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
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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.
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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.
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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.
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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
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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
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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)
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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
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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.
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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
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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.
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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.
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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:
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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
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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.
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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.
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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.
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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.
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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,
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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.
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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
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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,
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.).
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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.
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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.
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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.
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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).
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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.
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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.
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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).
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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.
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Recommended Conditions of Approval
Residential Planned Development Permit No. 90-4
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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.
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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
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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).
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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).
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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.
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Recommended Conditions of Approval
Tentative Tract No. 4738
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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.
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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.
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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.
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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).
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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(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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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).
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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-
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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
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/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
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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.
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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.
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- 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.
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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.
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_ 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.
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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.
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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.).
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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.
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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.
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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.
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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.
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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.
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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.
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.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).
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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.
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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.
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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
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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�. 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.
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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.
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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.
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