The present land use designation for the property is 'MU, Medium low density residential use. Planned residential densities to the south are also 'ML' medium low density, to the west 'L', low density, and to the east, 'C-T, general commercial and 'H' high density and to the north, 'I-1' light industrial and 'M' medium density residential uses. The existing land use designation on the property permits 2.1 to 3 dwelling units per acre or 2.6 dwelling units per acre average. The project as proposed is not consistent with this designation. The current Land Use Plan for the project vicinity is displayed in Figure 4-3 of the EIR. The zoning on the property is currently designated R-1-13, single family residential uses with 13,000 square foot minimum lot sizes. The project as proposed is not consistent with this designation. The proposed project is situated within the City's defined Growth Area and it is also within the boundary of the Redevelopment Project. Existing Land Use Designation ML: Medium low density residential Existing Zoning Designation R-1-13: Single family residential (13,000 square foot lot size) The applicant is proposing that the General Plan and zoning designations currently applied to the property be modified for the two proposed Tracts as follows: Proposed Multi - Family Land Use Designation VH: Very High density residential (10.1-20 du/ac) Proposed Multi - Family Zoning Designation RPD-14.6: Residential Planned Development Permit (14.6 Units per acre) Proposed Single Family Land Use Designation M: Medium density residential (3.1-5 du/acre) Proposed Single Family Zoning Designation RPD-4.6: Residential Planned Development Permit (4.6 Units per acre) -7- Summary of the Environmental Analysis The Final EIR for the Westland Project is included as an attachment to this staff report. This EIR presents a complete analysis of the environmental issues that were considered in evaluating the effects of the project on the natural and physical environment in the project vicinity. The following brief summary presents a recapitulation of the EIR conclusions. Traffic Circulation The proposed project would generate substantial new traffic which would be distributed onto the surface streets and state highways in the project vicinity. Based on the engineering analysis performed for the EIR, it was determined by the City Traffic Engineer that the project would have significant effects on the following intersections: o Goldman Avenue and Los Angeles Avenue, o Spring Road and New Los Angeles Avenue, and o Spring Road and Los Angeles Avenue at High Street. With the addition of 'near term' cumulative traffic (pending developments without the inclusion of traffic from the major General Plan Amendments now under consideration), intersection levels of service would decline to unacceptable volume capacity ratios at the following additional locations o Gabbert and Tierra Rejada Roads at Los Angeles Avenue, o Goldman Avenue and Los Angeles Avenue, o Moorpark Road and Los Angeles Avenue, and o Liberty Bell Road and Los Angeles Avenue. With the addition of traffic from both 'near term' cumulative projects and future General Plan Amendments, the level of service at seven of these locations would be even more significantly impacted. Cumulative traffic problems at four of the seven intersections cannot be solved without acquiring additional rights -of -way and condemnation, and removal of some existing uses. Mitigation of project impacts can be accomplished through signalization and payment of fees as a contribution to intersection reconstruction costs. All project specific effects can be mitigated except impacts at Spring Road/New Los Angeles Avenue at High Street. At all of the locations where cumulative impacts are anticipated, payment of Area of Contribution fees would mitigate the project's contribution to cumulative effects. However, mitigation can only be partially accomplished at this time at several intersections given the limited funding available for future street improvements. The applicant's anticipated contribution to the Los Angeles Area of Contribution program would be about $646,000 which would offset impacts at locations where project specific effects would cause a significant decrease in Levels of Service (Moorpark Road and Los Angeles, Spring Road and New Los Angeles, and Spring Road\Los Angeles at High Street). To minimize cumulative effects at all seven of the locations referenced in the Traffic analysis, regional programs (such as connection of State Routes 23 and 118) are required and additional funds not currently available through the Area of Contribution program would be needed to complete all cumulative improvements. The project as proposed by the applicant includes collector street widening and improvements along Los Angeles Avenue. The consultants studied several options for assuring an orderly integration of project traffic with vehicle movements along Los Angeles Avenue and concluded that a signal would need to be ".I Q installed at the Goldman/Los Angeles Avenue intersection. Applicant funded traffic mitigation measures and planned improvements of collector streets and related drainage improvements are estimated to exceed one million dollars. Conditions of Approval have been proposed which would mitigate the project's contribution to both project specific and cumulative effects. Several mitigation measures in addition to those presented in the EIR have been developed in consultation with the City Engineer to assure that all circulation impacts are mitigated. Nonetheless, until regional improvements in the circulation system are made, some cumulative effects will remain even with mitigation. Air Quality Project specific air quality effects include short term construction emissions and effects associated with the long term operation of vehicles which would be driven by occupants of the proposed development. Both construction and operation emissions were determined to be significant. Construction emissions would only periodically exceed thresholds for a relatively short period of time (about 85 days) and some mitigation measures are available to reduce these emissions. However, the use of vehicles by new residents would produce a long term exceedence of the County of Ventura threshold for air quality impacts. A partial mitigation designed to compensate for emissions in excess of threshold has been recommended (in compliance with APCD guidelines) which involves the payment of fees to the City of Moorpark which would then be used for a variety of purposes to reduce emissions locally. Fees are estimated to be about $76,000. Conditions of Approval have been prepared requiring that both project specific and cumulative effects be mitigated. Cultural Resources A cultural resource survey was conducted of the entire property at the request of the Native American Heritage Commission. Based on a review of existing literature, the project site was determined to be of relatively low potential significance for archaeological and historic deposits and the Phase I field program and archival review confirmed this projection. The proposed development will not impact any cultural resources. A Condition of Approval has been included that requires evaluation of any unexpected cultural resource deposits if such remains are encountered during grading. Flood Control Plannine and Flood Hazards In response to requests from both the City and County, an engineering study was done to evaluate the potential hazards associated with on -site flooding due to the proximity of the Arroyo Simi to the project location. Several flood events were modeled using a HEC-2 computer synthesis and the 100' flood limit elevation was determined. The proposed layout of the project was adjusted several times to accommodate to various flood hazards identified during the engineering studies. The project as presently designed has incorporated required flood planning mitigation measures except: (1) some additional bank protections will need to be planned along the Arroyo to raise the elevation of the existing embankment and access road, and (2) an erosion protected shallow flooding collection system will need to be designed to collect and direct potential floodwaters originating from areas east of the project. Final plans for these improvements would need to be prepared prior to initiating construction. Both measures are technically and physically feasible. In addition, an existing sewer treatment main line that passes under a portion of the levee that will need to be improved may also need to be replaced. Conditions of Approval addressing all of the flooding issues raised in the environmental document and by reviewing agencies have been prepared. -9- 10 Geologic Hazards and Seismic Design Measures An engineering study was conducted to evaluate if ground shaking, fault rupture, or liquefaction potential would be severe enough to potentially damage structures or cause injury and/or loss of life. All three sources of geologic hazard were determined to be relatively minor. On the basis of this study, foundation design standards were proposed to prevent seismic effects from damaging any homes included within the project boundary. Conditions of Approval related to seismic design issues (including liquefaction) have been derived to address all seismic hazard issues. Aesthetics and Visual Resources The potential adverse aesthetic and visual resource effects of the project are related to modifications of view corridors, project density, and landscaping and streetscape design issues. View corridor effects were determined to be insignificant. Most potential adverse effects of the project were determined to be significant only within the proposed development. Visual and aesthetic impacts on the community and on the quality of life in the surrounding area were judged to be minor. Design suggestions were proposed to enhance the project's aesthetics. A number of revisions were recommended to the landscape plan and to building material and color selections. A number of Conditions of Approval have been prepared to assure that all of the issues raised in the design review of this project will be resolved appropriately prior to construction. All conditions relating to aesthetics have been written to include review of design solutions by the Director of the Community Development Department. In addition, the applicant has redesigned the project (along the western perimeter) in response to concerns raised by the residents of Maureen Lane. The creation of a landscape buffer and dedication of an open space linear easement have been incorporated into the Conditions of Approval. Additional aesthetic and quality of life mitigation measures recommended by the Planning Commission have been included in the Conditions of Approval. Refer to the discussion in the Planning Analysis in this report for additional discussion of this matter. Biological Resources The attributes of the Arroyo Simi as a riparian habitat were evaluated by the consultants, and the Arroyo was determined to be an insignificant biological or botanical resource. The Arroyo in the project vicinity has been completely improved so no interaction exists between the soils of the Arroyo and present water flows. The conditions in the improved channel do not meet Federal State, or County criteria for wetland definition. Nonetheless, the consultants recommended (and the applicant has agreed to fund) a riparian tree landscaping program along the boundary of the Arroyo adjacent to the project. This landscaping will serve as an aesthetic enhancement and an important habitat improvement feature. A Condition of Approval has been prepared which requires upgrading of the riparian canopy along the Arroyo Simi. Public Services The consultants evaluated the potential effects of the project on school facilities and wastewater treatment capacity, the two infrastructure issues identified by the City as potentially significant environmental effects. The project specific effects on local schools were determined to be significant. To minimize adverse effects, the consultant recommended that the City withhold Certificates of Occupancy for the project until Fall 1991 when a new elementary school will be completed that can absorb the anticipated student population that the development will generate. To offset long term demands on the educational system, payment of a $1.58-per- square-foot fee for all new construction will be required. These fees only partially offset long term impacts on the local educational system. Regarding wastewater disposal concerns, the consultants concluded that -10- the project can be served within the constraints of existing facility capacity but significant expansion of the Moorpark Treatment Plant will be required to meet future cumulative demands. The consultants reviewed and compared the various cumulative demand estimates that have been computed in the past year. Conditions of Approval have been included which adequately offset all impacts on public services and infrastructure. Noise Both the single and multifamily components of the project will be exposed to considerable traffic noise from Los Angeles Avenue. Therefore, considerable mitigation planning is needed to reduce both exterior and interior noise levels to acceptable standards. Noise projections were completed for several future conditions including development through the year 2010. Based on these projections and existing conditions, many portions of the project will be exposed to CNEL noise contours in excess of thresholds. Mitigation measures were proposed including construction of a berm and noise barrier wall along Los Angeles Avenue and incorporation of special construction details into the multifamily housing units. Noise related Conditions of Approval have been derived for both the single and multi -family applications. These conditions address both noise generated from traffic and design issues related to multi -family dwellings. Additional noise mitigation measures recommended by the Planning Commission have been incorporated into the Conditions of Approval. Hazardous Materials Several decades of agricultural use and the storage and recycling of various types of equipment and industrial materials has resulted in a relatively modest hazardous chemical deposition on the property. A two phase systematic inventory of all sources of contamination was conducted and a remediation program was developed to remove or process the soils on site that have levels of agricultural, chemical or hydrocarbon contamination. Several mitigation measures were recommended to clear the property of these hazardous materials. These mitigation measures have been incorporated into the Conditions of Approval for the project. Impact Summary Based on this review of significant effects, the project's impacts can be partitioned into insignificant effects, significant impacts subject to mitigation, impacts for which effective mitigation is available but not funded, and impacts for which complete mitigation is not possible. Project effects were determined to be insignificant on: o cultural resources and o biological resources. Regarding natural resources and potential sources of damage to property or injury, impacts subject to effective mitigation included: o project specific traffic impacts, o geologic hazards, o hazardous agricultural and petrochemical materials, o impacts on community aesthetics and visual resources, o availability of a long term water supply, o noise, and o vastewater treatment capacity. -11- Impacts that can be effectively mitigated if sufficient funding is provided include: o cumulative effects on and traffic circulation, o cumulative effects on school facilities, and o cumulative effects on wastewater treatment. Based on available information, with the exception of several locations where traffic improvements cannot feasibly be made at this time, cumulative effects associated with roads and public services are adequately mitigated. Significant impacts for which no effective mitigation exists or for which mitigation measures are only partially effective include: o short term construction air quality effects and o long term vehicle use emissions. A Statement of Overriding Considerations will be necessary to approve this project. Environmental Quality Assurance Program Implementation of environmental mitigation measures to be imposed on the proposed project will require the involvement of environmental specialists familiar with hazardous materials compliance, landscaping procedures, noise mitigation construction and other skills. Conditions of approval also will require some long term landscape restoration monitoring (for a period of two years) and possibly replanting of some areas. Under these circumstances, many mitigation measures will need to be implemented during and after construction as well as prior to the issuance of building permits. The complexity of these measures will require the appointment of an environmental quality specialist to coordinate the successful implementation of proposed conditions. The applicant has agreed to funding an Environmental Quality Assurance monitor. -12- 13 General Plan Consistency Analysis Project Consistency with the Land Use Element The primary concepts of land use regulation incorporated into the City's Land Use Element of the General Plan are oriented to: (1) situating developments in existing urban and designated growth areas, (2) assuring a balance between residential density, infrastructure, employment opportunities and commercial development, (3) planning new developments so incompatibility between adjacent land uses is avoided, (4) regulating the development approval process to provide for a decent quality of life, and (5) ensuring that new development is approved only if adequate public services, roadways, and important municipal facilities such as schools and parks are in place or can be expanded to meet new demands. The objective of achieving compliance with each of these important concepts is achieved through the process of imposing mitigation measures and planning development guidelines for the proposed project. These mitigation measures and the need for their adoption are discussed in individual chapters of the EIR. The consultant reviewed the Land Use Element Goals and Policies and found the project to be generally consistent with the following Plan issues, goals and policies: o Urban Form o Population and Urban Growth o Residential o Water Resources and Quality o Natural Resources o Physical Environment/Hazard Areas o Air Quality o Recreation o Economic Support and Development o Energy o Housing o Community Identity o Transportation. Consistency with policies related to visual resources is discussed in Chapter 11 of the EIR. The project would provide 285 units, 100 of which would be affordable. Few multi -family dwelling units are presently provided in the surrounding neighborhood. The density of the project is substantially higher than the current density of the adjacent residential tract. The project would serve to diversify the type of housing units provided in the neighborhood and, therefore, is consistent with these policies: -13- o Housing Goal No. 5 (p. 291 -- "... Provide housing opportunities for all segments of the population and for a variety of economic levels in proximity to jobs, schools, and shopping facilities." o Housing Policy No. 2 (p. 30) -- "A diversity of housing unit types and lot sizes should be provided to meet various housing needs." o Housing Policy No. 8 (p. 301 -- "... Provide for adequate, sound, and well - designed low-income housing in accordance with demand." The proposed project would provide moderate income purchase housing within a substantially developed neighborhood. The proposed project is located adjacent to other residential areas and a commercial/retail center. The project would provide needed affordable purchase price housing for moderate income households. The following policies and goals of the City's Land Use Element were determined to have specific relevance to the proposed project. The page numbers where these policies and goals are found in the Land Use Element are indicated in parentheses. o Urban Form Policy 1 (,p. 13) -- "Confine urban development in or adjacent to existing urban areas ... discourage outward expansion of development when suitable developable areas exist within the service areas." The project is proposed for a developing neighborhood, and is surrounded by urban uses. Police and fire protection services are currently provided to the area, and sewer and water infrastructure exists in the vicinity. Therefore, the proposed development, an urban infill project, is consistent with this policy. o Residential Goal No. 3 (p. 16) -- "... Provide residential developments with properly planned and adequate services and facilities. Public services are presently provided to the project area. Existing and planned facilities are capable of servicing the project but additional cumulative growth may be difficult to accommodate with present road and sewer infrastructure. Cumulative development in the City also has the potential to result in significant impacts on school facilities. The proposed project impacts on schools, roads, and the sewage treatment plants can be accommodated. But, cumulative development may be inconsistent with this goal. o Residential Policy No. 6 (,p. 161 -- "... Provide a range of residential densities which will ensure a variety of housing types to the residents of Moorpark." The Land Use Element encourages the development of economically and socially diversified residential housing. The project is consistent with this policy. Potential Inconsistencies with the General Plan As discussed in various chapters of the EIR, with the adoption of mitigation measures, the Westland project is generally consistent with most resource protection elements of the General Plan. In cases where consistency with adopted planning guidelines was obvious, the consultant did not review in writing specific goals and policies in this document. The consultant's conclusions regarding plan consistency are only recommendations regarding consistency. Only the Planning Commission and the City Council can make consistency findings. Two areas of potential inconsistency with the City's General Plan were identified. First, Education Goa16 states that one of the community's educational'goals is to provide for adequate educational facilities. Based -14- 15 on the information contained in the public Services chapter of the EIR (Chapter 13), this may not be feasible given the present levels of school funding obtained through developer contributions. This is a common problem throughout the State due both to the low priority given by the Legislature in funding educational programs and to the restrictions on school funding in the California Administrative Code. However, to the degree feasible within the legislative constraints placed_ on funding education by the State, this problem has been mitigated. The second inconsistency concerns the adequacy of public facilities, in this case, sewer facilities and road and intersection capacities. Public Facilities and Services Policy 1 states that urban development will be permitted only in locations were adequate public services are available or will be available in the near future. Although the project could be approved without being inconsistent with this policy, the approval of cumulative developments will require very major upgrading of road and sewer infrastructure. These issues are discussed in more detail in appropriate chapters of the EIR. The City's General Plan Update is currently being prepared to address the cumulative development problems in the City and to determine what methods are available for correcting circulation deficiencies related to community growth. Consistency With the City's Housing Element The stated purpose of the City's Housing Element (adopted November of 1989) is to identify local housing problems and needs and takes steps to mitigate and alleviate these needs and problems for all economic segments of the community. The Housing Element also contributes to meeting State housing goal of "early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. (Government Code Section 65581)." The proposed project is generally consistent with the goals, policies and objectives of the Housing Element. In particular, the following Land Use Element goals and polices support the Housing Element objectives that will be implemented by approval of the proposed project: Residential Policy 1: Encourage a variety of housing densities and varying densities within development. Policy 6: To provide a range of residential densities which will ensure a variety of housing types to the residents of Moorpark. Housin¢ Goal 1: To provide adequate housing to meet the needs and desires of all residents. Goal 5: To provide housing opportunities for all segments of the population and for a variety of economic levels in proximity to jobs, schools and shopping facilities. Policy 1: Encourage development of housing for all segments of the community. Policy 2: A diversity of housing unit types and lot size should be provided to meet various housing needs. Policy 3: Densities that will accommodate multiple units should be designated on the plan. Policy 8: To provide for adequate, sound and well -designed low-income housing in accordance with demand. -15- Project Consistency With Affordable and Moderate Rate Housing Need Assessments As of January 1990, according to State Department of Finance estimates, the City of Moorpark had a housing stock consisting of approximately 7,797 dwelling units. The State estimates provide the following breakdown of this housing stock by type of dwelling unit: 6,476 (83%) single-family dwellings, 189 (2%) mobile home units, 236 (3%) housing units in duplex to four-plex structures, and another 896 (12%) dwellings in structures containing five or more units. Of this total number of units, 166 units have been affordable (74 units in "Le Club" and 62 homes in Villa Campesina, and 30 in the Charles Street Senior Apartments) and the remainder have been market rate. This situation does not reflect the economic composition of the community. Moderate Income Families: The Population to be Served by the Westland Project As discussed in more detail in the Westland Project EIR, four income levels are identified in State law that must be considered in the Future Need calculations. These are: o "Very Low" -- less than 50% of the Ventura County median income o "Low" -- 50% - 80% of the Ventura County median income o "Moderate" — 80% - 120% of the Ventura County median income o "Upper" -- more than 120% of the Ventura County median income The Moderate Income classification is the market share objective of the proposed project. According to SCAG, the Identification of Future Need for the higher income levels gives each jurisdiction an estimate of effective demand, or how much demand for housing there will be in the locality as a function of market forces. Future Need at the lower income levels is often largely latent demand, since such income levels, without subsidy or other assistance, are often ineffective in causing housing to be supplied. According to SCAG, the revised share of regional housing need for the City of Moorpark is defined as: Income Group Very Low Low Moderate High Number Percentage 444 16.2% 515 18.8% 707 25.8% 1077 39.2% 2,743 100.0% The proposed project would be meeting some portion of the 25.8% required need. Although the City of Moorpark has a growth limitation ordinance, there are exceptions for low and very low cost housing. However, even with this exception there is still the need to subsidize affordable housing units. The need for subsidies has been noted by both SCAG and housing industry officials currently and in the past. The proposed project does not involve a subsidy program. -16- Proiect Consistency with Measure F The provisions of Measure F are implemented through the procedures adopted by the City Council in Resolution No. 88-522 and 87-421. Resolution 87-421 specifies a development allotment procedure based in part on the assignment of point ratings for several criteria. One criterion is the inclusion of affordable housing in the residential development. Five (5) points are awarded to a 25% density bonus project providing housing for median income households and three (3) points are awarded for a 25% density bonus project providing moderate income housing. The proposed project density was designed to take advantage of these density bonus provisions. The December 1988 amendments to Measure F were adopted by the City as a result of a lawsuit settlement agreement with the building industry. That agreement included increasing the number of development allotments for calendar years 1989 through 1994 from 250 to 270, and included a revision to the allotment procedure to allow unused allotments to be carried over to each ensuing calendar year until awarded. Because no residential approvals were made in 1989 or 1990, the allotments for these two years have been carried forward to the 1991 calendar year. Sufficient unallotted units are available to approve the project without exceeding the allocation limits. Project Consistency with Future Five -Year Housing Program in the Housing Element The purpose of this Five -Year Housing Program discussion is to describe those actions and programs which the City of Moorpark will undertake to continue the maintenance, improvement and development of housing for all residents of the City. The described programs are to serve as a guide to proposed implementation of the City's primary goal of meeting identified housing needs. Relevant goals and policies include: Housing Production and Assistance Goals, Policies, and Objectives Goal #2: Assist in the development of adequate housing to meet the needs of low and moderate income households. o Encourage the provision of affordable low- and very low-income residential units by approving a general plan amendment/zone change for a density higher than 10.1 dwelling units to the acre only when affordable housing is provided. No General Plan amendment/zone change application should be approved to allow a density higher than 10.1 dwelling per acre unless a planned development permit and an affordable housing agreement are conditionally approved by the City. o Promote the development of well -designed, lower -income housing units with plans and programs developed and supported by the City Council and Planning Commission. o Balance employment opportunities with the provision of housing by balancing housing costs with income levels. o Utilize density bonus provision of State law (Sections 69515-65918 of the California Government Code) to encourage provision of very low- and low-income housing units to meet the City's share of regional housing needs. The project is consistent with these goals. -17- The project has been conceived and developed to comply with Program 11 in the Housing Element. This program states: 11. Program: Continue use of Affordable Housing Committee to promote the development of affordable housing. The applicant has worked closely with the Affordable Housing Committee in developing the unit mix and proposed Affordable Housing Agreement for this project. Density Bonus/Incentive Program The Housing density bonus program provides cost saving inducements to developers to provide affordable housing in new developments. Developers who provide ownership and rental housing or who provide a set aside of ownership and rental housing for low and moderate income households would qualify for bonus incentives. Under this program, maximum density allowances would be increased by a predetermined formula. The project has been conceived to take advantage of density bonus provisions. Proposed Affordable Housing Agreement Terms and Conditions A Draft Affordable Housing Agreement is included as an attachment to the staff report. Project Consistency With Important County and Regional Planning Guidelines County Air Quality Management Plan (AQMPI The 1987 AQMP includes population forecasts for the Ventura growth and non -growth areas. These projections are used for determining the consistency of a project with the AQMP. The County of Ventura Dwelling Unit and Population forecasts incorporated into the General Plan were consulted to determine if buildout of the Westland Project would exceed forecast values for the City. The proposed population and housing density for the Westland Project considered in this EIR would not result in the exceedence of any population or dwelling unit forecasts. Compliance with the City's Growth Management Ordinance would assure consistency of the project with AQMP forecasts. County Water Quality Management (208/201) Plats Population forecasts for the Ventura growth and non -growth areas were adopted by the County Board of Supervisors in May 1985. These projections have not yet been incorporated in the 208 Plan; however, they were included in the recent update of the AQMP. As summarized in the EIR, the addition of the Westland Project housing to the existing baseline population and dwelling unit inventory in the City will not exceed forecasted values. Therefore, the project has been determined to be consistent with the 208 Plan. County Solid Waste Management Plan The County Solid Waste Management Plan was adopted in 1984, and updated in 1985. The Plan identifies existing and potential landfill sites within the County. Based on available information, the proposed project is consistent with this Plan. IM County Hazardous Waste Management Plan Iq Due to the scope of the household hazardous waste problem, the proper mitigation for this problem is regional and City-wide. The City is currently actively planning to achieve State mandates concerning household waste. The City has implemented a curbside recycling program (for glass, aluminum cans, plastics, and newspapers). The City also plans to establish a collection site for household hazardous waste. The City is still studying possible locations and whether or not regularly scheduled collection days at a temporary site may be more feasible than establishing a permanent facility. -19- 20 Planning Analysis The EIR contains a complete review of the architectural and landscape design features of this project. Planning concerns were also addressed in the environmental document (primarily in Chapter 5, Plans and Policies, and in the Alternatives analysis, Chapter 16). Based on concerns raised by the public and by the Planning Commission during the project review, several issues of concern were identified. The resolution of these issues is summarized in the following discussion. Issue 1: Privacy, Quality of Life and Compatibility with Maureen Lane Residences The EIR described anticipated quality of life changes that may result from the placement of the proposed project next to an older residential area with larger lots sizes where animal husbandry is commonly practiced. At the public hearing on the EIR and in Planning Commission hearings, a number of neighborhood residents expressed objections to the proximity of a relatively high density project to the less intensively developed Maureen Lane community. In response to these concerns, the applicant met with local homeowners and several additional mitigation measures were conceived to address community concerns. These measures included dedicating a 10 foot landscaping easement to the homeowners on the west side of Maureen Lane, providing a landscaped buffer between the proposed project and adjacent residents, adjusting the window height of single family residences adjacent to Maureen Lane to prevent invasion of backyard privacy, and modification of the height of the perimeter wall along Maureen Lane to assure privacy. These measures have been incorporated into the project Conditions of Approval. Some questions have been raised about the implementation of this measure (which will require a series of related minor lot line adjustments). Based on available information, all residents of Maureen Lane subject to the proposed lot line adjustments have expressed willingness to cooperate with implementation of the condition. If this condition cannot be implemented as proposed (all effected residents must agree to the adjustment), then a revision to the condition would be necessary. The proposed buffer could be included within the rear yard of homes included in the Westland development if Maureen Lane residents do not cooperatively assist in implementing the buffer condition. This option would provide the required buffer without problems related to acceptance of a lot line adjustment on the part of Maureen Lane residents. The applicant will return to the City for a condition modification to place the buffer within the proposed project if, after due diligence in implementing the condition as written, property owners along Maureen Lane are uncooperative. This is not anticipated. A typical cross section of the proposed buffer is illustrated on the project Landscape Plan. Including the proposed buffer within the rear yard of the project, the Maureen Lane buffer which would be included within the Maureen Lane property owner parcels, and an existing Southern California Edison easement, the total buffer between the existing and proposed developments is approximately 30 feet. Some members of the Commission expressed concern about the location of multi -family recreational facilities and restrictions to be placed on the use of market rate and affordable recreation areas. The applicant is not willing to alter the intended plan to provide separate recreational and swimming pool facilities for the market rate and affordable components of the property. The present recreational use plan would permit market rate residents to use either of the two pools and recreation areas but the affordable residents would be restricted to use of a single, designated pool recreation area. This arrangement is warranted, in the applicant's perspective, because the market rate residents would be partially offsetting the cost of the development of the designated recreation area for affordable residents. The separation of uses is an essential part of the successful marketing of the units according to the applicant. 03 Issue 2: Extension of Unidos Avenue to Liberty Bell To provide a secondary access loop for the project (to address County Fire District condition recommendations) and to satisfy long term circulation planning and neighborhood concerns about traffic patterns and traffic safety, the project has been conditioned to provide for the completion of Unidos Avenue from the western boundary of the project to Liberty Bell. This arrangement will provide a satisfactory long term circulation system for the area between Maureen Lane and Liberty Bell. A condition has been prepared which requires the applicant to complete this extension across an adjacent currently undeveloped property. Staff is recommending that the City enter into a reimbursement agreement with the applicant which would provide a method for recovering the costs of this extension once the adjacent property is developed. Issue 3: Project Design Issues Project design details are discussed thoroughly in the Final EIR. Most design issues related to building detailing, color, finishes, and landscaping have been resolved. Conditions of Approval have been prepared which require that remaining design issues be reviewed by the Director of the Community Development Department prior to issuance of building permits. Elements of the project subject to further review include the landscaping plan, lighting plan, noise barrier and perimeter privacy wall plans, and building color and detailing. Project design issues related to sound transmission between multi -family units were discussed during the Planning Commission deliberations on the project. Concerns were expressed about the arrangement of bedrooms and garages in certain parts of the multi -family project and the degree of sound attenuation afforded by the recommended mitigation measures was unclear. Noise effects related to the number of persons occupying multi -family units were also a concern. The proposed noise reduction measures included in the Conditions of Approval will provide a 50 db attenuation factor. This is a very substantial reduction in sound penetration between units. In addition, several CC & R restrictions have been added to the Conditions of Approval regarding the use of garages and the number of individuals residing in each unit. In response to public comments and concerns, the applicant has agreed to several design mitigations to minimize aesthetic effects on adjacent properties west of the proposed development. To implement these measures, it will be necessary to adjust the location and configuration of some single family lots and to modify the internal arrangement of recreational facilities in the multi -family component of the project. These modifications may change the housing unit density calculations for the project. Therefore, staff has recommended that revised Tract Maps be submitted to City Council for both the single and multi -family developments to accurately reflect proposed design modifications. As of the time of preparation of the staff report, these submittals had not been delivered to the City. The Planning Commission expressed concern that the proposed bus stop along Los Angeles Avenue would be inadequate to serve the number of students that would occupy the proposed project. The Commission recommended relocation of the bus stop to Unidos Avenue. Staff contacted the Moorpark Unified School District (Lyle Richardson, Personal Communication, June 28, 1990) to determine if the District would support this modification. The District reiterated that the bus stop should be located along Los Angeles Avenue. The District stated that they would support extending the bus curb cut and providing a covered waiting area but the District reiterated opposition to relocating the bus stop onto Unidos. Issue 4: Agency Review Agencies and Departments within State and County governments have reviewed the proposed project and the EIR. Reviewing parties included the City Engineer, County Fire Protection District, County Flood Control District, County Sheriffs Department, County Waterworks District 1, Caltrans District 7, SCAG, -21- 22 and the Moorpark Unified School District. Staff has incorporated the recommended conditions and requirements generated through this agency review into the proposed Conditions of Approval. Issue 5: Affordable Housing Agreement and Conditions Implementing This Agreement The City and the applicant have been negotiating the form and substance of an affordable housing agreement for the project. The basic terms and conditions that would be applicable to this agreement are provided in the Affordable Housing Agreement which is attached to this staff report. Staff consulted with the City of Simi and several other jurisdictions about procedures for conditioning the proposed General Plan Amendment and Rezone to assure that all terms and conditions contained in the Affordable Housing Agreement are properly implemented. Conditions 1(A) and 1(B) of all four related Conditions of Approval for both Tract Maps and RPD permits contain language that would permit the revocation of RPD permits and the initiation of a process to remove the proposed high density zoning and General Plan designation from the property if all terms and conditions in the Affordable Agreement are not implemented. Issue 6: EIR Modifications in the Project Description The computation of traffic fees in the Conditions of Approval were based on a project with 100 single family dwellings. Due to an error on the single family Tract Map legend, the number of units included in the environmental document was 6 units less than proposed by the applicant. The total number of units single family units requested and illustrated on the Tract Map was 106. The difference of 6 units would not change any findings in the EIR. The Conditions of Approval for traffic fees have been changed in the revised Conditions to include increased fees associated with the trip generation of six additional homes. Issue 7: Modifications to Proposed Conditions Recommended by the Planning Commission In addition to Conditions of Approval recommended by City staff and other agencies, the following additional conditions were recommended by the Planning Commission and included in the final version of the Conditions: o The CC&Rs for the multi -family development shall prohibit any excessive noise generating activities in garages. Garages shall not be used for residential purposes. o The CC&Rs for the multi -family development shall establish occupancy standards for two and three bedroom units. These standards shall be designed to prevent crowding or inappropriately large numbers of persons from residing in a unit. o Single and multi -family units shall comply with all pertinent Title 24 and Uniform Building Code conditions regarding handicapped access and facilities. o The General Plan Amendment and Rezone approvals shall be subject to full implementation of the Affordable Housing Agreement. If the terms and conditions of this Agreement are not carried out in full in the implementation of the project, the associated RPD permits shall be revoked and the City shall institute proceedings to amend the General Plan land use designation and zoning and reinstate the prior land use designation and zoning for the property. -22- z3 Staff Recommendation The staff recommends that the City Council direct staff to prepare appropriate resolutions and ordinances to enable approval of Tentative Tract Map Nos. 4726 and 4738 and related Residential Planned Development Permit applications (RPD-90-2, 90-3, and 90-4), and General Plan Amendment 90-1 and Zone Change Z-90-2. Prepared By 01 S. i t Deborah S. Traffenstedt Senior Planner Approved by: Patrick J. Director i of Community Development -23- Recommended Final Conditions of Approval Tentative Tract 4726 Residential Planned Development Permit 90-4 Tentative Tract 4738 Residential Planned Development Permits 90-2 and 90-3 25 Recommended Conditions of Approval 'tentative Tract No. 4726 CONDITIONS OF APPROVAL Tentative Tract No. 4726 A Single Family Residential Development Related Application and Conditions: Residential Planned Development Permit 904 Applicant: The Westland Company Hearing Date: July 17, 1991 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS General Requirements 1(A). Approval of the Tentative Map is conditioned upon execution of an Affordable Housing Agreement between the City of Moorpark and the applicant or developer. Compliance with terms and conditions of this agreement is mandatory. No Final Map shall be recorded until this agreement is signed. l(B). The General Plan Amendment and Rezone approvals shall be subject to full implementation of the Affordable Housing Agreement. If the terms and conditions of this Agreement are not carried out in full in the implementation of the project, the associated RPD permits shall be revoked and the City shall institute proceedings to amend the General Plan land use designation and zoning and reinstate the prior land use designation and zoning for the property. 2. The conditions of approval of this Tentative Map supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map; and that all provisions of the Subdivision Map Act, City of Moorpark Ordinances and adopted City policies apply. 3. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 4. The developer's recordation of this Map and/or commencement of construction as a result of this Map shall be deemed to be acceptance of all conditions of this Map by the applicant. 5. 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, the stricter ones shall take precedence. 6. If any of the conditions or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 7. The applicant agrees as a condition of approval of the tentative and final subdivision maps to defend at his sole expense any action brought against the City because of approval or renewal of this subdivision. Applicant shall reimburse the City of any court costs and/or attorneys fees which the City may be required by a court to pay as a result of any such action. The City, may, -1- Z� at its sole discretion, participate in the defense of any such action, but such participation shall not relieve applicant of his obligations under this condition. 8. The development shall be subject to all applicable regulations of the RPD zone designation for the property. 9. No Zoning Clearance shall be issued for any building construction until the Final Map has been recorded. Prior to the issuance of any building permit, a zoning clearance shall be obtained from the Department of Community Development. A Building Permit shall be obtained from the Department of Building and Safety after the granting of a zoning clearance. 10. The Tentative Map shall expire three years from the date of its approval. Failure to record a Final Map with the Ventura County Recorder prior to expiration of the Tentative Map shall terminate all proceedings, and any subdivision of the land shall require the filing and processing of a new Tentative Map. Prior to Grading Permit Approval, the Following Conditions Shall be Satisfied: 11. The developer shall submit grading plans to the Director of Community Development for approval to ensure compliance with the Mitigation Monitoring Program. 12. In order to reduce the visual impact of manufactured slopes, the top and toe of these slopes shall be rounded off. Also, the grading plan shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. 13. Complete landscape plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect. The landscape plans shall comply with pertinent City Zoning Codes and shall generally be in conformance with the Ventura County Guide to Landscape Plans. The Plans shall be submitted to the Director of Community Development for review and approval. The applicant shall bear the total cost of the landscape plan review and final installation inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The final landscape plans shall be approved by the Director of Community Development prior to issuance of Zoning Clearance. All landscaping and planting shall be accomplished and approved by the Director of Community Development, or his designee, prior to the approval of occupancy. The final project landscape plans shall include landscaping specifications, planting details, and design specifications for all of the following project components which shall be subject to the following conditions: a. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Community Development Director. b. Backflow preventers, transformers, or other exposed utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and/or a wall. C. A sufficiently dense tree planting plan emphasizing tall growing trees and/or shrubs shall be designed along the western site boundary to minimize quality of life changes and the loss of privacy of the adjacent single-family neighborhood along Maureen Lane. Trees shall be a minimum of 15 gallon or 24 inch box size in order to provide screening in a short time period. Recommendations regarding planting included in the EIR shall be incorporated to the degree feasible into the screening plan. The size -2- 28 of trees to be planted shall be subject to approval by the Community Development Department Director. d. All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance; all pedestrian walkway plans shall be subject to Director of Community Development design approval. e. Any turf plantings associated with this project shall be drought tolerant, low-water using variety. f. Landscaping at site entrances and exits and at any.intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. g. A coordinated street tree planting program shall be developed which will provide a dominant street tree within each of the six cul-de-sac streets in the development. Dominant street trees shall vary between streets to provide aesthetic diversity within the development. h. Written approval of all landscaping programs within the Caltrans easement along Los Angeles Avenue shall be obtained from this agency prior to approval of the landscape plan by the Director of the Community Development Department. Los Angeles Avenue landscaping improvements (including the proposed barrier wall) shall be implemented. i. A riparian woodland planting program along the Arroyo Simi shall be included in the landscape plan. This planting plan should be designed to provide a nearly continuous canopy of local riparian woodland trees along the Arroyo margin within the project limits. Trees to be planted should include native California broadleaf trees (Sycamore, Box Elder, Elderberry, Cottonwood, Alder, and other selected species). j. Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping until such time as the Homeowners' Association accepts responsibility. Prior to Homeowners' Association acceptance of responsibility for the landscaping, the applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the subdivision. k. The applicant shall dedicate a ten foot landscaping easement along the western perimeter of the proposed project to provide a buffer from adjacent development along Maureen Lane. The fee ownership of this easement shall be transferred to the individual ownerships along Maureen Lane. The easement shall include restrictions to prevent any use of this dedicated are for purposes other than landscaping. A ten (10) foot raised landscaped area shall be required along the western boundary of Lots 4 through 20. A deed restriction shall be required to allow landscaping only in this area. 14. The applicant shall submit a plan for review and approval of the Director of Community Development which identifies how compliance with the utilities undergrounding requirement will be met. -3- 29 15. Within two days after City Council adoption of resolutions approving Tentative Tract Map 4726 and related entitlements, the applicant shall submit to the City of Moorpark a check for $875, payable to the County of Ventura, to comply with the Assembly Bill 3158. Pursuant to Public Resources Code section 21089(b) and Fish and Game Code section 711.4(c), the project is not operative, vested or final until the filing fees are paid. 16. No grading permit for Tract 4726 may be issued unless there has been an award of residential development management system allotments for the project. When the award is for less than the entire project, grading beyond the immediate area of the lots for which the applicant proposes to utilize the allotments shall only be allowed in accordance with the following: a. The developer executes, in a form approved by the City Attorney, a waiver of any claim of a vested right to be exempt from Measure F as a result of grading beyond the area for which the allotments have been awarded and an acknowledgement that the developer assumes any risks that may result from commencement of grading prior to the award of allotments for the entire project; and b. The applicant has been awarded allotments for at least 15 percent of the number of non-exempt residential dwelling units, in which case the grading may be carried out for the entire project. Prior To Final Map Approval, The Following Conditions Shall be Satisfied: 17. Prior to final map approval, the developer of Tract 4726 shall obtain residential development management system allotments for all residential lots. 18. An unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate sewer service. 19. Condition 19 was transferred to page 12 and is now referenced as condition 71(A). 20. The subdivider shall obtain a "District Release" from the Calleguas Municipal Water District and Waterworks District No. 1. Applicant shall be required to comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. 21. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. 22. The applicant shall pay Quimby (park and recreation) Fees consistent with City Ordinance No. 6. -4- 23. Covenants, Conditions, and Restrictions (CC&R's) establishing a Homeowners' Association for the proposed division shall be prepared and shall identify the maintenance responsibilities of the Homeowners' Association including, but not limited to, the following: Maintenance of all streets and common -shared driveways, all storm drains and channels, the landscaped entry areas, the landscaping along the Arroyo Simi and western landscaping buffer adjacent to Maureen Lane, any slope directly affecting drainage or street facilities, and any identified maintenance areas. Should the Homeowner's Association fail to maintain in a satisfactory manner, these components of the project or any portion thereof, these project components, or portion thereof, shall be annexed, at the City's option, to a City Assessment District. The total cost of any Assessment District so established shall be borne by the lot owners within Tract No. 4726. Prior to approval of the Final Map, an easement covering all areas to be maintained by a Homeowner's Association shall be irrevocably offered to the City for maintenance purposes. 24. The CC&R's shall include all Tentative Map conditions of approval which have been identified for inclusion in the CC&R's, and shall be submitted to the Director of Community Development and City Attorney for review and approval prior to Final Map approval by the City Council. Tentative Map conditions of approval shall be highlighted in the copies of the CC&R's submitted for City review. Prior to sale of any lots, the CC&R's shall be approved by the State Department of Real Estate and then recorded. 25. The applicant shall be required to pay all costs associated with City Attorney review of the project CC&R's prior to final map approval. 26. The Homeowners' Association may modify the CC&R's only to the extent that they do not conflict with the terms of approval of the Tentative Map. Further, the Homeowners' Association shall enforce the CC&R's. 27. The CC&R's shall include a requirement that any future residential units constructed in the subdivision shall comply with Chapter 2-53 of Part 2 and Chapter 4-10 of Part 4, of Title 24 of the California Administrative Code. 28. The CC&R's shall include a requirement that ultra -low water consumption plumbing fixtures shall be installed consistent with City Ordinance No. 132. The CC&R's shall also include a requirement for the following energy saving devices: a. Stoves, ovens, and ranges, when gas fueled, shall not have continuous burning pilot lights. b. All thermostats connected to the main space heating source shall have night setback features. C. Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. -5- 31 29. A fencing, perimeter, and privacy barrier wall plan (complete with related landscaping details) identifying the materials to be used and proposed wall heights and locations shall be submitted to and approved by the Director of Community Development. The approved fencing and barrier wall plan shall be incorporated into the CC&R's. All fencing and barrier walls along lot boundaries shall be in place prior to occupancy. The barrier wall along the western property boundary adjacent to Maureen Lane shall be completed in its entirety prior to occupancy of any unit along the westernmost cul-de-sac in the development. 29(A). Single and multi -family units shall comply with all pertinent Title 24 and Uniform Building Code conditions regarding handicapped access and facilities. 30. The CC&R's shall include language requiring that no structures, walls, or fences shall be erected which impede or restrict sheet flow of drainage between lots. 31. The CC&R's shall include language prohibiting use of wood or asphalt shingles as roofing materials for residential structures. 32. The CC&R's shall require the Homeowner's Association to remove any graffiti within ten (10) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. 33. The Final Map shall indicate all trail and landscaping easements shown on the Tentative Map. The minimum width of said easements shall be 10 feet. With the exception of the easement along the western project boundary adjacent to Maureen Lane, all said easements shall be deeded to the Homeowners' Association. 34. Concurrent with recording of the Final Map, the applicant shall dedicate a ten foot landscaping easement along the western perimeter of the proposed project to provide a buffer from adjacent development along Maureen Lane. The fee ownership of this easement shall be transferred to the individual ownerships along Maureen Lane. The easement shall include restrictions to prevent any use of this dedicated area for purposes other than landscaping. In addition, to assure the privacy of existing adjacent homes along the western perimeter of the development, second story windows will be no lower than six (6) feet from the second story line to prevent views into the yards of the Maureen Lane homes. Properties subject to this restriction will be deed restricted to prevent changes to this window limitation and these restrictions shall also be incorporated into the CC&Rs for the project. 35. Prior to Final Map approval, the applicant shall make a contribution of $3000 per unit to the City which will be used to fund public street or traffic improvements which would be directly or indirectly impacted by project generated traffic. $I 3z CITY ENGINEER CONDITIONS Prior to Final Map Approval, The Following Conditions Shall he Satisfied: 36. a. The applicant shall submit to the City for review and approval, a grading plan prepared by a registered civil engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion. Cut or fill slopes shall be no steeper than 2:1 (horizontal:vertical). Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. b. An erosion control plan shall be submitted for review and approval if grading is to occur between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required (to the degree feasible) within 60 days of completion of grading. C. All haul routes shall be approved by the City Engineer. On -site haul routes shall be limited to graded areas only. 37. a. The applicant shall submit to the City for review and approval, a detailed soils and geotechnical report prepared by both a civil engineer and a geotechnical engineer registered with the State of California. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the recommendations of the approved soils report. b. Review of the soils and geotechnical report by the City's geotechnical consultant will be required. The applicant shall reimburse the City for all consultant review costs including the Citys administrative costs. 38. a. The applicant shall submit to the City for review and approval, street improvement plans prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. Any necessary right-of-way required to complete the improvements will be acquired by the applicant at their expense. b. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, paving, and any necessary transitions to the satisfaction of the City Engineer. C. To provide for secondary access, the applicant shall construct Unidos Avenue improvements to connect the project site with Liberty Bell Road. The right-of-way and improvements shall be designed and constructed as an interim measure, with additional right-of-way and improvements to be provided in the future by the adjacent developer. The applicant shall execute a reimbursement agreement with the City to receive reimbursement from the developer of the adjacent parcel at the time of development of the adjacent parcel. d. The applicable Ventura County Road Standard Plates are as follows: 1. Unidos Avenue shall be per Plate B-4A. 2. Unidos Avenue (offsite) shall be per Plate B-3D, modified to provide 28 feet of paving within 36 feet of right-of-way as an interim facility. 3. "A", "B", "C", "D", "E", "F, and "G" courts shall be per plate B-5B. -7- 33 39. The applicant shall demonstrate to the satisfaction of the City Engineer that each building pad has adequate protection from a 100-year storm and feasible access during a 10-year storm. 40. The applicant shall submit to the City for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer. The applicant also shall enter into an agreement with the City to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. The project drainage plans shall provide the necessary improvements to eliminate the ponding along the south side of Los Angeles Avenue between Shasta Avenue and Maureen Lane. The project drainage improvements and street improvement plans shall provide for the ultimate disposal of all run-off flows over this stretch of roadway. Hydrology shall be per current Ventura County Standards except as follows: a. all catch basins in sump locations shall be designed for a 50-year storm; b. all catch basins on continuous grades shall be designed for a 10-year storm; C. all catch basins in a sump condition shall be designed such that the depth of water at intake shall equal the depth of the approach flows; d. all culverts shall be designed for a 50-year storm; e. drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; f. for a 10-year storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available where possible. g. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the applicant. 41. The applicant shall submit to the City and the Ventura County Flood Control District (VCFCD) for review and approval, bank protection plans for the Arroyo Simi prepared by a registered civil engineer, shall enter into an agreement with the VCFCD to complete the improvements and shall post sufficient surety guaranteeing the completion of the improvements. The bank protection improvements shall include raising the north levee as necessary in order that an ultimate discharge of 25,400 cfs is contained in the Arroyo Simi with three feet of freeboard. The improvements shall extend from Tract 4147 (Villa Campensina) to west of Maureen Lane whereby all properties within this distance shall be protected from this design discharge. 3y The bank protection plans shall address: a. Whether the existing toe rock must be increased if the north or south levees are raised. b. Whether there will be any change to the water surface elevation due to the additional rip -rap to the toe rock and to the top of the levees. C. The impact of any change to the water surface elevation on the proposed Arroyo Vista Park and High School property on the south side of the Arroyo Simi shall be mitigated in accordance with City, FEMA, and VCFCD requirements. d. How the shallow flooding from the property to the east of the project site should be contained and conveyed to the Arroyo Simi. 42. The applicant shall submit to the City and the Water Works District No. 1 for review and approval, sanitary sewer plans for the replacement, encasement and/or protection of the existing 27 inch sanitary sewer line located within the north bank of the Arroyo Simi. The plans/analysis shall be prepared by a registered civil engineer. The applicant shall enter into an agreement with the Water Works District to complete the improvements and shall post sufficient surety guaranteeing the completion of the improvements. 43. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City Engineer. 44. The applicant shall make a special contribution to the City in the amount of $9,090, which represents its 4.5% share of the total costs of mitigation improvements to the Spring Road - New Los Angeles Avenue intersection. This contribution represents the total contribution for Tract 4726 and Tract 4738. 45. The applicant shall submit to the City and Caltrans for review and approval, a traffic signal plan for the intersection of Goldman Avenue - Los Angeles Avenue, prepared by a registered civil engineer, shall enter into an agreement with the City to complete these improvements; and shall post sufficient surety guaranteeing completion. The applicant shall also enter into a reimbursement agreement with the City, whereby the applicant will be entitled to receive 50% reimbursement of the costs associated with the traffic signal construction. If the traffic signal is deemed warranted and construction is permitted by Caltrans, the signal shall be operational prior to any occupancy. If construction of the signal is not allowed by Caltrans at the time of the applicant's request for occupancy, the applicant shall deposit 125% of the total estimated construction cost with the City. The required bond for this signal can be exonerated if the cash deposit is provided to the City. This construction cost shall include associated engineering, construction inspection and administration costs. This cash deposit does not relieve the applicant from constructing the signal. The applicant shall construct the signal upon receiving Caltrans permission to do so. 46. The applicant shall make a special contribution to the City in the amount of $15,150, which represents its 7.5% share of the total costs of mitigation improvements to the intersection of Los Angeles Avenue - Moorpark Avenue. This contribution represents the total contribution for Tract 4726 and Tract 4738. -9- 47. The applicant shall make a special contribution to the City in the amount of $1,725, which represents its 4.0% share of the total costs of mitigation improvements to the Spring Road - High Street intersection. This contribution represents the total contribution for Tract 4726 and Tract 4738. 48. The applicant shall deposit with the City a contribution for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Area of Contribution rate at the time of final map approval. If previous payment of this contribution can be demonstrated to the City's satisfaction, this condition shall be waived. 49. The applicant shall indicate in writing to the City Engineer, the disposition of any water well or any other well that may exist within the project. If any wells are proposed to be abandoned, or if they have been abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372 and any applicable Division of Oil and Gas requirements. 50. The applicant shall transmit (by certified mail) a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State of 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 Engineer. 51. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes (such as the construction of Unidos Avenue, the proposed trail along Arroyo Simi, or other applicable undertakings), the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Government Code Section 66457. a. Notify the City in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for such purposes as provided in Government Code Section 664625; 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 (iv) a current Litigation Guarantee Report; C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the Cites cost (including, without limitation, attorneys fees and overhead expenses) of acquiring such an interest in the land. 52. The applicant shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. 53. The applicant shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., landscaping, parks, fencing, etc.) or which require removal (i.e., model homes, temporary debris basins, etc.). -10- 310 In Conjunction with Final Map Approval, the Following Conditions Shall be Satisfied: 54. The applicant shall offer to dedicate on the Final Map to the City of Moorpark for public use, a. all right-of-way for public streets as shown on the Final Map; b. the offsite right-of-way for Unidos Avenue between the project site and Liberty Bell Road; and C. any portion of right-of-way for the proposed trail along the Arroyo Simi not located within existing flood control easements. 55. The applicant shall dedicate on the Final Map to the City of Moorpark, public service easements as required. 56. The applicant shall delineate areas subject to flooding as a "Flowage Easement" and then offer the easements for dedication to the City of Moorpark on the final map. Lot to lot drainage easements, flood hazard areas and secondary drainage easements shall also be delineated on the Map. Assurance shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. Prior to Zone Clearance, the Following Conditions Shall Apply: 57. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of a watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the new 10, 50, 100 and 500 year flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. A conditional letter of map revision (if required by FEMA) shall be provided to the City prior to zone clearance. The applicant will be responsible for all costs charged by the FEMA and the City's administrative costs. During construction, the following conditions shall apply: 58. Prior to any work being conducted within the State or City right-of-way, the applicant shall obtain an encroachment permit from the appropriate Agency. 59. The applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit for any construction activity within the Ventura County Flood Control District right-of-way and a Streamcourse Alteration Permit for any work within portions of the Arroyo Simi subject to the jurisdiction of the Corps of Engineers . 60. The applicant shall construct all necessary drainage facilities, including brow ditch and slope bench drainage channels, with a permanent earth tone color so as to minimize visual impacts. Said color shall be submitted to and approved by the Planning Director as part of the grading plans. 61. An 18" slough wall shall be constructed directly behind the back of the sidewalk where slopes over four feet are adjacent to sidewalk so as to reduce debris from entering streets. -11- 37 62. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriffs Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. Contaminated or hazardous soil as defined by Department of Health Services may not be used for on -site soil fill or roadway subgrade unless the Department of Health Services determines in writing, that said material has been treated to a level that is no longer considered a public health risk or requires public disclosure by the Department of Real Estate. Any contaminated or hazardous soil shall be removed to an approved landfill. 63. Where roads requiring four or more inches of pavement are to be built, the applicant shall construct the required street section minus one -inch of paving as an interim condition until all utility cuts or trenching are completed. The final one -inch cap of asphalt shall be placed after all necessary trenching is completed. 64. No trees with a trunk diameter in excess of four inches shall be trimmed or removed without prior approval of the Director of Community Development. Prior to occupancy, the following conditions shall be satisfied: 65. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of this condition. 66. The Los Angeles Avenue - Goldman Avenue traffic signal shall be operational prior to any occupancy. If construction of the signal is not allowed by Caltrans at the time of the applicant's request for occupancy, the applicant shall deposit 125% of the total estimated construction cost with the City. The required bond for this signal can be exonerated if the cash deposit is provided to the City. This construction cost shall include associated engineering, construction inspection and administration costs. This cash deposit does not relieve the applicant from constructing the signal. The applicant shall construct the signal upon receiving Caltrans permission to do so. 67. The construction of the extension of Unidos Avenue east of the project boundary to provide a connection with Liberty Bell shall be completed to provide secondary access to the project site from Liberty Bell Road. Any direct expenses incurred by the developer relating to the construction of pavement, curb, gutter, sidewalk, traffic signal or right-of-way acquisition along Unidos Avenue east of the project boundary shall be reimbursed by the future developer of the adjacent property (or properties) where this extension is constructed. The City will enter into an agreement with the developer of Tract No. 4726, agreeing to condition the future developer of the adjacent property (or properties) where the Unidos extension is constructed to reimburse the developer of Tract No. 4726 for all expenses related to this extension. The agreement will be prepared by the developer of Tract No. 4726, subject to review and approval by the City. The developer shall pay for the City's legal review and any additional expenses necessary to complete the reimbursement agreement. 67(A). The following offsite improvements along Los Angeles Avenue shall be completed: full paveout shall be provided along the south side of Los Angeles Avenue between the easterly project boundary and Liberty Bell Road, between the western project boundary and Belltramo Road, and full intersection improvements (which may include curb and gutter and sidewalks west of Maureen Lane) to correct the drainage problem that exists at Maureen Lane and Los Angeles Avenue. These improvements may require the acquisition of some right-of-way. -12- 3110) Prior to acceptance of public improvements and bond exoneration, the following conditions shall be satisfied: 68. Sufficient surety guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance by the City Council. 69. Original "as -built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for 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 block on each sheet. Submission of "asbuilt" plans is required before a final inspection will be scheduled. 70. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 71. The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 71(A). All proposed utilities shall be undergrounded to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KV or larger power lines. This requirement for undergrounding includes all above -ground power poles on the project site as well as those along the frontage of the site in the Caltrans right-of-way. The undergrounding of utilities must be accomplished prior to final map approval. VENTURA COUNTY WATERWORKS DISTRICT NO, 1 General Requirements 72. The applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations". VENTURA COUNTY FLOOD CONTROL AND WATER RESOURCES DEPARTMENT Prior to Grading Permit Approval, the Following Condition Shall be Satisfied: 73. The Final Drainage Study shall be reviewed and approved by the County of Ventura Flood Control and Water Resources Department. MOORPARK UNIFIED SCHOOL DISTRICT Prior to Final Map Approval, the Following Condition Shall be Satisfied: 74. A school bus turn -out shall be provided on the south side of Los Angeles Avenue. The design of this turn -out shall be approved by the School District prior to grading permit approval. -13- VENTURA COUNTY FIRE DISTRICT 75. Access roads shall be installed with an all weather surface, suitable for access by fire department apparatus. A minimum clear street width of 36 feet shall be provided. 76. 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, approved fire protection system or systems shall be installed as required and acceptable to the Bureau of Fire Prevention. 77. When only one (1) access point is provided, the maximum length of such access shall not exceed 800 feet. 78. A secondary access road shall be provided to the development. 79. Prior to recordation of street names, proposed names shall be submitted to the Fire Department -Communication's Center for review. All street names shall be approved by the City Council after review by the Fire Department. 80. Street signs shall be installed prior to occupancy. 81. Address numbers, a minimum of 4 inches (4") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are setback more than 150 feet (150) from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 82. A minimum fire flow of 1,000 gallons per minute shall be provided at this location. 83. Prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for the approval of the location of fire hydrants. Existing hydrants on plan within 500 feet of the development shall be shown on the plan. 84. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch and one 2- 1/2 inch outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 500 feet on center, and so located that no structure will be farther than 250 feet from any one hydrant. d. Fire hydrants shall be 24 inches on center, recessed in from the curb face. 85. 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 Ventura County Ordinance #14. 86. All grass or brush exposing any structure(s) shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 87. An approved Underwriter's Laboratory (UL) spark arrestor shall be installed on the chimney of any structure(s). -14- y0 MOORPARK POLICE DEPARTMENT CONDITIONS 88. A licensed security guard is required during the construction phase, or a 6-foot high chain fence shall be erected around the construction site. 89. Construction equipment, tools, etc., shall be properly secured during non -working hours. 90. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 91. Address numbers shall be a minimum of 6 inches in height and illuminated during the hours of darkness. 92. All exterior doors shall be constructed of solid wood core a minimum of 1 and 3/4 inches thick. 93. Doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1 inch. 94. All residential sliding glass doors or windows shall be equipped with metal guide tracks at the top and bottom and be constructed so that the window cannot be lifted from the track when in the closed or locked position. 95. Every residential unit in the tract shall have locks using combinations which are interchange free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies. ENVIRONMENTAL MITIGATION CONDITIONS Some of the following mitigation conditions have been incorporated into the recommended City Engineer conditions listed above. Duplicated conditions included in revised format in the City Engineer Conditions are indicated in italics. In cases where a mitigation conditions conflicts with another Condition of Approval, the stricter condition shall apply. Environmental Quality Monitoring Program 96. Prior to issuance of any zoning clearance for the Westland project, the applicant shall fund the appointment of an Environmental Quality Assurance Monitor for the project. The monitor shall be selected by and contracted with the City; this monitor shall be financially and professionally independent of the developer. This monitor shall be under contract full time for the duration of the construction period during which all roads, rough and finish grading, and utilities are installed. Monitoring would be periodic following the completion of these phases of construction. Monitoring shall begin with the initiation of pre -construction demolition and be terminated when all landscaping mitigation measures have been implemented and been field verified. The monitor shall be responsible for all mitigation measure enforcement and compliance with monitoring reporting requirements. -15- Traffic and Circulation 97. Goldman Avenue/Los Angeles Avenue Signalization and Improvements - A traffic signal shall be installed at this location prior to occupancy of the proposed project. The Westland development shall be responsible for paying for 50% of the cost of this new signal (about $50,000). In addition to this signalization, the south side of Los Angeles Avenue shall be improved to ultimate planned width along the project frontage. This segment shall be striped for lane markings consistent with existing traffic movements (including a westbound left turn lane). Northbound and southbound Goldman Avenue shall be striped for separate left and right tum lanes. 98. Spring Road/New Los Angeles Avenue -The City of Moorpark is currently coordinating an intersection improvement project at this location which would require right-of-way acquisition, widening to allow installation of additional northbound and southbound left tum lanes and provision of additional eastbound and westbound through lanes, (while retaining all other existing lanes). The proposed development shall be required to participate in a cost -sharing allocation for this improvement (estimated to be about $9000 or 4.5% of the total intersection reconstruction cost). 99. Spring Road & Los Angeles Avenue High Street - No feasible mitigation is available to improve this intersection to acceptable levels of service due to the limits of existing rights -of -way and development. Some improvements to LOS at this location can be achieved by restriping Spring Road to provide 1 northbound right turn lanes and a combined northbound through -left tum lane. The project's prorata share of this improvement is estimated to be about $1500 or 4% of the total improvement cost. 100. Moorpark Avenue at Los Angeles Avenue - The applicant shall contribute to funding improvements at this intersection to mitigate both project specific and cumulative effects. The intersection should be redesigned to provide a northbound left tum, through and right turn lane, two eastbound left tum and three through lanes, one left turn and three through lanes westbound4 and one left turn, one through -left and one right turn lane on the southbound approach. The applicant's contribution to the improvement of this intersection is estimated to be about $15, 000. 101. The applicant shall contribute to the Los Angeles Avenue Area of Contribution. The actual contribution shall be the adopted fee at the time official map approval. Air Quality Construction Emissions 102. The applicant shall assure that contractors properly maintain and operate construction equipment and use direct injection diesel engines or gasoline powered engines if feasible. 103. The applicant shall assure that contractors water exposed graded areas on a daily basis. 104. Dust generation produced during grading shall be suppressed by the following activities: a. All exposed soil areas shall be sprinkled with water at least once an hour during grading operations. b. All trucks importing fill to the site shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 4 p.m. on weekdays only. -16- yz C. All active portions of the construction sites shall be sufficiently watered to prevent excessive generation of dust. d. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. e. All grading and excavation operations shall cease during periods of high winds. f. On -site vehicle speed shall be limited to no more than 15 miles per hour. Emissions Associated with New Residences 105. The applicant shall contribute $45,490 in air quality mitigation fees to the City of Moorpark. These funds shall be used at the City's discretion to pay for programs designed to reduce emissions in the local airshed. Flood Hazards 106. Channel bank protection along the Arroyo Simi conforming to County Flood Control District requirements shall be incorporated into the project design. The channel bank protection plan shall address (1) whether the eacisting toe rock must be increased if the north or south levees are raised, (2) whether there will be any change to the water surface elevation due to the additional rip -rap to the toe rock and to the top of the levees, (3) the impact of any change to the water surface elevation on the proposed Arroyo Vista Park and High School property on the south side of the Arroyo Simi shall be mitigated in accordance with FEMA and VCFCD requirements, and (4) how the shallow flooding from the property to the east of the project will be contained and conveyed to Arroyo Simi. All Flood Control District recommendations shall be incorporated into project building plans prior to issuance of grading permits and the recommended mitigation measures shall conform with City Ordinance No. 100 requirements regarding pad elevations and protection from a 100 year storm. 107. Reinforcement of the existing sewer line (in the vicinity of the proposed levee reconstruction) shall be completed to achieve compliance with County Flood Control and Engineering standards. In consultation with County Flood Control and Waterworks District 1, a final design solution for this problem shall be decided upon prior to issuance of building permits. The final design configuration shall be acceptable to the sewer line owner of record Geologic Hazards 108. The design mitigations recommended by the geotechnical consultants shall be incorporated into the project working drawings. The City Engineer shall verify that all design measures are accounted for in the building plans prior to issuance of any Building Permits for the project. Specific design measures are provided in the EIR Technical Appendix (Buena Engineers 1990. 9- 12). Biological and Botanical Resources 109. A riparian woodland planting program shall be required along the Arroyo Simi within and adjacent to the project boundary. This planting plan should be designed to provide a nearly continuous canopy of local riparian woodland trees along the Arroyo margin within the project limits. Trees to be planted should include native California broadleaf trees (Sycamore, Box Elder, Elderberry, Cottonwood, Alder, and other selected species). -17- y3 Public Services School Facilities 110. The new elementary school currently under construction in the project vicinity shall be completed and operating prior to release of the Certificates of Occupancy for the Westland housing project. 111. The project applicant shall pay required school fees to the Moorpark Unified School District prior to issuance of Building Permits. Long, Term Water Supply 112. Low water consumption toilets, showers, faucets and exterior landscaping drip irrigation systems shall be required. 113. Kitchen cabinets shall be configured to enable installation of low water demand water conserving dishwashers and washing machines. All hot water lines shall be insulated. 114. Adequate room shall be planned in utility right-of-ways for installation of reclaimed water pipelines to service open space landscaped areas, streetscape landscaping, and open space residential greenbelt areas. Noise 115. Any required noise reduction walls along internal circulation roads or along the northern perimeter of the proposed project shall be constructed to conform with requirements presented in the Noise Technical Report (Walker-Celano 1990) prepared for the project. Noise barrier locations and designs shall be reviewed and approved by the Community Development Department prior to issuance of Zoning Clearance. Hazardous Materials 116. Prior to issuance of grading permits, the applicant shall submit a report to the Community Development Department demonstrating compliance with all remedial actions recommended in the Phase II Hazardous Materials Assessment. In addition, an environmental engineer should monitor the demolition of existing industrial facilities on the property and if significant hazardous material contamination is observed or detected, remedial actions shall be required. -18- Recommended Conditions of Approval Residential Planned Development Permit No. 90-4 45 CONDITIONS OF APPROVAL Residential Planned Development Permit 904 A Single Family Residential Development Related Application and Conditions: Tentative Tract No. 4726 Applicant: The Westland Company Hearing Date: July 17,1991 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS General Requirements: 1. Approval of this Residential Planned Development Permit is conditioned upon execution of an Affordable Housing Agreement between the City of Moorpark and the applicant or developer. Compliance with terms and conditions of this agreement is mandatory. If compliance with this Agreement is not achieved, the City Council may nullify this RPD permit. 1(B). The General Plan Amendment and Rezone approvals shall be subject to full implementation of the Affordable Housing Agreement. If the terms and conditions of this Agreement are not carried out in full in the implementation of the project, the associated RPD permits shall be revoked and the City shall institute proceedings to amend the General Plan land use designation and zoning and reinstate the prior land use designation and zoning for the property. 2. The permit is granted for the construction of 110 detached single family residential units (100 market rate and 10 affordable) as shown on the submitted plot plans and elevations. The location and design of all site improvements shall be as shown on the approved plot plan and elevations except or unless indicated otherwise herein. 3. The final design of all buildings, open spaces, recreation facilities, walls, landscaping, fences and other design elements (including building materials, finishes, and colors) is subject to the approval of the Director of Community Development prior to issuance of a zoning clearance. 4. This development is subject to all applicable regulations of the RPD Zone and all agencies of the State of California, Ventura County, the City of Moorpark, and any other governmental entities. 5. The permittee agrees to a condition of issuance or renewal of this Permit to defend, at their sole expense, any action brought against the City because of issuance or renewal of this Permit, or in the alternative, to relinquish this Permit. The permittee will reimburse the City for any court costs and/or attorneys fees which the City may be required to pay as a result of any action by a court. The City may at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of the obligations under this condition. -1- tib 6. No Condition of this Permit shall be interpreted as permitting or requiring any violation of law, or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 7. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial two-year period. 8. Land uses and facilities other than those specifically approved by this Permit shall require a modification to the Permit. 9. Any minor changes to this Permit shall require the submittal of an application for a minor modification and any major changes to this Permit shall require the submittal of a major modification. 10. If any of the Conditions or limitations of this Permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 11. A sign permit is required for all on -site signs. 12. Prior to submission of construction plans for plan check or initiation of any construction activity, a zoning clearance shall be obtained from the Department of Community Development. 13. The permittee's acceptance of this permit and/or commencement of construction and/or operations under this permit shall be deemed to be acceptance of all conditions of this permit. Prior to issuance of a zoning clearance, the following conditions shall be satisfied: 14. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by these Conditions. 15. The final construction working drawings shall be submitted to the Director of Community Development for review. 16. Complete landscape plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect. The landscape plans shall comply with pertinent City Zoning Codes and shall generally be in conformance with the Ventura County Guide to Landscape Plans. The Plans shall be submitted to the Director of Community Development for review and approval. The applicant shall bear the total cost of the landscape plan review and final installation inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The final landscape plans shall be approved by the Director of Community Development prior to issuance of Zoning Clearance. All landscaping and planting shall be accomplished and approved by the Director of Community Development, or his designee, prior to the approval of occupancy. The final project landscape plans shall include landscaping -2- HI 00-000 specifications, planting details, and design specifications for all of the following project components which shall be subject to the following conditions: a. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Community Development Director. b. Backflow preventers, transformers, or other exposed utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and/or a wall. C. A sufficiently dense tree planting plan emphasizing tall growing trees and/or shrubs shall be designed along the western site boundary to minimize quality of life changes and the loss of privacy of the adjacent single-family neighborhood along Maureen Lane. Trees shall be a minimum of 15 gallon or 24 inch box size in order to provide screening in a short time period. Recommendations regarding planting included in the EIR shall be incorporated to the degree feasible into the screening plan. The size of trees to be planted shall be subject to approval by the Community Development Department Director. d. All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance; all pedestrian walkway plans shall be subject to Director of Community Development design approval. e. Any turf plantings associated with this project shall be drought tolerant, low-water using variety. f. Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. g. A coordinated street tree planting program shall be developed which will provide a dominant street tree within each of the six cul-de-sac streets in the development. Dominant street trees shall vary between streets to provide aesthetic diversity within the development. h. Written approval of all landscaping programs within the Caltrans easement along Los Angeles Avenue shall be obtained from this agency prior to approval of the landscape plan by the Director of the Community Development Department. Los Angeles Avenue landscaping improvements (including the proposed barrier wall) shall be implemented. i. A riparian woodland planting program along the Arroyo Simi shall be included in the landscape plan. This planting plan should be designed to provide a nearly continuous canopy of local riparian woodland trees along the Arroyo margin within the project limits. Trees to be planted should include native California broadleaf trees (Sycamore, Box Elder, Elderberry, Cottonwood, Alder, and other selected species). -3- j. Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping until such time as the Homeowners' Association accepts responsibility. Prior to Homeowners' Association acceptance of responsibility for the landscaping, the applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the subdivision. k. The applicant shall dedicate a ten foot landscaping easement along the western perimeter of the proposed project to provide a buffer from adjacent development along Maureen Lane. The fee ownership of this easement shall be transferred to the individual ownerships along Maureen Lane. The easement shall include restrictions to prevent any use of this dedicated are for purposes other than landscaping. A ten (10) foot raised landscaped area shall be required along the western boundary of Lots 4 through 20. A deed restriction shall be required to allow landscaping only in this area. 17. No roof mounted equipment (other than required vents) shall be permitted. Exceptions to this limitation must be approved by the Director of Community Development. 18. (Condition deleted: determined to be inapplicable subsequent to Planning Commission review). 19. All residential units shall be constructed employing energy saving devices. These are to include, but are not limited to, the following: a. Low flush toilets (not exceed 1.6 gallons of water per flush). b. Shower controllers (which emit a maximum of 2.5 /gallons of water per minute). C. Stoves, ovens and ranges, when gas fueled, shall not have continuous burning pilot lights. d. All thermostats connected to the main space heating source shall have night setback features. e. Kitchen ventilation system to have automatic dampers to ensure closure when not in use. 20. Exterior lighting within the development shall be limited street lighting. Front yard lighting shall be limited to illumination of entryways and address identification. Excessively bright and/or unshielded front door lighting shall be prohibited. 21. Television cable service shall be provided to all residential units consistent with existing city cable system requirements. Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of residential buildings. 22. All existing and proposed utilities are required to be undergrounded to the nearest off -site utility pole except through transmission lines. This requirement for undergrounding includes all above ground power poles on the project site and those along the frontage of the site in the Los Angeles Avenue right-of-way. Prior to the issuance of a zoning clearance, the applicant shall submit a plan for review and approval to the Director of Community Development which identifies how compliance with the undergrounding requirement will be met. I: LA q 0--010 23. Gutters and roof drains for all buildings shall be provided. 24. No asbestos pipe or construction materials shall be used without prior approval of the City Council. 25. Prior to the issuance of a Zoning Clearance, a surety Bond in the amount of $10,000 shall be filed and accepted by the Director of Community Development. The Director of Community Development may, through a public hearing to be heard before the City Council, recommend that any or all of the funds in the Surety Bond be forfeited for noncompliance of the Conditions of Approval or for some other just cause. This condition shall automatically be superseded by a related resolution ordinance regarding condition compliance for entitlement approvals as adopted by the City Council. 26. If any archaeological or historical artifacts are uncovered during excavation operations the permittee shall assure the preservation of the site, shall obtain the services of a qualified archaeologist to recommend proper disposition of the site, and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. Should human burial remains be encountered during any grading or excavation activities, the permittee shall cease operation and shall notify the Community Development Department staff. Following notification, the permittee shall obtain the services of a qualified archaeological consultant and Native American Monitor(s) who shall assess the situation and recommend proper disposition of the site as approved by the Director of Community Development. Prior to issuance of a building permit, the following conditions shall be satisfied: 27. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from Ventura County Waterworks District No. 1. 28. The applicant shall pay all school assessment fees levied by the Moorpark Unified School District. Prior to occupancy, the following conditions shall be satisfied: 29. The height of all walls around the perimeter of the project site shall be in substantial conformance with perimeter wall details included in the project Landscape Plans. Sound attenuation requirements referenced in the acoustical report for the development shall be taken into account as necessary (within CNEL contours where attenuation is required). All wall heights shall be in substantial conformance with preliminary architectural and landscape plans; the final wall design shall be prepared in consultation with the Director of the Community Development Department. Wall elevations along the western boundary of the project shall be adjusted (adjacent to Maureen Lane) to assure privacy is retained in adjacent backyards. The barrier wall shall be tan colored slumpstone or another material acceptable to the Community Development Department director. Landscaping berms and other planting techniques shall be employed to minimize the visual dominance of any perimeter walls around the development. The entire western perimeter wall between the Arroyo Simi and Unidos shall be constructed and landscaped prior to occupancy of any units situated along the westernmost cul-de-sac within the development. The barrier wall and landscaping along Los Angeles Avenue shall be completed prior to occupancy of any single family dwellings. -5- 30. In all homes included within a distinct phase of construction, all front yard landscaping shall be fully planted prior to occupancy of any unit included within the subject construction phase. For each construction phase, all front yard landscaping shall be fully installed prior to occupancy of the last unit in that phase. 31. Prior to the issuance of an Occupancy Permit, all landscaping and irrigation system installation shall be completed and approved by the Director of Community Development or his designee. 32. No use for which this permit is granted shall be commenced with until a Certificate of Occupancy has been issued by the Building and Safety Division. In addition, no Certificate of Occupancy may be issued until all on -site improvements specified in this permit have been completed or the applicant has provided some form of financial security to guarantee the agreement such as a Faithful Performance Bond. Said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development, the surety may be exonerated by action of the Director of Community Development. After issuance of a certificate of occupancy, the following conditions shall be applicable: 33(a). The continued maintenance of the permit area facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within thirty (30) days after notification. 33(b). The applicant and subsequently, once formed, the Homeowner's Association shall remove any graffiti within ten (10) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. This requirement shall be included in the CC&Rs for the development. CITY ENGINEER CONDITIONS Prior to Zone Clearance, the following condition shall apply: 34. All "Prior to Final Map Approval Conditions" included for Tract 4726 are applicable to this RPD permit and shall be complied with prior to zoning clearance. 35. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of a watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the new 10, 50, 100 and 500 year flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. A conditional letter of map revision (if required by FEMA) shall be provided to the City prior to zone clearance. The applicant will be responsible for all costs charged by the FEMA and the City's administrative costs. During construction, the following conditions shall apply: 36. Prior to any work being conducted within the State or City right-of-way, the applicant shall obtain an encroachment permit from the appropriate Agency. no 51 37. The applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit for any construction activity within the Ventura County Flood Control District right-of-way and a Streamcourse Alteration Permit for any work within portions of the Arroyo Simi subject to the jurisdiction of the Corps of Engineers. 38. The applicant shall construct all necessary drainage facilities, including brow ditch and slope bench drainage channels, with a permanent earth tone color so as to minimize visual impacts. Said color shall be submitted to and approved by the Planning Director as part of the grading plans. 39. An 18" slough wall shall be constructed directly behind the back of the sidewalk where slopes over four feet are adjacent to sidewalk so as to reduce debris from entering streets. 40. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriffs Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. Contaminated or hazardous soil as defined by Department of Health Services may not be used for on -site soil fill or roadway subgrade unless the Department of Health Services determines in writing, that said material has been treated to a level that is no longer considered a public health risk or requires public disclosure by the Department of Real Estate. Any contaminated or hazardous soil shall be removed to an approved landfill. 41. Where roads requiring four or more inches of pavement are to be built, the applicant shall construct the required street section minus one -inch of paving as an interim condition until all utility cuts or trenching are completed. The final one -inch cap of asphalt shall be placed after all necessary trenching is completed. 42. No trees with a trunk diameter in excess of four inches shall be trimmed or removed without prior approval of the Director of Community Development. Prior to occupancy, the following conditions shall be satisfied: 43. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of this condition. 44. The Los Angeles Avenue - Goldman Avenue traffic signal shall be operational prior to any occupancy. If construction of the signal is not allowed by Caltrans at the time of the applicant's request for occupancy, the applicant shall deposit 125% of the total estimated construction cost with the City. The required bond for this signal can be exonerated if the cash deposit is provided to the City. This construction cost shall include associated engineering, construction inspection and administration costs. This cash deposit does not relieve the applicant from constructing the signal. The applicant shall construct the signal upon receiving Caltrans permission to do so. 45(A). The construction of the extension of Unidos Avenue east of the project boundary to provide a connection with Liberty Bell shall be completed to provide secondary access to the project site from Liberty Bell Road. Any direct expenses incurred by the developer relating to the construction of pavement, curb, gutter, sidewalk, traffic signal or right-of-way acquisition along Unidos Avenue east of the project boundary shall be reimbursed by the future developer of the adjacent property (or properties) where this extension is constructed. The City will enter into an agreement with the developer of Tract No. 4726, agreeing to condition the future developer of the adjacent property (or properties) where the Unidos extension is constructed -7- 52 to reimburse the developer of Tract No. 4726 for all expenses related to this extension. The agreement will be prepared by the developer of Tract No. 4726, subject to review and approval by the City. The developer shall pay for the City's legal review and any additional expenses necessary to complete the reimbursement agreement. 67(A). The following offsite improvements along Los Angeles Avenue shall be completed: full paveout shall be provided along the south side of Los Angeles Avenue between the easterly project boundary and Liberty Bell Road, between the western project boundary and Belltramo Road, and full intersection improvements (which may include curb and gutter and sidewalks west of Maureen Lane) to correct the drainage problem that exists at Maureen Lane and Los Angeles Avenue. These improvements may require the acquisition of some right-of-way. Prior to acceptance of public improvements and bond exoneration, the following conditions shall be satisfied; 46. Sufficient surety guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance by the City Council. 47. Original "as -built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for 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 block on each sheet. Submission of "asbuilt" plans is required before a final inspection will be scheduled. 48. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 49. The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. MOORPARK POLICE DEPARTMENT CONDITIONS During construction, the following conditions shall apply: 50. A licensed security guard is recommended during the construction phase, or a 6-foot high chain link fence shall be erected around the construction site. 51. Construction equipment, tools, etc., shall be properly secured during non -working hours. 52. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured prior to installation. All serial numbers shall be recorded for identification purposes. Prior to occupancy, the following conditions shall be satisfied: 53. Landscaping shall not cover any exterior door. 54. Landscaping at any intersection shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 53 55. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1-inch deadbolt. 56. Address shall be clearly visible to approaching emergency vehicles and shall be mounted against a contrasting color. 57. There shall not be any easy exterior access to the roof area of residential units. 58. The number location of individual units shall be displayed at or near each unit entrance and lighted during the hours of darkness. If used, directory boards require a separate sign permit. 59. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. 60. Upon occupancy by the owner or proprietor, each single unit in the development, constructed under the same general plan, shall have locks using combinations which are interchanging free from locks used in all other separate proprietorships or similar distinct occupancies. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS Prior to the issuance of a zoning clearance, the following conditions shall be satisfied: 61. Access roads shall be installed with an all weather surface, suitable for access by fire department apparatus. A minimum clear street width of 36 feet shall be provided. 62. The access roadway shall be extended to within M feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Bureau of Fire Prevention. 63. When only one (1) access point is provided, the maximum length of such access shall not exceed 800 feet. 64. A secondary access road shall be provided to the development. 65. Street signs shall be installed prior to occupancy. 66. Address numbers, a minimum of 4 inches (4") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are setback more than 150 feet (M) from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 67. A minimum fire flow of 1,000 gallons per minute shall be provided at this location. 68. Prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for the approval of the location of fire hydrants. All existing hydrants within 500 feet of the development shall be shown on this plan. 69. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Moorpark Water Works Manual. -9- 5y a. Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch and one 2- 1/2 inch outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 500 feet on center, and so located that no structure will be farther than 250 feet from any one hydrant. d. Fire hydrants shall be 24 inches on center, recessed in from the curb face. 70. 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 Ventura County Ordinance #14. 71. All grass or brush exposing any structure(s) shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 72. An Underwriter's Laboratory (UL) approved spark arrestor shall be installed on the chimney of any structure(s). VENTURA COUNTY WATERWORKS DISTRICT NO.1 CONDITIONS General Requirement: 73. The applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations". Prior to issuance of a building permit, the following conditions shall be satisfied: 74. The District shall be allowed to review the adequacy and level of service for the project when tenant improvements are requested. Additional facilities, on -site treatment, or other modifications may be required as a condition of certain tenant improvements. VENTURA COUNTY FLOOD CONTROL AND WATER RESOURCES DEPARTMENT CONDITION Prior to approval of a zoning clearance, the following conditions shall be satisfied: 75. The Drainage Study shall be reviewed and approved by the County of Ventura Flood Control and Water Resources Department. CONDITIONS GENERATED AS A RESULT OF THE ENVIRONMENTAL ANALYSIS Environmental Protection Conditions to be Implemented During Construction 76. A regular watering program shall be implemented to reduce fugitive dust. Twice during the work day and at the end of the work day, graded portions of the project site shall be watered to create a "crust" surface. This would reduce the amount of dust generated during non -work hours. Rff? 55 77. The applicant(s) shall obtain a grading permit from the City of Moorpark prior to Zoning Clearance. All grading operations shall be subject to compliance with the Ventura County APCD dust control measures as enforced by APCD inspectors. 78. All grading and construction equipment shall be kept on or near the site until those phases of development are completed. 79. Site access roads shall be covered with gravel or paving. 80. Public streets in the vicinity of the site shall be periodically washed down with water. 81. Construction activities shall be limited to between the hours of 7:00 a.m. to 7 :00 p.m., and shall exclude Saturdays and Sundays. 82. During site preparation and construction, construction equipment shall be fitted with modem sound -reduction equipment. 83. A licensed security guard is required during the construction phase, or a 6-foot high chain fence shall be constructed around the construction site. 84. Construction equipment, tools, etc., shall be properly secured during non -working hours. Other Conditions Related to the Environmental Analysis: 85. Quimby fees shall be paid which are consistent with City ordinances designed to mitigate impacts on park facilities created by the addition of new residents to the City. 86. The project applicant shall be required to fund all sewer infrastructure improvements necessary to accommodate the proposed project demand. 87. The applicant shall be required to comply with all pertinent County of Ventura Public Works Department connection regulations. These mitigation measures shall be implemented by the County Public Works Department (Waterworks District No. 1). 88. All street lights shall be fully hooded and back shield to reduce the light "spillage" and glare. ENVIRONMENTAL IMPACT REPORT CONDITIONS Some of the following mitigation conditions have been incorporated into the recommended City Engineer conditions listed above. Duplicated conditions included in revised format in the City Engineer Conditions (for either this RPD Permit or the associated Tract Map Conditions) are indicated in italics. In cases where a mitigation condition conflicts with another Condition of Approval, the stricter condition shall apply. Environmental Quality Monitoring Program 89. Prior to issuance of any zoning clearance for the Westland project, the applicant shall fund the appointment of an Environmental Quality Assurance Monitor for the project. The monitor shall be selected by and contracted with the City; this monitor shall be financially and professionally independent of the developer. This monitor shall be under contract full time for the duration of the construction period during which all roads, rough and finish grading, and utilities are installed. Monitoring would be periodic following the completion of these phases -11- of construction. Monitoring shall begin with the initiation of pre -construction demolition and be terminated when all landscaping mitigation measures have been implemented and been field verified. The monitor shall be responsible for all mitigation measure enforcement and compliance with monitoring reporting requirements. Traffic and Circulation 90. Goldman Avenue/Los Angeles Avenue Signalization and Improvements - A traffic signal shall be installed at this location prior to occupancy of the proposed project. The Westland development shall be responsible for paying for 50% of the cost of this new signal (about $50,000). In addition to this signalization, the south side of Los Angeles Avenue shall be improved to ultimate planned width along the project frontage. This segment shall be striped for lane markings consistent with existing traffic movements (including a westbound left tum lane). Northbound and southbound Goldman Avenue shall be striped for separate left and right turn lanes. 91. Spring Road/New Los Angeles Avenue - The City of Moorpark is currently coordinating an intersection improvement project at this location which would require right-of-way acquisition, widening to allow installation of additional northbound and southbound left tum lanes and provision of additional eastbound and westbound through lanes, (while retaining all other existing lanes). The proposed development shall be required to participate in a cost -sharing allocation for this improvement (estimated to be about $9000 or 4.5% of the total intersection reconstruction cost). 92. Spring Road & Los Angeles Avenue High Street - No feasible mitigation is available to improve this intersection to acceptable levels of service due to the limits of existing rights -of -way and development. Some improvements to LOS at this location can be achieved by restriping Spring Road to provide I northbound right tum lanes and a combined northbound through -left turn lane. The project's prorata share of this improvement is estimated to be about $1500 or 4% of the total improvement cost. 93. Moorpark Avenue at Los Angeles Avenue - The applicant shall contribute to funding improvements at this intersection to mitigate both project specific and cumulative effects. The intersection should be redesigned to provide a northbound left tum, through and right tum lane, two eastbound left tum and three through lanes, one left tum and three through lanes westbound and one left tum, one through -left and one right tum lane on the southbound approach. The applicant's contribution to the improvement of this intersection is estimated to be about $15, 000. 94. The applicant shall contribute to the Los Angeles Avenue Area of Contribution. The actual contribution shall be the adopted fee at the time official map approval. Air Quality Construction Emissions 95. The applicant shall assure that contractors properly maintain and operate construction equipment and use direct injection diesel engines or gasoline powered engines if feasible. 96. Dust generation produced during grading shall be suppressed by the following activities: a. All exposed soil areas shall be sprinkled with water at least once an hour during grading operations. -12- 51 b. All trucks importing fill to the site shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 4 p.m. on weekdays only. C. All active portions of the construction sites shall be sufficiently watered to prevent excessive generation of dust. d. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. e. All grading and excavation operations shall cease during periods of high winds. f. On -site vehicle speed shall be limited to no more than 15 miles per hour. Emissions Associated with New Residences 97. The applicant shall contribute $45,490 in air quality mitigation fees to the City of Moorpark. These funds shall be used at the City's discretion to pay for programs designed to reduce emissions in the local airshed. Flood Hazards 98. Channel bank protection along the Arroyo Simi conforming to County Flood Control District requirements shall be incorporated into the project design. The channel bank protection plan shall address (1) whether the existing toe rock must be increased if the north or south levees are raised, (2) whether there will be any change to the water surface elevation due to the additional rip -rap to the toe rock and to the top of the levees, (3) the impact of any change to the water surface elevation on the proposed Arroyo Vista Park and High School property on the south side of the Arroyo Simi shall be mitigated in accordance with FEMA and VCFCD requirements, and (4) how the shallow flooding from the property to the east of the project will be contained and conveyed to Arroyo Simi. All Flood Control District recommendations shall be incorporated into project building plans prior to issuance of grading pemnits and the recommended mitigation measures shall conform with City Ordinance No. 100 requirements regarding pad elevations and protection from a 100 year storm. 99. Reinforcement of the existing sewer line (in the vicinity of the proposed levee reconstruction) shall be completed to achieve compliance with County Flood Control and Engineering standards. In consultation with County Flood Control and Waterworks District 1, a final design solution for this problem shall be decided upon prior to issuance of building permits. The final design configuration shall be acceptable to the sewer line owner of record Geologic Hazards 100. The design mitigations recommended by the geotechnical consultants shall be incorporated into the project working drawings. The City Engineer shall verify that all design measures are accounted for in the building plans prior to issuance of any Building Permits for the project. Specific design measures are provided in the EIR Technical Appendix (Buena Engineers 1990. 9- 12). -13- - 58 Biological and Botanical Resources 101. A riparian woodland planting program shall be required along the Arroyo Simi within and adjacent to the project boundary. This planting plan should be designed to provide a nearly continuous canopy of local riparian woodland trees along the Arroyo margin within the project limits. Trees to be planted should include native California broadleaf trees (Sycamore, Box Elder, Elderberry, Cottonwood, Alder, and other selected species). Public Services School Facilities 102. The new elementary school currently under construction in the project vicinity shall be completed and operating prior to release of the Certificates of Occupancy for the Westland housing project. 103. The project applicant shall pay required school fees to the Moorpark Unified School District prior to issuance of Building Permits. Long Term Water Supply 104. Low water consumption toilets, showers, faucets and exterior landscaping drip irrigation systems shall be required. 105. Kitchen cabinets shall be configured to enable installation of low water demand water conserving dishwashers and washing machines. All hot water lines shall be insulated. 106. Adequate room shall be planned in utility right-of-ways for installation of reclaimed water pipelines to service open space landscaped areas, streetscape landscaping, and open space residential greenbelt areas. Noise 107. Any required noise reduction walls along internal circulation roads or along the northern perimeter of the proposed project shall be constructed to conform with requirements presented in the Noise Technical Report (Walker-Celano 1990) prepared for the project. The noise barrier shall be reviewed and approved by the Community Development Department prior to issuance of Zoning Clearance. Hazardous Materials 108. Prior to issuance of grading permits, the applicant shall submit a report to the Community Development Department demonstrating compliance with all remedial actions recommended in the Phase II Hazardous Materials Assessment. In addition, an environmental engineer should monitor the demolition of existing industrial facilities on the property and if significant hazardous material contamination is observed or detected, remedial actions shall be required. -14- Recommended Conditions of Approval Tentative Tract No. 4738 (00 0--100 CONDITIONS OF APPROVAL Tentative Tract No. 4738 A Multi Family Residential Development Related Application and Conditions: Residential Planned Development Permits 90-2 and 90-3 Applicant: The Westland Company Hearing Date: July 17, 1991 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS General Requirements 1(A). Approval of the Tentative Map is conditioned upon execution of an Affordable Housing Agreement between the City of Moorpark and the applicant or developer. Compliance with terms and conditions of this agreement is mandatory. No Final Map shall be recorded until this agreement is signed. 1(B). The General Plan Amendment and Rezone approvals shall be subject to full implementation of the Affordable Housing Agreement. If the terms and conditions of this Agreement are not carried out in full in the implementation of the project, the associated RPD permits shall be revoked and the City shall institute proceedings to amend the General Plan land use designation and zoning and reinstate the prior land use designation and zoning for the property. 2. The conditions of approval of this Tentative Map supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map; and that all provisions of the Subdivision Map Act, City of Moorpark Ordinances and adopted City policies apply. 3. Recordation of this subdivision shall be deemed to be acceptance by the property owner of the conditions of this Map. 4. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 5. The developer's recordation of this Map and/or commencement of construction as a result of this Map shall be deemed to be acceptance of all conditions of this Map by the applicant. 6. 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, the stricter ones shall take precedence. 7. If any of the conditions or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. -1- J- 8. The applicant agrees as a condition of approval of the tentative and final subdivision maps to defend at his sole expense any action brought against the City because of approval or renewal of this subdivision. Applicant shall reimburse the City of any court costs and/or attorneys fees which the City may be required by a court to pay as a result of any such action. The City, may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve applicant of his obligations under this condition. 9. The development shall be subject to all applicable regulations of the zone designation for the property. 10. No Zoning Clearance shall be issued for any building construction until the Final Map has been recorded. Prior to the issuance of any building permit, a zoning clearance shall be obtained from the Department of Community Development. A Building Permit shall be obtained from the Department of Building and Safety after the granting of a zoning clearance. 11. The Tentative Map shall expire three years from the date of its approval. Failure to record a Final Map with the Ventura County Recorder prior to expiration of the Tentative Map shall terminate all proceedings, and any subdivision of the land shall require the filing and processing of a new Tentative Map. Prior to Grading Permit Approval, the Following Conditions Shall be Satisfied: 12. The developer shall submit grading plans to the Director of Community Development for approval to ensure compliance with the Mitigation Monitoring Program. 13. In order to reduce the visual impact of manufactured slopes, the top and toe of these slopes shall be rounded off. Also, the grading plan shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. 14. Complete landscape plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect. The landscape plans shall comply with pertinent City Zoning Codes and shall generally be in conformance with the Ventura County Guide to Landscape Plans. The Plans shall be submitted to the Director of Community Development for review and approval. The applicant shall bear the total cost of the landscape plan review and final installation inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The final landscape plans shall be approved by the Director of Community Development prior to issuance of Zoning Clearance. All landscaping and planting shall be accomplished and approved by the Director of Community Development, or his designee, prior to the approval of occupancy. The final project landscape plans shall include landscaping specifications, planting details, and design specifications for all of the following project components which shall be subject to the following conditions: a. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Community Development Director. b. Backflow preventers, transformers, or other exposed utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and/or a wall. C. The final design of all recreational features shall be included as part of the final landscape plans submittal, and shall be subject to the approval of the Community Development Director. -2- (02.0 d. A sufficiently dense tree planting plan emphasizing tall growing trees and/or shrubs shall be designed along the western site boundary to minimize quality of life changes and the loss of privacy of the adjacent single-family neighborhood along Maureen Lane. Trees shall be a minimum of 15 gallon or 24 inch box size in order to provide screening in a short time period. Recommendations regarding planting included in the EIR shall be incorporated to the degree feasible into the screening plan. The size of trees to be planted shall be subject to approval by the Director of Community Development. e. All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance; all pedestrian walkway plans shall be subject to Director of Community Development design approval. f. Any turf plantings associated with this project shall be drought tolerant, low-water using variety. g. Landscaping at site entrances and exits, parking lot entrances or exits, and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. h. A coordinated tree planting program shall be developed which will provide a dominant street tree within each component of the development. Dominant street trees shall vary between residential buildings to provide aesthetic diversity within the development. Plantings in parking areas shall be contained within raised planters surrounded by six- inch high concrete curbs. j. Parking areas shall be screened from view through the use of landscaping and 3-foot tall berms and/or a low wall. k. Written approval of all landscaping programs within the Caltrans easement along Los Angeles Avenue shall be obtained from this agency prior to approval of the landscape plan by the Director of the Community Development Department. 1. The applicant shall dedicate a ten foot landscaping easement along the western perimeter of the proposed project to provide a buffer from adjacent development along Maureen Lane. The fee ownership of this easement shall be transferred to the individual ownerships along Maureen Lane. The easement shall include restrictions to prevent any use of this dedicated are for purposes other than landscaping. A ten (10) foot raised landscaped area shall be required along the western boundary of Lots 1 through 5 and 21 through 25 (or adjacent to the proposed recreation area if it is relocated to the western perimeter of the project). A deed restriction shall be required to allow landscaping only in this area. in. Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping until such time as the Homeowners' Association accepts responsibility. Prior to Homeowners' Association acceptance of responsibility for the landscaping, the applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the subdivision. -3- 15. The applicant shall submit a plan for review and approval of the Director of Community Development which identifies how compliance with the utilities undergrounding requirement will be met. 16. Within two days after City Council adoption of resolutions approving Tentative Tract Map 4738 and related entitlements, the applicant shall submit to the City of Moorpark a check for $875, payable to the County of Ventura, to comply with the Assembly Bill 3158. Pursuant to Public Resources Code section 21089(b) and Fish and Game Code section 711.4(c), the project is not operative, vested or final until the filing fees are paid. 17. No grading permit for Tract 4738 may be issued unless there has been an award of residential development management system allotments for the project. When the award is for less than the entire project, grading beyond the immediate area of the lots for which the applicant proposes to utilize the allotments shall only be allowed in accordance with the following: a. The developer executes, in a form approved by the City Attorney, a waiver of any claim of a vested right to be exempt from Measure F as a result of grading beyond the area for which the allotments have been awarded and an acknowledgement that the developer assumes any risks that may result from commencement of grading prior to the award of allotments for the entire project; and b. The applicant has been awarded allotments for at least 15 percent of the number of non-exempt residential dwelling units. With the receipt of 15% allocation, grading may proceed in phases delineated by the developer. Grading of the first phase may commence once the necessary allotments for that phase have been awarded. Grading of the second phase and each phase thereafter may commence once 75% of the necessary allotments for the preceding phase have been awarded. Prior To Final Map Approval, The Following Conditions Shall be Satisfied: 18. Prior to final map approval, the developer of Tract 4738 shall obtain residential development management system allotments for all residential lots. 19. An unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate sewer service. 20. (Condition 20 was moved to follow condition 78; condition 20 is now numbered as condition 78(B). -4- 21. The subdivider shall obtain a "District Release" from the Calleguas Municipal Water District and Waterwork's District No. 1. Applicant shall be required to comply with Ventura County Waterwork's Rules and Regulations, including payment of all applicable fees. 22. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No.1. 23. The applicant shall pay Quimby (park and recreation) Fees consistent with City Ordinance No. 6. 24. Covenants, Conditions, and Restrictions (CC&R's) establishing a Homeowners' Association for the proposed division shall be prepared and shall identify the maintenance responsibilities of the Homeowners' Association including, but not limited to, the following: Maintenance of all streets and common -shared driveways, all storm drains and channels, the landscaped entry areas, the landscaping surrounding the water tank(s), any slope directly affecting drainage or street facilities, and any dams (collectively "Maintenance Areas"). Should the Homeowner's Association fail to maintain the Maintenance Areas, or any portion thereof, in a satisfactory manner, the Maintenance Areas, or portion thereof, shall be annexed, at the Citys option, to a City Assessment District. The total cost of the maintenance provided by the Assessment District Shall be borne by the lot owners within tract 4620. Prior to approval of the Final Map, an easement covering the Maintenance Areas shall be irrevocably offered to the City for maintenance purposes. 25. The CC&R's shall include all Tentative Map conditions of approval which have been identified for inclusion in the CC&R's, and shall be submitted to the Director of Community Development and City Attorney for review and approval prior to Final Map approval by the City Council. Tentative Map conditions of approval shall be highlighted in the copies of the CC&R's submitted for City review. Prior to sale of any lots, the CC&R's shall be approved by the State Department of Real Estate and then recorded. 26. The applicant shall be required to pay all costs associated with City Attorney review of the project CC&R's prior to final map approval. 27. The Homeowners' Association may modify the CC&R's only to the extent that they do not conflict with the terms of approval of the Tentative Map. Further, the Homeowners' Association shall enforce the CC&R's. 28. The CC&R's shall include a requirement that any future residential units constructed in the subdivision shall comply with Chapter 2-53 of Part 2 and Chapter 4-10 of Part 4, of Title 24 of the California Administrative Code. 29. the CC&R's shall include a requirement that ultra -low water consumption plumbing fixtures shall be installed consistent with City Ordinance No. 132. The CC&R's shall also include a requirement for the following energy saving devices: a. Stoves, ovens, and ranges, when gas fueled, shall not have continuous burning pilot lights. b. All thermostats connected to the main space heating source shall have night setback features. -5- C. Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. 30. A fencing, perimeter, and privacy barrier wall plan (complete with related landscaping details) identifying the materials to be used and proposed wall heights and locations shall be submitted to and approved by the Director of Community Development. The approved fencing and barrier wall plan shall be incorporated into the CC&R's. All fencing and barrier walls along lot boundaries shall be in place prior to occupancy. The barrier wall along the western property boundary adjacent to Maureen Lane shall be completed in its entirety prior to occupancy of any unit. 31. The CC&R's shall include language requiring that no structures, walls, or fences shall be erected which impede or restrict sheet flow of drainage between lots. 32. The CC&R's shall include language prohibiting use of wood or asphalt shingles as roofing materials for residential structures. 32(A). Single and multi -family units shall comply with all pertinent Title 24 and Uniform Building Code conditions regarding handicapped access and facilities. 32(B). The CC&Rs shall prohibit any excessive noise generating activities in garages. Garages shall not be used for residential purposes. 32(C). The CC&Rs shall establish occupancy standards for two and three bedroom units. These standards shall be designed to prevent crowding or inappropiately large number of persons from residing in a unit. 33. The CC&R's shall require the Homeowner's Association to remove any graffiti within ten (10) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. 34. The Final Map shall indicate all trail and landscaping easements shown on the Tentative Map. The minimum width of said easements shall be 10 feet. With the exception of the easement along the western project boundary adjacent to Maureen Lane, all said easements shall be deeded to the Homeowners' Association. 35. Prior to Final Map approval, the applicant shall dedicate a ten foot landscaping easement along the western perimeter of the proposed project to provide a buffer from adjacent development along Maureen Lane. The fee ownership of this easement shall be transferred to the individual ownerships along Maureen Lane. The easement shall include restrictions to prevent any use of this dedicated area other than landscaping. 36. Prior to Final Map approval, the applicant shall make a contribution of $3000 per unit to the City which will be used to fund public street or traffic improvements which would be directly or indirectly impacted by project generated traffic. CITY ENGINEER CONDITIONS Prior to Final Map approval, the following conditions shall be satisfied: 37. a. The applicant shall submit to the City for review and approval, a grading plan prepared by a registered civil engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion. Cut or fill slopes shall be no steeper than rel 2:1 (horizontal:vertical). Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. b. An erosion control plan shall be submitted for review and approval if grading is to occur between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. C. All haul routes shall be approved by the City Engineer. On -site haul routes shall be limited to graded areas only. 38. a. The applicant shall submit to the City for review and approval, a detailed soils and geotechnical report prepared by both a civil engineer and a geotechnical engineer registered with the State of California. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the recommendations of the approved soils report. b. Review of the soils and geotechnical report by the City's geotechnical consultant will be required. The applicant shall reimburse the City for all costs including the City's administrative costs. 39. a. The applicant shall submit to the City for review and approval, street improvement plans prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. Any necessary right-of-way required to complete the improvements will be acquired by the applicant at their expense. b. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, paving, and any necessary transitions to the satisfaction of the City Engineer. C. The applicable Ventura County Road Standard Plates are as follows: 1. Los Angeles Avenue shall be per Plate B-2A. 2. Goldman Avenue shall be per Plate B-4A. 3. Unidos Avenue (onsite) shall be per Plate B-4A. 4. Unidos Avenue (offsite) shall be per Plate B-313, modified to provide 28 feet of paving within 36 feet of right-of-way as an interim facility. 40. To provide for secondary access, the applicant shall construct Unidos Avenue improvements to connect the project site with Liberty Bell Road. The right-of-way and improvements shall be designed and constructed as an interim measure with additional right-of-way and improvements to be provided by the adjacent developer in the future. The applicant shall execute a reimbursement agreement with the City to receive reimbursement from the developer of the adjacent parcel at the time of development of the adjacent parcel. 41. The applicant shall demonstrate to the satisfaction of the City Engineer that each building pad has adequate protection from a 100-year storm and feasible access during a 10-year storm. 42. The applicant shall submit to the City for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvement and shall post sufficient surety guaranteeing the -7- construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. Hydrology shall be per current Ventura County Standards except as follows: a. all catch basins in sump locations shall be designed for a 50-year storm; b. all catch basins on continuous grades shall be designed for a 10-year storm; C. all catch basins in a sump condition shall be designed such that the depth of water at intake shall equal the depth of the approach flows; d. all culverts -shall be designed for a 50-year storm; C. drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; f. for a 10-year _ storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available where possible. g. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the applicant. 43. The project drainage plans shall provide the necessary improvements to eliminate the ponding along the south side of Los Angeles Avenue between Shasta Avenue and Maureen Lane. The project drainage improvements and street improvement plans shall provide for the ultimate disposal of all run-off flows over this stretch of roadway. 44. The applicant shall submit to the City and the Ventura County Flood Control District (VCFCD) for review and approval, bank protection plans for the Arroyo Simi prepared by a registered civil engineer; shall enter into an agreement with the VCFCD to complete the improvements and shall post sufficient surety guaranteeing the completion of the improvements. The bank protection improvements shall include raising the north levee as necessary in order that an ultimate discharge of 25,400 cfs is contained in the Arroyo Simi with three feet of freeboard. The improvements shall extend from Tract 4147 (Villa Campensina) to west of Maureen Lane whereby all properties within this distance shall be protected from this design discharge. The bank protection plans shall address: a. Whether the existing toe rock must be increased if the north or south levees are raised. b. Whether there will be any change to the water surface elevation due to the additional rip -rap to the toe rock and to the top of the levees. In C. The impact of any change to the water surface elevation on the proposed Arroyo Vista Park and High School property on the south side of the Arroyo Simi shall be mitigated in accordance with FEMA and VCFCD requirements. d. How the shallow flooding from the property to the east of the project site should be contained and conveyed to the Arroyo Simi. 45. The applicant shall submit to the City and the Water Works District No. 1 for review and approval, sanitary sewer plans for the replacement, encasement and/or protection of the existing 27 inch sanitary sewer line located within the north bank of the Arroyo Simi. The plans/analysis shall be prepared by a registered civil engineer. The applicant shall enter into an agreement with the Water Works District to complete the improvements and shall post sufficient surety guaranteeing the completion of the improvements. 46. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City Engineer. 47. The applicant shall make a special contribution to the City in the amount of $9,090, which represents its 4.5% share of the total costs of mitigation improvements to the Spring Road - New Los Angeles Avenue intersection. This contribution represents the total contribution for Tract 4726 and Tract 4738. 48. The applicant shall submit to the City and Caltrans for review and approval, a traffic signal plan for the intersection of Goldman Avenue - Los Angeles Avenue, prepared by a registered civil engineer, shall enter into an agreement with the City to complete these improvements; and shall post sufficient surety guaranteeing completion. The applicant shall also enter into a reimbursement agreement with the City, whereby the applicant will be entitled to receive 50% reimbursement of the costs associated with the traffic signal construction. If the traffic signal is deemed warranted and construction is permitted by Caltrans, the signal shall be operational prior to any occupancy. If construction of the signal is not allowed by Caltrans at the time of the applicant's request for occupancy, the applicant shall deposit 125% of the total estimated construction cost with the City. The required bond for this signal can be exonerated if the cash deposit is provided to the City. This construction cost shall include associated engineering, construction inspection and administration costs. This cash deposit does not relieve the applicant from constructing the signal. The applicant shall construct the signal upon receiving Caltrans permission to do so. 49. The applicant shall make a special contribution to the City in the amount of $15,150, which represents its 7.5% share of the total costs of mitigation improvements to the intersection of Los Angeles Avenue - Moorpark Avenue. This contribution represents the total contribution for Tract 4726 and Tract 4738. 50. The applicant shall make a special contribution to the City in the amount of $1,725, which represents its 4.0% share of the total costs of mitigation improvements to the Spring Road - High Street intersection. This contribution represents the total contribution for Tract 4726 and Tract 4738. -9- 51. As identified in the EIR, the proposed driveways onto Goldman Avenue approximately 180 feet south of Los Angeles Avenue could cause traffic conflicts. The applicant shall mitigate this potential problem by striping a two-way left turn lane on Goldman Avenue or providing an alternate mitigation satisfactory to the City Engineer and the Director of Community Development. One alternative mitigation could be to delete the westerly driveway and replace it with an access to Unidos Avenue west of Goldman Avenue. 52. The applicant shall deposit with the City a contribution for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Area of Contribution rate at the time of final map approval. If previous payment of this contribution can be demonstrated to the City's satisfaction, this condition shall be waived. 53. The applicant shall indicate in writing to the City Engineer, the disposition of any water well or any other well that may exist within the project. If any wells are proposed to be abandoned, or if they have been abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372 and any applicable Division of Oil and Gas requirements. 54. The applicant shall transmit (by certified mail) a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State of 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 Engineer. 55. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes (such as the construction of Unidos Avenue, the proposed trail along Arroyo Simi, or other applicable undertakings), the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Government Code Section 66457. a. Notify the City in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for such purposes 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 (iv) a current Litigation Guarantee Report; C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorneys fees and overhead expenses) of acquiring such an interest in the land. 56. The applicant shall submit to the City Engineer for review and approval, evidence that the CC&R's will include provisions for maintenance of the private on -site sewer and storm drain facilities. 57. The applicant shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. -10- 1D 58. The applicant shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., landscaping, parks, fencing, etc.) or which require removal (i.e., model homes, temporary debris basins, etc.). 59. A meandering sidewalk along the Los Angeles Avenue property frontage shall be constructed, with the precise design and location approved by the City Engineer and Director of Community Development. The following criteria for the design of the meandering sidewalk shall be met: a. Crossfall shall be two percent. b. Sidewalk shall be a minimum of five feet wide at all points. C. The meandering sidewalk shall be contained either within public right-of-way or within an access easement offered to the City. d. The applicant shall agree to maintain the sidewalk and any related landscaping. In conjunction with Final Map approval, the following conditions shall be satisfied: 60. The applicant shall offer to dedicate on the Final Map to the City of Moorpark for public use a. all right-of-way for public streets as shown on the Final Map and b. the offsite right-of-way for Unidos Avenue between the project site and Liberty Bell. 61. The applicant shall make an irrevocable dedication on the Final Map of easements to the City of Moorpark, over all private streets shown on the Vesting Tentative Map for the purpose of providing access to (a) all governmental agencies that provide public safety, health and welfare services or that enforce laws and ordinances, and (b) all members of the public who reasonably need to be vacated over the private streets because of a state of emergency declared by a representative of the City or the Ventura County Fire Protection District. 62. The applicant shall dedicate on the Final Map to the City of Moorpark, public service easements as required. 63. The applicant shall delineate areas subject to flooding as a "Flowage Easement" and then offer the easements for dedication to the City of Moorpark on the final map. Lot to lot drainage easements, flood hazard areas and secondary drainage easements shall also be delineated on the Map. Assurance shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. Prior to Zone Clearance, the following conditions shall apply: 64. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of a watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the new 10, 50, 100 and 500 year flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. A conditional letter of map revision (if required by FEMA) shall be provided to the City prior to zone clearance. The applicant will be responsible for all costs charged by the FEMA and the City's administrative costs. -11- During construction, the following conditions shall apply: 65. Prior to any work being conducted within the State or City right-of-way, the applicant shall obtain an encroachment permit from the appropriate Agency. 66. The applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit for any construction within Ventura County Flood Control District right-of-way. 67. The applicant shall construct all necessary drainage facilities, including brow ditch and slope bench drainage channels, with a permanent earth tone color so as to minimize visual impacts. Said color shall be submitted to and approved by the Planning Director as part of the grading plans. 68. An 18" slough wall shall be constructed directly behind the back of the sidewalk where slopes over four feet are adjacent to sidewalk so as to reduce debris from entering streets. 69. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriffs Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. Contaminated or hazardous soil as defined by Department of Health Services may not be used for on -site soil fill or roadway subgrade unless the Department of Health Services determines in writing that said material has been treated to a level that is no longer considered a public health risk or requires public disclosure by the Department of Real Estate. Any contaminated or hazardous soil shall be removed to an approved landfill. 70. Where roads requiring four or more inches of pavement are to be built, the applicant shall construct the required street section minus one -inch of paving as an interim condition until all utility cuts or trenching are completed. The final one -inch cap of asphalt shall be placed after all necessary trenching is completed. 71. No trees with a trunk diameter in excess of four inches shall be trimmed or removed without prior approval of the Director of Community Development. Prior to occupancy, the following condition shall be satisfied: 72. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of this condition. 73. The Los Angeles Avenue - Goldman Avenue traffic signal shall be operational prior to any occupancy. If construction of the signal is not allowed by Caltrans at the time of the applicant's request for occupancy, the applicant shall deposit 125% of the total estimated construction cost with the City. The required bond for this signal can be exonerated if the cash deposit is provided to the City. This construction cost shall include associated engineering, construction inspection and administration costs. This cash deposit does not relieve the applicant from constructing the signal. The applicant shall construct the signal upon receiving Caltrans permission to do so. -12- 74. The construction of the extension of Unidos Avenue east of the project boundary to provide a connection with Liberty Bell shall be completed to provide secondary access to the project site from Liberty Bell Road. Any direct expenses incurred by the developer relating to the construction of pavement, curb, gutter, sidewalk, traffic signal or right-of-way acquisition along Unidos Avenue east of the project boundary shall be reimbursed by the future developer of the adjacent property (or properties) where this extension is constructed. The City will enter into an agreement with the developer of Tract No. 4726, agreeing to condition the future developer of the adjacent property (or properties) where the Unidos extension is constructed to reimburse the developer of Tract No. 4726 for all expenses related to this extension. The agreement will be prepared by the developer of Tract No. 4726, subject to review and approval by the City. The developer shall pay for the City's legal review and any additional expenses necessary to complete the reimbursement agreement. 74(A). The following offsite improvements along Los Angeles Avenue shall be completed: full paveout shall be provided along the south side of Los Angeles Avenue between the easterly project boundary and Liberty Bell Road, between the western project boundary and Belltramo Road, and full intersection improvements (which may include curb and gutter and sidewalks west of Maureen Lane) to correct the drainage problem that exists at Maureen Lane and Los Angeles Avenue. These improvements may require the acquisition of some right-of-way. Prior to acceptance of public improvements and bond exoneration, the following conditions shall be satisfied: 75. Sufficient surety guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance by the City Council. 76. Original "as -built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for 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 block on each sheet. Submission of "asbuilt" plans is required before a final inspection will be scheduled. 77. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 78(A). The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 78(B). All proposed utilities shall be undergrounded to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 67 KV or larger power lines. This requirement for undergrounding includes all above -ground power poles on the project site as well as those along the frontage of the site in the Caltrans right-of-way. The undergrounding of utilities must be accomplished prior to final map approval. -13- VENTURA COUNTY WATERWORKS DISTRICT NO.1 General Requirements 79. The applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations". VENTURA COUNTY FLOOD CONTROL AND WATER RESOURCES DEPARTMENT Prior to Grading Permit Approval, the Following Condition Shall be Satisfied: 80. The Final Drainage Study shall be reviewed and approved by the County of Ventura Flood Control and Water Resources Department. MOORPARK UNIFIED SCHOOL DISTRICT Prior to Final Map Approval, the Following Condition Shall be Satisfied: 81. A school bus turn -out shall be provided on the south side of Los Angeles Avenue. The design of this turn -out shall be approved by the School District prior to grading permit approval. MOORPARK POLICE DEPARTMENT CONDITIONS 82. A licensed security guard is required during the construction phase, or a 6-foot high chain fence shall be erected around the construction site. 83. Construction equipment, tools, etc., shall be properly secured during non -working hours. 84. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 85. Address numbers shall be a minimum of 6 inches in height and illuminated during the hours of darkness. 86. All exterior doors shall be constructed of solid wood core a minimum of 1 and 3/4 inches thick. Front glass door(s) commonly used for entry are acceptable but should be visible to the street. 87. Doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1 inch. 88. All residential sliding glass doors or windows shall be equipped with metal guide tracks at the top and bottom and be constructed so that the window cannot be lifted from the track when in the closed or locked position. 89. Every residential unit in the tract shall have locks using combinations which are interchange free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies. -14- VENTURA COUNTY FIRE DISTRICT CONDITIONS 90. All access streets or drives that are 25 feet wide or less shall be posted firelanes, both sides, in accordance with the California Vehicle Code Section 22500.1, and Article 10 of the Uniform Fire Code. 91. The applicant shall provide sufficient proof of the ability to prevent vehicle parking in "No Parking" areas and that enforcement can be secured in order that access by emergency vehicles will not be obstructed. 92. Any gates, to control vehicle access, are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. If applicable, it is recommended that the gate(s) swing in both directions. Plans for the method of gate control shall be subject to review by the Fire Prevention Division prior to installation. 93. Prior to recordation of street names, names shall be submitted to the Fire Prevention Division for review. All street names shall be approved by the City Council after review by the Fire Department. 94. Street signs shall be installed prior to occupancy. 95. Prior to construction, the applicant shall submit plans to the Ventura County Fire Prevention Division for the approval of the location of fire hydrants. Show existing hydrants on plans within 300 feet of the development. 96. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have 14 inch and 2 2-1/2 inch outlets. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than LSO feet from any one hydrant. d. Fire hydrants shall be 24 inch on center, recessed in from the curb face. 97. The minimum fire flow required shall be determined by the type of building construction, fire walls, and fire protection devices provided, as specified by the ISO Guide for Determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 2,250 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. 98. A minimum individual hydrant flow of 1,250 gallons per minute shall be provided at this location. 99. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 100. An approved Underwriter's Laboratory (UL) spark arrestor shall be installed on the chimney of any structure. -15- -15 101. Address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are setback more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. Condo units shall be addressed at front door and at garage. 102. A plan shall be submitted to the Ventura County Fire Prevention Division for review indicating the method in which buildings are to be identified. 103. (This condition was deleted subsequent to Planning Commission review of the project; the condition was not required). 104. Building plans of public assembly areas, which have an occupant load of 50 or more, shall be submitted to the Ventura County Fire Prevention Division for review. 105. 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 Ventura County Ordinance #14. 106. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed with 5 feet of combustible walls, openings, or combustible roof eave lines, unless protected by approved automatic fire sprinklers. 107. An address directory map shall be placed at every entrance into the complex. Maps shall show all streets, driveways, building numbers, unit numbers and additional information that would assist in locating individual units. ENVIRONMENTAL MITIGATION CONDITIONS Some of the following mitigation conditions have been incorporated into the recommended City Engineer conditions listed above. Duplicated conditions included in revised format in the City Engineer Conditions are indicated in italics. In cases where a mitigation condition conflicts with another Condition of Approval, the stricter condition shall apply. Environmental Quality Monitoring Program 108. Prior to issuance of any zoning clearance for the Westland project, the applicant shall fund the appointment of an Environmental Quality Assurance Monitor for the project. The monitor shall be selected by and contracted with the City; this monitor shall be financially and professionally independent of the developer. This monitor shall be under contract full time for the duration of the construction period during which all roads, rough and finish grading, and utilities are installed. Monitoring would be periodic following the completion of these phases of construction. Monitoring shall begin with the initiation of pre -construction demolition and be terminated when all landscaping mitigation measures have been implemented and been field verified. The monitor shall be responsible for all mitigation measure enforcement and compliance with monitoring reporting requirements. Traffic and Circulation 109. Goldman Avenue/Los Angeles Avenue Signalization and Improvements - A traffic signal shall be installed at this location prior to occupancy of the proposed project. The Westland development shall be responsible for paying for 50010 of the cost of this new signal (about $50,000). In addition to this signalization, the south side of Los Angeles Avenue shall be -16- �to Al"Em improved to ultimate planned width along the project frontage. This segment shall be striped for lane markings consistent with existing traffic movements (including a westbound left turn lane). Northbound and southbound Goldman Avenue shall be striped for separate left and right tum lanes. 110. Spring Road/New Los Angeles Avenue - The City of Moorpark is currently coordinating an intersection improvement project at this location which would require right-of-way acquisition, widening to allow installation of additional northbound and southbound left turn lanes and provision of additional eastbound and westbound through lanes, (while retaining all other existing lanes). The proposed development shall be required to participate in a cost -sharing allocation for this improvement (estimated to be about $9000 or 4.5% of the total intersection reconstruction cost). 111. Spring Road & Los Angeles Avenue High Street - No feasible mitigation is available to improve this intersection to acceptable levels of service due to the limits of existing rights -of -way and development. Some improvements to LOS at this location can be achieved by restriping Spring Road to provide l northbound right turn lane and a combined northbound through -left turn lane. The project's prorata share of this improvement is estimated to be about $1500 or 4% of the total improvement cost. 112. Moorpark Avenue at Los Angeles Avenue - The applicant shall contribute to funding improvements at this intersection to mitigate both project specific and cumulative effects. The intersection should be redesigned to provide a northbound left turn, through and right turn lane, two eastbound left turn and three through lanes, one left turn and three through lanes westbound and one left turn, one through -left and one right tum lane on the southbound approach. The applicant's contribution to the improvement of this intersection is estimated to be about $15,000. 113. The applicant shall contribute to the Los Angeles Avenue Area of Contribution. The actual contribution shall be the adopted fee at the time official map approval. Air Quality Construction Emissions 114. The applicant shall assure that contractors properly maintain and operate construction equipment and use direct injection diesel engines or gasoline powered engines if feasible. 115. The applicant shall assure that contractors water exposed graded areas on a daily basis. 116. Dust generation produced during grading shall be suppressed by the following activities: a. All exposed soil areas shall be sprinkled with water at least once an hour during grading operations. b. All trucks importing fill to the site shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 4 p.m. on weekdays only. C. All active portions of the construction sites shall be sufficiently watered to prevent excessive generation of dust. -17- 11 d. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. e. All grading and excavation operations shall cease during periods of high winds. f. On -site vehicle speed shall be limited to no more than 15 miles per hour. Emissions Associated with New Residences 117. The applicant shall contribute $30,327 in air quality mitigation fees to the City of Moorpark. These funds shall be used at the City's discretion to pay for programs designed to reduce emissions in the local airshed. Flood Hazards 118. Channel bank protection along the Arroyo Simi conforming to County Flood Control District requirements shall be incorporated into the project design. The channel bank protection plan shall address (1) whether the existing toe rock must be increased if the north or south levees are raised (2) whether there will be any change to the water surface elevation due to the additional rip -rap to the toe rock and to the top of the levees, (3) the impact of any change to the water surface elevation on the proposed Arroyo Vista Park and High School property on the south side of the Arroyo Simi shall be mitigated in accordance with FEMA and VCFCD requirements, and (4) how the shallow flooding from the property to the east of the project will be contained and conveyed to Arroyo Simi. All Flood Control District recommendations shall be incorporated into project building plans prior to issuance of grading permits and the recommended mitigation measures shall conform with City Ordinance No. 100 requirements regarding pad elevations and protection from a 100 year storm. 119. Reinforcement of the existing sewer line (in the vicinity of the proposed levee reconstruction) shall be completed to achieve compliance with County Flood Control and Engineering standards. In consultation with County Flood Control and Waterworks District 1, a final design solution for this problem shall be decided upon prior to issuance of building permits. The final design configuration shall be acceptable to the sewer line owner of record Geologic Hazards 120. The design mitigations recommended by the geotechnical consultants shall be incorporated into the project working drawings. The City Engineer shall verify that all design measures are accounted for in the building plans prior to issuance of any Building Permits for the project. Specific design measures are provided in the EIR Technical Appendix (Buena Engineers 1990. 9- 12). Public Services School Facilities 121. The new elementary school currently under construction in the project vicinity shall be completed and operating prior to release of the Certificates of Occupancy for the Westland housing project. 122. The project applicant shall pay required school fees to the Moorpark Unified School District prior to issuance of Building Permits. -18- la Long Term Water Supply 123. Low water consumption toilets, showers, faucets and exterior landscaping drip irrigation systems shall be required. 124. Kitchen cabinets shall be configured to enable installation of low water demand water conserving dishwashers and washing machines. All hot water lines shall be insulate 125. All landscaping in private areas shall be serviced by drip irrigation systems. Turf areas shall be minimized in the landscaping design. Low water demand/drought tolerant native plants shall constitute the majority of the landscaping programs for private areas. 126. Adequate room shall be planned in utility right-of-ways for installation of reclaimed water pipelines to service open space landscaped areas, streetscape landscaping, and open space residential greenbelt areas. Noise 127. A noise reduction wall shall be required along the northern perimeter of the proposed project and along other portions of the development perimeter specified by the noise consultants (e.g., along project internal circulation roads near their intersection with Los Angeles Avenue). The design of this barrier shall conform to requirements presented in the Noise Technical Report (Walker-Celano 1990) prepared for the project. The noise barrier shall be reviewed and approved by the Community Development Department prior to issuance of Zoning Clearance. 128. Interior noise reduction construction techniques shall be required for condominium units exposed to exterior noise levels in excess of 65 dB. The construction specifications computed by the noise consultant for the EIR (Walker-Celano, 1990) shall be incorporated into the project working drawings. Building permits shall not be issued until the City Building Department verifies compliance with Noise reduction specifications. 129. Design standards considered to reduce noise annoyances related to plumbing, party walls, and floor -ceiling construction in two story structures shall be incorporated into project working drawings. Specifications in the Noise report for the EIR (Walker-Celano, 1990) shall be the standards adopted for these noise reduction requirements. Building permits shall not be issued until the City Building Department verifies compliance with noise reduction specifications. Hazardous Materials 130. Prior to issuance of grading permits, the applicant shall submit a report to the Community Development Department demonstrating compliance with all remedial actions recommended in the Phase II Hazardous Materials Assessment. In addition, an environmental engineer should monitor the demolition of existing industrial facilities on the property and if significant hazardous material contamination is observed or detected, remedial actions shall be required. -19- *--Iq MWOM Recommended Conditions of Approval Residential Planned Development Permit Nos. 90-2 and 90-3 CONDITIONS OF APPROVAL Residential Planned Development Permits 90-2 and 90-3 A Multi -Family Residential Development Related Application and Conditions: Tentative Tract No. 4738 Applicant: The Westland Company Date: July 17,1991 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS: 1(A). Approval of these RPD permits are conditioned upon execution of an Affordable Housing Agreement between the City of Moorpark and the applicant or project developer. Compliance with terms and conditions of this agreement is mandatory. If compliance with terms and conditions of the Agreement is not achieved, the City Council may act to rescind the RPD permits. 1(B). The General Plan Amendment and Rezone approvals shall be subject to full implementation of the Affordable Housing Agreement. If the terms and conditions of this Agreement are not carried out in full in the implementation of the project, the associated RPD permits shall be revoked and the City shall institute proceedings to amend the General Plan land use designation and zoning and reinstate the prior land use designation and zoning for the property. 2. The permit is granted for the construction of 175 multi -family residential units (85 market rate and 90 affordable) as shown on the submitted plot plans and elevations. The location and design of all site improvements shall be as shown on the approved plot plan and elevations except or unless indicated otherwise herein. 3. The final design of all buildings, open spaces, recreation facilities, walls, landscaping, fences and other design elements (including building materials, finishes, and colors) is subject to the approval of the Director of Community Development prior to issuance of a zoning clearance. 4. This development is subject to all applicable regulations of the RPD Zone and all agencies of the State of California, Ventura County, the City of Moorpark, and any other governmental entities. 5. The permittee agrees to a condition of issuance or renewal of this Permit to defend, at their sole expense, any action brought against the City because of issuance or renewal of this Permit, or in the alternative, to relinquish this Permit. The permittee will reimburse the City for any court costs and/or attorneys fees which the City may be required to pay as a result of any action by a court. The City may at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of the obligations under this condition. -1- 8i 6. No Condition of this Permit shall be interpreted as permitting or requiring any violation of law, or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 7. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial two-year period. 8. Land uses and facilities other than those specifically approved by this Permit shall require a modification to the Permit. 9. Any minor changes to this Permit shall require the submittal of an application for a minor modification and any major changes to this Permit shall require the submittal of a major modification. 10. If any of the Conditions or limitations of this Permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 11. A sign permit is required for all on -site signs and directory boards. 12. Prior to submission of construction plans for plan check or initiation of any construction activity, a zoning clearance shall be obtained from the Department of Community Development. 13. The permittee's acceptance of this permit and/or commencement of construction and/or operations under this permit shall be deemed to be acceptance of all conditions of this permit. Prior to issuance of a zoning clearance, the following conditions shall be satisfied: 14. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by these Conditions. 15. The final construction working drawings shall be submitted to the Director of Community Development for review. 16. Complete landscape plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect. The landscape plans, which shall generally be in conformance with the Ventura County Guide to Landscape Plans and in compliance with the City of Moorpark Ordinance No. 74, shall be submitted to the Director of Community Development for review and approval. The applicant shall bear the total cost of the landscape plan review and final installation inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The final landscape plans shall be approved by the Director of Community Development prior to issuance of Zoning Clearance. All landscaping and planting shall be accomplished and approved by the Director of Community Development, or his designee, prior to the approval of occupancy. The final project landscape plans shall include -2- landscaping specifications, planting details, and design specifications for all of the following project components which shall be subject to the following conditions: a. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Community Development Director. b. Backflow preventers, transformers, or other exposed utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and/or a wall. C. The final design of all recreational features shall be included as part of the final landscape plans submittal, and shall be subject to the approval of the Community Development Director. d. A sufficiently dense tree planting plan emphasizing tall growing trees and/or shrubs shall be designed along the western site boundary to minimize quality of life changes and the loss of privacy of the adjacent single-family neighborhood along Maureen Lane. Trees shall be a minimum of 15 gallon or 24 inch box size in order to provide screening in a short time period. Recommendations regarding planting included in the EIR shall be incorporated to the degree feasible into the screening plan. The size of trees to be planted shall be subject to approval by the Director of Community Development. e. All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance; all pedestrian walkway plans shall be subject to Director of Community Development design approval. f. Any turf plantings associated with this project shall be drought tolerant, low-water using variety. g. Landscaping at site entrances and exits, parking lot entrances or exits, and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. h. A coordinated tree planting program shall be developed which will provide a dominant street tree within each component of the development. Dominant street trees shall vary between residential buildings to provide aesthetic diversity within the development. i. Plantings in parking areas shall be contained within raised planters surrounded by six- inch high concrete curbs. j. Parking areas shall be screened from view through the use of landscaping and 3-foot tall berms and/or a low wall. k. Written approval of all landscaping programs within the Caltrans easement along Los Angeles Avenue shall be obtained from this agency prior to approval of the landscape plan by the Director of the Community Development Department. The applicant shall dedicate a ten foot landscaping easement along the western perimeter of the proposed project to provide a buffer from adjacent development along Maureen Lane. The fee ownership of this easement shall be transferred to the individual ownerships along Maureen Lane. The easement shall include restrictions to prevent any use of this dedicated are for purposes other than landscaping. A ten -3- 83 (10) foot raised landscaped area shall be required along the western boundary of Lots 1 through 5 and 21 through 25 (or adjacent to the proposed recreation area if it is relocated to the western perimeter of the project). A deed restriction shall be required to allow landscaping only in this area. in. Temporary irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan, for a minimum of two years and from the date of installation of the landscaping. The applicant shall be responsible for maintaining the irrigation system and all landscaping until such time as the Homeowners' Association accepts responsibility. Prior to Homeowners' Association acceptance of responsibility for the landscaping, the applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the subdivision. 17. Roof mounted equipment shall be prohibited. Exceptions to this requirement shall be subject to approval by the Director of Community Development. 18. Water heater vents shall be located so as to not be visible from a front elevation viewpoint. 19. Any community recycling or trash disposal areas shall be provided in a location which will not interfere with circulation, parking or access to individual homes and shall be screened with a six foot high, solid wall enclosure with self -closing metal gates. The final design of all such enclosures shall be subject to the approval of the Director of Community Development prior to the issuance of a zoning clearance. 20. All exterior building materials, finishes, and paint colors shall be approved by the Director of Community Development Department to ensure compatibility with adjacent developments. 21. All roof jacks and metal flashing shall be painted to match the buildings or roof color. All deck drains shall drain to the side not the front. 22. Wrought iron fencing with pilasters shall be provided around any swimming pool areas. All fences and walls shall be approved by the Director of Community Development. 23. Solar panels for heating any swimming pool(s) constructed within the development shall be subject to the approval of the Director of Community Development prior to the issuance of a zoning clearance. 24. The height of all walls around the perimeter of the project site shall be in substantial conformance with perimeter wall details included in the project Landscape Plans. Sound attenuation requirements referenced in the acoustical report for the development shall be taken into account as necessary (within CNEL contours where attenuation is required). All wall heights shall be in substantial conformance with preliminary architectural and landscape plans; the final wall design shall be prepared in consultation with the Director of the Community Development Department. Wall elevations along the western boundary of the project shall be adjusted (adjacent to Maureen Lane) to assure privacy is retained in adjacent backyards. The barrier wall shall be tan colored slumpstone or another material acceptable to the Community Development Department director. Landscaping berms and other planting techniques shall be employed to minimize the visual dominance of any perimeter walls around the development. The entire western perimeter wall between the Arroyo Simi and Unidos shall be constructed and landscaped prior to occupancy of any units situated along the westernmost cul-de-sac within the development. The barrier wall and landscaping along Los Angeles Avenue shall be completed prior to occupancy of any single family dwellings. -4- - aq 25. Bullnose stucco molding shall be used to soften edges of residential buildings. 26. Individual garages shall be a minimum of 20 feet in length and 20 feet in width with a minimum interior height of 8 feet. 27. All garage doors shall have automatic door openers. 28. Parking spaces shall be nine (9) feet in width and twenty (20) feet in length. An additional one-half foot width must be provided for parking spaces located adjacent to a wall. Pullover parking (overhangs) shall be limited to 24 inches maximum. No vehicles shall be allowed to encroach onto walkways or into the required landscaped setbacks along roadways. Drive aisles between parking spaces shall be thirty (30) feet in width. 29. A parking plan shall be approved by the Director of Community Development prior to zoning clearance approval. 30. The windows along the front and rear elevations of the residential buildings shall be double pane glass with a small pane appearance. 31. All residential units shall be constructed employing energy saving devices. These are to include, but are not limited to, the following: a. Low flush toilets (not exceed 1.6 gallons of water per flush). b. Shower controllers (which emit a maximum of 2.5 gallons of water per minute). C. Stoves, ovens and ranges, when gas fueled, shall not have continuous burning pilot lights. d. All thermostats connected to the main space heating source shall have night setback features. e. Kitchen ventilation system to have automatic dampers to ensure closure when not in use. 32. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: avoid interference with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting, limit electroliers height to avoid excessive illumination; and provide structures which are compatible with the total design of the proposed facility. The lighting plans shall include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout to be based on a ten (10) foot grid center. b. Maximum overall height of fixtures shall be fourteen (14) feet. C. Fixtures must possess sharp cut-off qualities with a maximum of one-half foot candle illumination at property lines. -5- d. There shall be no more than seven -to -one (7:1) ratio of level of illumination shown (maximum -to -maximum ratio between lighting standards). e. Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties. f. Average minimum maintained one-half foot candle illumination. g. No light shall be emitted above the 90 degree or horizontal plane. h. All parking lot pole lights shall be fully hooded and back shielded to reduce the light "spillage" and glare. 33. Television cable service shall be provided to all residential units consistent with existing city cable system requirements. Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of residential buildings. 34. All existing and proposed utilities are required to be undergrounded to the nearest off -site utility pole except through transmission lines. This requirement for undergrounding includes all above ground power poles on the project site and those along the frontage of the site in the Los Angeles Avenue right-of-way. Prior to the issuance of a zoning clearance, the applicant shall submit a plan for review and approval to the Director of Community Development which identifies how compliance with the undergrounding requirement will be met. 35. Gutters and roof drains for all buildings shall be provided. 36. No asbestos pipe or construction materials shall be used without prior approval of the City Council. 37. The applicant shall make a contribution of $3000 per unit to the City which will be used to fund public street or traffic improvements which would be directly or indirectly impacted by project generated traffic. 38. Prior to the issuance of a Zoning Clearance, a surety Bond in the amount of $10,000 shall be filed and accepted by the Director of Community Development. The Director of Community Development may, through a public hearing to be heard before the City Council, recommend that any or all of the funds in the Surety Bond be forfeited for noncompliance of the Conditions of Approval or for some other just cause. This condition shall automatically be superseded by a related resolution ordinance regarding condition compliance for entitlement approvals as adopted by the City Council. 39. If any archaeological or historical artifacts are uncovered during excavation operations the permittee shall assure the preservation of the site, shall obtain the services of a qualified archaeologist to recommend proper disposition of the site, and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. Should human burial remains be encountered during any grading or excavation activities, the permittee shall cease operation and shall notify the Community Development Department staff. Following notification, the permittee shall obtain the services of a qualified archaeological consultant and Native American Monitor(s) who shall assess the situation and recommend proper disposition of the site as approved by the Director of Community Development. 041 go Prior to issuance of a building permit, the following conditions shall be satisfied: 40. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from Ventura County Waterworks District No. 1. 41. The applicant shall pay all school assessment fees levied by the Moorpark Unified School District. Prior to occupancy, the following conditions shall be satisfied: 42. Prior to the issuance of an Occupancy Permit, all landscaping and irrigation system installation shall be completed and approved by the Director of Community Development or his designee. 43. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping, and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. 44. No use for which this permit is granted shall be commenced with until a Certificate of Occupancy has been issued by the Building and Safety Division. In addition, no Certificate of Occupancy may be issued until all on -site improvements speed in this permit have been completed or the applicant has provided some form of financial security to guarantee the agreement such as a Faithful Performance Bond. Said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development, the surety may be exonerated by action of the Director of Community Development. After issuance of a certificate of occupancy, the following conditions shall be applicable: 45. The continued maintenance of the permit area facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within thirty (30) days after notification. 46. The striping for any parking spaces shall be maintained so that it remains clearly visible. 47. The applicant and subsequently, once formed, the Homeowner's Association shall remove any graffiti within ten (10) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. This requirement shall be Sl Prior to issuance of a building permit, the following conditions shall be satisfied: 40. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from Ventura County Waterworks District No. 1. 41. The applicant shall pay all school assessment fees levied by the Moorpark Unified School District. Prior to occupancy, the following conditions shall be satisfied: 42. Prior to the issuance of an Occupancy Permit, all landscaping and irrigation system installation shall be completed and approved by the Director of Community Development or his designee. 43. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping, and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. 44. No use for which this permit is granted shall be commenced with until a Certificate of Occupancy has been issued by the Building and Safety Division. In addition, no Certificate of Occupancy may be issued until all on -site improvements specified in this permit have been completed or the applicant has provided some form of financial security to guarantee the agreement such as a Faithful Performance Bond. Said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development, the surety may be exonerated by action of the Director of Community Development. After issuance of a certificate of occupancy, the following conditions shall be applicable: 45. The continued maintenance of the permit area facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within thirty (30) days after notification. 46. The striping for any parking spaces shall be maintained so that it remains clearly visible. 47. The applicant and subsequently, once formed, the Homeowner's Association shall remove any graffiti within ten (10) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. This requirement shall be included in the CC&Rs for the development. CITY ENGINEER CONDITIONS Prior to Zone Clearance, the following condition shall be apply: 48. All "Prior to Final Map Approval Conditions" included for Tract 4738 are applicable to this RPD permit and shall be complied with prior to zoning clearance. 49. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of a watercourse is made. If a FIRM map revision is necessary, all materials -7- required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the new 10, 50, 100 and 500 year flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. A conditional letter of map revision (if required by FEMA) shall be provided to the City prior to zone clearance. The applicant will be responsible for all costs charged by the FEMA and the City's administrative costs. During construction, the following conditions shall apply: 50. Prior to any work being conducted within the State or City right-of-way, the applicant shall obtain an encroachment permit from the appropriate Agency. 51. The applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit for any construction within Ventura County Flood Control District right-of-way. 52. The applicant shall construct all necessary drainage facilities, including brow ditch and slope bench drainage channels, with a permanent earth tone color so as to minimize visual impacts. Said color shall be submitted to and approved by the Planning Director as part of the grading plans. 53. An 18" slough wall shall be constructed directly behind the back of the sidewalk where slopes over four feet are adjacent to sidewalk so as to reduce debris from entering streets. 54. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriffs Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. Contaminated or hazardous soil as defined by Department of Health Services may not be used for on -site soil fill or roadway subgrade unless the Department of Health Services determines in writing that said material has been treated to a level that is no longer considered a public health risk or requires public disclosure by the Department of Real Estate. Any contaminated or hazardous soil shall be removed to an approved landfill. 55. Where roads requiring four or more inches of pavement are to be built, the applicant shall construct the required street section minus one -inch of paving as an interim condition until all utility cuts or trenching are completed. The final one -inch cap of asphalt shall be placed after all necessary trenching is completed. 56. No trees with a trunk diameter in excess of four inches shall be trimmed or removed without prior approval of the Director of Community Development. Prior to occupancy, the following conditions shall be satisfied: 57. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of this condition. 58. The Los Angeles Avenue - Goldman Avenue traffic signal shall be operational prior to any occupancy. If construction of the signal is not allowed by Caltrans at the time of the applicant's request for occupancy, the applicant shall deposit 125% of the total estimated construction cost with the City. The required bond for this signal can be exonerated if the cash deposit is provided to the City. This construction cost shall include associated engineering, construction inspection and administration costs. This cash deposit does not relieve the applicant from constructing the signal. The applicant shall construct the signal upon receiving Caltrans permission to do so. 59(A). The construction of the extension of Unidos Avenue east of the project boundary to provide a connection with Liberty Bell shall be completed to provide secondary access to the project site from Liberty Bell Road. Any direct expenses incurred by the developer relating to the construction of pavement, curb, gutter, sidewalk, traffic signal or right-of-way acquisition along Unidos Avenue east of the project boundary shall be reimbursed by the future developer of the adjacent property (or properties) where this extension is constructed. The City will enter into an agreement with the developer of Tract No. 4726, agreeing to condition the future developer of the adjacent property (or properties) where the Unidos extension is constructed to reimburse the developer of Tract No. 4726 for all expenses related to this extension. The agreement will be prepared by the developer of Tract No. 4726, subject to review and approval by the City. The developer shall pay for the City's legal review and any additional expenses necessary to complete the reimbursement agreement. 59(B). The following offsite improvements along Los Angeles Avenue shall be completed: full paveout shall be provided along the south side of Los Angeles Avenue between the easterly project boundary and Liberty Bell Road, between the western project boundary and Belltramo Road, and full intersection improvements (which may include curb and gutter and sidewalks west of Maureen Lane) to correct the drainage problem that exists at Maureen Lane and Los Angeles Avenue. These improvements may require the acquisition of some right-of-way. Prior to acceptance of public improvements and bond exoneration, the following conditions shall be satisfied: 60. Sufficient surety guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance by the City Council. 61. Original "as -built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for 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 block on each sheet. Submission of "asbuilt" plans is required before a final inspection will be scheduled. 62. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 63. The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. MOORPARK POLICE DEPARTMENT CONDITIONS During construction, the following conditions shall apply: 64. A licensed security guard is recommended during the construction phase, or a 6-foot high chain link fence shall be erected around the construction site. 65. Construction equipment, tools, etc., shall be properly secured during non -working hours. -9- Go 66. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured prior to installation. All serial numbers shall be recorded for identification purposes. Prior to occupancy, the following conditions shall be satisfied: 67. Lighting devices shall be high enough so as to prevent anyone on the ground from tampering with them. All parking areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum of one-half foot candle of light and shall be designated to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather and breakage -resistant covers. 68. Landscaping shall not cover any exterior door. 69. Landscaping at entrances/exits or at any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 70. All entrance/exit driveways shall be a minimum of 30 feet in width. 71. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1-inch deadbolt. 72. Address shall be clearly visible to approaching emergency vehicles and shall be mounted against a contrasting color. 73. There shall not be any easy exterior access to the roof area of residential units. 74. The number location of individual units shall be displayed at or near each unit entrance and lighted during the hours of darkness. If used, directory boards require a separate sign permit. 75. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. 76. Upon occupancy by the owner or proprietor, each single unit in the development, constructed under the same general plan, shall have locks using combinations which are interchanging free from locks used in all other separate proprietorships or similar distinct occupancies. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS Prior to the issuance of a zoning clearance, the following conditions shall be satisfied: 77. All access streets or drives that are 25 feet wide or less shall be posted firelanes, both sides, in accordance with the California Vehicle Code Section 22500.1, and Article 10 of the Uniform Fire Code. 78. The applicant shall provide sufficient proof of the ability to prevent vehicle parking in "No Parking" areas and that enforcement can be secured in order that access by emergency vehicles will not be obstructed. 79. Any gates, to control vehicle access, are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. If applicable, it is recommended that the gate(s) swing in both directions. Plans for the method of gate control shall be subject to review by the Fire Prevention Division prior to installation. Gate control shall also be reviewed and approved by the Director of the Community Development Department. -10- qi 80. Prior to recordation of street names, names shall be submitted to the Fire Prevention Division for review. All street names shall be approved by the City Council after review by the Fire Department. 81. Street signs shall be installed prior to occupancy. 82. Prior to construction, the applicant shall submit plans to the Ventura County Fire Prevention Division for the approval of the location of fire hydrants. Existing hydrants within 300 feet of the development shall be shown on these plans. 83. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have 14 inch and 2 2-1/2 inch outlets. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be 24 inch on center, recessed in from the curb face. 84. The minimum fire flow required shall be determined by the type of building construction, fire walls, and fire protection devices provided, as specified by the ISO Guide for Determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 2,250 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. 85. A minimum individual hydrant flow of 1,250 gallons per minute shall be provided at this location. 86. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 87. An approved Underwriters Laboratory (UL) spark arrester shall be installed on the chimney of any structure. 88. Address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are setback more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. Condo units shall be addressed at front door and at garage. 89. A plan shall be submitted to the Ventura County Fire Prevention Division for review indicating the method in which buildings are to be identified. 90. Building plans of public assembly areas, which have an occupant load of 50 or more, shall be submitted to the Ventura County Fire Prevention Division for review. 91. 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 Ventura County Ordinance #14. -11- 92. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed with 5 feet of combustible walls, openings, or combustible roof eave lines, unless protected by approved automatic fire sprinklers. 93. An address directory map shall be placed at every entrance into the complex. Maps shall show all streets, driveways, building numbers, unit numbers and additional information that would assist in locating individual units. VENTURA COUNTY WATERWORKS DISTRICT NO.1 CONDITIONS General Requirement: 94. The applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations". Prior to issuance of a building permit, the following conditions shall be satisfied: 95. The District shall be allowed to review the adequacy and level of service for the project when tenant improvements are requested. Additional facilities, on -site treatment, or other modifications may be required as a condition of certain tenant improvements. VENTURA COUNTY FLOOD CONTROL AND WATER RESOURCES DEPARTMENT Prior to approval of a zoning clearance, the following conditions shall be satisfied: 96. The Final Drainage Study shall be reviewed and approved by the County of Ventura Flood Control and Water Resources Department. CONDITIONS GENERATED AS A RESULT OF THE ENVIRONMENTAL ANALYSIS 97(A). A regular watering program shall be implemented to reduce fugitive dust. Twice during the work day and at the end of the work day, graded portions of the project site shall be watered to create a "crust" surface. This would reduce the amount of dust generated during non -work hours. 97(B). The applicant(s) shall obtain a grading permit from the City of Moorpark prior to Zoning Clearance. All grading operations shall be subject to compliance with the Ventura County APCD dust control measures as enforced by APCD inspectors. 98. Construction activities shall be limited to between the hours of 7:00 a.m. to 7 :00 p.m., and shall exclude Saturdays and Sundays. 99. During site preparation and construction, construction equipment shall be fitted with modern sound -reduction equipment. 100. A licensed security guard is required during the construction phase, or a 6-foot high chain fence shall be constructed around the construction site. -12- 93 101. The project applicant shall be required to fund all sewer infrastructure improvements necessary to accommodate the proposed project demand. 102. The applicant shall be required to comply with all pertinent County of Ventura Public Works Department connection regulations. These mitigation measures shall be implemented by the County Public Works Department (Waterworks District No. 1). 103. To encourage future residents and tenants of the proposed project to contribute materials for recycling, design considerations shall be include in each development component that would provide adequate space and facilities for the storage and transfer of recyclable materials. 104. All parking lot pole lights and street lights shall be fully hooded and back shield to reduce the light "spillage" and glare. ENVIRONMENTAL IMPACT REPORT CONDITIONS Some of the following mitigation conditions have been incorporated into the recommended City Engineer conditions listed above. Duplicated conditions included in revised format in the City Engineer Conditions are indicated in italics. In cases where a mitigation condition conflicts with another Condition of Approval, the stricter condition shall apply. Environmental Quality Monitoring Program 105. Prior to issuance of any zoning clearance for the Westland project, the applicant shall fund the appointment of an Environmental Quality Assurance Monitor for the project. The monitor shall be selected by and contracted with the City; this monitor shall be financially and professionally independent of the developer. This monitor shall be under contract full time for the duration of the construction period during which all roads, rough and finish grading, and utilities are installed. Monitoring would be periodic following the completion of these phases of construction. Monitoring shall begin with the initiation of pre -construction demolition and be terminated when all landscaping mitigation measures have been implemented and been field verified. The monitor shall be responsible for all mitigation measure enforcement and compliance with monitoring reporting requirements. Traffic and Circulation 106. Goldman Avenue/Los Angeles Avenue Signalization and Improvements - A traffic signal shall be installed at this location prior to occupancy of the proposed project. The Westland development shall be responsible for paying for 50% of the cost of this new signal (about $50,000). In addition to this signalization, the south side of Los Angeles Avenue shall be improved to ultimate planned width along the project frontage. This segment shall be striped for lane markings consistent with existing traffic movements (including a westbound left turn lane). Northbound and southbound Goldman Avenue shall be striped for separate left and right turn lanes. 107. Spring Road/New Los Angeles Avenue - The City of Moorpark is currently coordinating an intersection improvement project at this location which would require right-of-way acquisition, widening to allow installation of additional northbound and southbound left turn lanes and provision of additional eastbound and westbound through lanes, (while retaining all other existing lanes). The proposed development shall be required to participate in a cost -sharing allocation for this improvement (estimated to be about $9000 or 4.5% of the total intersection reconstruction cost). -13- 94 108. Spring Road & Los Angeles Avenue High Street - No feasible mitigation is available to improve this intersection to acceptable levels of service due to the limits of existing rights -of -way and development. Some improvements to LOS at this location can be achieved by restriping Spring Road to provide I northbound right tum lanes and a combined northbound through -left tum lane. 77se project's prorata share of this improvement is estimated to be about $1500 or 4% of the total improvement cost. 109. Moorpark Avenue at Los Angeles Avenue - The applicant shall contribute to funding improvements at this intersection to mitigate both project specific and cumulative effects. The intersection should be redesigned to provide a northbound left turn, through and right turn lane, two eastbound left tum and three through lanes, one left turn and three through lanes westbound, and one left tum, one through -left and one right turn lane on the southbound approach. ne applicant's contribution to the improvement of this intersection is estimated to be about $15, 000. 110. The applicant shall contribute to the Los Angeles Avenue Area of Contribution. The actual contribution shall be the adopted fee at the time official map approval. Air Quality Construction Emissions 111. The applicant shall assure that contractors properly maintain and operate construction equipment and use direct injection diesel engines or gasoline powered engines if feasible. 112. The applicant shall assure that contractors water exposed graded areas on a daily basis. 113. Dust generation produced during grading shall be suppressed by the following activities: a. All exposed soil areas shall be sprinkled with water at least once an hour during grading operations. b. All trucks importing fill to the site shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 4 p.m. on weekdays only. C. All active portions of the construction sites shall be sufficiently watered to prevent excessive generation of dust. d. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. e. All grading and excavation operations shall cease during periods of high winds. f. On -site vehicle speed shall be limited to no more than 15 miles per hour. Emissions Associated with New Residences 114. The applicant shall contribute $30,327 in air quality mitigation fees to the City of Moorpark. These funds shall be used at the City's discretion to pay for programs designed to reduce emissions in the local airshed. -14- 95 Flood Hazards 115. Channel bank protection along the Arroyo Simi conforming to County Flood Control District requirements shall be incorporated into the project design. The channel bank protection plan shall address (1) whether the existing toe rock must be increased if the north or south levees are raised (2) whether there will be any change to the water surface elevation due to the additional rip -rap to the toe rock and to the top of the levees, (3) the impact of any change to the water surface elevation on the proposed Arroyo Vista Park and High School property on the south side of the Arroyo Simi shall be mitigated in accordance with FEMA and VCFCD requirements, and (4) how the shallow flooding from the property to the east of the project will be contained and conveyed to Arroyo Simi. All Flood Control District recommendations shall be incorporated into project building plans prior to issuance of grading permits and the recommended mitigation measures shall conform with City Ordinance No. 100 requirements regarding pad elevations and protection from a 100 year storm. 116. Reinforcement of the existing sewer line (in the vicinity of the proposed levee reconstruction) shall be completed to achieve compliance with County Flood Control and Engineering standards. In consultation with County Flood Control and Waterworks District 1, a final design solution for this problem shall be decided upon prior to issuance of building permits. The final design configuration shall be acceptable to the sewer line owner of record Geologic Hazards 11Z The design mitigations recommended by the geotechnical consultants shall be incorporated into the project working drawings. The City Engineer shall verify that all design measures are accounted for in the building plans prior to issuance of any Building Permits for the project. Specific design measures are provided in the EIR Technical Appendix (Buena Engineers 1990.• 9 12). Public Services School Facilities 118. The new elementary school currently under construction in the project vicinity shall be completed and operating prior to release of the Certificates of Occupancy for the Westland housing project. 119. The project applicant shall pay required school fees to the Moorpark Unified School District prior to issuance of Building Permits. Long Term Water Supply 120. Low water consumption toilets, showers, faucets and exterior landscaping drip irrigation systems shall be required. 121. Kitchen cabinets shall be configured to enable installation of low water demand water conserving dishwashers and washing machines. All hot water lines shall be insulated. 122. All landscaping in private areas shall be serviced by drip irrigation systems. Turf areas shall be minimized in the landscaping design. Low water demand/drought tolerant native plants shall constitute the majority of the landscaping programs for private areas. -15- 9 to OWWNA­W� 123. Adequate room shall be planned in utility right-of-ways for installation of reclaimed water pipelines to service open space landscaped areas, streetscape landscaping, and open space residential greenbelt areas. Noise 124. A noise reduction wall shall be required along the northern perimeter of the proposed project and along other portions of the development perimeter specified by the noise consultants (e.g., along project internal circulation roads near their intersection with Los Angeles Avenue). The design of this barrier shall conform to requirements presented in the Noise Technical Report (Walker-Celano 1990) prepared for the project. The noise barrier shall be reviewed and approved by the Community Development Department prior to issuance of Zoning Clearance. 125. Interior noise reduction construction techniques shall be required for condominium units exposed to exterior noise levels in excess of 65 dB. The construction specifications computed by the noise consultant for the EIR (Walker-Celano, 1990) shall be incorporated into the project working drawings. Building permits shall not be issued until the City Building Department verifies compliance with Noise reduction specifications. 126. Design standards considered to reduce noise annoyances related to plumbing, party walls, and floor -ceiling construction in two story structures shall be incorporated into project working drawings. Specifications in the Noise report for the EIR (Walker-Celano, 1990) shall be the standards adopted for these noise reduction requirements. Building permits shall not be issued until the City Building Department verities compliance with noise reduction specifications. Hazardous Materials 127. Prior to issuance of grading permits, the applicant shall submit a report to the Community Development Department demonstrating compliance with all remedial actions recommended in the Phase II Hazardous Materials Assessment. In addition, an environmental engineer should monitor the demolition of existing industrial facilities on the property and if significant hazardous material contamination is observed or detected, remedial actions shall be required. -16- Exhibits Single Family Development (Tentative Tract Map 4726) Multi Family Development (Tentative Tract Map 4738) Affordable Housing Agreement Single Family Development (Tentative Tract Map 4726) !O1 f 102 ff 1 ~O oil HFIDEI _ �- =T � e Eol ` ^S Jzi - _ O y z - i c O cu W M ca N 0 Z m mot' � L T T •-+ U LL T- U ca � ccaa n. C L c O = E SO co ♦) \V co '- U E 0 U io I 17 Fm_�_a_: Ti, p:_:_____: r. OC ma fl tj OD @ Q 0 0 q (n r_ 0 (1) (D D .4 0 CZ > Cc CL ui -Do 0 > w om 0 0 E 4— cu CL Cc -?:) cc CL 0 C4 0 0 E 0 /oy Multi Family Development (Tentative Tract Map 4738) cgg Z / � i 3i �+,ti Fi � 3i•� u �t°� i ras.r "60 Ile '='=''�Iillll�lllllllllllll;,_� v,.- - •CZ 'Iillli,��l,� IIIIIIIIIIIIiIII �� ;_. �;,_,,�I p��--.'.�Illllllllllliiiilllllllllllllllllu�,: �� i _ - - __alllpp��-=� --' IIIIIIIIIIIIIIillllllll _ ::::I • _IIIlillll� - -_ IIIIIIilllllll '1'u'-` - _ � jz:' :ow n E _ memo _MillIII_ _ H long[.-;.� :•. rr rrrrr■��.�—� rlong /r■ ;;1 HE rpegs n■ vals ■rrr I rrrr _ ,jR; B _ r■r■ ..... log .r..an I,w goalgoal an cf.:— ream `'.il aoe /■/r ��'■■ •.�.I Ste: t�� r/// lose Iji i 1 ��� ■rrr I i I� WIN /07 MES a�+l IIIII IIIIII����� �� II ZME •CL w =� • • _ Q_ .. • ■ 0 7E- -- one. IIN _: _� �..:: _C■ — � __ Ill�i:=i = � iiii L amen OEM long @no 11' ICE _ LI long room I r... soon not L� ■ran Irr�■1 some gins Cp mesa �ij � rr■■ Hil mas• ■r ■1 _ I s e: tree rr■m e■uam nm ..__ .mil = ■�::; un iiii C� al _ - .rem moo sorb E Wass sore some I■s II:: E�.s Ilan = been i •Imo. nu was rrrm Y /08 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 MEMORANDUM (805) 529-6864 E—ioLAgJ rn5 Nre-er "i TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development`s DATE: July 10, 1991 SUBJECT: DRAFT AFFORDABLE HOUSING AGREEMENT FOR WESTLAND COMPANY RESIDENTIAL PROJECT (GPA-90-1; Z-90-2; TR-4726; TR-4738; RPD'S 90-2, 90-3, AND 90-4) Attached is a copy of the draft Affordable Housing Agreement for the Westland Company project. The attached draft includes the components agreed upon by the City Council at your May 15, 1991, meeting. The City Attorney is currently reviewing the attached draft, and the Agreement may need to be revised based upon her recommendations. Staff intends to transmit a copy of the proposed final Agreement to the City Council for consideration at your August 7, 1991, meeting. Staff will be recommending that the Affordable Housing Agreement for the Westland Company project be approved prior to the Council's approval of any entitlements for the project. Attachment: PJR/DST Draft Affordable Housing Agreement dated 6-21-91 PAUL W. LAWRASON JR. Mayor BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK Mayor Pro Tern Councilmember Councilmember Councilmember 109 Affordable Housing Agreement I h) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Clerk Record for the benefit of The City of Moorpark pursuant to Government Code Section 6301 DRAFT �Al/qll (Space above this line for Recorder's use) AFFORDABLE HOUSING AGREEMENT PREAMBLE THIS AFFORDABLE HOUSING AGREEMENT ("Agreement") is entered into this of , 1991 between the City of Moorpark, a municipal corporation ("City"), and Saranac Ventures, Inc., a California corporation ("Saranac" or "Developer") by and through its authorized agent, Westland Company, a California general partnership, in connection with and on the basis of the following recitals. RECITALS WHEREAS; Developer is the. owner of certain real property consisting of approximately thirty-five (35) acres located at 850 Los Angeles Avenue, just west of Liberty Bell Road within the City of Moorpark which real property is described as Assessor's Parcel Numbers 506-030-135, 506-030-145, 506-030-155, 506-030- 165, and 506-030-180; and WHEREAS, Developer has received all necessary discretionary RCwritC I land use and development permits from the City to enable o r uIre I Developer to construct its proposed project which collectively A9r_snt consists of one hundred and six (106) dwelling units of single Ap,,,,.IFrtor family detached residences, unrestricted by City as to sales prices, ten (10) dwelling units of single family detached to entiticrnen� residences restricted by City as to sales price and buyer APPrOL eligibility, eighty-five (85) dwelling units of attached townhomes unrestricted by City as to sales price, and ninety (90) dwelling units of residential condominiums restricted by City as to sales price and buyer eligibility; and WHEREAS, the Housing Element of the City General Plan, considerate of regional housing needs as prescribed by SCAG, currently identifies the need for additional moderately priced residential dwelling units in the City of Moorpark; and E= WHEREAS, it is the desire of the City that the price regulated component of the Developer's project be constructed in a timely and efficient manner in order to achieve some of its housing goals of the City General Plan Housing Element; and WHEREAS, Developer has presented to the City for approval a General Plan Amendment, application No. GPA-90-1, to change the Land Use Map designation on the subject site from Medium Low Residential, 2.1-3.0 dwellings per acre (target of 2.6 dwellings per acre), to Medium Residential, 3.1-5 dwellings per acre (target of 4 dwellings per acre), and Very High Residential, 10.1-20 dwellings per acre (target of 15 dwellings per acre); a rezoning of the property, application No. Z-90-2, from R-1-13 (13,000 square foot minimum lot size) to Residential Planned Development ("RPD") Zone 4.6 Units per acre and RPD 14.6 Units per acre; and approval of Tentative Tract Maps 4726 and 4738 and RPD-90-2, RPD-90-3, and RPD-90-4. The requested amendment to the General Plan and zone change allow an increase in density of approximately 174 residential dwelling units over the estimated number of units otherwise allowed for the property (117) so as to provide for a total of 291 units. WHEREAS, Nothing contained in the Conditions to the Government Approvals in this Agreement requires a vote of the electors pursuant to Article 34 of the Constitution of the State of California. WHEREAS, Developer and City are entering into this Agreement in order to satisfy certain specific conditions of the approval by the City of Developer's residential development project which require, among other things, the restriction of the initial sales price and buyer eligibility, and resale restrictions of the so- called price regulated component of the project and to set forth, among other things, the method, conditions, duration, eligibility requirements and price terms under which the price regulated component of the project is to be conveyed to and held by owners thereof; NOW, THEREFORE, the Developer and City agree as follows: ARTICLE I DEFINITIONS Section 1. Defined Terms. For purposes of this Agreement without applicability as to how said terms may be used or understood in any other context including federal, California or municipal law, and except as otherwise expressly provided or unless the context otherwise requires, the following terms shall be defined as set forth hereinbelow. Section 1.1 Affordable. The term "Affordable" or "Affordable Housing Unit" shall mean those residences to be 2 NZ located within the Affordable Project (defined hereinafter) which are to be made available at an Affordable Sales Price (defined hereinafter) to Target Income Households (defined hereinafter). Section 1.2 Affordable Condominium Units. The term "Affordable Condominium Units" shall mean the ninety (90) attached residential condominium units built within the Project (defined hereinafter) that shall be sold at the Affordable Sales Price applicable thereto to Target Income Households. Section 1.3 Affordable Detached Units. The term "Affordable Detached Units" shall mean the ten (10) detached single family residential units built within the Project that shall be sold at the Affordable Sales Price applicable thereto to Target Income Households. Section 1.4 Affordable Project. The term "Affordable Project" shall collectively mean the Affordable component of Developer's residential project on the Property which consists of the ninety (90) attached residential condominium units and the ten (10) detached single family residential units. Section 1.5 Affordable Sales Price. The term "Affordable Sales Price" shall mean a selling price for an individual Affordable Condominium Unit of $132,000 and for an Affordable Detached Unit of $210,000. The selling price shall be based upon the Developer's transfer of $12,000 in equity to the City for each Affordable Condominium Unit and a transfer of $30,000 in equity for each Affordable Detached Unit. The City shall carry a second trust deed of $12,000 for the Affordable Condominium Units and a second trust deed of $30,000 for the Affordable Detached Units, representing the difference between the Developer's agreed upon base selling price and the Affordable Sales Price under this Program. Section 1.6 Area Median Income. The term "Area Median Income" means the annual median income for a family of four (4), regardless of actual household size in the case of a Target Income Household of one (1) through four (4) persons, inclusive, and the Annual Median Income as adjusted for actual family size in the case of a Target Income Household of five (5) or more persons, as established for the County of Ventura as most recently published and updated by the United States Department of Housing and Urban Development ("HUD"), or its successor agency. The Area Median Income shall be adjusted upward annually at such time as the HUD update is published and until such time as the HUD update is published, the Area Median Income shall be adjusted upward one-half of one percent (.5%) per month commencing upon the date the first Affordable Condominium Unit is available for sale and the date the first Affordable Detached Unit is available for sale. 3 113 Section 1.7 City. The term "City" shall have the meaning set forth in the Preamble of this Agreement. Section 1.8 Commences or Commencing Sales. The term "Commences Sales" or "Commencing Sales" means the date upon which all of the following have occurred: (1) a sales trailer with a sales staff is located upon the Property; (2) Developer begins advertising the Affordable Project for sale to the general public; (3) Developer is in receipt of its initial Public Report ("pink slip") (defined hereinafter); and (4) there is available to the general public a marketing brochure on the Affordable Project. Section 1.9 Developer. The term "Developer" shall have the meaning set forth in the Preamble of this Agreement. Section 1.10 Deed Restriction. The term "Deed Restriction" shall mean the document entitled "Notice of Resale Controls and Deed Restrictions", the form of which is attached hereto as Exhibit "B" and incorporated herein by this reference. Section 1.11 Eligible Buyer. The term "Eligible Buyer" shall mean a Target Income Household that is a First -Time Buyer (hereinafter defined) that shall occupy the Affordable Housing Unit as its Principal Place of Residence (hereinafter defined). An Eligible Buyer shall not have a ratio# of Gross Monthly Housing Expense (defined hereinafter) to Gross Monthly Income (defined hereinafter) at a percentage that is greater than thirty-five percent (35%). Section 1.12 Exempt Units. The term "Exempt Units" shall mean each and every dwelling unit in the project that is not designated as an Affordable Housing Unit. Section 1.13 First -Time Home Buyer. The term "First -Time Home Buyer" shall be defined, for the first 60 days after commencing sales of Affordable Housing Units, as an Eligible Buyer that has never previously owned a house or residential property and, after the first 60 days after commencing sales of Affordable Housing Units, shall be defined as specified in Section 4.1.2 of this Agreement. All First -Time Home Buyers shall be subject to the Eligible Buyer Selection Priorities as specified in Section 3.1 of this Agreement. Section 1.14 Gross Monthly Housing Income. The term "Gross Monthly Housing Income" shall mean an amount equal to no more than thirty-five percent (35%) of an Eligible Buyer's total Gross Monthly Income. Section 1.15 Gross Monthly Income. The term "Gross Monthly Income" shall mean the aggregate income of all members of a Target Income Household including, without limitation, all wages, 4 tips, salaries, commissions, royalties, gifts, annuities, devises, pension payments, investment income, disability payments, alimony, child support, unemployment compensation, welfare payments, rents, profits and any other source of income as determined to be acceptable by the lending institution issuing the loan for the Affordable Condominium Unit or Affordable Detached Unit. Section 1.16 Measure F. The term "Measure F" shall mean the Residential Development Management System of the City of Moorpark implementing City procedures for the issuance of residential building permits adopted by the voters on November 4, 1986, and by Ordin`� ncle Nos. 91 and 103. AS arncr��Eci Section 1.17 Principal Place of Residence. The term "Principal Place of Residence" shall mean the place where an individual resides for at least ten (10) months out of each calendar year. Section 1.18 Property. The term "Property" shall mean that certain real property known as Tract Nos. 4726 and 4738 in the City of Moorpark. Section 1.19 Public Report. The term "Public Report" shall mean any Preliminary, Final or Supplemental Public Report issued by the California Department of Real Estate which affects the Affordable Project. Section 1.20 Resale Restrictions. The term "Resale Restrictions" shall have the meanincr set forth in Section 8.2 hereof. r Section 1.21 Target Income Household. The term "Target Income Household" means a household with a combined maximum income for all household members of one hundred and ten percent (110%) or less of the Area Median Income in the case of the Affordable Condominium Units and one hundred twenty-five percent (125%) or less of the Area Median Income in the case of the Affordable Detached Units. ARTICLE II DEVELOPER'S PROJECT RESPONSIBILITY Section 2. Section 2.1 Construction of Affordable Units. Subject to the terms of the Development Agreement and the conditions of approval issued by the City, Developer agrees to construct the ten (10) Affordable Detached Units and the ninety (90) Affordable Condominium Units which shall be marketed and sold to Target Income Households in accordance with this Agreement. 5 I15 Section 2.2 Building Permits. Developer shall have the sole responsibility for obtaining all necessary building permits. Developer agrees to promptly begin and diligently prosecute to completion the development of the project as required by the conditions of approval applied to the project and upon receipt of the required building permits. Section 2.3 Phasing of Construction. Developer shall phase project construction so that Affordable Condominium and Exempt Condominium Units are constructed and available for occupancy on a ratioyl of at least one (1) Affordable Condominium Unit built for every one (1) Exempt Condominium Unit built, and so that at least one (1) Affordable Detached Unit is constructed and available for occupancy in conjunction with construction of every twelve (12) Exempt Detached Units. Not more than 60 Exempt Detached Units shall be constructed before any Affordable Condominium Units have begun construction, and not more than 45 Affordable or Exempt Condominium Units shall be constructed prior to the firstExempt Detached Units constructed. Section 2.4 Compliance with Use and Occupancy Laws. Developer shall comply with all applicable state and local laws, statutes, ordinances, rules and regulations respecting the use and occupancy of the Property for residential purposes only and will conduct the operation of the Property in accordance with all rules and regulations now in effect or hereafter adopted by City which are not inconsistent with the provisions of this Agreement. Section 2.5 Construction of Proiect and Indemnification. Developer shall be solely responsible for the construction of the Project and hereby agrees to defend, indemnify and hold harmless City, its City Council, employees, boards and commissions against any claim of liability, suit or any other action, at law or in equity. Section 2.6 Applicability of Agreement. Subject to the provisions of Article III and Article IV, Developer shall offer and sell the Affordable Housing Units only to Eligible Buyers. It is understood and agreed by the parties hereto that none of the restrictions pertaining to the Affordable Housing Units shall apply to any other residential units within the Property or the so-called ;Re �te units. This Agreement is only applicable to the Affordable Housing Units and is inapplicable to the other units to be built within and as part of Developer's project. section 2.7 Appropriate Documentation. Developer shall use the forms of the Resale Restriction Agreement and Deed Restriction attached as Exhibits "D" and "E" hereto and any other documents approved by the City Attorney as may be required by R City in order to implement the provisions and intent of this Agreement. Section 2.8 Notification of Public Report. Developer agrees that it shall notify City or its designees of the issuance of the initial Department of Real Estate Public Report (the "Public Report") and any subsequent Public Report and provide City or its designee with a copy of same within fifteen (15) days after the Public Report is received by Developer. Section 2.9 Marketing Program. Developer shall prepare a detailed marketing program (the "Marketing Program") that it shall submit to the City for review and approval. The Marketing Program shall demonstrate to the City and prescribe the minimum standards of how the Developer will market the Affordable Project. The Marketing Program shall be submitted to the City at least ninety (90) days prior to the date upon which Developer will Commence Sales. Developer may modify the Marketing Program as the marketplace may dictate subject to City review and approval of such modifications. Section 2.10 Notification and Reporting. Beginning on the date Developer Commences Sales of the Affordable Project and continuing until the last Affordable Housing Unit is sold, Developer shall submit each month the following written reports to City. Section 2.10.1 Status. The current sales status of all Affordable Housing Units which are then currently available for sale (e.g., in negotiation, in escrow, etc.) in a form approved by City,; and Section 2.10.2 Progress. The number of Affordable Housing Units under construction, the anticipated completion dates of said Affordable Housing Units under construction, and the number of Affordable Housing Units currently being marketed and a summary of what steps are being taken to market said Affordable Housing Units. Section 2.10.3 Notice of Availability. Owner shall notify City and/or its designee five (5) calendar days in advance of the date upon which Developer Commences Sales. Section 2.10.4 Monthly Reports. Beginning on the first day of the calendar month following the date that the Developer Commences Sales of the Affordable Housing Units, and until the date that the last Affordable Housing Unit is sold, Developer shall submit, once per month, to the City Director of Community Development the reports described in Sections 2.8.1 and 2.8.2 above. 7 117 Section 2.11 Submittal of offers to Purchase. Developer shall submit each offer to purchase an Affordable Housing Unit to City or its designee for review. Additionally, Developer shall submit monthly reports to City covering the progress of the Affordable Housing Unit sales which have entered or closed escrow. Section 2.12 Qualification of Buyers. Section 2.12.1 Developer, Lender and City Verification. Developer shall preliminarily qualify all prospective buyers of the Affordable Housing Units, including each buyer's financial, residency and employment information, in accordance with the eligibility requirements of Article IV, hereof. Upon completion of said preliminary qualification by -Developer, the prospective buyer's lender shall qualify said buyer and authorize a loan for the purchase. After qualification of the buyer by a lending institution, Developer shall forward such qualified buyer's purchase application and back-up data to City for final verification and approval. Section 2.12.2 Proof. Proof of financial, residency and employment status shall be made by employer documents and official government documents, including, but not limited to, voter registration, driver's license, tax returns and final loan application. Section 2.12.3 City Audit. City staff may periodically monitor/audit Developer's records concerning the Affordable Housing Units, including, but not limited to, buyer applications and processing and verification of buyer incomes. Section 2.13 Review of Agreements and Disclosure. Prior to acceptance of a deposit for the purchase of an Affordable Housing Unit, Developer shall disclose, review and fully explain to the potential buyer, the provisions of this Agreement, the Resale Restriction Agreement and Deed Restriction. Developer shall display a notice in large type in its sales office notifying potential buyers of the Resale Restrictions affecting an Affordable Housing Unit. Developer agrees that each sale of an Affordable Housing Unit shall be contingent upon each buyer's review of and agreement with the Resale Restriction Agreement and Deed Restriction as evidenced by the buyer signing a document that acknowledges their receipt of and opportunity to review the same. Section 2.14 Copies Provided. Developer shall provide each potential buyer with a copy of the form of the Resale Restriction Agreement and Deed Restriction at least three (3) days prior to buyer posting the Deposit (defined hereinafter in Section 6.2) for the purchase of an Affordable Housing Unit. N. Section 2.15 Preparation of Closing Documents. Developer shall prepare or cause to be prepared all closing documents in connection with the sale of an Affordable Housing Unit, the form of which shall be pre -approved by the City Director of Community Development. Section 2.16 Escrow Instruction Regarding Eligibility. Developer agrees that it will include in the escrow instructions for the purchase of each Affordable Housing Unit, an instruction, approved by the City, which requires City's verification of buyer's qualification as an Eligible Buyer before the escrow can be closed and the sale completed. Section 2.17 Closing Costs. Developer agrees that it shall pay one-half of the closing costs for each Affordable Housing Unit, not to exceed one percent (1%) of the sales price. Section 2.18 Off -Site Los Angeles Avenue Improvements. Developer agrees to provide full paveout along the south side of Los Angeles Avenue between the easterly Project boundary and Liberty Bell Road, to provide full paveout between the westerly Project boundary and Belltramo Road, and to provide full intersection improvements (may include curb and gutter and sidewalk west of Maureen Lane) to correct the drainage problem that exists at Maureen Lane. Right of way shall be acquired as necessary to complete the required off -site improvements. ARTICLE III HOME BUYER PRIORITIES Section 3. Section 3.1 Eligible Buyer Selection Priorities. Priorities for selection of Eligible First -Time Home Buyers shall be as follows: 1.. City residents who have lived in Moorpark for the past one year or more and are Eligible Buyers. 2. Persons employed within the City limits for the past one year or more and are Eligible Buyers. 3. All Ventura County residents and are Eligible Buyers. 4. All other Eligible Buyers. Section 3.2 Priority Selection Drawings. Separate priority selection drawings to select buyers, consistent with the priorities listed above in Section 3.1, may be required by City for each, separate, approved construction phase for Tracts 4726 and 4738. City has sole authority to determine the required 07 number of selection drawings based on the construction phasing of the Affordable Housing Units. Section 3.2.1 Initial Selection Drawings. Approximately four (4) months prior to start of construction of both the first Affordable Condominium Unit and first Affordable Detached Unit in the first phase of construction for Tracts 4726 and 4738, Developer shall begin advertising the Affordable Housing Units available in the first phase and accepting applications. The applications will be grouped according to the priorities listed above in Section 3.1, for each housing type. Within five (5) days after the four (4) month period stated above, two separate priority selection drawings shall be held in Moorpark, by the Developer, in the presence of the City of Moorpark Director of Community Development or his designee, for each priority category for the Affordable Condominium Units in Phase 1 of Tract 4738 and for each priority category for the Affordable Detached Units in Phase 1 of Tract 4726. These initial priority selection drawings will assign priority numbers to potential buyers of the Affordable Units. Section 3.2.2 Subsequent Selection Drawings. For all subsequent, approved construction phases in Tracts 4726 and 4738, the City may require that separate priority selection drawings be held in Moorpark, by the Developer, in the presence of the City of Moorpark Director of Community Development or his designee, within 60 days prior to the start of construction of subsequent construction phases. Section 3.3 Screening, Deposits, Waiting List. Each application for the purchase of Affordable Housing Units shall be time and date stamped upon the receipt thereof by Developer or its representative. Each application shall be screened by the Developer in the order received based upon and in strict accordance with the buyer profile priorities set forth in Section 3.1 above. The screening shall consider, in addition to the buyer profile priorities, the apparent ability of a buyer to qualify as an Eligible Buyer, the financial ability to make the necessary down payment, and the ability to service the projected mortgage debt. The Developer shall receive a deposit from each prospective buyer in an amount equal to one percent (1%) of the Affordable Sales Price (the "Deposit") provided, however, that any such applicant who, for any reason, fails to ultimately qualify as an Eligible Buyer, qualify for a loan, or is otherwise unable to complete the close of escrow, shall receive a refund of the Deposit, except for their share of escrow termination charges, if any. Any applicant who fails to qualify as an Eligible Buyer as a result of a priority selection drawing shall receive a full refund of the Deposit. The Developer shall be required to hold a priority selection drawing for each approved phase of construction. After all applications prioritized by a selection drawing have been utilized, the developer shall 10 I Z0 maintain subsequent applications on an active waiting list, and these applications shall be drawn upon in the numeric order in which the applications were received by the Developer. ARTICLE IV CHANGE OF CIRCUMSTANCES Section 4. Section 4.1 Setting. It is acknowledged by City and Developer that the sale of Affordable Housing Units as set forth in this Agreement embarks upon a novel program for the City and, while the purpose of the program is well intended, there is no way of knowing ahead of time the marketing and sales success or failure of the Affordable Project. As a consequence, certain plans and provisions are necessary to enable flexibility and adjustments in the event sales or financial conditions are different than expected at the time of entering into this Agreement. The following subsections are set forth for this purpose. Section 4.1.1 Termination of Target Income Household Criteria. If at the end of the first sixty (60) days after Commencing Sales for each approved phase of construction in Tracts 4726 and 4738, Developer has not identified a sufficient number of first-time home buyers who are Target Income Households to purchase all of the Affordable Housing Units then becoming available for sale, Developer shall be entitled to offer and sell the Affordable Housing Units based on the following schedule: Affordable Condominium Units Days After Income First -Time Home Commencing Sales Restriction Buyer Restriction 60 125% or less of Area Median Income 120 150% or less of Area Median Income 180 110% or less of Area Median Income 240 No restriction on income (Resale Agreement applicable) 11 No home/property ownership for 5 years No home/property ownership for 5 years No home/property ownership for 1 year No home/property ownership for 1 year 121 Affordable Detached Units Days After Income First -Time Home Commencing Sales Restriction Buyer Restriction 60 150% or less of Area Median Income 120 125% or less of Area Median Income 180 No restriction on income (Resale Agreement applicable) No home/property ownership for 5 years No home/property ownership for 1 year No home/property ownership for 1 year Section 4.1.2 Applicability of Resale Restrictions. Irrespective of the changes in circumstances that may.occur as set forth in this Article IVyth6--Af£�%lable Sales Price Restriction as set forth in�5ection and the Resale Restrictions set forth in this_Agree_ _ shall remain in full force and effect. ARTICLE V RESALE CONTROL Section S. Section 5.1 Execution of Resale Restriction Agreement. Developer agrees that it shall cause each Eligible Buyer to execute, prior to close of escrow, and thereafter to record, a Resale Restriction Agreement and Deed Restriction with respect to the Affordable Housing Unit being purchased. ARTICLE VI OWNER OCCUPANCY section 6. Developer agrees that it shall cause each Eligible Buyer to execute and record a City approved Deed Restriction as against title to each Affordable Housing Unit which requires that: (a) The owner cannot lease or rent the Affordable Housing Unit; (b) The owner must occupy the Affordable Housing Unit at all times as his or her Principal Place of Residence; and (c) The Affordable Housing Unit must be sold pursuant to the Resale Restrictions. 12 /ZZ City shall, pursuant to the Resale Restriction Agreement, formulate some circumstances where, at the discretion of the City, the owner occupancy requirement may be waived based upon a legitimate emergency or compelling circumstance where a rental is warranted. ARTICLE VII FEATURES OF AFFORDABLE HOUSING UNITS Section 7. Section 7.1 warranties and Representations. Any and all warranties or representations, express or implied, made as to the condition of the Exempt Units shall also be made available to the Affordable Housing Units. Section 7.2 Minimum Standard Ouality Interior Appointments. Developer shall agree to provide no less than standard quality interior appointments for the Affordable Housing Units as determined by City. See Exhibit for a list of Minimum Interior Treatments. ARTICLE VIII CITYIS PROJECT RESPONSIBILITY Section S. Section 8.1 Support of Application for Approvals. City shall review and expedite approval of all documents submitted to City for action, including, but not limited to, its review of a buyer's qualifications as set forth in Section 2.10.1. In addition, City shall diligently review and approve all documentation certifying buyer's qualifications and monitor the development and marketing of the Affordable Housing Units. City shall also establish a program to administer the resale of all Affordable Housing Units in accordance with the Resale Restriction Agreement. Section 8.2 Application for Residential Development Management Allocations. Subsequent to approval of Tentative Tract Maps Nos. 4726 and 4738 and Residential Planned Development Permits Nos. RPD-90-2, 90-3, and 90-4, the City shall schedule a public hearing before the City Council to consider granting Developer surplus Residential Development Management Allocations from prior years for all of the Project condominium and detached housing units. City will also consider any other eligible projects at this special hearing for surplus Development Allotments. Section 8.3 Expiration of Awarded Residential Development Management Allocations. City hereby agrees no action will be taken by the City Council to rescind all or part of any 13 Residential Development Management Allocations granted for the Project within thirty-six (36) months after award of the Development Allotments. Section 8.4 Second Trust Deed. City shall carry a second trust deed of $12,000 for the Affordable Condominium Units and a second trust deed of $30,000 for the Affordable Detached Units, representing the difference between the developer's agreed upon base selling price ($120,000 for condominium and $180,000 for detached units) and the Affordable Sales Price under this Program ($132,000 for condominium and $210,000 for detached units). ARTICLE I% NON-DISCRIMINATION -Section 9. Developer covenants and agrees, by and for itself, its executors, administrators and assigns and all persons claiming under or through Developer that there shall be no discrimination against, or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, transfer, use, occupancy or enjoyment of the Affordable Project, or any part thereof, and that Developer and all such persons claiming by or through Developer shall refrain from restricting the sale, transfer, use, occupancy or enjoyment of the Affordable Project, or any part thereof, on the basis of race, color, creed, religion, sex, marital status, ancestry or national origin of any person. ARTICLE % NOTICE OF REQUIREMENT UPON DEFAULT Section 10. If Developer defaults or breaches any of the terms or conditions of this Agreement, Developer shall have thirty (30) days after service upon it of written notice of such default or breach in which to cure such default or breach by rendering performance satisfactory to City; provided, however, that for any such default or breach which cannot be remedied with thirty (30) days, Developer shall commence performance within thirty (30) days and diligently work thereafter to render full and complete performance to the satisfaction of City. ARTICLE %I CITYIS REMEDIES Section 11. In the event of default or breach of any of the terms or conditions of this Agreement by Developer, its heirs, executors, 14 I ZL4 administrators or assigns which period set forth in Article XI, therefore, by any and all means and at law, as provided by the including, but not limited to, performance. In addition, City as an additional remedy. Section 12. are not cured within the time City may pursue its remedies, of enforcement, both in equity laws of the State of California, injunctive relief and/or specific may withhold utility connections ARTICLE %II TERM OF AGREEMENT All of the covenants, conditions and agreements herein shall be for the benefit of City, both in and for its own right, and -for the purposes of protecting the interests of the public health, safety and welfare and other parties, public or private, who may benefit from this Agreement and the same shall run with the land. ARTICLE %III HOLD HARMLESS Section 13. Developer agrees to hold City, its officers, agents, employees, representatives, elected and/or appointed boards and officials harmless from liability for damage or claims for damage for personal injury, including death and claims for property damage which may arise from the activities of Developer or those of Developer's contractors, subcontractors, agents, employees or other persons acting on Developer's behalf and which relate to the Project. Developer agrees to and shall defend City, its officers, agents, employees, representatives, elected and/or appointed boards and officials from any action for damages caused or alleged to have been caused by reason of Developer's activities in connection with the Project. ARTICLE %IV MISCELLANEOUS Section 14. Section 14.1 Assignment of Agreement. This Agreement shall be binding upon Developer, its executors, administrators and assigns and all persona claiming under or through Developer. Wherever this Agreement employs the term "Developer", it shall be deemed to include Developer, its executors, administrators and assigns and all persons claiming under or through Developer. Developer shall not voluntarily assign any of its rights or obligations under this Agreement without the prior written 15 IZ5 consent of City and any purported assignment made without said consent shall be null and void for all purposes; provided, however, that City's consent shall not be unreasonably withheld. Developer may, however, assign its rights and obligations herein to a corporation which is an affiliate of Developer or to a partnership of which Developer is a general of limited partner without the consent of the City. Nothing contained herein to the contrary shall limit the rights of Developer to encumber the Property or any part thereof to secure a loan or loans made to Developer; provided, however, that such hypothecation shall not relieve Developer of any of its obligations undertaken herein. Section 14.2 Notice. Written notice, demands and communications between City and Developer shall be deemed sufficient if dispatched by registered or certified mail, postage prepaid, return receipt requested to the principal offices of City and Developer, the addresses of which are hereinafter set forth. Such written notices, demands and communications may be sent in the manner prescribed to each other's addresses as either party may, from time to time, designate by mail, or the same may be delivered in person to representatives of either party upon such premises. Said addresses are as follows: (a) If to City: City of Moorpark Attn: City Manager 799 Moorpark Avenue Moorpark, CA 93021 (b) If to Developer: Saranac Ventura, Inc. Attn: Mr. Glenn Hartman 1694 Eastman, Suite B P. O. Box 3403 Ventura, CA 93006 Notices herein shall be deemed given as of the date of personal service or three (3) consecutive calendar days after deposit of the same in the custody of the United States Postal Service. Section 14.3 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party or the failure by the party to exercise its rights hereunder or upon a default by the other party hereto shall not constitute a waiver of such party's right to demand strict compliance from such other party in the future. 16 IZG Section 14.4 Force Majeure. Developer shall not be deemed to be in default for a failure or a delay in the performance of any of its obligations under this Agreement which is caused by such things as floods, earthquakes, other acts of God, fires, wars, riots or strikes or other difficulties beyond Developer's control. If any such events shall occur, the terms of this Agreement and the time for performance by Developer of any of its obligations hereunder shall be extended by the period of time that such events prevented construction of the Affordable Project. Section 14.5 Litigation. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the parties hereto hereby agree to use reasonable efforts to cooperate in defending such action; provided, however, that City shall not be required to take any actions requested by Developer unless Developer agrees to reimburse City for its out- of-pocket expenses directly incurred in such action and Developer shall not be required to take any actions requested by City unless City agrees to reimburse Developer for its out-of-pocket expenses directly incurred in such action. In the event of any litigation challenging the effectiveness of this Agreement or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending. Nothing in this Section shall be construed as preventing City from independently evaluating its rights, obligations and courses of action in the event of litigation. Section 14.6 Recordation. This Agreement and any amendment or cancellation hereof shall be recorded in the official records of Ventura County by the Clerk of City within ten (10) days after the date of this Agreement and within ten (10) days after any amendment or cancellation hereof. Section 14.7 Severability. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstance shall to any extent be held invalid or unenforceable, the remainder of this Agreement or the application of such terms, provisions, conditions or covenants to persons or circumstances other than those as to whom or which it is held invalid or unenforceable shall not be affected thereby and each and every provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Section 14.8 Cooperation. Each party covenants to take such reasonable action and execute all documents which may be necessary to achieve the purposes and objectives of this Agreement. 17 I Z-7 Section 14.9 Headings. All section headings are inserted for convenience only and shall not affect the construction or interpretation of this Agreement. Section 14.10 Attorneys' Fees. In any action to interpret or enforce any provision of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees. Section 14.11 Modification of Agreement. This Agreement may be modified or amended at any time by mutual consent but only by written agreement executed by City and Developer. Section 14.12 Sole and Only Agreement. This Agreement contains the sole and entire agreement and understanding of the parties with respect to the subject matter hereof. No representation, oral or otherwise, express or implied, other than those contained herein, have been made by the parties. Section 14.13 California Law. This Agreement shall be construed under and in accordance with the laws of the State of California. Section 14.14 No Presumption of Ambiguity. This Agreement shall be construed as though it was prepared by both parties and each party specifically waives the presumption that any ambiguity in the contents of the Agreement is to be construed against the party drafting the Agreement. Section 14.15 No Action by Electorate. Nothing contained in the conditions of approval of the Affordable Project or in this Agreement requires a vote of the electorate pursuant to Article 34 of the Constitution of the State of California. Section 14.16 Conflict. In the event of any conflict between this Agreement and the conditions of approval issued by City for the Project, said Conditions shall prevail. In the event of any conflict between this Agreement and any California or federal law, such laws shall prevail. Section 14.17 Protection of Mortgagor. Nothing herein shall impose any liability or obligation upon the holder of any mortgage or deed of trust now or hereafter encumbering the Property, or any portion thereof, made in good faith and for value. No breach or violation of this Agreement shall defeat or render invalid the lien or any mortgage or deed of trust now or hereafter encumbering the Property, or any portion thereof, made in good faith and for value. Notwithstanding the foregoing, the provisions of this Agreement shall be binding on any person whose title to the Property is delivered through foreclosure sale, trustee's sale or otherwise. m IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: City Attorney APPROVED AS TO CONTENT: City Manager agmts\saranac.aha CITY OF MOORPARK By: Mayor SARANAC VENTURES, INC. By: Glenn Hartman, President 19 129 Planning Commission Resolutions and Conditions of Approval 130 Planning Commission, City of Moorpark, California Minutes of June 3, 1991 Page -2- 6. APPROVAL OF MINUTES The minutes of May 20, 1991 deferred to June 17, 1991. 7. PUBLIC COMMENTS None. 8. CONSENT CALENDAR None. 9. PUBLIC HEARINGS A. General Plan Amendment No. 90-1,Tentative Tract Map Nos. 4726 and 4738 Residential Planned Development (RPD) Permit Nos. 90-2, 90-3, and 90-4 Zone Change No 90-2 Applicant: Westland Company Proposal: The applicant is proposing to construct the following housing: 100 market rate single- family detached units, 85 market rate multi- family units, 10 affordable single-family detached units, and 90 affordable multi -family units. Location: 850 West Los Angeles Avenue, City of Moorpark (south of Los Angeles Avenue, east of Maureen Lane, and west of Liberty Bell Road) Assessor's Parcel Nos: 506-030-135, 145, 155, 165 and 180 The Director introduced Steve Craig, Case Planner. Mr. Craig referenced Staff Report dated June 3, 1991 and provided an outline for the evening public hearing. o To begin the Planning Commission's review of this project. o To provide a comprehensive description of the project including presentations by staff, applicant, and his representatives. a:\91-6.3 /31 Planning Commission, City of Moorpark, California Minutes of June 3, 1991 Page -3- o To receive both written and/or oral public comment on the advisability of approving or denying the proposed project. o To enable the Commission an opportunity to review and evaluate all components of the project and to modify any conditions of approval recommended by staff. Mr. Craig referenced a correction to page 5, Population 106 (not 100) detached = 407. He proceeded to address the concerns raised by the public and by the Planning Commission at the meeting of February 19, 1991 during the project environmental review. Privacy, Quality of Life and Compatibility with Maureen Lane Residents The Maureen Lane residents had addressed concerns of the proximity of a relatively high density project to the less intensively developed Maureen Lane community. Mr. Craig informed the Commission that because of these concerns the applicant had met with the local homeowners and as a result of the meeting the applicant and residents concurred to: include dedicating a 10 foot landscaping easement to the homeowners on the west side of Maureen Lane. Providing a landscaped buffer between the proposed project and adjacent residents. Adjusting the window height of single family residences adjacent to Maureen Lane, to prevent invasion of backyard privacy. And modification of the height of the perimeter wall along Maureen Lane to assure privacy. These measures have been incorporated into the project conditions of approval, Mr. Craig stated. The Extension of Unidos Avenue to Liberty Bell Road The purpose was to provide a secondary access loop for the project and to satisfy long term circulation planning and neighborhood concerns about traffic patterns and traffic safety. The project has been conditioned to provide for the completion of Unidos Avenue from the western boundary of the project to Liberty Bell. Mr. Craig explained that this arrangement would provide a satisfactory a:\91-6.3 13Z Planning Commission, City of Moorpark, California Minutes of June 3, 1991 Paae -4- long term circulation system for the area between Maureen Lane. That staff is recommending the City enter into a reimbursement agreement with the applicant which would provide a method for recovering the costs of this extension once the adjacent property is developed. Project Design Issues Most of the design issues related to building detailing, color, finishes, and landscaping, this has been resolved Mr. Craig said. The final review will require approval by the Director of Community Development (landscaping plan, lighting plan, noise barrier a perimeter privacy wall plans, and building color and detailing) to determine if all the design issues have been addressed prior to issuance of a building permit. Redesign Requirements for the landscape Easement adjacent to Maureen Lane In response to public comments Mr. Craig said that the applicant has agreed to several design mitigations to reduce aesthetic effects on the adjacent properties west of the proposed development. And to implement these measures, it would be necessary to adjust the location and configuration of some single family lots and to modify the internal arrangement of recreational facilities in the multifamily component of the project. The modifications could change the housing unit density calculations for the project, therefore, it was the recommendation of staff that the revised tract maps be submitted to the City Council for both the single and multifamily development to accurately reflect the proposed design modifications. Affordable Housing Agreement Within a memorandum between the City and the developer meetings have occurred and the basic terms and conditions have been discussed form and substance of an affordable housing agreement. The Commission identified the following concerns: o Location of recreational/pool areas. How the proposed use is determine. o The distinction between the market value and affordable housing? A better housing mix should be provided. a:\91-6.3 133 Planning Commission, City of Moorpark, California Minutes of June 3, 1991 Page -5- o Bedroom wall adjacent to bathrooms in the adjacent unit (within Type 2 buildings). o Air conditioners next to neighbors window. o Bedrooms on second floor over neighbors garage area. o Noise pollution conditioned by CC&R's is not a mitigated means of mitigation. o Bus turnout not adequate, the student holding area is not sufficient. o No provisions for handicap ramps? o Do all Maureen Lane residences concur with the applicants dedicated 10 ft. landscape easement? o Liability concerns related easement acquired by the Maureen Lane residents. o Maintenance provision for the landscape buffer area. o Consider using unclaimed water for maintaining buffer area. o Redesign site plan to reflect larger lots on the west side the of development. o Redesign the site plan to reflect single story townhomes on the west. o Adequacy of sewer facilities, "Are there plans for expansion?" Testimony received from the following: Allen Camp, Attorney for Westland, 1050 S. Kimball, Ventura. Mr. Camp agreed with staff that the EIR is comprehensive and appropriately addresses mitigation measures and concept of the overall plan. Mr. Camp pointed out corrections to the following: Conditions of Approval - Tentative Tract No. 4726, Page 4 No. 19: All existing utilities shall be underground to the nearest a:\91-6.3 I 3L4 Planning Commission, City of Moorpark, California Minutes of June 3, 1991 Page -6- off-site utility pole with the exception of 66 (not 67). Page 6, No. 36.b. Delete last sentence: Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. Page 8, No. 40.d. all culverts shall be designed for a 10 (not 100) year storm; Mr. Camp stated that the additional landscape buffer gained by the Maureen Lane residents by means of the applicant applying for a Lot Line Adjustment (easement). The easement acquired would appear in the title notice. That handicap provisions were met under the State requirement of Title 24. Edward Carlson, Architect, Randy Washington Co., 2450 Broadway Avenue, Santa Monica, CA 90404. Mr. Carlson identified the recreational facilities on the site plan. A closed pool area identified for use by market value housing residents, and a separate pool area for the affordable housing residents. Mr. Carlson identified the market value home at 1,500 to 1,600 sq.ft. and the affordable homes at 900 to 1,000 sq.ft. He went on to say that the housing mix was determined by market need and was not an unusual site plan. Mr. Carlson addressed the Commission's concern on handicap access, saying that condominiums are not mandated for handicap access. Thomas J. Slimocosky, Landscape Architect, Slimocosky & Associates, 23283 Ventura Blvd., Woodland Hills, CA. Mr. Slimocosky addressed questions relating light spillage, and height of the light poles. He also said that the final approval would be determine by the Director. Leonard J. Patterson, 4788 Maureen Lane, Moorpark, CA. Mr. Patterson commended Westland Company for their time to reach a compatible solution to the proposed housing mix, by providing a landscape buffer area. Mr. Patterson request that there be consideration of signalization at Maureen Lane and Los Angeles Avenue; water ponding at Maureen Lane and Los Angeles Avenue; that single story homes are provided adjacent to the existing Maureen a:\91-6.3 135 Planning Commission, City of Moorpark, California Minutes of June 3, 1991 Page -7- Lane homes; that the existing zoning of the Maureen Lane residents remain and never change. Mr. Craig addressed Mr. Patterson's concerns by stating that currently there is a proposal to provide signalization between Maureen Lane and Gabbert Road, however this project may change that; flooding issues will be addressed by the developer by means of flood control improvements; within the deed restriction there is a provision for windows adjacent to Maureen Lane residents; there was no guarantee that existing zoning would remain with the current land use. Dominic A. Thomas, 4762 Maureen Lane, Moorpark, CA. Mr. Thomas addressed the following concerns: where the boundary/property line would be for Maureen Lane residents; are the animals restricted from the buffer area; what is the specific use of the buffer area. Rebeca Gunn, 4730 Maureen Lane, Moorpark, CA. Ms. Gunn concerned with the housing mix used next to the Maureen Lane residents. Mr. Craig informed the residents that most concerns about noise, bedrooms over neighbor's garage, limit on the number of residents in dwelling units, and other prohibited uses could be addressed by the projects CC&R's. Motion: Commissioner Brodsky moved and Commissioner Torres second a motion to close the public hearing for General Plan Amendment No. 90-1, Tentative Tract Map Nos. 4726 and 4738 Residential Planned Development (RPD) Permit Nos. 90-2, 90-3, and 90-4 Zone Change No. 90-2 on the application of Westland Company. Motion passed by a unanimous voice vote. Motion: Commissioner Brodsky moved and Commissioner Miller second a motion to have the applicant resolve the Commission's points of concern, and redesign the housing mix. There is a greater need to be responsible for a requested zone change to the City's General Plan. Motion fails on a 2:2 vote. Motion: Commissioner Torres moved and Commissioner Wesner second a motion to direct staff to prepare a resolution with the concerns addressed by the Commission and recommend to the a:\91-6.3 Planning Commission, City of Moorpark, California Minutes of June 3, 1991 Page -8- City Council the approval of General Plan Amendment No. 90-1, Tentative Tract Map Nos. 4726 and 4738 Residential Planned Development (RPD) Permit Nos. 90-2, 90-3, and 90- 4 Zone Change No. 90-2 on the application of WestlandCompany. That the resolution be on the Consent Calendar at the next regular Planning Commission meeting. Motion passed by a 3:1 vote. Commissioner Brodsky voting NO. 10. DISCUSSION / INFORMATION ITEMS A. Resolution PC-91-237: Supplemental information pertaining to the acquisition of certain street right-of- way on Los Angeles Avenue, Nogales Street, Avenida Colonia, Spring Road, Tierra Rejada Road and Moorpark Road. Received and filed by the Commission. 11. STAFF COMMENTS None. 12. COMMISSION COMMENTS Commissioner Torres inquired when construction would begin for the proposed Ralphs Market in the Mountain Meadows area. Staff replied that compliance has been met and construction should be completed within the next 8 to 10 months. Commissioner Torres question the stop work at the intersection of Poindexter/Moorpark Avenues. City Engineer responded by saying that the delay was a result in difficulty with the subcontractor and should be back on schedule by midweek. Commissioner Brodsky question the grade difference in the handicap ramp at Second Street and at High Street. City Engineer explained how the situation occurred and that recently Caltrans had changed its standard. 13. FUTURE AGENDA ITEMS None. a:\91-6.3 Planning Commission, City of Moorpark, California Minutes of June 17, 1991 Page-2- 6. APPROVAL OF MINUTES May 20, 1991 June 3, 1991 Motion: Commissioner Brodsky moved and Chairman Wesner second a motion to approve the minutes of June 3, 1991 and May 20, 1991 with a revision to May 20, 1991 minutes under Commission Comments to reflect Commissioner Torres comment as follows: "Commissioner Torres requested a report back from the City Engineer on Walnut Canyon Road signalization (traffic regulations). And whether the city could obtain the authority to place signage within the city limits of Walnut Canyon Road." Motion passed with a unanimous voice vote. 7. PUBLIC COMMENTS None. $. CONSENT CALENDAR A. Resolution No. PC-91-240 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 90-1 AND ZONE CHANGE NO. ZC-90-2 ON THE APPLICATION OF WESTLAND COMPANY. B. Resolution No. PC-91-241 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT NO. TR-4726 ON THE APPLICATION OF WESTLAND COMPANY. a:\91-6.17 J38 Planning Commission, City of Moorpark, California Minutes of June 17, 1991 C. Resolution No. PC-91-242 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF RESIDENTIAL PLANNED DEVELOPMENT NO. RPD-90-4 ON THE APPLICATION OF WESTLAND COMPANY. D. Resolution No. PC-91-243 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT NO. TR-4738 ON THE APPLICATION OF WESTLAND COMPANY. E. Resolution No. PC-91-244 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF RESIDENTIAL PLANNED DEVELOPMENT NO. RPD-90-2 AND RPD-90-3 ON THE APPLICATION OF WESTLAND COMPANY. Chairman Wesner called for the motion. Commissioner Brodsky deliberated areas of concerns on the single family dwellings proposed. He stated his dissatisfaction with the high density proposed for single family homes. That the bus stop holding area was insufficient for the number of students expected. He recommended that the bus stop location be within the project development. Mr. Craig said that the school district conditioned the project for a bus stop location, but that he would pursue the revision with the applicant. Commissioner Brodsky requested that the applicant provide a letter of intent. That the letter specify language which informs the Maureen Lane residents of easement procedures and requirements. Commissioner Brodsky inquired of staff whether Resolution No. PC- 91-244 on single family dwelling proposed could be taken as a separate action. That the portion which is multifamily move forward. a:\91-6.17 139 Planning Commission, City of Moorpark, California Minutes of June 17, 1991 Page-4- Mr. Craig advised Commissioner Brodsky, although it was possible, it would not be the usual procedure. Such an action would require the majority vote of the Commission. Commissioner Miller agreed with the concerns addressed. Commissioner Miller's recommendation was to provide wider lots on the west portion of the development. This modification would alleviate the zone change from rural to high density. Commissioner Torres agreed and elected to address the areas of concern prior to approval of the resolution. Motion: Commissioner Brodsky moved and Commissioner Torres second a motion. That the Planning Commission's resolution reflecting single family dwelling be consider as a separate resolution. Commissioner Torres amended the motion to include the reopening of the public hearing on the Westland Company application. Chairman Wesner moved to lay the motion on the table. The Chairman referenced the Commission's prior actions of June 3rd, saying that the concerns were addressed, but was in concurrence with the Commission. Chairman Wesner was concerned that delays in processing the project would be unfair to the applicant. That the affordable housing proposal is at the interest of the community and recommended that it move forward or denied the project. Testimony received from the following: Allen Camp, 1050 S.Kimball Road, Ventura, CA 93004. Mr. Camp stated that the Planning Commission's concerns are addressed within the EIR, Planning Commission's minutes. That the Planning Commission is the advisory to the Council as the final decision makers. Mr. Camp said he preferred to deny the project at this point to continue processing. That any other action would delay the project, and costs passed on to the new home owners. That the Maureen Lane residents are not present for the action proposed by the Commission. a:\91-6.17 NO Planning Commission, City of Moorpark, California Minutes of June 17, 1991 Page-5- Commissioner Brodsky said there were no provisions for noise pollution, and spark arresters. Mr. Craig provided specific language as he read from the EIR. In regards to spark arresters, the Director addressed the concern, saying that spark arresters are specified by manufactures and the City would not condition for the type of spark arresters used. Commissioner Brodsky question the fee of $30,327 provided to mitigate emissions associated with new residences. Mr. Craig informed the Commissioner that the Air Pollution Control District has a detailed formula and by this reason the APCD could arrive at a precise mitigation fee. Motion: Chairman Wesner moved and Commissioner Torres second the question and called for approval for each resolution. By voice vote: Resolution No. PC-91-240; Commissioner Miller: Yes Commissioner Brodsky: No Commissioner Torres: Yes Commissioner Wesner: Yes Resolution No. PC-91-241; Commissioner Miller: Yes Commissioner Brodsky: No Commissioner Torres: Yes Commissioner Wesner: Yes Resolution No. PC-91-242; Commissioner Miller: Yes Commissioner Brodsky: No Commissioner Torres: Yes Commissioner Wesner: Yes a:\91-6.17 Planning Commission, City of Moorpark, California Minutes of June 17, 1991 Page-6- Resolution No. PC-91-243; Commissioner Miller: Yes Commissioner Brodsky: No Commissioner Torres: Yes Commissioner Wesner: Yes Resolution No. PC-91-244; Commissioner Miller: Yes Commissioner Brodsky: No Commissioner Torres: Yes Commissioner Wesner: Yes F. Resolution No. PC-91-245 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, FINDING THE VACATION OF CERTAIN STREET RIGHT-OF-WAY ON THE EAST SIDE OF SPRING ROAD SOUTH OF PEACH HILL ROAD TO BE IN CONFORMANCE WITH THE CITY OF MOORPARK GENERAL PLAN. Motion: Commissioner Miller moved and Commissioner Torres second a motion to approve Resolution No. PC-91-245 as submitted. Motion passed with a unanimous voice vote. 9. PUBLIC HEARINGS None. 10. DISCUSSION ITEMS A. Report Back - City Engineer report regarding Walnut Canyon Road (traffic regulations). Commissioner Torres inquired what needs to been done to provide a signal at Walnut Canyon Road? Charles Abbott answered that currently there are no warrants to provide a signal at Walnut Canyon Road until the State warrants signalization. a:\91-6.17 Iqz Planning Commission Resolution For Approval of General Plan Amendment 90-1 and Zone Change No. Z-90-2 iq3 Resolution of Approval for General Plan Amendment Application 90-1 and Zone Change No. Z-90-2 Resolution No. PC-91- 240 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPAR C, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT APPLICANT NO. 90-1 AND ZONE CHANGE NO. Z-90-2 Whereas, at a duly noticed public hearing held on June 3, 1991, the Planning Commission considered the application filed by Westland Company requesting approval of General Plan Amendment No. 90-1 and Zone Change No. Z-90-2 to allow subdivision of a 35.4 acre site which is located north of Los Angeles Avenue in the vicinity of Maureen Lane and Goldman Avenue in Moorpark, California; and Whereas, the Planning Commission has reviewed and considered the information contained in the staff report dated June 3, 1991; and Whereas, the Planning Commission has reviewed and recommended certification of the Final EIR on the project and furthermore has found that the subject project will have significant effects on the environment but that these impacts have been mitigated to the maximum extent feasible; and Whereas, at its meeting of June 3, 1991, the Planning Commission opened the public hearing, received and considered public testimony from all those present wishing to testify, closed the public hearing, and reached its decision on the application; Now, therefore, the Planning Commission of the City of Moorpark, California, does resolve as follows: SECTION 1. PurEuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resource Code of the State of California (beginning at Section 21000), the Planning Commission of the City of Moorpark recommends that the City Council certify the Environmental Impact Report and Statement of Overriding Considerations (Exhibit 1) prepared for this project. SECTION 2. The Planning Commission hereby adopts the findings contained in the staff report of June 3, 1991 which state: (1) the applications and related submittals prepared by the applicant for Planned Development Permits, Tentative Maps, a General Plan Amendment, and Zone Changes, adequately describe the proposed project; (2) the recommended Conditions of Approval meet the findings requirements of the Subdivision Map Act (Government Code Sections 66412.3, 66473.5, 66474, 66474.6, and 66478.1 et. seq.); and (3) the environmental effects of the proposed project have been fully described in the EIR on this project. The environmental analysis fully complies with the requirements of the California Environmental Quality Act and Guidelines. The decision -makers have reviewed and considered the information contained in the EIR and recommend that the City Council certify the Final EIR as complete and adequate. /4Jq Resolution No. PC-91-240 SECTION 3. The Planning Commission does hereby find that the approval of the Tentative Tract Map is consistent with the City's General Plan (subject to implementation of all Conditions of Approval). SECTION 4. The Planning Commission hereby recommends that the City Council condition the General Plan Amendment and Rezone to be subject to full implementation of the proposed Affordable Housing Agreement. If the terms and conditions of this Agreement are not carried out in full in the implementation of the project, the associated RPD permits shall be revoked and the City shall institute proceedings to revoke the proposed General Plan and Rezone and replace the applicant requested land use designations with the existing designations on the property. SECTION S. The Planning Commission hereby recommends that the City Council conditionally approve General Plan Amendment No. 90-1 and Zone Change Z-90-2 subject to compliance with all Conditions of Approval (attached as Exhibit 2) and subject to implementation of a Mitigation Monitoring Program. The action with the foregoing direction was approved by the following roll call vote: Ayes: Commissioners Miller, Torres, and Wesner; Noes: Commissioner Brodsky. Absent: (one vacancy) . Passed, approved, and adopted this 17th day of June,1991. / / AL 4' ,Chairman of tl a Commission ATTEST: Celia La Fleur Secretary Exhibits: (1) Statement of Overriding Considerations )ys ---. EXHIBIT 1 STATEMENT OF OVERRIDING CONSIDERATIONS Statement of Overriding Considerations CEQA Findings A Final EIR has been prepared on the proposed Westland development which addresses the environmental effects of the project. Mitigation measures have been conceived for all significant effects. Pursuant to Sections L5043 and 15091 of the State CEQA Guidelines, the following findings are recommended: (1) Changes or alternations have been required in the project which avoid or substantially lessen the significant envionrmental effects of the project related to geologic and flooding hazards, impacts on community aesthetics and visual resources, effects on traffic circulation at intersections in the immediate project vicinity, the availability of long term water supplies, the effects of noise generated by traffic on Los Angeles Avenue and traffic within the project, the remediation of hazardous agricultural and petrochemical materials, (2) Changes or alterations in the social or physical environment which could lessen environmental effects but which are within the responsibility and jurisdication of another public agency and not the City of Moorpark include effects wastewater treatment capacity, cumulative effects on traffic circulation, cumulative effects on air quality, and cumulative effects on education. (3) Physical and economic considerations make infeasible the full and complete mitigation of traffic impacts at several intersections in the City and cumulative air quality impacts. Statements of Overriding Consideration are necessary for the following issues: Traffic Circulation Project spec effects on local intersections, road capacity, and safety can be fully offset through the payment of fees, the installation of off site road improvements, and contributions to existing regional traffic circulation improvement programs. In addition, the project conditions require substantial traffic circulation and flooding remediation in the immediate project vicinity including widening Los Angeles Avenue between Beltramo and Liberty Bell, the extension of Unidos Avenue, signal installation, creation of a bus stop, and the correction of drainage problems at Maureen Lane and Los Angeles Avenue. The applicant has made a conscientious effort to implement the needed improvements. The number of offsite improvements being required by the City would adequately offset all project contributions to cumulative effects on the City's circulation system. Applicable CEQA findings include Findings 1, 2, and 3. Air Quality The project's contribution to local air quality improvement through the payment of about $75,000 in fees would partially offset the increased air quality emissions associated with the project. These funds could be used for the purchase of vans, for the development of ridesharing programs, and related air improvement measures. The construction effects of the project would be offset to the maximum extent feasible through implementation of recommended mitigation measures. Applicable CEQA findings in Findings 1, 2, and 3. Cumulative Effects on Educational Facilities Funding for educational programs and facilities in California is limited by legislation. Given the current growth rate in California, many school districts throughout the state have significant financial problems. The pace of development in Moorpark has the potential to significantly impact the quality of education for the local population. The present school fee program does not provide sufficient funds for the development of school facilities. The applicant would contribute to the solution of this problem through the payment of required fees. No further mitigation planning can be done on the part of the applicant to solve this cumulative problem. Applicable CEQA findings include Findings 2 and 3. In adopting a Statement of Overriding Considerations, the decision -makers should also recognize that the proposed project provides affordable moderate income housing for the community and substantial offsite transportation improvements. These benefits significantly offset the project's contribution to cumulative traffic, air quality, and educational problems in the City. Conditions of Approval and Planning Commission Resolution for Approval of Tentative Tract No. 4726 /q7 Resolution of Approval for Tract 4726 Resolution No. PC-91-241 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL- OF TENTATIVE TRACT NO. 4726 Whereas, at a duly noticed public hearing held on June 3, 1991, the Planning Commission considered the application filed by Westland Company requesting approval of Tentative Tract No. 4726 and related RPD Permit 90-4 to allow a 106 lot subdivision of a 24.93 acre site zoned R-1-13 which is located north of Los Angeles Avenue in the vicinity of Maureen Lane and Goldman Avenue in Moorpark, California; and Whereas, the Planning Commission has reviewed and considered the information contained in the staff report dated June 3, 1991; and ' Whereas, the Planning Commission has reviewed and recommended certification of the Final EIR on the project and furthermore has found that the subject project will have significant effects on the environment but that these impacts have been mitigated to the maximum extent feasible; and Whereas, at its meeting of June 3, 1991, the Planning Commission opened the public hearing, received and considered public testimony from all those present wishing to testify, closed the public hearing, and reached its decision on the application; Now, therefore, the Planning Commission of the City of Moorpark, California, does resolve as follows: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resource Code of the State of California (beginning at Section 21000), the Planning Commission of the City of Moorpark recommends that the City Council certify the Environmental Impact Report and Statement of Overriding Considerations (Exhibit 1) prepared for this project. SECTION 2. The Planning Commission hereby adopts the findings contained in the staff report of June 3, 1991 which state: (1) the applications and related submittals prepared by the applicant for Planned Development Permits, Tentative Maps, a General Plan Amendment, and Zone Changes, adequately describe the proposed project; (2) the recommended Conditions of Approval meet the findings requirements of the Subdivision Map Act (Government Code Sections 66412.3, 66473.5, 66474, 66474.6, and 66478.1 et. seq.); and (3) the environmental effects of the proposed project have been fully described in the EIR on this project. The environmental analysis fully complies with the requirements of the California Environmental Quality Act and Guidelines. The decision -makers have reviewed and considered the information contained in the EIR and recommend that the City Council certify the Final EIR as complete and adequate. Resolution No. PC-91- 2 41 SECTION 3. The Planning Commission does hereby find that the approval of the Tentative Tract Map is consistent with the City's General Plan (subject to implementation of all Conditions of Approval). SECTION 4. The Planning Commission hereby recommends that the City Council condition the General Plan Amendment and Rezone to be subject to full implementation of the proposed Affordable Housing Agreement. If the terms and conditions of this Agreement are not carried out in full in the implementation of the project, the associated RPD permits shall be revoked and the City shall institute proceedings to revoke the proposed General Plan and Rezone and replace the applicant requested land use designations with the existing designations on the property. SECTION 5. The Planning Commission hereby recommends that the City Council conditionally approve Tentative Tract Map No. 4726 subject to compliance with all Conditions of Approval (attached as Exhibit 2) and subject to implementation of a Mitigation Monitoring Program. The action with the foregoing direction was approved by the following roll call vote: Ayes: Commissioners Miller, Torres, and Wesner; Noes: Commissioner Brodsky; Absent: (one vacancy) . Passed, approved, and adopted this 17th day /of June,1991. �11Z�14r��0 ;Chairman of the Commission ATTEST: Celia La Fleur Secretary Exhibits: (1) Statement of Overriding Considerations (2) Conditions of Approval 151 EXHIBIT 1 STATEMENT OF OVERRIDING CONSIDERATIONS 15Z Statement of Overriding Considerations CEQA Findings A Final EIR has been prepared on the proposed Westland development which addresses the environmental effects of the project. Mitigation measures have been conceived for all significant effects. Pursuant to Sections 15043 and 15091 of the State CEQA Guidelines, the following findings are recommended- (1) Changes or alternations have been required in the project which avoid or substantially lessen the significant envioonmental effects of the project related to geologic and flooding hazards, impacts on community aesthetics and visual resources, effects on traffic circulation at intersections in the immediate project vicinity, the availability of long term water supplies, the effects of noise generated by traffic on Los Angeles Avenue and traffic within the project, the remediation of hazardous agricultural and petrochemical materials, (2) Changes or alterations in the social or physical environment which could lessen environmental effects but which are within the responsibility and jurisdication of another public agency and not the City of Moorpark include effects wastewater treatment capacity, cumulative effects on traffic circulation, cumulative effects on air quality, and cumulative effects on education. (3) Physical and economic considerations make infeasible the full and complete mitigation of traffic impacts at several intersections in the City and cumulative air quality impacts. Statements of Overriding Consideration are necessary for the following issues: Traffic Circnfation Project speck effects on local intersections, road capacity, and safety can be fully offset through the payment of fees, the installation of off site road improvements, and contributions to existing regional traffic circulation improvement programs. In addition, the project conditions require substantial traffic circulation and flooding remediation in the immediate project vicinity including widening Los Angeles Avenue betueen Beltramo and Liberty Bell, the extension of Unidos Avenue, signal installation, creation of a bus stop, and the correction of drainage problems at Maureen Lane and Los Angeles Avenue. The applicant has made a conscientious effort to implement the needed improvements. The number of offsite improvements being required by the City would adequately offset all project contributions to cumulative effects on the City's circulation system. Applicable CEQA findings include Findings 1, 2, and 3. )53 Air Quality The project's contribution to local air quality improvement through the payment of about $75,000 in fees would partially offset the increased air quality emissions associated with the project. These funds could be used for the purchase of vans, for the development of ridesharing programs, and related air improvement measures. The construction effects of the project would be offset to the maximum extent feasible through implementation of recommended mitigation measures. Applicable CEQA findings in Findings 1, 2, and 3. Cumulative E>%cts on Educational Facilities Funding for educational programs and facilities in California is limited by legislation. Given the current growth rate in California, many school districts throughout the state have significant financial problems. The pace of development in Moorpark has the potential to significantly impact the quality of education for the local population. The present school fee program does not provide sufficient funds for the development of school facilities. The applicant would contribute to the solution of this problem through the payment of required fees. No further mitigation planning can be done on the part of the applicant to solve this cumulative problem. Applicable CEQA findings include Findings 2 and 3. .In adopting a Statement of Overriding Considerations, the decision -makers should also recognize that the proposed project provides affordable moderate income housing for the community and substantial offsite transportation improvements. These benefits significantly offset the project's contribution to cumulative traffic, air quality, and educational problems in the City. J514 C CONDITIONS OF APPROVAL Tentative Tract No. 4726 A Single Family Residential Development Related Application and Conditions: Residential Planned Development Permit 904 Applicant: The Westland Company Hearing Date: June 17, 1991 Final revisions are indicated in bold print. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS General Requirements 1(A). Approval of the Tentative Map is conditioned upon execution of an Affordable Housing Agreement between the City of Moorpark and the applicant or developer. Compliance with terms and conditions of this agreement is mandatory. No Final Map shall be recorded until this agreement is signed. 1(B). The General Plan Amendment and Rezone approvals shall be subject to full implementation of the proposed Affordable Housing Agreement. If the terms and conditions of this Agreement are not carried out in full in the implementation of the project, the associated f RPD permits shall be revoked and the City shall institute proceedings to revoke the 1 proposed General Plan and Rezone and replace the applicant requested land use designations with the existing designations on the property. 2. The conditions of approval of this Tentative Map supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map; and that all provisions of the Subdivision Map Act, City of Moorpark Ordinances and adopted City policies apply. 3. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 4. The developer's recordation of this Map and/or commencement of construction as a result of this Map shall be deemed to be acceptance of all conditions of this Map by the applicant. 5. 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, the stricter ones shall take precedence. 6. If any of the conditions or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 7. The applicant agrees as a condition of approval of the tentative and final subdivision maps to defend at his sole expense any action brought against the City because of approval or renewal of this subdivision. Applicant shall reimburse the City of any court costs and/or attorneys fees which the City may be required by a court to pay as a result of any such action. The City, may, -1- /55 at its sole discretion, participate in the defense of any such action, but such participation shall not relieve applicant of his obligations under this condition. 8. The development shall be subject to all applicable regulations of the RPD zone designation for the property. 9. No Zoning Clearance shall be issued for any building construction until the Final Map has been recorded. Prior to the issuance of any building permit, a zoning clearance shall be obtained from the Department of Community Development. A Building Permit shall be obtained from the Department of Building and Safety after the granting of a zoning clearance. 10. The Tentative Map shall expire three years from the date of its approval. Failure. to record a Final Map with the Ventura County Recorder prior to expiration of the Tentative Map shall terminate all proceedings, and any subdivision of the land shall require the filing and processing of a new Tentative Map. Prior to Grading Permit Approval, the Following Conditions Shall be Satisfied: 11. The developer shall submit grading plans to the Director of Community Development for approval to ensure compliance with the Mitigation Monitoring Program. The grading plans shall include the areas designated for residential development on each lot, consistent with the "lot envelope" plan approved by the City Council. 12. In order to reduce the visual impact of manufactured slopes, the top and toe of these slopes shall be rounded off. Also, the grading plan shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. 13. Complete landscape plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect. The landscape plans shall comply with pertinent City Zoning Codes and shall generally be in conformance with the Ventura County Guide to Landscape Plans. The Plans shall be submitted to the Director of Community Development for review and approval. The applicant shall bear the total cost of the landscape plan review and final installation inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The final landscape plans shall be approved by the Director of Community Development prior to issuance of Zoning Clearance. All landscaping and planting shall be accomplished and approved by the Director of Community Development, or his designee, prior to the approval of occupancy. The final project landscape plans shall include landscaping specifications, planting details, and design specifications for all of the following project components which shall be subject to the following conditions: a. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Community Development Director. b. Backllow preventers, transformers, or other exposed utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and/or a wall. C. A sufficiently dense tree planting plan emphasizing tall growing trees and/or shrubs shall be designed along the western site boundary to minimize quality of life changes and the loss of privacy of the adjacent single-family neighborhood along Maureen Lane. Trees shall be a minimum of 15 gallon or 24 inch box size in order to provide screening in a short time period. Recommendations regarding planting included in 156 the EIR shall be incorporated to the degree feasible into the screening plan. The size Cof trees to be planted shall be subject to approval by the Community Development Department Director. d. All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance; all pedestrian walkway plans shall be subject to Director of Community Development design approval. e. Any turf plantings associated with this project shall be drought tolerant, low-water using variety. f. Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. g. A coordinated street tree planting program shall be developed which will provide a dominant street tree within each of the six cul-de-sac streets in the development. Dominant street trees shall vary between streets to provide aesthetic diversity within the development. h. Multi -family development parking areas along Unidos Avenue which are visible from the single family development shall be screened from view through the use of landscaping and 3-foot tall berms and/or a low wall. i. Written approval of all landscaping programs within the Caltrans easement along Los Angeles Avenue shall be obtained from this agency prior to approval of the landscape plan by the Director of the Community Development Department. Los Angeles Avenue landscaping improvements (including the proposed barrier wall) shall be implemented. j. A riparian woodland planting program along the Arroyo Simi shall be included in the landscape plan. This planting plan should be designed to provide a nearly continuous canopy of local riparian woodland trees along the Arroyo margin within the project limits. Trees to be planted should include native California broadleaf trees (Sycamore, Box Elder, Elderberry, Cottonwood, Alder, and other selected species). k. Temporary irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan, for a minimum of two years and from the date of installation of the landscaping. The applicant shall be responsible for maintaining the irrigation system and all landscaping until such time as the Homeowners' Association accepts responsibility. Prior to Homeowners' Association acceptance of responsibility for the landscaping, the applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the subdivision. 14. The applicant shall submit a plan for review and approval of the Director of Community Development which identifies how compliance with the utilities undergrounding requirement will be met. 15. Within two days after City Council adoption of a resolution approving Tentative Tract Map 4726, the applicant shall submit to the City of Moorpark a check for $875, payable to the County of Ventura, to comply with the Assembly Bill 3158. Pursuant to Public Resources Code section 21089(b) and Fish and Game Code section 711.4(c), the project is not operative, vested or final until the filing fees are paid. N 16. No grading permit for Tract 4726 may be issued unless there has been an award of residential development management system allotments for the project. When the award is for less than the entire project, grading beyond the immediate area of the lots for which the applicant proposes to utilize the allotments shall only be allowed in accordance with the following: a. The developer executes, in a form approved by the City Attorney, a waiver of any claim of a vested right to be exempt from Measure F a result of grading beyond the area for which the allotments have been awarded and an acknowledgement that the developer assumes any risks that may result from commencement of grading prior to the award of allotments for the entire project; and b. The applicant has been awarded allotments for at least 15 percent of the number of non-exempt residential dwelling units, in which case the grading may be carried out for the entire project. Prior To Final Map Approval, The Following Conditions Shall be Satisfied: 17. Prior to final map approval, the developer of Tract 4726 shall obtain residential development management system allotments for all residential lots. 18. An unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate sewer service. 19. Condition 19 was transfered to page 12 and is now referenced as condition 71(A) 20. The subdivider shall obtain a "District Release" from the Calleguas Municipal Water District and Waterwork's District No. 1. Applicant shall be required to comply with Ventura County Waterwork's Rules and Regulations, including payment of all applicable fees. 21. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. 22. The applicant shall pay Quimby (park and recreation) Fees consistent with City Ordinance No. 6. -4- - 23. Covenants, Conditions, and Restrictions (CC&R's) establishing a Homeowners' Association t for the proposed division shall be prepared and shall identify the maintenance responsibilities of the Homeowners' Association including, but not limited to, the following: Maintenance of all streets and common -shared driveways, all storm drains and channels, the landscaped entry areas, the landscaping along the Arroyo Simi and western landscaping buffer adjacent to Maureen Lane, any slope directly affecting drainage or street facilities, and any identified maintenance areas. Should the Homeowner's Association fail to maintain in a satisfactory manner, these components of the project or any portion thereof, these project components, or portion thereof, shall be annexed, at the City's option, to a City Assessment District. The total cost of any Assessment District so established shall be borne by the lot owners within Tract No. 4726. Prior to approval of the Final Map, an easement covering all areas to be maintained by a Homeowner's Association shall be irrevocably offered to the City for maintenece purposes. 24. The CC&R's shall include all Tentative Map conditions of approval which have been identified for inclusion in the CC&R's, and shall be submitted to the Director of Community Development and City Attorney for review and approval prior to Final Map approval by the City Council. Tentative Map conditions of approval shall be highlighted in the copies of the CC&R's submitted for City review. Prior to sale of any lots, the CC&R's shall be approved by the State Department of Real Estate and then recorded. 25. The applicant shall be required to pay all costs associated with City Attorney review of the project CC&R's prior to final map approval. 26. The Homeowners' Association may modify the CC&R's only to the extent that they do not conflict with the terms of approval of the Tentative Map. Further, the Homeowners' Association shall enforce the CC&R's. 27. The CC&R's shall include a requirement that any future residential units constructed in the subdivision shall comply with Chapter 2-53 of Part 2 and Chapter 4-10 of Part 4, of Title 24 of the California Administrative Code. 28. The CC&R's shall include a requirement that ultra -low water consumption plumbing fixtures shall be installed consistent with City Ordinance No. 132. The CC&R's shall also include a requirement for the following energy saving devices: a. Stoves, ovens, and ranges, when gas fueled, shall not have continuous burning pilot lights. b. All thermostats connected to the main space heating source shall have night setback features. C. Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. 29. A fencing, perimeter, and privacy barrier wall plan (complete with related landscaping details) identifying the materials to be used and proposed wall heights and locations shall be submitted to and approved by the Director of Community Development. The approved fencing and barrier wall plan shall be incorporated into the CC&R's. All fencing and barrier walls along lot boundaries shall be in place prior to occupancy. The barrier wall along the western property boundary adjacent to Maureen Lane shall be completed in its entirety prior to occupancy of any unit along the westernmost cul-de-sac in the development. -5- �sy 29(A). Single and multi -family units shall comply with all pertinent Title 24 and Uniform Building Code conditions regarding handicapped access and facilities. 30. The CC&R's shall include language requiring that no structures, walls, or fences shall be erected which impede or restrict sheet flow of drainage between lots. 31. The CC&R's shall include language prohibiting use of wood or asphalt shingles as roofing materials for residential structures. 32. The applicant and his successors, heirs, and assigns shall remove any graffiti within ten (10) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. 33. The Final Map shall indicate all trail and landscaping easements shown on the Tentative Map. The minimum width of said easements shall be 10 feet. With the exception of the easement along the western project boundary adjacent to Maureen Lane, all said easements shall be deeded to the Homeowners' Association. 34. Concurrent with recording of the Final Map, the applicant shall dedicate a ten foot landscaping easement along the western perimeter of the proposed project to provide a buffer from adjacent development along Maureen Lane. The fee ownership of this easement shall be transferred to the individual ownerships along Maureen Lane. The easement shall include restrictions to prevent any use of this dedicated area for purposes other than landscaping. In addition, to assure the privacy of existing adjacent homes along the western perimeter of the development, second story windows will be no lower than six (6) feet from the second story line to prevent views into the yards of the Maureen Lane homes. Properties subject to this restriction will be deed restricted to prevent changes to this window limitation and these restrictions shall also be incorporated into the CC&Rs for the project. 35. Prior to Final Map approval, the applicant shall make a contribution of $3000 per unit to the City which will be used to fund public street or traffic improvements which would be directly or indirectly impacted by project generated traffic. -fr RM _ CITY ENGINEER CONDITIONS Prior to Final Map Approval, The Following Conditions Shall be Satisfied: 36. a. The applicant shall submit to the City for review and approval, a grading plan prepared by a registered civil engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion. Cut or fill slopes shall be no steeper than 2:1 (horizontal:vertical). Contour grading of all slopes shall be provided to the satisfaction of the Director of Community Development and the City Engineer. b. An erosion control plan shall be submitted for review and approval if grading is to occur between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required (to the degree feasible) within 60 days of completion of grading. C. All haul routes shall be approved by the City Engineer. On -site haul routes shall be limited to graded areas only. 37. a. The applicant shall submit to the City for review and approval, a detailed soils and geotechnical report prepared by both a civil engineer and a geotechnical engineer registered with the State of California. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the recommendations of the approved soils report. b. Review of the soils and geotechnical report by the City's geotechnical consultant may be required by the City Engineer. If so, the applicant shall reimburse the City for all f consultant review costs including the Citys administrative costs. 38. a. The applicant shall submit to the City for review and approval, street improvement plans prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. Any necessary right-of-way required to complete the improvements will be acquired by the applicant at their expense. b. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, paving, and any necessary transitions to the satisfaction of the City Engineer. C. To provide for secondary access, the applicant shall construct Unidos Avenue improvements to connect the project site with Liberty Bell Road. The right-of-way and improvements shall be designed and constructed as an interim measure, with additional right-of-way and improvements to be provided in the future by the adjacent developer. The applicant shall execute a reimbursement agreement with the City to receive reimbursement from the developer of the adjacent parcel at the time of development of the adjacent parcel. d. The applicable Ventura County Road Standard Plates are as follows: 1. Unidos Avenue shall be per Plate B-4A. 2. Unidos Avenue (offsite) shall be per Plate B-313, modified to provide 28 feet of paving within 36 feet of right-of-way as an interim facility. 3. "A", "B", "C", "I3", "E", "F", and "G" courts shall be per plate B-5B. -7- C39. The applicant shall demonstrate to the satisfaction of the City Engineer that each building pad has adequate protection from a 100-year storm and feasible access during a 10-year storm. 40. The applicant shall submit to the City for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer. The applicant also shall enter into an agreement with the City to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. The project drainage plans shall provide the necessary improvements to eliminate the ponding along the south side of Los Angeles Avenue between Shasta Avenue and Maureen Lane. The project drainage improvements and street improvement plans shall provide for the ultimate disposal of all run-off flows over this stretch of roadway. Hydrology shall be per current Ventura County Standards except as follows: a. all catch basins in sump locations shall be designed for a 50-year storm; b. all catch basins on continuous grades shall be designed for a 10-year storm; C. all catch basins in a sump condition shall be designed such that the depth of water at intake shall equal the depth of the approach flows; d. all culverts shall be designed for a 50-year storm; e. drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; f. for a 10-year storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available where possible. g. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the applicant. 41. The applicant shall submit to the City and the Ventura County Flood Control District (VCFCD) for review and approval, bank protection plans for the Arroyo Simi prepared by a registered civil engineer, shall enter into an agreement with the VCFCD to complete the improvements and shall post sufficient surety guaranteeing the completion of the improvements. The bank protection improvements shall include raising the north levee as necessary in order that an ultimate discharge of 25,400 cfs is contained in the Arroyo Simi with three feet of freeboard. The improvements shall extend from Tract 4147 (Villa Campensina) to west of Maureen Lane whereby all properties within this distance shall be protected from this design discharge. The bank protection plans shall address: a. Whether the existing toe rock must be increased if the north or south levees are raised. b. Whether there will be any change to the water surface elevation due to the additional rip -rap to the toe rock and to the top of the levees. C. The impact of any change to the water surface elevation on the proposed Arroyo Vista Park and High School property on the south side of the Arroyo Simi shall be mitigated in accordance with City, FEMA, and VCFCD requirements. d. How the shallow flooding from the property to the east of the project site should be contained and conveyed to the Arroyo Simi. 42. The applicant shall submit to the City and the Water Works District No. 1 for review and approval, sanitary sewer plans for the replacement, encasement and/or protection of the existing 27 inch sanitary sewer line located within the north bank of the Arroyo Simi. The plans/analysis shall be prepared by a registered civil engineer. The applicant shall enter into an agreement with the Water Works District to complete the improvements and shall post sufficient surety guaranteeing the completion of the improvements. 43. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City Engineer. 44. The applicant shall make a special contribution to the City in the amount of $9,090, which represents its 4.5% share of the total costs of mitigation improvements to the Spring Road - New Los Angeles Avenue intersection. This contribution represents the total contribution for Tract 4726 and Tract 4738. 45. The applicant shall submit to the City and Caltrans for review and approval, a traffic signal plan for the intersection of Goldman Avenue - Los Angeles Avenue, prepared by a registered civil engineer, shall enter into an agreement with the City to complete these improvements; and shall post sufficient surety guaranteeing completion. The applicant shall also enter into a reimbursement agreement with the City, whereby the applicant will be entitled to receive 50% reimbursement of the costs associated with the traffic signal construction. If the traffic signal is deemed warranted and construction is permitted by Caltrans, the signal shall be operational prior to any occupancy. If construction of the signal is not allowed by Caltrans at the time of the applicant's request for occupancy, the applicant shall deposit 125% of the total estimated construction cost with the City. The required bond for this signal can be exonerated if the cash deposit is provided to the City. This construction cost shall include associated engineering, construction inspection and administration costs. This cash deposit does not relieve the applicant from constructing the signal. The applicant shall construct the signal upon receiving Caltrans permission to do so. 46. The applicant shall make a special contribution to the City in the amount of $15,150, which represents its 7.5% share of the total costs of mitigation improvements to the intersection of Los Angeles Avenue - Moorpark Avenue. This contribution represents the total contribution for Tract 4726 and Tract 4738. 1(03 47. The applicant shall make a special contribution to the City in the amount of $1,725, which represents its 4.O to share of the total costs of mitigation improvements to the Spring Road - High Street intersection. This contribution represents the total contribution for Tract 4726 and Tract 4738. 48. The applicant shall deposit with the City a contribution for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Area of Contribution rate at the time of final map approval. If previous payment of this contribution can be demonstrated to the City's satisfaction, this condition shall be waived. 49. The applicant shall indicate in writing to the City Engineer, the disposition of any water well or any other well that may exist within the project. If any wells are proposed to be abandoned, or if they have been abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372 and any applicable Division of Oil and Gas requirements. 50. The applicant shall transmit (by certified mail) a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State of 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 Engineer. 51. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes (such as the construction of Unidos Avenue, the proposed trail along Arroyo Simi, or other applicable undertakings), the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Government Code Section 66457. a. Notify the City in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for such purposes 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 (iv) a current Litigation Guarantee Report; C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the Citys cost (including, without limitation, attorneys fees and overhead expenses) of acquiring such an interest in the land. 52. The applicant shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street fights. 53. The applicant shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., landscaping, parks, fencing, etc.) or which require removal (i.e., model homes, temporary debris basins, etc.). -10- Icy In Conjunction with Final Map Approval, the Following Conditions Shall be Satisfied: 54. The applicant shall offer to dedicate on the Final Map to the City of Moorpark for public use, a. all right-of-way for public streets as shown on the Final Map; b. the offsite right-of-way for Unidos Avenue between the project site and Liberty Bell Road; and C. any portion of right-of-way for the proposed trail along the Arroyo Simi not located within existing flood control easements. 55. The applicant shall dedicate on the Final Map to the City of Moorpark, public service easements as required. 56. The applicant shall delineate areas subject to flooding as a "Flowage Easement" and then offer the easements for dedication to the City of Moorpark on the fmal map. Lot to lot drainage easements, flood hazard areas and secondary drainage easements shall also be delineated on the Map. Assurance shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. Prior to Zone Clearance, the Following Conditions Shall Apply: 57. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of a watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the new 10, 50, 100 and 500 year flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. A conditional letter of map revision (if required by FEMA) shall be provided to the City prior to zone clearance. The applicant will be responsible for all costs charged by the FEMA and the City's administrative costs. During construction, the following conditions shall apply: 58. Prior to any work being conducted within the State or City right-of-way, the applicant shall obtain an encroachment permit from the appropriate Agency. 59. The applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit for any construction activity within the Ventura County Flood Control District right-of-way and a Streamcourse Alteration Permit for any work within portions of the Arroyo Simi subject to the jurisdiction of the Corps of Engineers . 60. The applicant shall construct all necessary drainage facilities, including brow ditch and slope bench drainage channels, with a permanent earth tone color so as to minimize visual impacts. Said color shall be submitted to and approved by the Planning Director as part of the grading plans. 61. An 18" slough wall shall be constructed directly behind the back of the sidewalk where slopes over four feet are adjacent to sidewalk so as to reduce debris from entering streets. -11- M05 62. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriffs Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. Contaminated or hazardous soil as defined by Department of Health Services may not be used for on -site soil fill or roadway subgrade unless the Department of Health Services determines in writing, that said material has been treated to a level that is no longer considered a public health risk or requires public disclosure by the Department of Real Estate. Any contaminated or hazardous soil shall be removed to an approved landfill. 63. Where roads requiring four or more inches of pavement are to be built, the applicant shall construct the required street section minus one -inch of paving as an interim condition until all utility cuts or trenching are completed. The final one -inch cap of asphalt shall be placed after all necessary trenching is completed. 64. No trees with a trunk diameter in excess of four inches shall be trimmed or removed without prior approval of the Director of Community Development. Prior to occupancy, the following conditions shall be satisfied- 65. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of this condition. 66. The Los Angeles Avenue - Goldman Avenue traffic signal shall be operational prior to any occupancy. If construction of the signal is not allowed by Caltrans at the time of the applicant's request for occupancy, the applicant shall deposit 125% of the total estimated construction cost with the City. The required bond for this signal can be exonerated if the cash deposit is provided to the City. This construction cost shall include associated engineering, construction inspection and administration costs. This cash deposit does not relieve the applicant from constructing the signal. The applicant shall construct the signal upon receiving Caltrans permission to do so. 67. The construction of the extension of Unidos Avenue east of the project boundary to provide a connection with Liberty Bell shall be completed to provide secondary access to the project site from Liberty Bell Road. Any direct expenses incurred by the developer relating to the construction of pavement, curb, gutter, sidewalk, traffic signal or right-of-way acquisition along Unidos Avenue east of the project boundary shall be reimbursed by the future developer of the adjacent property (or properties) where this extension is constructed. The City will enter into an agreement with the developer of Tract No. 4726, agreeing to condition the future developer of the adjacent property (or properties) where the Unidos extension is constructed to reimburse the developer of Tract No. 4726 for all expenses related to this extension. The agreement will be prepared by the developer of Tract No. 4726, subject to review and approval by the City. The developer shall pay for the City's legal review and any additional expenses necessary to complete the reimbursement agreement. 67(A). The following offsite improvements along Los Angeles Avenue shall be completed: full paveout shall be provided along the south side of Los Angeles Avenue between the easterly project boundary and Liberty Bell Road, between the western project boundary and Belltramo Road, and full intersection improvements (which may include curb and gutter and sidewalks west of Maureen Lane) to correct the drainage problem that exists at Maureen Lane and Los Angeles Avenue. These improvements may require the acquisition of some right-of-way. -12- EI Prior to acceptance of public improvements and bond exoneration, the following conditions shall be satisfied. 68. Sufficient surety guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance by the City Council. 69. Original "as -built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for 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 block on each sheet. Submission of "asbuilt" plans is required before a final inspection will be scheduled. 70. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 71. The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 71(A). All proposed utilities shall be undergrounded to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 KV or larger power lines. This requirement for undergrounding includes all above- ground power poles on the project site as well as those along the frontage of the site in the Caltrans right-of-way. The undergrounding of utilities must be accomplished prior to final map approval. VENTURA COUNTY WATERWORKS DISTRICT NO 1 General Requirements 72. The applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations". VENTURA COUNTY FLOOD CONTROL AND WATER RESOURCES DEPARTMENT Prior to Grading Permit Approval, the Following Condition Shall be Satisfied: 73. The Final Drainage Study shall be reviewed and approved by the County of Ventura Flood Control and Water Resources Department. MOORPARK UNIFIED SCHOOL DISTRICT Prior to Final Map Approval, the Following Condition Shall be Satisfied: 74. A school bus turn -out shall be provided on the south side of Los Angeles Avenue. The design of this turn -out shall be approved by the School District prior to grading permit approval. -13- VENTURA COUNTY FIRE DISTRICT C 75. Access roads shall be installed with an all weather surface, suitable for access by fire department apparatus. A minimum clear street width of 36 feet shall be provided. 76. 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, approved fire protection system or systems shall be installed as required and acceptable to the Bureau of Fire Prevention. 77. When only one (1) access point is provided, the maximum length of such access shall not exceed 800 feet. 78. A secondary access road shall be provided to the development. 79. Prior to recordation of street names, proposed names shall be submitted to the Fire Department -Communication's Center for review. 80. Street signs shall be installed prior to occupancy. All street names shall be approved by the City Council after review by the Fire Department. 81. Address numbers, a minimum of 4 inches (4") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are setback more than L% feet (L50) from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 82. A minimum fire flow of 1,000 gallons per minute shall be provided at this location. 83. Prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for the approval of the location of fire hydrants. Existing hydrants on plan within 500 feet of the development shall be shown on the plan. 84. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch and one 2- 1/2 inch outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 500 feet on center, and so located that no structure will be farther than 250 feet from any one hydrant. d. Fire hydrants shall be 24 inches on center, recessed in from the curb face. 85. 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 Ventura County Ordinance # 14. 86. All grass or brush exposing any structure(s) shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. -14- toe 87. An approved Underwriter's Laboratory (UL) spark arrestor shall be installed on the chimney of any structure(s). MOORPARK POLICE DEPARTMENT CONDITIONS 88. A licensed security guard is required during the construction phase, or a 6-foot high chain fence shall be erected around the construction site. 89. Construction equipment, tools, etc., shall be properly secured during non -working hours. 90. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 91. Address numbers shall be a minimum of 6 inches in height and illuminated during the hours of darkness. 92. All exterior doors shall be constructed of solid wood core a minimum of 1 and 3/4 inches thick. 93. Doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1 inch. 94. All residential sliding glass doors or windows shall be equipped with metal guide tracks at the top and bottom and be constructed so that the window cannot be lifted from the track when in the closed or locked position. 95. Every residential unit in the tract shall have locks using combinations which are interchange free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies. ENVIRONMENTAL MITIGATION CONDITIONS Some of the following mitigation conditions have been incorporated into the recommended City Engineer conditions listed above. Duplicated conditions included in revised format in the City Engineer Conditions are indicated in italics. Environmental Quality Monitoring Program 96. Prior to issuance of any zoning clearance for the Westland project, the applicant shall fund the appointment of an Environmental Quality Assurance Monitor for the project. The monitor shall be selected by and contracted with the City-, this monitor shall be financially and professionally independent of the developer. This monitor shall be under contract full time for the duration of the construction period during which all roads, rough and finish grading, and utilities are installed. Monitoring would be periodic following the completion of these phases of construction. Monitoring shall begin with the initiation of pre -construction demolition and be terminated when all landscaping mitigation measures have been implemented and been field verified. The monitor shall be responsible for all mitigation measure enforcement and compliance with monitoring reporting requirements. -15- /6q id Circulation ioldman Avenue/Los Angeles Avenue Signalization and Improvements - A traffic signal shall ,e installed at this location prior to occupancy of the proposed project. The Westland !evelopment shall be responsible for paying for 50010 of the cost of this new signal (about 50,000). In addition to this signalization, the south side of Los Angeles Avenue shall be 7tproved to ultimate planned width along the project frontage. This segment shall be striped for zne markings consistent with existing traffic movements (including a westbound left tum lane). ✓orthbound and southbound Goldman Avenue shall be striped for separate left and right turn lanes. 9& Spring Road/New Los Angeles Avenue - The City of Moorpark is currently coordinating an intersection improvement project at this location which would require right-of-way acquisition, widening to allow installation of additional northbound and southbound left turn lanes and provision of additional eastbound and westbound through lanes, (while retaining all other existing lanes). The proposed development shall be required to participate in a cost -sharing allocation for this improvement (estimated to be about $9000 or 4.5% of the total intersection reconstruction cost). 99. Spring Road & Los Angeles Avenue High Street - No feasible mitigation is available to improve this intersection to acceptable levels of service due to the limits of existing rights -of -way and development. Some improvements to LOS at this location can be achieved by restriping Spring Road to provide 1 northbound right tum lanes and a combined northbound through -left turn lane. The project's prorata share of this improvement is estimated to be about $1500 or 4% of the total ( improvement cost. 100. Moorpark Avenue at Los Angeles Avenue - The applicant shall contribute to funding improvements at this intersection to mitigate both project specific and cumulative effects. The intersection should be redesigned to provide a northbound left tum, through and right turn lane, two eastbound left turn and three through lanes, one left tum and three through lanes westbound, and one left turn, one through -left and one right tum lane on the southbound approach. The applicant's contribution to the improvement of this intersection is estimated to be about $15,000. 101. The applicant shall contribute to the Los Angeles Avenue Area of Contribution. The actual contribution shall be the adopted fee at the time official map approval. Air Quality Construction Emissions 102. The applicant shall assure that contractors properly maintain and operate construction equipment and use direct injection diesel engines or gasoline powered engines if feasible. 103. The applicant shall assure that contractors water exposed graded areas on a daily basis. 104. Dust generation produced during grading shall be suppressed by the following activities: a. All exposed soil areas shall be sprinkled with water at least once an hour during grading operations. b. All trucks importing fill to the site shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 4 p.m. on weekdays only. -16- .rrr. .,ram i�o C. All active portions of the construction sites shall be sufficiently watered to prevent excessive generation of dust. d. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. e. All grading and excavation operations shall cease during periods of high winds. f. On -site vehicle speed shall be limited to no more than 15 miles per hour. Emissions Associated with New Residences 105. The applicant shall contribute $45,490 in air quality mitigation fees to the City of Moorpark. These funds shall be used at the City's discretion to pay for programs designed to reduce emissions in the local airshed. Flood Hazards 106. Channel bank protection along the Arroyo Simi conforming to County Flood Control District requirements shall be incorporated into the project design. The channel bank protection plan shall address (1) whether the existing toe rock must be increased if the north or south levees are raised, (2) whether there will be any change to the water surface elevation due to the additional rip -rap to the toe rock and to the top of the levees, (3) the impact of any change to the water surface elevation on the proposed Arroyo Vista Park and High School property on the south side of the Arroyo Simi shall be mitigated in accordance with FEMA and VCFCD requirements, and (4) how the shallow flooding from the property to the east of the project will be contained and conveyed to Arroyo Simi. All Flood Control District recommendations shall be incorporated into project building plans prior to issuance of grading permits and the recommended mitigation measures shall conform with City Ordinance No. 100 requirements regarding pad elevations and protection from a 100 year storm. 107. Reinforcement of the existing sewer line (in the vicinity of the proposed levee reconstruction) shall be completed to achieve compliance with County Flood Control and Engineering standards. In consultation with County Flood Control and Waterworks District 1, a final design solution for this problem shall be decided upon prior to issuance of building permits. The final design configuration shall be acceptable to the sewer line owner of record Geologic Hazards 10& The design mitigations recommended by the geotechnical consultants shall be incorporated into the project working drawings. The City Engineer shall verify that all design measures are accounted for in the building plans prior to issuance of any Building Permits for the project. Specific design measures are provided in the EIR Technical Appendir (Buena Engineers 1990: 9- 12). Biological and Botanical Resources 109. A riparian woodland planting program shall be required along the Arroyo Simi within and adjacent to the project boundary. This planting plan should be designed to provide a nearly continuous canopy of local riparian woodland trees along the Arroyo margin within the project limits. Trees to be planted should include native California broadleaf trees (Sycamore, Box Elder, Elderberry, Cottonwood, Alder, and other selected species). -17- III Public Services School Facilities 110. The new elementary school currently under construction in the project vicinity shall be completed and operating prior to release of the Certificates of Occupancy for the Westland housing project. 111. The project applicant shall pay required school fees to the Moorpark Unified School District prior to issuance of Building Permits. Long Term Water Supply 112. Low water consumption toilets, showers, faucets and exterior landscaping drip irrigation systems shall be required. 113. Kitchen cabinets shall be configured to enable installation of low water demand water conserving dishwashers and washing machines. All hot water lines shall be insulated. 114. Adequate room shall be planned in utility right-of-ways for installation of reclaimed water pipelines to service open space landscaped areas, streetscape landscaping, and open space residential greenbelt areas. Noise 115. Any required noise reduction walls along internal circulation roads or along the northern perimeter of the proposed project shall be constructed to conform with requirements presented in the Noise Technical Report (Walker-Celano 1990) prepared for the project. Noise barrier locations and designs shall be reviewed and approved by the Community Development Department prior to issuance of Zoning Clearance. Hazardous Materials 116. Prior to issuance of grading permits, the applicant shall submit a report to the Community Development Department demonstrating compliance with all remedial actions recommended in the Phase II Hazardous Materials Assessment. In addition, an environmental engineer should monitor the demolition of existing industrial facilities on the property and if significant hazardous material contamination is observed or detected, remedial actions shall be required. -18- 11Z Conditions of Approval and Planning Commission Resolution for Approval of Residential Planned Development Permit No. 90-4 173 Resolution of Approval for RPD Permit No. 904 Resolution No. PC-91-242 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL OF RPD PERMIT NO.90-4 Whereas, at a duly noticed public hearing held on June 3, 1991, the Planning Commission considered the application filed by Westland Company requesting approval RPD Permit 90-4 and related Tentative Tract No. 4726 to allow a 106 lot subdivision of a 24.93 acre site zoned R-1-13 which is located north of Los Angeles Avenue in the vicinity of Maureen Lane and Goldman Avenue in Moorpark, California; and Whereas, the Planning Commission has reviewed and considered the information contained in the staff report dated June 3, 1991; and Whereas, the Planning Commission has reviewed and recommended certification of the Final EIR on the project and furthermore has found that the subject project will have significant effects on the environment but that these impacts have been mitigated to the maximum extent feasible; and Whereas, at its meeting of June 3, 1991, the Planning Commission opened the public hearing, received and considered public testimony from all those present wishing to testify, closed the public hearing, and reached its decision on the application; Now, therefore, the Planning Commission of the City of Moorpark, California, does resolve as follows: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resource Code of the State of California (beginning at Section 21000), the Planning Commission of the City of Moorpark recommends that the City Council certify the Environmental Impact Report and Statement of Overriding Considerations (Exhibit 1) prepared for this project. SECTION 2. The Planning Commission hereby adopts the findings contained in the staff report of June 3, 1991 which state: (1) the applications and related submittals prepared by the applicant for Planned Development Permits, Tentative Maps, a General Plan Amendment, and Zone Changes, adequately describe the proposed project; (2) the recommended Conditions of Approval meet the findings requirements of the Subdivision Map Act (Government Code Sections 66412.3, 66473.5, 66474, 66474.6, and 66478.1 et. seq.); and (3) the environmental effects of the proposed project have been fully described in the EIR on this project. The environmental analysis fully complies with the requirements of the California Environmental Quality Act and Guidelines. The decision -makers have reviewed and considered the information contained in the EIR and recommend that the City Council certify the Final EIR as complete and adequate. Icy Resolution No. PC-91- 2 4 2 SECTION 3. The Planning Commission does hereby find that the approval of the Tentative Tract Map is consistent with the City's General Plan (subject to implementation of all Conditions of Approval). SECTION 4. The Planning Commission hereby recommends that the City Council condition the General Plan Amendment and Rezone to be subject to full implementation of the proposed Affordable Housing Agreement. If the terms and conditions of this Agreement are not carried out in full in the implementation of the project, the associated RPD permits shall be revoked and the City shall institute proceedings to revoke the proposed General Plan and Rezone and replace the applicant requested land use designations with the existing designations on the property. SECTION 5. The Planning Commission hereby recommends that the City Council conditionally approve RPD Permit No. 90-4 (and related Tentative Tract Map No. 4726) subject to compliance with all Conditions of Approval (attached as Exhibit 2) and subject to implementation of a Mitigation Monitoring Program. The action with the foregoing direction was approved by the following roll call vote: Ayes: Commissioners Miller, Torres, and Wesner; Noes: Commissioner Brodsky; Absent: (one vacancy) . Passed, approved, and adopted this 17th day of June, 1991. , X" ;,elA hairman of the C mmission ATTEST: Celia La Fleur Secretary Exhibits: (1) Statement of Overriding Considerations (2) Conditions of Approval I '"15 EXHIBIT 1 STATEMENT OF OVERRIDING CONSIDERATIONS Statement of Overriding Considerations CEQA Findings A Final EIR has been prepared on the proposed Westland development which addresses the environmental effects of the project. Mitigation measures have been conceived for all significant effects. Pursuant to Sections 15043 and 15091 of the State CEQA Guidelines, the following findings are recommended- (1) Changes or alternations have been required in the project which avoid or substantially lessen the significant envionrmental effects of the project related to geologic and flooding hazards, impacts on community aesthetics and visual resources, effects on traffic circulation at intersections in the immediate project vicinity, the availability of long term water supplies, the effects of noise generated by traffic on Los Angeles Avenue and traffic within the project, the remediation of hazardous agricultural and petrochemical materials, (2) Changes or alterations in the social or physical environment which could lessen environmental effects but which are within the responsibility and jurisdication of another public agency and not the City of Moorpark include effects wastewater treatment capacity, cumulative effects on traffic circulation, cumulative effects on air quality, and cumulative effects on education. (3) Physical and economic considerations make infeasible the full and complete mitigation of traffic impacts at several intersections in the City and cumulative air quality impacts. Statements of Overriding Consideration are necessary for the following issues: 'traffic Circulation Project specific effects on local intersections, road capacity, and safety can be fully offset through the payment of fees, the installation of off site road improvements, and contributions to existing regional traffic circulation improvement programs. In addition, the project conditions require substantial traffic circulation and flooding remediation in the immediate project vicinity including widening Los Angeles Avenue between Beltramo and Liberty Bell, the extension of Unidos Avenue, signal installation, creation of a bus stop, and the correction of drainage problems at Maureen Lane and Los Angeles Avenue. The applicant has made a conscientious effort to implement the needed improvements. The number of offsite improvements being required by the City would adequately offset all project contributions to cumulative effects on the City's circulation system. Applicable CEQA findings include Findings 1, 2, and 3. Air Quality The project's contribution to local air quality improvement through the payment of about $75,000 in fees would partially offset the increased air quality emissions associated with the project. These funds could be used for the purchase of vans, for the development of ridesharing programs, and related air improvement measures. The construction effects of the project would be offset to the maximum extent feasible through implementation of recommended mitigation measures. Applicable CEQA findings in Findings 1, 2, and 3. Cumulative Effects on Educational Facilities Funding for educational programs and facilities in California is limited by legislation. Given the current growth rate in California, many school districts throughout the state have significant financial problems. The pace of development in Moorpark has the potential to significantly impact the quality of education for the local population. The present school fee program does not provide sufficient funds for the development of school facilities. The applicant would contribute to the solution of this problem through the payment of required fees. No further mitigation planning can be done on the part of the applicant to solve this cumulative problem. Applicable CEQA findings include Findings 2 and 3. In adopting a Statement of Overriding Considerations, the decision -makers should also recognize that the proposed project provides affordable moderate income housing for the community and substantial offsite transportation improvements. These benefits significantly offset the project's contribution to cumulative traffic, air quality, and educational problems in the City. UN CONDITIONS OF APPROVAL Residential Planned Development Permit 904 A Single Family Residential Development Related Application and Conditions: Tentative Tract No. 4726 Applicant: The Westland Company Hearing Date: June 17, 1991 Revisions are indicated in bold print. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS General Requirements: 1. Approval of this Residential Planned Development Permit is conditioned upon execution of an Affordable Housing Agreement between the City of Moorpark and the applicant or developer. Compliance with terms and conditions of this agreement is mandatory. If compliance with this t Agreement is not achieved, the City Council may nullify this RPD permit. 1(B). The General Plan Amendment and Rezone approvals shall be subject to full implementation of the proposed Affordable Housing Agreement. If the terms and conditions of this Agreement are not carried out in full in the implementation of the project, the associated RPD permits shall be revoked and the City shall institute proceedings to revoke the proposed General Plan and Rezone and replace the applicant requested land use designations with the existing designations on the property. 2. The permit is granted for the construction of 110 detached single family residential units (100 market rate and 10 affordable) as shown on the submitted plot plans and elevations. The location and design of all site improvements shall be as shown on the approved plot plan and elevations except or unless indicated otherwise herein. 3. The fmal design of all buildings, open spaces, recreation facilities, walls, landscaping, fences and other design elements (including building materials, finishes, and colors) is subject to the approval of the Director of Community Development prior to issuance of a zoning clearance. 4. This development is subject to all applicable regulations of the RPD Zone and all agencies of the State of California, Ventura County, the City of Moorpark, and any other governmental entities. 5. The permittee agrees to a condition of issuance or renewal of this Permit to defend, at their sole expense, any action brought against the City because of issuance or renewal of this Permit, or in the alternative, to relinquish this Permit. The permittee will reimburse the City for any court costs and/or attorneys fees which the City may be required to pay as a result of any action by a court. The City may at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of the obligations under this condition. -19- C_ 6. No Condition of this Permit shall be interpreted as permitting or requiring any violation of law, or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 7. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial two-year period. 8. Land uses and facilities other than those specifically approved by this Permit shall require a modification to the Permit. 9. Any minor changes to this Permit shall require the submittal of an application for a minor modification and any major changes to this Permit shall require the submittal of a major modification. 10. If any of the Conditions or limitations of this Permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 11. A sign permit is required for all on -site signs and directory boards. 12. Prior to submission of construction plans for plan check or initiation of any construction activity, a zoning clearance shall be obtained from the Department of Community Development. 13. The permittee's acceptance of this permit and/or commencement of construction and/or operations under this permit shall be deemed to be acceptance of all conditions of this permit. Prior to issuance of a zoning clearance, the following conditions shall be satisfied: 14. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by these Conditions. 15. The final construction working drawings shall be submitted to the Director of Community Development for review. 16. Complete landscape plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect. The landscape plans shall comply with pertinent City Zoning Codes and shall generally be in conformance with the Ventura County Guide to Landscape Plans. The Plans shall be submitted to the Director of Community Development for review and approval. The applicant shall bear the total cost of the landscape plan review and final installation inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The final landscape plans shall be approved by the Director of Community Development prior to issuance of Zoning Clearance. All landscaping and planting shall be accomplished and approved by the Director of Community Development, or his designee, prior to the approval of occupancy. The final project landscape plans shall include landscaping -20- C specifications, planting details, and design specifications for all of the following project components which shall be subject to the following conditions: a. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Community Development Director. b. Backflow preventers, transformers, or other exposed utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and/or a wall. C. A sufficiently dense tree planting plan emphasizing tall growing trees and/or shrubs shall be designed along the western site boundary to minimize quality of life changes and the loss of privacy of the adjacent single-family neighborhood along Maureen Lane. Trees shall be a minimum of 15 gallon or 24 inch box size in order to provide screening in a short time period. Recommendations regarding planting included in the EIR shall be incorporated to the degree feasible into the screening plan. The size of trees to be planted shall be subject to approval by the Community Development Department Director. d. All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance; all pedestrian walkway plans shall be subject to Director of Community Development design approval. e. Any turf plantings associated with this project shall be drought tolerant, low-water using variety. f. Landscaping at site entrances and exits and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. g. A coordinated street tree planting program shall be developed which will provide a dominant street tree within each of the six cul-de-sac streets in the development. Dominant street trees shall vary between streets to provide aesthetic diversity within the development. h. Multi -family development parking areas along Unidos Avenue which are visible from the single family development shall be screened from view through the use of landscaping and 3-foot tall berms and/or a low wall. i. Written approval of all landscaping programs within the Caltrans easement along Los Angeles Avenue shall be obtained from this agency prior to approval of the landscape plan by the Director of the Community Development Department. Los Angeles Avenue landscaping improvements (including the proposed barrier wall) shall be implemented. j. A riparian woodland planting program along the Arroyo Simi shall be included in the landscape plan. This planting plan should be designed to provide a nearly continuous canopy of local riparian woodland trees along the Arroyo margin within the project limits. Trees to be planted should include native California broadleaf trees (Sycamore, Box Elder, Elderberry, Cottonwood, Alder, and other selected species). -21- k. Temporary irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan, for a minimum of two years and from the date of installation of the landscaping. The applicant shall be responsible for maintaining the irrigation system and all landscaping until such time as the Homeowners' Association accepts responsibility. Prior to Homeowners' Association acceptance of responsibility for the landscaping, the applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the subdivision. 17. No roof mounted equipment (other than required vents) shall be permitted. Exceptions to this limitation must be approved by the Director of Community Development. 18. The water heater vent shall be relocated so as to not be visible from a front elevation viewpoint. 19. All residential units shall be constructed employing energy saving devices. These are to include, but are not limited to, the following. a. Low flush toilets (not exceed 1.6 gallons of water per flush). b. Shower controllers (which emit a maximum of 2.5 /gallons of water per minute). C. Stoves, ovens and ranges, when gas fueled, shall not have continuous burning pilot lights. d. All thermostats connected to the main space heating source shall have night setback features. e. Kitchen ventilation system to have automatic dampers to ensure closure when not in use. 20. Exterior lighting within the development shall be limited street lighting. Front yard lighting shall be limited to illumination of entryways and address identification. Excessively bright and/or unshielded front door lighting shall be prohibited. 21. Television cable service shall be provided to all residential units consistent with existing city cable system requirements. Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of residential buildings. 22. All existing and proposed utilities are required to be undergrounded to the nearest off -site utility pole except through transmission lines. This requirement for undergrounding includes all above ground power poles on the project site and those along the frontage of the site in the Los Angeles Avenue right-of-way. Prior to the issuance of a zoning clearance, the applicant shall submit a plan for review and approval to the Director of Community Development which identifies how compliance with the undergrounding requirement will be met. 23. Gutters and roof drains for all buildings shall be provided. 24. No asbestos pipe or construction materials shall be used without prior approval of the City Council. -22- 25. Prior to the issuance of a Zoning Clearance, a surety Bond in the amount of $10,000 shall be filed and accepted by the Director of Community Development. The Director of Community Development may, through a public hearing to be heard before the City Council, recommend that any or all of the funds in the Surety Bond be forfeited for noncompliance of the Conditions of Approval or for some other just cause. This condition shall automatically be superseded by a related resolution ordinance regarding condition compliance for entitlement approvals as adopted by the City Council. 26. If any archaeological or historical artifacts are uncovered during excavation operations the permittee shall assure the preservation of the site, shall obtain the services of a qualified archaeologist to recommend proper disposition of the site, and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. Should human burial remains be encountered during any grading or excavation activities, the permittee shall cease operation and shall notify the Community Development Department staff. Following notification, the permittee shall obtain the services of a qualified archaeological consultant and Native American Monitor(s) who shall assess the situation and recommend proper disposition of the site as approved by the Director of Community Development. Prior to issuance of a building permit, the following conditions shall be satisfied: 27. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from Ventura County Waterworks District No. 1. 28. The applicant shall pay all school assessment fees levied by the Moorpark Unified School District. Prior to occupancy, the following conditions shall be satisfied: 29. The height of all walls around the perimeter of the project site shall be in substantial conformance with perimeter wall details included in the project Landscape Plans. Sound attenuation requirements referenced in the acoustical report for the development shall be taken into account as necessary (within CNEL contours where attenuation is required). All wall heights shall be in substantial conformance with preliminary architectural and landscape plans; the final wall design shall be prepared in consultation with the Director of the Community Development Department. Wall elevations along the western boundary of the project shall be adjusted to (adjacent to Maureen Lane) to assure privacy is retained in adjacent backyards. The barrier wall shall be tan colored slumpstone or another material acceptable to the Community Development Department director. Landscaping berms and other planting techniques shall be employed to minimize the visual dominance of any perimeter walls around the development. The entire western perimeter wall between the Arroyo Simi and Unidos shall be constructed and landscaped prior to occupancy of any units situated along the westernmost cul-de-sac within the development. The barrier wall and landscaping along Los Angeles Avenue shall be completed prior to occupancy of any single family dwellings. 30. In all homes included within a distinct phase of construction, all front yard landscaping shall be fully planted prior to occupancy of any unit included within the subject construction phase. For each construction phase, all front yard landscaping shall be fully installed prior to occupancy of the last unit in that phase. -23- HEM 31. Prior to the issuance of an Occupancy Permit, all landscaping and irrigation system installation shall be completed and approved by the Director of Community Development or his designee. 32. No use for which this permit is granted shall be commenced with until a Certificate of Occupancy has been issued by the Building and Safety Division. In addition, no Certificate of Occupancy may be issued until all on -site improvements speed in this permit have been completed or the applicant has provided some form of financial security to guarantee the agreement such as a Faithful Performance Bond. Said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development, the surety may be exonerated by action of the Director of Community Development. After issuance of a certificate of occupancy, the following conditions shall be applicable: 33. The continued maintenance of the permit area facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within thirty (30) days after notification. CITY ENGINEER CONDITIONS Prior to Zone Clearance, the following condition shall apply: 34. All "Prior to Final Map Approval Conditions" included for Tract 4726 are applicable to this RPD permit and shall be complied with prior to zoning clearance. 35. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of a watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the new 10, 50, 100 and 500 year flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. A conditional letter of map revision (if required by FEMA) shall be provided to the City prior to zone clearance. The applicant will be responsible for all costs charged by the FEMA and the City's administrative costs. During construction, the following conditions shall apply: 36. Prior to any work being conducted within the State or City right-of-way, the applicant shall obtain an encroachment permit from the appropriate Agency. 37. The applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit for any construction activity within the Ventura County Flood Control District right-of-way and a Streamcourse Alteration Permit for any work within portions of the Arroyo Simi subject to the jurisdiction of the Corps of Engineers . 38. The applicant shall construct all necessary drainage facilities, including brow ditch and slope bench drainage channels, with a permanent earth tone color so as to minimize visual impacts. Said color shall be submitted to and approved by the Planning Director as part of the grading plans. -24- C 39. An 18" slough wall shall be constructed directly behind the back of the sidewalk where slopes over four feet are adjacent to sidewalk so as to reduce debris from entering streets. 40. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriffs Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. Contaminated or hazardous soil as defined by Department of Health Services may not be used for on -site soil fill or roadway subgrade unless the Department of Health Services determines in writing, that said material has been treated to a level that is no longer considered a public health risk or requires public disclosure by the Department of Real Estate. Any contaminated or hazardous soil shall be removed to an approved landfill. 41. Where roads requiring four or more inches of pavement are to be built, the applicant shall construct the required street section minus one -inch of paving as an interim condition until all utility cuts or trenching are completed. The final one -inch cap of asphalt shall be placed after all necessary trenching is completed. 42. No trees with a trunk diameter in excess of four inches shall be trimmed or removed without prior approval of the Director of Community Development. Prior to occupancy, the following conditions shall be satisfied: 43. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of this condition. 44. The Los Angeles Avenue - Goldman Avenue traffic signal shall be operational prior to any occupancy. If construction of the signal is not allowed by Caltrans at the time of the applicant's request for occupancy, the applicant shall deposit 125% of the total estimated construction cost with the City. The required bond for this signal can be exonerated if the cash deposit is provided to the City. This construction cost shall include associated engineering, construction inspection and administration costs. This cash deposit does not relieve the applicant from constructing the signal. The applicant shall construct the signal upon receiving Caltrans permission to do so. 45(A). The construction of the extension of Unidos Avenue east of the project boundary to provide a connection with Liberty Bell shall be completed to provide secondary access to the project site from Liberty Bell Road. Any direct expenses incurred by the developer relating to the construction of pavement, curb, gutter, sidewalk, traffic signal or right-of-way acquisition along Unidos Avenue east of the project boundary shall be reimbursed by the future developer of the adjacent property (or properties) where this extension is constructed. The City will enter into an agreement with the developer of Tract No. 4726, agreeing to condition the future developer of the adjacent property (or properties) where the Unidos extension is constructed to reimburse the developer of Tract No. 4726 for all expenses related to this extension. The agreement will be prepared by the developer of Tract No. 4726, subject to review and approval by the City. The developer shall pav for the City's legal review and any additional expenses necessary to complete the reimbursei-ent agreement. -25- 67(A). The following offsite improvements along Los Angeles Avenue shall be completed: full paveout shall be provided along the south side of Los Angeles Avenue between the easterly project boundary and liberty Bell Road, between the western project boundary and Belltramo Road, and full intersection improvements (which may include curb and gutter and sidewalks west of Maureen Lane) to correct the drainage problem that exists at Maureen Lane and Los Angeles Avenue. These improvements may require the acquisition of some right-of-way. Prior to acceptance of public improvements and bond exoneration, the following conditions shall be satisfied: 46. Sufficient surety guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance by the City Council. 47. Original "as -built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for 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 block on each sheet. Submission of "asbuilt" plans is required before a final inspection will be scheduled. 48. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 49. The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. MOORPARK POLICE DEPARTMENT CONDITIONS During construction, the following conditions shall apply: 50. A licensed security guard is recommended during the construction phase, or a 6-foot high chain link fence shall be erected around the construction site. 51. Construction equipment, tools, etc., shall be properly secured during non -working hours. 52. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured prior to installation. All serial numbers shall be recorded for identification purposes. Prior to occupancy, the following conditions shall be satisfied: 53. Landscaping shall not cover any exterior door. 54. Landscaping at any intersection shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 55. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the - locking bar or bolt extending into the receiving guide a minimum of 1-inch deadbolt. -26- 56. Address shall be clearly visible to approaching emergency vehicles and shall be mounted C against a contrasting color. 57. There shall not be any easy exterior access to the roof area of residential units. 58. The number location of individual units shall be displayed at or near each unit entrance and lighted during the hours of darkness. If used, directory boards require a separate sign permit. 59. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. 60. Upon occupancy by the owner or proprietor, each single unit in the development, constructed under the same general plan, shall have locks using combinations which are interchanging free from locks used in all other separate proprietorships or similar distinct occupancies. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS Prior to the issuance of a zoning clearance, the following conditions shall be satisfied: 61. Access roads shall be installed with an all weather surface, suitable for access by fire department apparatus. A minimum clear street width of 36 feet shall be provided. 62. The access roadway shall be extended to within ISO feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Bureau of f Fire Prevention. 63. When only one (1) access point is provided, the maximum length of such access shall not exceed 800 feet. 64. A secondary access road shall be provided to the development. 65. Street signs shall be installed prior to occupancy. 66. Address numbers, a minimum of 4 inches (4") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are setback more than ISO feet (L%') from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 67. A minimum fire flow of 1,000 gallons per minute shall be provided at this location. 68. Prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for the approval of the location of fire hydrants. All existing hydrants within 500 feet of the development shall be shown on this plan. 69. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch and one 2- 1/2 inch outlet. -27- t b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 500 feet on center, and so located that no structure will be farther than 250 feet from any one hydrant. d. Fire hydrants shall be 24 inches on center, recessed in from the curb face. 70. 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 Ventura County Ordinance #14. 71. All grass or brush exposing any structure(s) shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 72. An Underwriter's Laboratory (UL) approved spark arrestor shall be installed on the chimney of any structure(s). VENTURA COUNTY WATERWORKS DISTRICT NO 1 CONDITIONS General Requirement: 73. The applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations". Prior to issuance of a building permit, the following conditions shall be satisfied: 74. The District shall be allowed to review the adequacy and level of service for the project when tenant improvements are requested. Additional facilities, on -site treatment, or other modifications may be required as a condition of certain tenant improvements. VENTURA COUNTY FLOOD CONTROL AND WATER RESOURCES DEPARTMENT CONDITION Prior to approval of a zoning clearance, the following conditions shall be satisfied: 75. The Drainage Study shall be reviewed and approved by the County of Ventura Flood Control and Water Resources Department. CONDITIONS GENERATED AS A RESULT OF THE ENVIRONMENTAL ANALYSIS Environmental Protection Conditions to be Implemented During Construction 76. A regular watering program shall be implemented to reduce fugitive dust. Twice during the work day and at the end of the work day, graded portions of the project site shall be watered to create a "crust" surface. This would reduce the amount of dust generated during non -work hours. 77. The applicant(s) shall obtain a grading permit from the City of Moorpark prior to Zoning Clearance. All grading operations shall be subject to compliance with the Ventura County APCD dust control measures as'enforced by APCD inspectors. -28- 78. All grading and construction equipment shall be kept on or near the site until those phases of development are completed. 79. Site access roads shall be covered with gravel or paving. 80. Public streets in the vicinity of the site shall be periodically washed down with water. 81. Construction activities shall be limited to between the hours of 7:00 a.m. to 7 :00 p.m., and shall exclude Saturdays and Sundays. 82. During site preparation and construction, construction equipment shall be fitted with modern sound -reduction equipment. 83. A licensed security guard is required during the construction phase, or a 6-foot high chain fence shall be constructed around the construction site. 84. Construction equipment, tools, etc., shall be properly secured during non -working hours. Other Conditions Related to the Environmental Analysis: 85. Quimby fees shall be paid which are consistent with City ordinances designed to mitigate impacts on park facilities created by the addition of new residents to the City. 86. The project applicant shall be required to fund all sewer infrastructure improvements necessary to accommodate the proposed project demand. 87. The applicant shall be required to comply with all pertinent County of Ventura Public Works Department connection regulations. These mitigation measures shall be implemented by the County Public Works Department (Waterworks District No. 1). 88. All street lights shall be fully hooded and back shield to reduce the light "spillage" and glare. ENVIRONMENTAL IMPACT REPORT CONDITIONS Some of the following mitigation conditions have been incorporated into the recommended City Engineer conditions listed above. Duplicated conditions included in revised format in the City Engineer Conditions (for either this RPD Permit or the associated Tract Map Conditions) are indicated in italics. Environmental Quality Monitoring Program 89. Prior to issuance of any zoning clearance for the Westland project, the applicant shall fund the appointment of an Environmental Quality Assurance Monitor for the project. The monitor shall be selected by and contracted with the City-, this monitor shall be financially and professionally independent of the developer. This monitor shall be under contract full time for the duration of the construction period during which all roads, rough and finish grading, and utilities are installed. Monitoring would be periodic following the completion of these phases of construction. Monitoring shall begin with the initiation of pre -construction demolition and be terminated when all landscaping mitigation measures have been implemented and been field verified. The monitor shall be responsible for all mitigation measure enforcement and compliance with monitoring reporting requirements. -'9- TraH and Circulation 90. Goldman Avenue/Los Angeles Avenue Signalization and Improvements - A traffic signal shall be installed at this location prior to occupancy of the proposed project. The Westland development shall be responsible for paying for 50010 of the cost of this new signal (about $50,000). In addition to this signalizadon, the south side of Los Angeles Avenue shall be improved to ultimate planned width along the project frontage. This segment shall be striped for Lane markings consistent with existing traffic movements (including a westbound left turn lane). Northbound and southbound Goldman Avenue shall be striped for separate left and right turn lanes. 91. Spring Road/New Los Angeles Avenue - The City of Moorpark is currently coordinating an intersection improvement project at this location which would require right-of-way acquisition, widening to allow installation of additional northbound and southbound left turn lanes and provision of additional eastbound and westbound through lanes, (while retaining all other existing lanes). The proposed development shall be required to participate in a cost -sharing allocation for this improvement (estimated to be about $9000 or 4.5% of the total intersection reconstruction cost). 92. Spring Road & Los Angeles Avenue High Street - No feasible mitigation is available to improve this intersection to acceptable levels of service due to the limits of eristing rights -of -way and development. Some improvements to LOS at this location can be achieved by restriping Spring Road to provide I northbound right turn lanes and a combined northbound through -left turn lane. The project's prorata share of this improvement is estimated to be about $1500 or 4% of the total improvement cost. 93. Moorpark Avenue at Los Angeles Avenue - The applicant shall contribute to funding improvements at this intersection to mitigate both project specific and cumulative effects. The intersection should be redesigned to provide a northbound left turn, through and right turn lane, two eastbound left turn and three through lanes, one left turn and three through lanes westbound, and one left turn, one through -left and one right turn lane on the southbound approach. The applicant's contribution to the improvement of this intersection is estimated to be about $15,000. 94. The applicant shall contribute to the Los Angeles Avenue Area of Contribution. The actual contribution shall be the adopted fee at the time official map approval. Air Quality Construction Emissions 95. The applicant shall assure that contractors properly maintain and operate construction equipment and use direct injection diesel engines or gasoline powered engines if feasible. 96. Dust generation produced during grading shall be suppressed by the following activities: a. All exposed soil areas shall be sprinkled with water at least once an hour during grading operations. b. All trucks importing fill to the site shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 4 p.m. on weekdays only. C. All active portions of the construction sites shall be sufficiently watered to prevent excessive generation of dust. 30- 190 d. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. e. All grading and k xc:avation operations shall cease during periods of high winds. f. On -site vehicle speed shall be limited to no more than 15 miles per hour. Emissions Associated with New Residences 97. The applicant shall contribute $45,490 in air quality mitigation fees to the City of Moorpark. These funds shall be used at the City's discretion to pay for programs designed to reduce emissions in the local airshed. Flood Hazards 98. Channel bank protection along the Arroyo Simi conforming to County Flood Control District requirements shall be incorporated into the project design. The channel bank protection plan shall address (1) whether the existing toe rock must be increased if the north or south levees are raised, (2) whether there will be any change to the water surface elevation due to the additional rip -rap to the toe rock and to the top of the levees, (3) the impact of anv change to the water surface elevation on the proposed Arroyo Vista Park and High School property on the south side of the Arroyo Simi shall be mitigated in accordance with FEMA and VCFCD requirements, and (4) how the shallow flooding from the property to the east of the project will be contained and conveyed to Arroyo Simi. All Flood Control District recommendations shall be incorporated into project building plans prior to issuance of grading permits and the recommended mitigation measures shall conform with City Ordinance No. 100 requirements regarding pad elevations and protection from a 100 year storm. 99 Reinforcement of the existing sewer line (in the vicinity of the proposed levee reconstruction) shall be completed to achieve compliance with County Flood Control and Engineering standards. In consultation with County Flood Control and Waterworks District 1, a final design solution for this problem shall be decided upon prior to issuance of building permits. The final design configuration shall be acceptable to the sewer line owner of record Geologic Hazards 100. The design mitigations recommended by the geotechnical consultants shall be incorporated into the project working drawings. The City Engineer shall verify that all design measures are accounted for in the building plans prior to issuance of any Building Permits for the project. Specific design measures are provided in the EIR Technical Appendix (Buena Engineers 1990. 9- 12). Biological and Botanical Resources 101. A riparian woodland planting program shall be required along the Arroyo Simi within and adjacent to the project boundary. This planting plan should be designed to provide a nearly continuous canopy of local riparian woodland trees along the Arroyo margin within the project limits. Trees to be planted should include native California broadleaf trees (Sycamore, Box Elder, Elderberry, Cottonwood, Alder, and other selected species). -31- i41 Public Services School Facilities 102. The new elementary school currently under construction in the project vicinity shall be completed and operating prior to release of the Certificates of Occupancy for the Westland housing project. 103. The project applicant shall pay required school fees to the Moorpark Unified School District prior to issuance of Building Permits. Long Term Water Supply 104. Low water consumption toilets, showers, faucets and exterior landscaping drip irrigation systems shall be required. 105. Kitchen cabinets shall be configured to enable installation of low water demand water conserving dishwashers and washing machines. All hot water lines shall be insulated. 106. Adequate room shall be planned in utility right-of-ways for installation of reclaimed water pipelines to service open space landscaped areas, streetscape landscaping, and open space residential greenbelt areas. Noise 107. Any required noise reduction walls along internal circulation roads or along the northern perimeter of the proposed project shall be constructed to conform with requirements presented in the Noise Technical Report (Walker-Celano 1990) prepared for the project. The noise barrier shall be reviewed and approved by the Community Development Department prior to issuance of Zoning Clearance. Hazardous Materials 108. Prior to issuance of grading permits, the applicant shall submit a report to the Community Development Department demonstrating compliance with all remedial actions recommended in the Phase II Hazardous Materials Assessment. In addition, an environmental engineer should monitor the demolition of existing industrial facilities on the property and if significant hazardous material contamination is observed or detected, remedial actions shall be required. -3?- jqz Conditions of Approval and Planning Commission Resolution for Approval of Tentative Tract No. 4738 193 Resolution of Approval for 'Fact 4738 Resolution No. PC-91- 2 4 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE TRACT NO. 4738 Whereas, at a duly noticed public hearing held on June 3, 1991, the Planning Commission considered the application filed by Westland Company requesting approval of Tentative Tract No. 4738 and related RPD Permits 90-2 and 90-3 to allow subdivision of a 10.47 acre site and development of 175 multi -family housing units on this property (zoned R-143) located north of Los Angeles Avenue in the vicinity of Maureen Lane and Goldman Avenue in Moorpark, California; and Whereas, the Planning Commission has reviewed and considered the information contained in the staff report dated June 3, 1991; and Whereas, the Planning Commission has reviewed and recommended certification of the Final EIR on the project and furthermore has found that the subject project will have significant effects on the environment but that these impacts have been mitigated to the maximum extent feasible; and Whereas, at its meeting of June 3, 1991, the Planning Commission opened the public hearing, received and considered public testimony from all those present wishing to testify, closed the public hearing, and reached its decision on the application; Now, therefore, the Planning Commission of the City of Moorpark, California, does resolve as follows: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resource Code of the State of California (beginning at Section 21000), the Planning Commission of the City of Moorpark recommends that the City Council certify the Environmental Impact Report and Statement of Overriding Considerations prepared for this project. SECTION 2. The Planning Commission hereby adopts the findings contained in the staff report of June 3, 1991 which state: (1) the applications and related submittals prepared by the applicant for Planned Development Permits, Tentative Maps, a General Plan Amendment, and Zone Changes, adequately describe the proposed project; (2) the recommended Conditions of Approval meet the findings requirements of the Subdivision Map Act (Government Code Sections 66412.3, 66473.5, 66474, 66474.6, and 66478.1 et. seq.); and (3) the environmental effects of the proposed project have been fully described in the EIR on this project. The environmental analysis fully complies with the requirements of the California Environmental Quality Act and Guidelines. The decision -makers have reviewed and considered the information contained in the EIR and recommend that the City Council certify the Final EIR as complete and adequate. Resolution No. PC-91-243 SECTION 3. The Planning Commission does hereby find that the approval of the Tentative Tract Map is consistent with the City's General Plan (subject to implementation of all Conditions of Approval). SECTION 4. The Planning Commission hereby recommends that the City Council condition the General Plan Amendment and Rezone to be subject to full implementation of the proposed Affordable Housing Agreement. If the terms and conditions of this Agreement are not carried out in full in the implementation of the project, the associated RPD permits shall be revoked and the City shall institute proceedings to revoke the proposed General Plan and Rezone and replace the applicant requested land use designations with the existing designations on the property. SECTION 5. The Planning Commission hereby recommends that the City Council conditionally approve Tentative Tract Map No. 4738 subject to compliance with all Conditions of Approval (attached as Exhibit 2) and subject to implementation of a Mitigation Monitoring Program. The action with the foregoing direction was approved by the following roll call vote: Ayes: Commissioners Miller, Torres, and Wesner; Noes: Commissioner Brodsky; Absent: (one vacancy) . Passed, approved, and adopted this 17th day of June, 1991. f hairman of the Commission ATTEST: �S/ Celia La Fleur Secretary Exhibits: (1) Statement of Overriding Considerations (2) Conditions of Approval EXHIBIT I STATEMENT OF OVERRIDING CONSIDERATIONS Statement of Overriding Considerations CEQA Findings A Final EIR has been prepared on the proposed Westland development which addresses the environmental effects of the project. Mitigation measures have been conceived for all significant effects. Pursuant to Sections L5043 and 15091 of the State CEQA Guidelines, the following findings are recommended: (1) Changes or alternations have been required in the project which avoid or substantially lessen the significant enviourmental effects of the project related to geologic and flooding hazards, impacts on community aesthetics and visual resources, effects on traffic circulation at intersections in the immediate project vicinity, the availability of long term water supplies, the effects of noise generated by traffic on Los Angeles Avenue and traffic within the project, the remediation of hazardous agricultural and petrochemical materials, (2) Changes or alterations in the social or physical environment which could lessen environmental effects but which are within the responsibility and jurisdication of another public agency and not the City of Moorpark include effects wastewater treatment capacity, cumulative effects on traffic circulation, cumulative effects on air quality, and cumulative effects on education. (3) Physical and economic considerations make infeasible the full and complete mitigation of traffic impacts at several intersections in the City and cumulative air quality impacts. Statements of Overriding Consideration are necessary for the following issues: Traffic Circnlation Project speck effects on local intersections, road capacity, and safety can be fully offset through the payment of fees, the installation of off site road improvements, and contributions to existing regional traffic circulation improvement programs. In addition, the project conditions require substantial traffic circulation and flooding remediation in the immediate project vicinity including widening Los Angeles Avenue between Beltramo and Liberty Bell, the extension of Unidos Avenue, signal installation, creation of a bus stop, and the correction of drainage problems at Maureen Lane and Los Angeles Avenue. The applicant has made a conscientious effort to implement the needed improvements. The number of offsite improvements being required by the City would adequately offset all project contributions to cumulative effects on the Citys circulation system. Applicable CEQA findings include Findings 1, 2, and 3. Air Quality The project's contribution to local air quality improvement through the payment of about $75,000 in fees would partially offset the increased air quality emissions associated with the project. These funds could be used for the purchase of vans, for the development of ridesharing programs, and related air improvement measures. The construction effects of the project would be offset to the maximum extent feasible through implementation of recommended mitigation measures. Applicable CEQA findings in Findings 1, 2, and 3. Cumulative Effects on Educational Facilities Funding for educational programs and facilities in California is limited by legislation. Given the current growth rate in California, many school districts throughout the state have significant financial problems. The pace of development in Moorpark has the potential to significantly impact the quality of education for the local population. The present school fee program does not provide sufficient funds for the development of school facilities. The applicant would contribute to the solution of this problem through the payment of required fees. No further mitigation planning can be done on the part of the applicant to solve this cumulative problem. Applicable CEQA findings include Findings 2 and 3. In adopting a Statement of Overriding Considerations, the decision -makers should also recognize that the proposed project provides affordable moderate income housing for the community and substantial offsite transportation improvements. These benefits significantly offset the project's contribution to cumulative traffic, air quality, and educational problems in the City. ON CONDITIONS OF APPROVAL Tentative Tract No. 4738 A Multi Family Residential Development Related Application and Conditions: Residential Planned Development Permits 90-2 and 90-3 Applicant: The Westland Company Hearing Date: June 3, 1991 Revisions are indicated in bold print. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS General Requirements 1(A). Approval of the Tentative Map is conditioned upon execution of an Affordable Housing Agreement between the City of Moorpark and the applicant or developer. Compliance with terms and conditions of this agreement is mandatory. No Final Map shall be recorded until this agreement is signed. 1(B). The General Plan Amendment and Rezone approvals shall be subject to full implementation of the proposed Affordable Housing Agreement. If the terms and conditions of this Agreement are not carried out in full in the implementation of the project, the associated RPD permits shall be revoked and the City shall institute proceedings to revoke the proposed General Plan and Rezone and replace the applicant requested land use designations with the existing designations on the property. 2. The conditions of approval of this Tentative Map supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map; and that all provisions of the Subdivision Map Act, City of Moorpark Ordinances and adopted City policies apply. 3. Recordation of this subdivision shall be deemed to be acceptance by the property owner of the conditions of this Map. 4. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 5. The developer's recordation of this Map and/or commencement of construction as a result of this Map shall be deemed to be acceptance of all conditions of this Map by the applicant. 6. 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, the stricter ones shall take precedence. 7. If any of the conditions or limitations of this subdivision are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. -33- 199 C 8. The applicant agrees as a condition of approval of the tentative and final subdivision maps to defend at his sole expense any action brought against the City because of approval or renewal of this subdivision. Applicant shall reimburse the City of any court costs and/or attorneys fees which the City may be required by a court to pay as a result of any such action. The City, may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve applicant of his obligations under this condition. 9. The development shall be subject to all applicable regulations of the zone designation for the property. 10. No Zoning Clearance shall be issued for any building construction until the Final Map has been recorded. Prior to the issuance of any building permit, a zoning clearance shall be obtained from the Department of Community Development. A Building Permit shall be obtained from the Department of Building and Safety after the granting of a zoning clearance. 11. The Tentative Map shall expire three years from the date of its approval. Failure to record a Final Map with the Ventura County Recorder prior to expiration of the Tentative Map shall terminate all proceedings, and any subdivision of the land shall require the filing and processing of a new Tentative Map. Prior to Grading Permit Approval, the Following Conditions Shall be Satisfied: 12. The developer shall submit grading plans to the Director of Community Development for approval to ensure compliance with the Mitigation Monitoring Program. The grading plans shall include the areas designated for residential development on each lot, consistent with the "lot envelope" plan approved by the City Council. 13. In order to reduce the visual impact of manufactured slopes, the top and toe of these slopes shall be rounded off. Also, the grading plan shall indicate the manner in which the graded slopes shall be blended with the natural slope of the site. 14. Complete landscape plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect. The landscape plans shall comply with pertinent City Zoning Codes and shall generally be in conformance with the Ventura County Guide to Landscape Plans. The Plans shall be submitted to the Director of Community Development for review and approval. The applicant shall bear the total cost of the landscape plan review and final installation inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The final landscape plans shall be approved by the Director of Community Development prior to issuance of Zoning Clearance. All landscaping and planting shall be accomplished and approved by the Director of Community Development, or his designee, prior to the approval of occupancy. The final project landscape plans shall include landscaping specifications, planting details, and design specifications for all of the following project components which shall be subject to the following conditions: a. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Community Development Director. b. Backflow preventers, transformers, or other exposed utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and/or a wall. -34- C. The final design of all recreational features shall be included as part of the final ( landscape plans submittal, and shall be subject to the approval of the Community Development Director. d. A sufficiently dense tree planting plan emphasizing tall growing trees and/or shrubs shall be designed along the western site boundary to minimize quality of life changes and the loss of privacy of the adjacent single-family neighborhood along Maureen Lane. Trees shall be a minimum of 15 gallon or 24 inch box size in order to provide screening in a short time period. Recommendations regarding planting included in the EIR shall be incorporated to the degree feasible into the screening plan. The size of trees to be planted shall be subject to approval by the Director of Community Development. e. All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance; all pedestrian walkway plans shall be subject to Director of Community Development design approval. f. Any turf plantings associated with this project shall be drought tolerant, low-water using variety. g. Landscaping at site entrances and exits, parking lot entrances or exits, and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. h. A coordinated tree planting program shall be developed which will provide a dominant street tree within each component of the development. Dominant street trees shall vary between residential buildings to provide aesthetic diversity within the development. i. Plantings in parking areas shall be contained within raised planters surrounded by six- inch high concrete curbs. j. Parking areas shall be screened from view through the use of landscaping and 3-foot tall berms and/or a low wall. k. Written approval of all landscaping programs within the Caltrans easement along Los Angeles Avenue shall be obtained from this agency prior to approval of the landscape plan by the Director of the Community Development Department. 1. The applicant shall dedicate a ten foot landscaping easement along the western perimeter of the proposed project to provide a buffer from adjacent development along Maureen Lane. The fee ownership of this easement shall be transferred to the individual ownerships along Maureen Lane. The easement shall include restrictions to prevent any use of this dedicated area other than landscaping. in. Temporary irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan, for a minimum of two years and from the date of installation of the landscaping. The applicant shall be responsible for maintaining the irrigation system and all landscaping until such time as the Homeowners' Association accepts responsibility. Prior to Homeowners' Association acceptance of responsibility for the landscaping, the applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the subdivision. -35- 20l 40 C 15. The applicant shall submit a plan for review and approval of the Director of Community Development which identifies how compliance with the utilities undergrounding requirement will be met. 16. Within two days after City Council adoption of a resolution approving Tentative Tract Map 4738, the applicant shall submit to the City of Moorpark a check for $875, payable to the County of Ventura, to comply with the Assembly Bill 3158. Pursuant to Public Resources Code section 21089(b) and Fish and Game Code section 711.4(c), the project is not operative, vested or final until the filing fees are paid. 17. No grading permit for Tract 4738 may be issued unless there has been an award of residential development management system allotments for the project. When the award is for less than the entire project, grading beyond the immediate area of the lots for which the applicant proposes to utilize the allotments shall only be allowed in accordance with the following: a. The developer executes, in a form approved by the City Attorney, a waiver of any claim of a vested right to be exempt from Measure F a a result of grading beyond the area for which the allotments have been awarded and an acknowledgement that the developer assumes any risks that may result from commencement of grading prior to the award of allotments for the entire project; and b. The applicant has been awarded allotments for at least 15 percent of the number of non-exempt residential dwelling units. With the receipt of 15% allocation, grading may proceed in phases delineated by the developer. Grading of the first phase may commence once the necessary allotments for that phase have been awarded. Grading of the second phase and each phase thereafter may commence once 75% of the necessary allotments for the preceding phase have been awarded. Prior To Final Map Approval, The Following Conditions Shall be Satisfied: 18. Prior to final map approval, the developer of Tract 4738 shall obtain residential development management system allotments for all residential lots, excluding the remainder parcel. 19. An unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of Community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate sewer service. 20. All proposed utilities shall be undergrounded to the nearest off -site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 67 KV or larger power lines. This requirement for undergrounding includes all above -ground power poles on the project site as well as those along the frontage of the site in the Caltrans right-of-way. The undergrounding of utilities must be accomplished prior to final map approval. 21. The subdivider shall obtain a "District Release" from the Calleguas Municipal Water District and Waterwork's District No. 1. Applicant shall be required to comply with Ventura County Waterwork's Rules and Regulations, including payment of all applicable fees. WO 2cz 22. At the time water service connection is made, cross connection control devices shall be rinstalled on the water system in a manner approved by the County Waterworks District No. 1. 23. The applicant shall pay Quimby (park and recreation) Fees consistent with City Ordinance No. 6. 24. Covenants, Conditions, and Restrictions (CC&R's) establishing a Homeowners' Association for the proposed division shall be prepared and shall identify the maintenance responsibilities of the Homeowners' Association including, but not limited to, the following: Maintenance of all streets and common -shared driveways, all storm drains and channels, the landscaped entry areas, the landscaping surrounding the water tank(s), any slope directly affecting drainage or street facilities, and any dams (collectively "Maintenance Areas"). Should the Homeowner's Association fail to maintain the Maintenance Areas, or any portion thereof, in a satisfactory manner, the Maintenance Areas, or portion thereof, shall be annexed, at the City's option, to a City Assessment District. The total cost of the maintenance provided by the Assessment District Shall be bome by the lot owners within tract 4620. Prior to approval of the Final Map, an easement covering the Maintenance Areas shall be irrevocably offered to the City for maintenance purposes. 25. The CC&R's shall include all Tentative Map conditions of approval which have been identified for inclusion in the CC&R's, and shall be submitted to the Director of Community Development and City Attorney for review and approval prior to Final Map approval by the City Council. Tentative Map conditions of approval shall be highlighted in the copies of the CC&R's submitted for City review. Prior to sale of any lots, the CC&R's shall be approved by the State Department of Real Estate and then recorded. 26. The applicant shall be required to pay all costs associated with City Attorney review of the project CC&R's prior to final map approval. 27. The Homeowners' Association may modify the CC&R's only to the extent that they do not conflict with the terms of approval of the Tentative Map. Further, the Homeowners' Association shall enforce the CC&R's. 28. The CC&R's shall include a requirement that any future residential units constructed in the subdivision shall comply with Chapter 2-53 of Part 2 and Chapter 4-10 of Part 4, of Title 24 of the California Administrative Code. 29. The CC&R's shall include a requirement that ultra -low water consumption plumbing fixtures shall be installed consistent with City Ordinance No. 132. The CC&R's shall also include a requirement for the following energy saving devices: a. Stoves, ovens, and ranges, when gas fueled, shall not have continuous burning pilot lights. b. All thermostats connected to the main space heating source shall have night setback features. C. Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. -37- 203 30. A fencing, perimeter, and privacy barrier wall plan (complete with related landscaping details) identifying the materials to be used and proposed wall heights and locations shall be submitted to and approved by the Director of Community Development. The approved fencing and barrier wall plan shall be incorporated into the CC&R's. All fencing and barrier walls along lot boundaries shall be in place prior to occupancy. The barrier wall along the western property boundary adjacent to Maureen Lane shall be completed in its entirety prior to occupancy of any unit along the westernmost cul-de-sac in the development. 31. The CC&R's shall include language requiring that no structures, walls, or fences shall be erected which impede or restrict sheet flow of drainage between lots. 32. The CC&R's shall include language prohibiting use of wood or asphalt shingles as roofing materials for residential structures. 32(A). Single and multi -family units shall comply with all pertinent Title 24 and Uniform Building Code conditions regarding handicapped access and facilities. 32(B). The CC&Rs shall prohibit any excessive noise generating activities in garages. Garages shall not be used for residential purposes. 32(C). The CC&Rs shall establish occupancy standards for two and three bedroom units. These standards shall be designed to prevent crowding or inappropiately large number of persons fromn residing in a unit. 33. The applicant and his successors, heirs, and assigns shall remove any graffiti within ten (10) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. 34. The Final Map shall indicate all trail and landscaping easements shown on the Tentative Map. The minimum width of said easements shall be 10 feet. With the exception of the easement along the western project boundary adjacent to Maureen Lane, all said easements shall be deeded to the Homeowners' Association. 35. Prior to Final Map approval, the applicant shall dedicate a ten foot landscaping easement along the western perimeter of the proposed project to provide a buffer from adjacent development along Maureen Lane. The fee ownership of this easement shall be transferred to the individual ownerships along Maureen Lane. The easement shall include restrictions to prevent any use of this dedicated area other than landscaping. 36. Prior to Final Map approval, the applicant shall make a contribution of $3000 per unit to the City which will be used to fund public street or traffic improvements which would be directly or indirectly impacted by project generated traffic. The ninety (90) affordable units are exempt from this requirement. CITY ENGINEER CONDITIONS Prior to Final Map approval, the following conditions shall be satisfied: 37. a. The applicant shall submit to the City for review and approval, a grading plan prepared by a registered civil engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion. Cut or fill slopes shall be no steeper than 2:1 (horizontal:vertical). Contour grading of all slopes shall be provided to the satisfaction of the Direcior of Community Development and the City Engineer. KI M_ I C' b. An erosion control plan shall be submitted for review and approval if grading is to occur between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. C. All haul routes shall be approved by the City Engineer. On -site haul routes shall be limited to graded areas only. 38. a. The applicant shall submit to the City for review and approval, a detailed soils and geotechnical report prepared by both a civil engineer and a geotechnical engineer registered with the State of California. - The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. The grading plan shall incorporate the recommendations of the approved soils report. b. Review of the soils and geotechnical report by the City's geotechnical consultant may be required by the City Engineer. If so, the applicant shall reimburse the City for all costs including the City's administrative costs. 39. a. The applicant shall submit to the City for review and approval, street improvement plans prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. Any necessary right-of-way required to complete the improvements will be acquired by the applicant at their expense. b. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, paving, and any necessary transitions to the satisfaction of the City Engineer. C. The applicable Ventura County Road Standard Plates are as follows: 1. Los Angeles Avenue shall be per Plate B-2A. 2. Goldman Avenue shall be per Plate B-4A. 3. Unidos Avenue (onsite) shall be per Plate 134A. 4. Unidos Avenue (offsite) shall be per Plate B-31), modified to provide 28 feet of paving within 36 feet of right-of-way as an interim facility. 40. To provide for secondary access, the applicant shall construct Unidos Avenue improvements to connect the project site with Liberty Bell Road. The right-of-way and improvements shall be designed and constructed as an interim measure with additional right-of-way and improvements to be provided by the adjacent developer in the future. The applicant shall execute a reimbursement agreement with the City to receive reimbursement from the developer of the adjacent parcel at the time of development of the adjacent parcel. 41. The applicant shall demonstrate to the satisfaction of the City Engineer that each building pad has adequate protection from a 100-year storm and feasible access during a 10-year storm. 42. The applicant shall submit to the City for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: -39- Z05 Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. Hydrology shall be per current Ventura County Standards except as follows: a. all catch basins in sump locations shall be designed for a 50-year storm; b. all catch basins on continuous grades shall be designed for a 10-year storm; C. all catch basins in a sump condition shall be designed such that the depth of water at intake shall equal the depth of the approach flows; d. all culverts -shall be designed for a 100-year storm; e. drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; f. for a 10-year storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available where possible. g. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the applicant. 43. The project drainage plans shall provide the necessary improvements to eliminate the ponding along the south side of Los Angeles Avenue between Shasta Avenue and Maureen Lane. The project drainage improvements and street improvement plans shall provide for the ultimate disposal of all run-off flows over this stretch of roadway. 44. The applicant shall submit to the City and the Ventura County Flood Control District (VCFCD) for review and approval, bank protection plans for the Arroyo Simi prepared by a registered civil engineer; shall enter into an agreement with the VCFCD to complete the improvements and shall post sufficient surety guaranteeing the completion of the improvements. The bank protection improvements shall include raising the north levee as necessary in order that an ultimate discharge of 25,400 cfs is contained in the Arroyo Simi with three feet of freeboard. The improvements shall extend from Tract 4147 (Villa Campensina) to west of Maureen Lane whereby all properties within this distance shall be protected from this design discharge. The bank protection plans shall address: a. Whether the existing toe rock must be increased if the north or south levees are raised. b. Whether there will be any change to the water surface elevation due to the additional rip -rap to the toe rock and to the top of the levees. -40- C. The impact of any change to the water surface elevation on the proposed Arroyo Vista Park and High School property on the south side of the Arroyo Simi shall be mitigated in accordance with FEMA and VCFCD requirements. d. How the shallow flooding from the property to the east of the project site should be contained and conveyed to the Arroyo Simi. 45. The applicant shall submit to the City and the Water Works District No. 1 for review and approval, sanitary sewer plans for the replacement, encasement and/or protection of the existing 27 inch sanitary sewer line located within the north bank of the Arroyo Simi. The plans/analysis shall be prepared by a registered civil engineer. The applicant shall enter into an agreement with the Water Works District to complete the improvements and shall post sufficient surety guaranteeing the completion of the improvements. 46. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City Engineer. 47. The applicant shall make a special contribution to the City in the amount of $9,090, which represents its 4.5% share of the total costs of mitigation improvements to the Spring Road - New Los Angeles Avenue intersection. This contribution represents the total contribution for Tract 4726 and Tract 4738. 48. The applicant shall submit to the City and Caltrans for review and approval, a traffic signal plan for the intersection of Goldman Avenue - Los Angeles Avenue, prepared by a registered civil engineer, shall enter into an agreement with the City to complete these improvements; and shall post sufficient surety guaranteeing completion. The applicant shall also enter into a 1 reimbursement agreement with the City, whereby the applicant will be entitled to receive 50% reimbursement of the costs associated with the traffic signal construction. If the traffic signal is deemed warranted and construction is permitted by Caltrans, the signal shall be operational prior to any occupancy. If construction of the signal is not allowed by Caltrans at the time of the applicant's request for occupancy, the applicant shall deposit 125% of the total estimated construction cost with the City. The required bond for this signal can be exonerated if the cash deposit is provided to the City. This construction cost shall include associated engineering, construction inspection and administration costs. This cash deposit does not relieve the applicant from constructing the signal. The applicant shall construct the signal upon receiving Caltrans permission to do so. 49. The applicant shall make a special contribution to the City in the amount of $15,150, which represents its 7.5% share of the total costs of mitigation improvements to the intersection of Los Angeles Avenue - Moorpark Avenue. This contribution represents the total contribution for Tract 4726 and Tract 4738. 50. The applicant shall make a special contribution to the City in the amount of $1,725, which represents its 4.0%a share of the total costs of mitigation improvements to the Spring Road - High Street intersection. This contribution represents the total contribution for Tract 4726 and Tract 4738. 41- 51. As identified in the EIR, the proposed driveways onto Goldman Avenue approximately 180 feet south of Los Angeles Avenue could cause traffic conflicts. The applicant shall mitigate this potential problem by striping a two-way left turn lane on Goldman Avenue or providing an alternate mitigation satisfactory to the City Engineer and the Director of Community Development. One alternative mitigation could be to delete the westerly driveway and replace it with an access to Unidos Avenue west of Goldman Avenue. 52. The applicant shall deposit with the City a contribution for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Area of Contribution rate at the time of final map approval. If previous payment of this contribution can be demonstrated to the City's satisfaction, this condition shall be waived. 53. The applicant shall indicate in writing to the City Engineer, the disposition of any water well or any other well that may exist within the project. If any wells are proposed to be abandoned, or if they have been abandoned and have not been properly sealed, they must be destroyed per Ventura County Ordinance No. 2372 and any applicable Division of Oil and Gas requirements. 54. The applicant shall transmit (by certified mail) a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State of 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 Engineer. 55. If any of the improvements which the applicant is required to construct or install is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes (such as the construction of Unidos Avenue, the proposed trail along Arroyo Simi, or other applicable undertakings), the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Government Code Section 66457. a. Notify the City in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for such purposes 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 (iv) a current Litigation Guarantee Report; C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorneys fees and overhead expenses) of acquiring such an interest in the land. 56. The applicant shall submit to the City Engineer for review and approval, evidence that the CC&R's will include provisions for maintenance of the private on -site sewer and storm drain facilities. 57. The applicant shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. -42- 58. The applicant shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., landscaping, parks, fencing, etc.) or which require removal (i.e., model homes, temporary debris basins, etc.). 59. A meandering sidewalk along the Los Angeles Avenue property frontage shall be constructed, with the precise design and location approved by the City Engineer and Director of Community Development. The following criteria for the design of the meandering sidewalk shall be met: a. Crossfall shall be two percent. b. Sidewalk shall be a minimum of five feet wide at all points. C. The meandering sidewalk shall be contained either within public right-of-way or within an access easement offered to the City. d. The applicant shall agree to maintain the sidewalk and any related landscaping. In conjunction with Final Map approval, the following conditions shall be satisfied: 60. The applicant shall offer to dedicate on the Final Map to the City of Moorpark for public use a. all right-of-way for public streets as shown on the Final Map and b. the offsite right-of-way for Unidos Avenue between the project site and Liberty Bell. 61. The applicant shall make an irrevocable dedication on the Final Map of easements to the City of Moorpark, over all private streets shown on the Vesting Tentative Map for the purpose of providing access to (a) all governmental agencies that provide public safety, health and welfare services or that enforce laws and ordinances, and (b) all members of the public who reasonably need to be vacated over the private streets because of a state of emergency declared by a representative of the City or the Ventura County Fire Protection District. 62. The applicant shall dedicate on the Final Map to the City of Moorpark, public service easements as required. 63. The applicant shall delineate areas subject to flooding as a "Flowage Easement" and then offer the easements for dedication to the City of Moorpark on the final map. Lot to lot drainage easements, flood hazard areas and secondary drainage easements shall also be delineated on the Map. Assurance shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. Prior to Zone Clearance, the following conditions shall apply: 64. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of a watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the new 10, 50, 100 and 500 year flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. A conditional letter of map revision (if required by FEMA) shall be provided to the City prior to zone clearance. The applicant will be responsible for all costs charged by the FEMA and the City's administrative costs. -43- During construction, the following conditions shall apply: 65. Prior to any work being conducted within the State or City right-of-way, the applicant shall obtain an encroachment permit from the appropriate Agency. 66. The applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit for any construction within Ventura County Flood Control District right-of-way. 67. The applicant shall construct all necessary drainage facilities, including brow ditch and slope bench drainage channels, with a permanent earth tone color so as to minimize visual impacts. Said color shall be submitted to and approved by the Planning Director as part of the grading plans. 68. An 18" slough wall shall be constructed directly behind the back of the sidewalk where slopes over four feet are adjacent to sidewalk so as to reduce debris from entering streets. 69. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriffs Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. Contaminated or hazardous soil as defined by Department of Health Services may not be used for on -site soil fill or roadway subgrade unless the Department of Health Services determines in writing that said material has been treated to a level that is no longer considered a public health risk or requires public disclosure by the Department of Real Estate. Any contaminated or hazardous soil shall be removed to an approved landfill. 70. Where roads requiring four or more inches of pavement are to be built, the applicant shall construct the required street section minus one -inch of paving as an interim condition until all utility cuts or trenching are completed. The final one -inch cap of asphalt shall be placed after all necessary trenching is completed. 71. No trees with a trunk diameter in excess of four inches shall be trimmed or removed without prior approval of the Director of Community Development. Prior to occupancy, the following condition shall be satisfied. 72. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of this condition. 73. The Los Angeles Avenue - Goldman Avenue traffic signal shall be operational prior to any occupancy. If construction of the signal is not allowed by Caltrans at the time of the applicant's request for occupancy, the applicant shall deposit 125% of the total estimated construction cost with the City. The required bond for this signal can be exonerated if the cash deposit is provided to the City. This construction cost shall include associated engineering, construction inspection and administration costs. This cash deposit does not relieve the applicant from constructing the signal. The applicant shall construct the signal upon receiving Caltrans permission to do so. -44- 21U 74. To provide for secondary access, the applicant shall construct Unidos Avenue improvements to connect the project site with Liberty Bell Road. The right-of-way and improvements shall be designed and constructed as an interim measure with additional right-of-way and improvements to be provided by the adjacent developer in the future. The applicant shall execute a reimbursement agreement with the City to receive reimbursement from the developer of the adjacent parcel at the time of development of the adjacent parcel. 74(A). The following offsite improvements along Los Angeles Avenue shall be completed: full paveout shall be provided along the south side of Los Angeles Avenue between the easterly project boundary and Liberty Bell Road, between the western project boundary and Belltramo Road, and full intersection improvements (which may include curb and gutter and sidewalks west of Maureen Lane) to correct the drainage problem that exists at Maureen Lane and Los Angeles Avenue. These improvements may require the acquisition of some right-of-way. Prior to acceptance of public improvements and bond exoneration, the following conditions shall be satisfied: 75. Sufficient surety guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance by the City Council. 76. Original "as -built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for 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 block on each sheet. Submission of "asbuilt" plans is required before a final inspection will be scheduled. 77. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 78. The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 General Requirements 79. The applicant for service shall comply with the Ventura County Waterworks District No. "Rules and Regulations". VENTURA COUNTY FLOOD CONTROL AND WATER RESOURCES DEPARTMENT Prior to Grading Permit Approval, the Following Condition Shall be Satisfied: 80. The Final Drainage Study shall be reviewed and approved by the County of Ventura Flood Control and Water Resources Department. -45- MOORPARK UNIFIED SCHOOL DISTRICT Prior to Final Map Approval, the Following Condition Shall be Satisfied: 81. A school bus turn -out shall be provided on the south side of Los Angeles Avenue. The design of this turn -out shall be approved by the School District prior to grading permit approval. MOORPARK POLICE DEPARTMENT CONDITIONS 82. A licensed security guard is required during the construction phase, or a 6-foot high chain fence shall be erected around the construction site. 83. Construction equipment, tools, etc., shall be properly secured during non -working hours. 84. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 85. Address numbers shall be a minimum of 6 inches in height and illuminated during the hours of darkness. 86. All exterior doors shall be constructed of solid wood core a minimum of 1 and 3/4 inches thick. Front glass door(s) commonly used for entry are acceptable but should be visible to the street. 87. Doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1 inch. 88. All residential sliding glass doors or windows shall be equipped with metal guide tracks at the top and bottom and be constructed so that the window cannot be lifted from the track when in the closed or locked position. 89. Every residential unit in the tract shall have locks using combinations which are interchange free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies. VENTURA COUNTY FIRE DISTRICT CONDITIONS 90. All access streets or drives that are 25 feet wide or less shall be posted firelanes, both sides, in accordance with the California Vehicle Code Section 22500.1, and Article 10 of the Uniform Fire Code. 91. The applicant shall provide sufficient proof of the ability to prevent vehicle parking in "No Parking" areas and that enforcement can be secured in order that access by emergency vehicles will not be obstructed. 92. Any gates, to control vehicle access, are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. If applicable, it is recommended that the gate(s) swing in both directions. Plans for the method of gate control shall be subject to review by the Fire Prevention Division prior to installation. 93. Prior to recordation of street names, names shall be submitted to the Fire Prevention Division for review. KrA Z1Z 94. Street signs shall be installed prior to occupancy. 95. Prior to construction, the applicant shall submit plans to the Ventura County Fire Prevention Division for the approval of the location of fire hydrants. Show existing hydrants on plans within 300 feet of the development. 96. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have 14 inch and 2 2-1/2 inch outlets. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be 24 inch on center, recessed in from the curb face. 97. The minimum fire flow required shall be determined by the type of building construction, fire walls, and fire protection devices provided, as specified by the ISO Guide for Determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 2,250 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. 98. A minimum individual hydrant flow of 1,250 gallons per minute shall be provided at this location. 99. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 100. An approved spark arrester shall be installed on the chimney of any structure. 101. Address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are setback more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. Condo units shall be addressed at front door and at garage. 102. A plan shall be submitted to the Ventura County Fire Prevention Division for review indicating the method in which buildings are to be identified. 103. Portions of this development may be in a high fire hazard area and those structures shall meet hazardous fire area building code requirements. 104. Building plans of public assembly areas, which have an occupant load of 50 or more, shall be submitted to the Ventura County Fire Prevention Division for review. 105. 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 Ventura County Ordinance # 14. -47- 213 106. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed with 5 feet of combustible walls, openings, or combustible roof eave lines, unless protected by approved automatic fire sprinklers. 107. An address directory map shall be placed at every entrance into the complex. Maps shall show all streets, driveways, building numbers, unit numbers and additional information that would assist in locating individual units. ENVIRONMENTAL MITIGATION CONDITIONS Some of the following mitigation conditions have been incorporated into the recommended City Engineer conditions listed above. Duplicated conditions included in revised format in the City Engineer Conditions are indicated in italics. Environmental Quality Monitoring Program 108. Prior to issuance of any zoning clearance for the Westland project, the applicant shall fund the appointment of an Environmental Quality Assurance Monitor for the project. The monitor shall be selected by and contracted with the City; this monitor shall be financially and professionally independent of the developer. This monitor shall be under contract full time for the duration of the construction period during which all roads, rough and finish grading, and utilities are installed. Monitoring would be periodic following the completion of these phases of construction. Monitoring shall begin with the initiation of pre -construction demolition and be terminated when all landscaping mitigation measures have been implemented and been field verified. The monitor shall be responsible for all mitigation measure enforcement and compliance with monitoring reporting requirements. Traffic and Circulation 109. Goldman Avenue/Los Angeles Avenue Signah=ion and Improvements - A traffic signal shall be installed at this location prior to occupancy of the proposed project. The Westland development shall be responsible for paying for 50010 of the cost of this new signal (about $50,000). In addition to this signalization, the south side of Los Angeles Avenue shall be improved to ultimate planned width along the project frontage. This segment shall be striped for lane markings consistent with existing traffic movements (including a westbound left tum lane). Northbound and southbound Goldman Avenue shall be striped for separate left and right turn lanes. 110. Spring Road/New Los Angeles Avenue - The City of Moorpark is currently coordinating an intersection improvement project at this location which would require right-of-way acquisition, widening to allow installation of additional northbound and southbound left tum lanes and provision of additional eastbound and westbound through lanes, (while retaining all other existing lanes). The proposed development shall be required to participate in a cost -sharing allocation for this improvement (estimated to be about $9000 or 4.5% of the total intersection reconstruction cost). 111. Spring Road & Los Angeles Avenue High Street - No feasible mitigation is available to improve this intersection to acceptable levels of service due to the limits of existing rights -of -way and development. Some improvements to LOS at this location can be achieved by restriping Spring Road to provide 1 northbound right tum lane and a combined northbound through -left tum lane. The project's prorata share of this improvement is estimated to be about $1500 or 4% of the total improvement cost. -48- Zly 112. Moorpark Avenue at Los Angeles Avenue - The applicant shall contribute to funding improvements at this intersection to mitigate both project specific and cumulative effects. The intersection should be redesigned to provide a northbound left tum, through and right turn lane, two eastbound left turn and three through lanes, one left turn and three through lanes westbound, and one left turn, one through -left and one right turn lane on the southbound approach. The applicant's contribution to the improvement of this intersection is estimated to be about $15, 000. 113. The applicant shall contribute to the Los Angeles Avenue Area of Contribution. The actual contribution shall be the adopted fee at the time official map approval. Air Quality Construction Emissions 114. The applicant shall assure that contractors properly maintain and operate construction equipment and use direct injection diesel engines or gasoline powered engines if feasible. 115. The applicant shall assure that contractors water exposed graded areas on a daily basis. 116. Dust generation produced during grading shall be suppressed by the following activities: a. All exposed soil areas shall be sprinkled with water at least once an hour during grading operations. b. All trucks importing fill to the site shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 4 p.m. on weekdays only. C. All active portions of the construction sites shall be sufficiently watered to prevent excessive generation of dust. d. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. e. All grading and excavation operations shall cease during periods of high winds. f. On -site vehicle speed shall be limited to no more than 15 miles per hour. Emissions Associated with New Residences 117. The applicant shall contribute $30,327 in air quality mitigation fees to the City of Moorpark. These funds shall be used at the City's discretion to pay for programs designed to reduce emissions in the local airshed. Flood Hazards 118. Channel bank protection along the Arroyo Simi conforming to County Flood Control District requirements shall be incorporated into the project design. The channel bank protection plan shall address (1) whether the existing toe rock must be increased if the north or south levees are raised (2) whether there will be any change to the water surface elevation due to the additional rip -rap to the toe rock and to the top of the levees, (3) the impact of any change to the water surface elevation on the proposed Arroyo Ysta Park and High School property on the south side -49- 215 f of the Arroyo Simi shall be mitigated in accordance with FEMA and VCFCD requirements, and (\ (4) how the shallow flooding from the property to the east of the project will be contained and conveyed to Arroyo Simi. All Flood Control District recommendations shall be incorporated into project building plans prior to issuance of grading permits and the recommended mitigation measures shall conform with City Ordinance No. 100 requirements regarding pad elevations and protection from a 100 year storm. 119. Reinforcement of the existing sewer line (in the vicinity of the proposed levee reconstruction) shall be completed to achieve compliance with County Flood Control and Engineering standards. In consultation with County Flood Control and Waterworks District 1, a final design solution for this problem shall be decided upon prior to issuance of building permits. Time final design configuration shall be acceptable to the sewer line owner of record Geologic Hazards 120. The design mitigations recommended by the geotechnical consultants shall be incorporated into the project working drawings. The City Engineer shall verify that all design measures are accounted for in the building plans prior to issuance of any Building Permits for the project. Specific design measures are provided in the EIR Technical Appendix (Buena Engineers 1990. 9- 12). Public Services School Facilities 121. The new elementary school currently under construction in the project vicinity shall be completed and operating prior to release of the Certificates of Occupancy for the Westland housing project. 122. The project applicant shall pay required school fees to the Moorpark Unified School District prior to issuance of Building Permits. Long Term Water Supply 123. Low water consumption toilets, showers, faucets and exterior landscaping drip irrigation systems shall be required. 124. Kitchen cabinets shall be configured to enable installation of low water demand water conserving dishwashers and washing machines. All hot water lines shall be insulate 125. All landscaping in private areas shall be serviced by drip irrigation systems. Turf areas shall be minimized in the landscaping design. Low water demand/drought tolerant native plants shall constitute the majority of the landscaping programs for private areas. 126. Adequate room shall be planned in utility right-of-ways for installation of reclaimed water pipelines to service open space landscaped areas, streetscape landscaping, and open space residential greenbelt areas. 01 Zito Noise 121. A noise reduction wall shall be required along the northern perimeter of the proposed project and along other portions of the development perimeter specified by the noise consultants (e.g., along project internal circulation roads near their intersection with Los Angeles Avenue). The design of this barrier shall conform to requirements presented in the Noise Technical Report (Walker-Celano 1990) prepared for the project. The noise barrier shall be reviewed and approved by the Community Development Department prior to issuance of Zoning Clearance. 128. Interior noise reduction construction techniques shall be required for condominium units exposed to exterior noise levels in excess of 65 dB. The construction specifications computed by the noise consultant for the EIR (Walker-Celano, 1990) shall be incorporated into the project working drawings. Building permits shall not be issued until the City Building Department verifies compliance with Noise reduction specifications. 129. Design standards considered to reduce noise annoyances related to plumbing, party walls, and floor -ceiling construction in two story structures shall be incorporated into project working drawings. Specifications in the Noise report for the EIR (Walker-Celano, 1990) shall be the standards adopted for these noise reduction requirements. Building permits shall not be issued until the City Building Department verifies compliance with noise reduction specifications. Hazardous Materials LM. Prior to issuance of grading permits, the applicant shall submit a report to the Community Development Department demonstrating compliance with all remedial actions recommended in the Phase II Hazardous Materials Assessment. In addition, an environmental engineer should monitor the demolition of existing industrial facilities on the property and if significant hazardous material contamination is observed or detected, remedial actions shall be required. -51- 2il Conditions of Approval and Planning Commission Resolution for Approval of Residential Planned Development Permit Nos. 90-2 and 90-3 (__ Resolution of Approval for RPD Permits 90-2 and 90-3 Resolution No. PC-91- 2 4 4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL OF- RPD PERMIT NOS. 90-2 AND 90-3 Whereas, at a duly noticed public hearing held on June 3, 1991, the Planning Commission considered the application filed by Westland Company requesting approval of RPD Nos. 90-2 and 90-3 and related Tentative Tract No. 4738 to allow a 106 lot subdivision of a 24.93 acre site zoned R-1-13 which is located north of Los Angeles Avenue in the vicinity of Maureen Lane and Goldman Avenue in Moorpark, California; and Whereas, the Planning Commission has reviewed and considered the information contained in the staff report dated June 3, 1991; and Whereas, the Planning Commission has reviewed and recommended certification of the Final EIR on the project and furthermore has found that the subject project will have significant effects on the environment but that these impacts have been mitigated to the maximum extent feasible; and Whereas, at its meeting of June 3, 1991, the Planning Commission opened the public hearing, received and considered public testimony from all those present wishing to testify, closed the public hearing, and reached its decision on the application; Now, therefore, the Planning Commission of the City of Moorpark, California, does resolve as follows: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resource Code of the State of California (beginning at Section 21000), the Planning Commission of the City of Moorpark recommends that the City Council certify the Environmental Impact Report and Statement of Overriding Considerations (Exhibit 1) prepared for this project. SECTION 2. The Planning Commission hereby adopts the findings contained in the staff report of June 3, 1991 which state: (1) the applications and related submittals prepared by the applicant for Planned Development Permits, Tentative Maps, a General Plan Amendment, and Zone Changes, adequately describe the proposed project; (2) the recommended Conditions of Approval meet the findings requirements of the Subdivision Map Act (Government Code Sections 66412.3, 66473.5, 66474, 66474.6, and 66478.1 et. seq.); and (3) the environmental effects of the proposed project have been fully described in the EIR on this project. The environmental analysis fully complies with the requirements of the California Environmental Quality Act and Guidelines. The decision -makers have reviewed and considered the information contained in the EIR and recommend that the City Council certify the Final EIR as complete and i adequate. Z19 Resolution No. PC-91-244 SECTION 3. The Planning Commission does hereby find that the approval of the Tentative Tract Map is consistent with the City's General Plan (subject to implementation of all Conditions of Approval). SECTION 4. The Planning Commission hereby recommends that the City Council condition the General Plan Amendment and Rezone to be subject to full implementation of the proposed Affordable Housing Agreement. If the terms and conditions of this Agreement are not carried out in full in the implementation of the project, the associated RPD permits shall be revoked and the City shall institute proceedings to revoke the proposed General Plan and Rezone and replace the applicant requested land use designations with the existing designations on the property. SECTION S. The Planning Commission hereby recommends that the City Council conditionally approve Tentative Tract Map No. 4726 subject to compliance with all Conditions of Approval (attached as Exhibit 2) and subject to implementation of a Mitigation Monitoring Program. The action with the foregoing direction was approved by the following roll call vote: Ayes: Commissioners Miller, Torres, and Wesner; Noes: Commissioner Brodsky. Absent: (one vacancy) . Passed, approved, and adopted this 17th day of June,1991. � airman of ther C mmission ATTEST: Celia La Fleur Secretary Exhibits: (1) Statement of Overriding Considerations (2) Conditions of Approval zzc EXHIBIT 1 STATEMENT OF OVERRIDING CONSIDERATIONS C A Statement of Overriding Considerations CEQA Findings A F'mal EIR has been prepared on the proposed Westland development which addresses the environmental effects of the project. Mitigation measures have been conceived for all significant effects. Pursuant to Sections 15043 and 15091 of the State CEQA Guidelines, the following findings are recommended- (1) Changes or alternations have been required in the project which avoid or substantially lessen the significant envionrmental effects of the project related to geologic and flooding hazards, impacts on community aesthetics and visual resources, effects on traffic circulation at intersections in the immediate project vicinity, the availability of long term water supplies, the effects of noise generated by traffic on Los Angeles Avenue and traffic within the project, the remediation of hazardous agricultural and petrochemical materials, (2) Changes or alterations in the social or physical environment which could lessen environmental effects but which are within the responsibility and jurisdication of another public agency and not the City of Moorpark include effects wastewater treatment capacity, cumulative effects on traffic circulation, cumulative effects on air quality, and cumulative effects on education. (3) Physical and economic considerations make infeasible the full and complete mitigation of traffic impacts at several intersections in the City and cumulative air quality impacts. Statements of Overriding Consideration are necessary for the following issues: Traffic Circulation Project specific effects on local intersections, road capacity, and safety can be fully offset through the payment of fees, the installation of off site road improvements, and contributions to existing regional traffic circulation improvement programs. In addition, the project conditions require substantial traffic circulation and flooding remediation in the immediate project vicinity including widening Los Angeles Avenue between Beltramo and Liberty Bell, the extension of Unidos Avenue, signal installation, creation of a bus stop, and the correction of drainage problems at Maureen Lane and Los Angeles Avenue. The applicant has made a conscientious effort to implement the needed improvements. The number of offsite improvements being required by the City would adequately offset all project contributions to cumulative effects on the City's circulation system. Applicable CEQA findings include Findings 1, 2, and 3. azz Air Quality The project's contribution to local air quality improvement through the payment of about $75,000 in fees would partially offset the increased air quality emissions associated with the project. These funds could be used for the purchase of vans, for the development of ridesharing programs, and related air improvement measures. The construction effects of the project would be offset to the maximum extent feasible through implementation of recommended mitigation measures. Applicable CEQA findings in Findings 1, 2, and 3. Cumulative Effects on Educational Facilities Funding for educational programs and facilities in California is limited by legislation. Given the current growth rate in California, many school districts throughout the state have significant financial problems. The pace of development in Moorpark has the potential to significantly impact the quality of education for the local population. The present school fee program does not provide sufficient funds for the development of school facilities. The applicant would contribute to the solution of this problem through the payment of required fees. No further mitigation planning can be done on the part of the applicant to solve this cumulative problem. Applicable CEQA findings include Findings 2 and 3. In adopting a Statement of Overriding Considerations, the decision -makers should also recognize that the proposed project provides affordable moderate income housing for the community and substantial offsite transportation improvements. These benefits significantly offset the project's contribution to cumulative traffic, air quality, and educational problems in the City. C CONDITIONS OF APPROVAL Residential Planned Development Permits 90-2 and 90-3 A Multi -Family Residential Development Related Application and Conditions: Tentative Tract No. 4738 Applicant: The Westland Company Date: June 17, 1991 Revisions are indicated in bold print. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS: 1(A). Approval of these RPD permits are conditioned upon execution of an Affordable Housing Agreement between the City of Moorpark and the applicant or project developer. Compliance with terms and conditions of this agreement is mandatory. If compliance with terms and conditions of the Agreement is not achieved, the City Council may act to rescind the RPD f permits. 1(B). The General Plan Amendment and Rezone approvals shall be subject to full implementation of the proposed Affordable Housing Agreement. If the terms and conditions of this Agreement are not carried out in full in the implementation of the project, the associated RPD permits shall be revoked and the City shall institute proceedings to revoke the proposed General Plan and Rezone and replace the applicant requested land use designations with the existing designations on the property. 2. The permit is granted for the construction of 175 multi -family residential units (85 market rate and 90 affordable) as shown on the submitted plot plans and elevations. The location and design of all site improvements shall be as shown on the approved plot plan and elevations except or unless indicated otherwise herein. 3. The final design of all buildings, open spaces, recreation facilities, walls, landscaping, fences and other design elements (including building materials, finishes, and colors) is subject to the approval of the Director of Community Development prior to issuance of a zoning clearance. 4. This development is subject to all applicable regulations of the RPD Zone and all agencies of the State of California, Ventura County, the City of Moorpark, and any other governmental entities. 5. The permittee agrees to a condition of issuance or renewal of this Permit to defend, at their sole expense, any action brought against the City because of issuance or renewal of this Permit, or in the alternative, to relinquish this Permit. The permittee will reimburse the City for any court costs and/or attorneys fees which the City may be required to pay as a result of any action by a court. The City may at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of the obligations under this condition. -52- ZZ4 6. No Condition of this Permit shall be interpreted as permitting or requiring any violation of law, or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 7. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial two-year period. 8. Land uses and facilities other than those specifically approved by this Permit shall require a modification to the Permit. 9. Any minor changes to this Permit shall require the submittal of an application for a minor modification and any major changes to this Permit shall require the submittal of a major modification. 10. If any of the Conditions or limitations of this Permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 11. A sign permit is required for all on -site signs and directory boards. 12. Prior to submission of construction plans for plan check or initiation of any construction activity, a zoning clearance shall be obtained from the Department of Community Development. 13. The permittee's acceptance of this permit and/or commencement of construction and/or operations under this permit shall be deemed to be acceptance of all conditions of this permit. Prior to issuance of a zoning clearance, the following conditions shall be satisfied: 14. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by these Conditions. 15. The final construction working drawings shall be submitted to the Director of Community Development for review. 16. Complete landscape plans (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect. The landscape plans, which shall generally be in conformance with the Ventura County Guide to Landscape Plans and in compliance with the City of Moorpark Ordinance No. 74, shall be submitted to the Director of Community Development for review and approval. The applicant shall bear the total cost of the landscape plan review and final installation inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The final landscape plans shall be approved by the Director of Community Development prior to issuance of Zoning Clearance. All landscaping and planting shall be accomplished and approved by the Director of Community Development, or his designee, prior to the approval of occupancy. The final project landscape plans shall include -53- Z25 r landscaping specifications, planting details, and design specifications for all of the following Cproject components which shall be subject to the following conditions: a. The final design of all sidewalks, barrier walls, streetscape elements, urban landscaping, and pedestrian paths within the project limits are subject to the approval of the Community Development Director. b. Backflow preventers, transformers, or other exposed utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and/or a wall. C. The final design of all recreational features shall be included as part of the final landscape plans submittal, and shall be subject to the approval of the Community Development Director. d. A sufficiently dense tree planting plan emphasizing tall growing trees and/or shrubs shall be designed along the western site boundary to minimize quality of life changes and the loss of privacy of the adjacent single-family neighborhood along Maureen Lane. Trees shall be a minimum of 15 gallon or 24 inch box size in order to provide screening in a short time period. Recommendations regarding planting included in the EIR shall be incorporated to the degree feasible into the screening plan. The size of trees to be planted shall be subject to approval by the Director of Community Development. e. All landscaped pedestrian walkways shall be designed to provide an aesthetically pleasing streetscape appearance; all pedestrian walkway plans shall be subject to Director of Community Development design approval. f. Any turf plantings associated with this project shall be drought tolerant, low-water using variety. g. Landscaping at site entrances and exits, parking lot entrances or exits, and at any intersection within the development shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. h. A coordinated tree planting program shall be developed which will provide a dominant street tree within each component of the development. Dominant street trees shall vary between residential buildings to provide aesthetic diversity within the development. i. Plantings in parking areas shall be contained within raised planters surrounded by six- inch high concrete curbs. j. Parking areas shall be screened from view through the use of landscaping and 3-foot tall berms and/or a low wall. k. Written approval of all landscaping programs within the Caltrans easement along Los Angeles Avenue shall be obtained from this agency prior to approval of the landscape plan by the Director of the Community Development Department. The applicant shall dedicate a ten foot landscaping easement along the western perimeter of the proposed project to provide a buffer from adjacent development along Maureen Lane. The fee ownership of this easement shall be transferred to the individual ownerships along Maureen Lane. The easement shall include restrictions to prevent any use of this dedicated area other than landscaping. -54- in. Temporary irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan, for a minimum of two years and from the date of installation of the landscaping. The applicant shall be responsible for maintaining the irrigation system and all landscaping until such time as the Homeowners' Association accepts responsibility. Prior to Homeowners' Association acceptance of responsibility for the landscaping, the applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the subdivision. 17. Roof mounted equipment shall be prohibited. Exceptions to this requirement shall be subject to approval by the Director of Community Development. 18. Water heater vents shall be located so as to not be visible from a front elevation viewpoint. 19. Any community recycling or trash disposal areas shall be provided in a location which will not interfere with circulation, parking or access to individual homes and shall be screened with a six foot high, solid wall enclosure with self -closing metal gates. The final design of all such enclosures shall be subject to the approval of the Director of Community Development prior to the issuance of a zoning clearance. 20. All exterior building materials, finishes, and paint colors shall be approved by the Director of Community Development Department to ensure compatibility with adjacent developments. 21. All roof jacks and metal flashing shall be painted to match the buildings or roof color. All deck drains shall drain to the side not the front. 22. Wrought iron fencing with pilasters shall be provided around any swimming pool areas. All fences and walls shall be approved by the Director of Community Development. 23. Solar panels for heating any swimming pool(s) constructed within the development shall be subject to the approval of the Director of Community Development prior to the issuance of a zoning clearance. 24. The height of all walls around the perimeter of the project site shall be designed to conform with sound attenuation requirements referenced in the acoustical report for the development. All wall heights shall be designed in consultation with the Director of the Community Development Department. Wall elevations along the western boundary of the project shall be adjusted to (adjacent to Maureen Lane) to assure privacy is retained in adjacent backyards. The barrier wall shall be tan colored slumpstone or another material acceptable to the Community Development Department director. 25. Bullnose stucco molding shall be used to soften edges of residential buildings. 26. Individual garages shall be a minimum of 20 feet in length and 20 feet in width with a minimum interior height of 8 feet. 27. All garage doors shall have automatic door openers. -55- ZLI C, 28. Parking spaces shall be nine (9) feet in width and twenty (20) feet in length. An additional one-half foot width must be provided for parking spaces located adjacent to a wall. Pullover parking (overhangs) shall be limited to 24 inches maximum. No vehicles shall be allowed to encroach onto walkways or into the required landscaped setbacks along roadways. Drive aisles between parking spaces shall be thirty (30) feet in width. 29. A parking plan shall be approved by the Director of Community Development prior to zoning clearance approval. 30. The windows along the front and rear elevations of the residential buildings shall be double pane glass with a small pane appearance. 31. All residential units shall be constructed employing energy saving devices. These are to include, but are not limited to, the following: a. Low flush toilets (not exceed 1.6 gallons of water per flush). b. Shower controllers (which emit a maximum of 2.5 gallons of water per minute). C. Stoves, ovens and ranges, when gas fueled, shall not have continuous burning pilot lights. d. All thermostats connected to the main space heating source shall have night setback features. e. Kitchen ventilation system to have automatic dampers to ensure closure when not in use. 32. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: avoid interference with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height to avoid excessive illumination; and provide structures which are compatible with the total design of the proposed facility. The lighting plans shall include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout to be based on a ten (10) foot grid center. b. Maximum overall height of fixtures shall be fourteen (14) feet. C. Fixtures must possess sharp cut-off qualities with a maximum of one-half foot candle illumination at property lines. d. There shall be no more than seven -to -one (7:1) ratio of level of illumination shown (maximum -to -maximum ratio between lighting standards). e. Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties. f. Average minimum maintained one-half foot candle illumination. 500 g. No light shall be emitted above the 90 degree or horizontal plane. h. All parking lot pole lights shall be fully hooded and back shielded to reduce the light "spillage" and glare. 33. Television cable service shall be provided to all residential units consistent with existing city cable system requirements. Undergrounding of cable wires is required and no lines shall be allowed to be extended along the exterior walls of residential buildings. 34. All existing and proposed utilities are required to be undergrounded to the nearest off -site utility pole except through transmission lines. This -requirement for undergrounding includes all above ground power poles on the project site and those along the frontage of the site in the Los Angeles Avenue right-of-way. Prior to the issuance of a zoning clearance, the applicant shall submit a plan for review and approval to the Director of Community Development which identifies how compliance with the.undergrounding requirement will be met. 35. Gutters and roof drains for all buildings shall be provided. 36. No asbestos pipe or construction materials shall be used without prior approval of the City Council. 37. The applicant shall make a contribution of $3000 per unit to the City which will be used to fund public street or traffic improvements which would be directly or indirectly impacted by project generated traffic. 38. Prior to the issuance of a Zoning Clearance, a surety Bond in the amount of $10,000 shall be filed and accepted by the Director of Community Development. The Director of Community Development may, through a public hearing to be heard before the City Council, recommend that any or all of the funds in the Surety Bond be forfeited for noncompliance of the Conditions of Approval or for some other just cause. This condition shall automatically be superseded by a related resolution ordinance regarding condition compliance for entitlement approvals as adopted by the City Council. 39. If any archaeological or historical artifacts are uncovered during excavation operations the permittee shall assure the preservation of the site, shall obtain the services of a qualified archaeologist to recommend proper disposition of the site, and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. Should human burial remains be encountered during any grading or excavation activities, the permittee shall cease operation and shall notify the Community Development Department staff. Following notification, the permittee shall obtain the services of a qualified archaeological consultant and Native American Monitor(s) who shall assess the situation and recommend proper disposition of the site as approved by the Director of Community Development. Prior to issuance of a building permit, the following conditions shall be satisfied: 40. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from Ventura County Waterworks District No. 1. 41. The applicant shall pay all school assessment fees levied by the Moorpark Unified School District. -57- OW Prior to occupancy, the following conditions shall be satisfied: C42. Prior to the issuance of an Occupancy Permit, all landscaping and irrigation system installation shall be completed and approved by the Director of Community Development or his designee. 43. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping, and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. 44. No use for which this permit is granted shall be commenced with until a Certificate of Occupancy has been issued by the Building and Safety Division. In addition, no Certificate of Occupancy may be issued until all on -site improvements specified in this permit have been completed or the applicant has provided some form of financial security to guarantee the agreement such as a Faithful Performance Bond. Said on -site improvements shall be completed within IM days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development, the surety may be exonerated by action of the Director of Community Development. After issuance of a certificate of occupancy, the following conditions shall be applicable: 45. The continued maintenance of the permit area facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within thirty (30) days after notification. 46. The striping for any parking spaces shall be maintained so that it remains clearly visible. 47. The applicant and subsequently, once formed, the Homeowner'a Association shall remove any graffiti within ten (10) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. This requirement shall be included in the CC&Rs for the development. CITY ENGINEER CONDITIONS Prior to Zone Clearance, the following condition shall be apply: 48. All "Prior to Final Map Approval Conditions" included for Tract 4738 are applicable to this RPD permit and shall be complied with prior to zoning clearance. 49. City Ordinance No. 100 and the Federal Emergency Management Agency (FEMA), require updating of the National Flood Insurance Program maps for affected areas whenever any alteration of a watercourse is made. If a FIRM map revision is necessary, all materials required by FEMA for a map revision shall be provided to the City Engineer's office. This material will demonstrate the new 10, 50, 100 and 500 year flood plain locations following development. This information will be forwarded by the City Engineer to the FEMA for review and updating of the National Flood Insurance Program maps. A conditional letter of map revision (if required by FEMA) shall be provided to the City prior to zone clearance. The applicant will be responsible for all costs charged by the FEMA and the City's administrative costs. -58- Z30 During construction, the Mowing conditions shall apply. 50. Prior to any work being conducted within the State or City right-of-way, the applicant shall obtain an encroachment permit from the appropriate Agency. 51. The applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit for any construction within Ventura County Flood Control District right-of-way. 52. The applicant shall construct all necessary drainage facilities, including brow ditch and slope bench drainage channels, with a permanent earth tone color so as to minimize visual impacts. Said color shall be submitted to and approved by the Planning Director as part of the grading plans. 53. An 18" slough wall shall be constructed directly behind the back of the sidewalk where slopes over four feet are adjacent to sidewalk so as to reduce debris from entering streets. 54. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriffs Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. Contaminated or hazardous soil as defined by Department of Health Services may not be used for on -site soil fill or roadway subgrade unless the Department of Health Services determines in writing that said material has been treated to a level that is no longer considered a public health risk or requires public disclosure by the Department of Real Estate. Any contaminated Cor hazardous soil shall be removed to an approved landfill. 55. Where roads requiring four or more inches of pavement are to be built, the applicant shall construct the required street section minus one -inch of paving as an interim condition until all utility cuts or trenching are completed. The final one -inch cap of asphalt shall be placed after all necessary trenching is completed. 56. No trees with a trunk diameter in excess of four inches shall be trimmed or removed without prior approval of the Director of Community Development. Prior to occupancy, the following conditions shall be satisfied: 57. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of this condition. 58. The Los Angeles Avenue - Goldman Avenue traffic signal shall be operational prior to any occupancy. If construction of the signal is not allowed by Caltrans at the time of the applicant's request for occupancy, the applicant shall deposit 125% of the total estimated construction cost with the City. The required bond for this signal can be exonerated if the cash deposit is provided to the City. This construction cost shall include associated engineering, construction inspection and administration costs. This cash deposit does not relieve the applicant from constructing the signal. The applicant shall construct the signal upon receiving Caltrans permission to do so. -59- 231 C59(A). To provide for secondary access, the applicant shall construct Unidos Avenue improvements to conned the project site with Liberty Bell Road. The right-of-way and improvements shall be designed and constructed as an interim measure with additional right-of-way and improvements to be provided by the adjacent developer in the future. The applicant shall execute a reimbursement agreement with the City to receive reimbursement from the developer of the adjacent parcel at the time of development of the adjacent parcel. 59(B). The following offsite improvements along Los Angeles Avenue shall be completed: full paveout shall be provided along the south side of Los Angeles Avenue between the easterly project boundary and Liberty Bell Road, between the western project boundary and Belltramo Road, and full intersection improvements (which may include curb and gutter and sidewalks west of Maureen Lane) to correct the drainage problem that exists at Maureen Lane and Los Angeles Avenue. These improvements may require the acquisition of some right-of-way. Prior to acceptance of public improvements and bond exoneration, the following conditions shall be satisfied. 60. Sufficient surety guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance by the City Council. 61. Original "as -built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for 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 block on each sheet. Submission of "asbuilt" plans is required before a final inspection will be scheduled. 62. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 63. The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. MOORPARK POLICE DEPARTMENT CONDITION During construction, the following conditions shall apply. 64. A licensed security guard is recommended during the construction phase, or a 6-foot high chain link fence shall be erected around the construction site. 65. Construction equipment, tools, etc., shall be properly secured during non -working hours. 66. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured prior to installation. All serial numbers shall be recorded for identification purposes. ®1 Z3Z Prior to occupancy, the following conditions shall be satisfied: 67. Lighting devices shall be high enough so as to prevent anyone on the ground from tampering with them. All parking areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum of one-half foot candle of light and shall be designated to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather and breakage -resistant covers. 68. Landscaping shall not cover any exterior door. 69. Landscaping at entrances/exits or at any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 70. All entrance/exit driveways shall be a minimum of 30 feet in width. 71. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1-inch deadbolt. 72. Address shall be clearly visible to approaching emergency vehicles and shall be mounted against a contrasting color. 73. There shall not be any easy exterior access to the roof area of residential units. 74. The number location of individual units shall be displayed at or near each unit entrance and lighted during the hours of darkness. If used, directory boards require a separate sign permit. 75. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. 76. Upon occupancy by the owner or proprietor, each single unit in the development, constructed under the same general plan, shall have locks using combinations which are interchanging free from locks used in all other separate proprietorships or similar distinct occupancies. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS Prior to the issuance of a zoning clearance, the following conditions shall be satisfied: 77. All access streets or drives that are 25 feet wide or less shall be posted firelanes, both sides, in accordance with the California Vehicle Code Section 22500.1, and Article 10 of the Uniform Fire Code. 78. The applicant shall provide sufficient proof of the ability to prevent vehicle parking in "No Parking" areas and that enforcement can be secured in order that access by emergency vehicles will not be obstructed. 79. Any gates, to control vehicle access, are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. If applicable, it is recommended that the gate(s) swing in both directions. Plans for the method of gate control shall be subject to review by the Fire Prevention Division prior to installation. Gate control shall also be reviewed and approved by the Direction of the Community Development Department. -61- Z33 80. Prior to recordation of street names, names shall be submitted to the Fire Prevention Division Cfor review. All street names shall be approved by the City Council after review by the Fire Department. 81. Street signs shall be installed prior to occupancy. 82. Prior to construction, the applicant shall submit plans to the Ventura County Fire Prevention Division for the approval of the location of fire hydrants. Existing hydrants within 300 feet of the development shall be shown on these plans. 83. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have 14 inch and 2 2-1/2 inch outlets. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be 24 inch on center, recessed in from the curb face. 84. The minimum fire flow required shall be determined by the type of building construction, fire walls, and fire protection devices provided, as specified by the ISO Guide for Determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 2,250 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. 85. A minimum individual hydrant flow of 1,250 gallons per minute shall be provided at this location. 86. All grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 87. An approved Underwriters Laboratory (UL) spark arrester shall be installed on the chimney of any structure. 88. Address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are setback more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. Condo units shall be addressed at front door and at garage. 89. A plan shall be submitted to the Ventura County Fire Prevention Division for review indicating the method in which buildings are to be identified. 90. Building plans of public assembly areas, which have an occupant load of 50 or more, shall be submitted to the Ventura County Fire Prevention Division for review. 91. 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 Ventura County Ordinance #14. -62- 92. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed with 5 feet of combustible walls, openings, or combustible roof eave lines, unless protected by approved automatic fire sprinklers. 93. An address directory map shall be placed at every entrance into the complex. Maps shall show all streets, driveways, building numbers, unit numbers and additional information that would assist in locating individual units. VENTURA COUNTY WATERWORKS DISTRICT NO 1 CONDITIONS General Requirement: 94. The applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations". Prior to issuance of a building permit, the following conditions shall be satisfied: 95. The District shall be allowed to review the adequacy and level of service for the project when tenant improvements are requested. Additional facilities, on -site treatment, or other modifications may be required as a condition of certain tenant improvements. VENTURA COUNTY FLOOD CONTROL AND WATER RESOURCES DEPARTMENT CONDITIONS Prior to approval of a zoning clearance, the following conditions shall be satisfied: 96. The Final Drainage Study shall be reviewed and approved by the County of Ventura Flood Control and Water Resources Department. CONDITIONS GENERATED AS A RESULT OF THE ENVIRONMENTAL ANALYSIS 97. The applicant(s) shall obtain a grading permit from the City of Moorpark prior to Zoning Clearance. All grading operations shall be subject to compliance with the Ventura County APCD dust control measures as enforced by APCD inspectors. 98. Construction activities shall be limited to between the hours of 7:00 a.m. to 7 :00 p.m., and shall exclude Saturdays and Sundays. 99. During site preparation and construction, construction equipment shall be fitted with modern sound -reduction equipment. 100. A licensed security guard is required during the construction phase, or a 6-foot high chain fence shall be constructed around the construction site. 101. The project applicant shall be required to fund all sewer infrastructure improvements necessary to accommodate the proposed project demand. -63- Z36 102. The applicant shall be required to comply with all pertinent County of Ventura Public Works Department connection regulations. These mitigation measures shall be implemented by the County Public Works Department (Waterworks District No. 1). 103. To encourage future residents and tenants of the proposed project to contribute materials for recycling, design considerations shall be include in each development component that would provide adequate space and facilities for the storage and transfer of recyclable materials. 104. All parking lot pole lights and street lights shall be fully hooded and back shield to reduce the light "spillage" and glare. ENVIRONMENTAL IMPACT REPORT CONDITIONS Some of the following mitigation conditions have been incorporated into the recommended City Engineer conditions listed above. Duplicated conditions included in revised format in the City Engineer Conditions are indicated in italics. Environmental Quality Monitoring Program 105. Prior to issuance of any zoning clearance for the Westland project, the applicant shall fund the appointment of an Environmental Quality Assurance Monitor for the project. The monitor shall be selected by and contracted with the City; this monitor shall be financially and professionally independent of the developer. This monitor shall be under contract full time for the duration of the construction period during which all roads, rough and finish grading, and utilities are installed. Monitoring would be periodic following the completion of these phases of construction. Monitoring shall begin with the initiation of pre -construction demolition and C-2 be terminated when all landscaping mitigation measures have been implemented and been field verified. The monitor shall be responsible for all mitigation measure enforcement and compliance with monitoring reporting requirements. Traffic and Circulation 106. Goldman Avenue/Los Angeles Avenue Signalization and Improvements - A traffic signal shall be installed at this location prior to occupancy of the proposed project. The Westland development shall be responsible for paying for 50% of the cost of this new signal (about $50,000). In addition to this signalization, the south side of Los Angeles Avenue shall be improved to ultimate planned width along the project frontage. This segment shall be striped for lane markings consistent with existing traffic movements (including a westbound left tum lane). Northbound and southbound Goldman Avenue shall be striped for separate left and right turn lanes. 107. Spring Road/New Los Angeles Avenue - The City of Moorpark is currently coordinating an intersection improvement project at this location which would require right-of-way acquisition, widening to allow installation of additional northbound and southbound left turn lanes and provision of additional eastbound and westbound through lanes, (while retaining all other existing lanes). The proposed development shall be required to participate in a cost -sharing allocation for this improvement (estimated to be about $9000 or 4.5% of the total intersection reconstruction cost). r..ou 23b �. 10& Spring Road & Los Angeles Avenue High Street - No feasible mitigation is available to improve this intersection to acceptable levels of service due to the limits of existing rights -of -way and development Some improvements to LOS at this location can be achieved by restriping Spring Road to provide 1 northbound right turn lanes and a combined northbound through -left turn lane. The project's prorata share of this improvement is estimated to be about $1500 or 4% of the total improvement cost. 109. Moorpark Avenue at Los Angeles Avenue - The applicant shall contribute to funding improvements at this intersection to mitigate both project specific and cumulative effects. The intersection should be redesigned to provide a northbound left turn, through and right turn lane, two eastbound left turn and three through lanes, one left turn and three through lanes westbound, and one left turn, one through -left and one right turn lane on the southbound approach. The applicant's contribution to the improvement of this intersection is estimated to be about $15,000. 110. The applicant shall contribute to the Los Angeles Avenue Area of Contribution. The actual contribution shall be the adopted fee at the time official map approval. Air Quality Construction Emissions 111. The applicant shall assure that contractors properly maintain and operate construction equipment and use direct injection diesel engines or gasoline powered engines if feasible. 112. The applicant shall assure that contractors water exposed graded areas on a daily basis. 113. Dust generation produced during grading shall be suppressed by the following activities: a. All exposed soil areas shall be sprinkled with water at least once an hour during grading operations. b. All trucks importing fill to the site shall use tarpaulins to cover the load and shall operate between the hours of 9 a.m. to 4 p.m. on weekdays only. C. All active portions of the construction sites shall be sufficiently watered to prevent excessive generation of dust. d. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. e. All grading and excavation operations shall cease during periods of high winds. f. On -site vehicle speed shall be limited to no more than 15 miles per hour. Emissions Associated with New Residences 114. The applicant shall contribute $30,327 in air quality mitigation fees to the City of Moorpark. These funds shall be used at the City's discretion to pay for programs designed to reduce emissions in the local airshed. -65- CFlood Hazards 115. Channel bank protection along the Arroyo Simi conforming to County Flood Control District requirements shall be incorporated into the project design. The channel bank protection plan shall address (1) whether the existing toe rock must be increased if the north or south levees are raised, (2) whether there will be any change to the water surface elevation due to the additional rip -rap to the toe rock and to the top of the levees, (3) the impact of any change to the water surface elevation on the proposed Arroyo Vista Park and High School property on the south side of the Arroyo Simi shall be mitigated in accordance with FEMA and VCFCD requirements, and (4) how the shallow flooding from the property to the east of the project will be contained and conveyed to Arroyo Simi. All Flood Control District recommendations shall be incorporated into project building plans prior to issuance of grading permits and the recommended mitigation measures shall conform with City Ordinance No. 100 requirements regarding pad elevations and protection from a 100 year storm. 116. Reinforcement of the existing sewer line (in the vicinity of the proposed levee reconstruction) shall be completed to achieve compliance with County Flood Control and Engineering standards. In consultation with County Flood Control and Waterworks District 1, a final design solution for this problem shall be decided upon prior to issuance of building permits. The final design configuration shall be acceptable to the sewer line owner of record Geologic Hazards 117. The design mitigations recommended by the geotechnical consultants shall be incorporated into the project working drawings. The City Engineer shall verify that all design measures are accounted for in the building plans prior to issuance of any Building Permits for the project. Specific design measures are provided in the EIR Technical Appendix (Buena Engineers 1990. 9- 12). Public Services School Facilities 118. The new elementary school currently under construction in the project vicinity shall be completed and operating prior to release of the Certificates of Occupancy for the Westland housing project. 119. The project applicant shall pay required school fees to the Moorpark Unified School District prior to issuance of Building Permits. Long Term Water Supply 120. Low water consumption toilets, showers, faucets and exterior landscaping drip irrigation systems shall be required. 121. Kitchen cabinets shall be configured to enable installation of low water demand water conserving dishwashers and washing machines. All hot water lines shall be insulated. 122. All landscaping in private areas shall be serviced by drip irrigation systems. Turf areas shall be minimized in the landscaping design. Low water demand/drought tolerant native plants shall constitute the majority of the landscaping programs for private areas. -06- 123. Adequate room shall be planned in utility right-of-ways for installation of reclaimed water pipelines to service open space landscaped areas, streetscape landscaping, and open space residential greenbelt areas. Noise 124. A noise reduction wall shall be required along the northern perimeter of the proposed project and along other portions of the development perimeter specified by the noise consultants (e.g., along project internal circulation roads near their intersection with Los Angeles Avenue). The design of this barrier shall conform to requirements presented in the Noise Technical Report (Walker-Celano 1990) prepared for the project. The noise barrier shall be reviewed and approved by the Community Development Department prior to issuance of Zoning Clearance. 125. Interior noise reduction construction techniques shall be required for condominium units exposed to exterior noise levels in excess of 65 dB. The construction specifications computed by the noise consultant for the EIR (Walker-Celano, 1990) shall be incorporated into the project working drawings. Building permits shall not be issued until the City Building Department verifies compliance with Noise reduction specifications. 126. Design standards considered to reduce noise annoyances related to plumbing, party walls, and floor -ceiling construction in two story structures shall be incorporated into project working drawings. Specifications in the Noise report for the EIR (Walker-Celano, 1990) shall be the standards adopted for these noise reduction requirements. Building permits shall not be issued until the City Building Department verifies compliance with noise reduction specifications. Hazardous Materials 127. Prior to issuance of grading permits, the applicant shall submit a report to the Community Development Department demonstrating compliance with all remedial actions recommended in the Phase II Hazardous Materials Assessment. In addition, an environmental engineer should monitor the demolition of existing industrial facilities on the property and if significant hazardous material contamination is observed or detected, remedial actions shall be required. -67-