HomeMy WebLinkAboutAGENDA REPORT 1990 0516 CC REG ITEM 09D 0P
MOORPARK ITEM Cie B
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PAUL W. LAWRASON,Jr. o,a• _<<, STEVEN KUENY
Mayor 00;: O9 JJR?AR City Manager
�`i K. CALIFORNIA
SCOTT MONTGOMERY '`ir OW�= City Council Meeting CHERYL J. KANE
Mayor Pro Tem Arai _ City Attorney
ELOISE BROWN i�w�`� of---�� RICK RICHARDS,A.I.C.P.
Councilmember o,/ a
ACTION: :0.//� Director of
CLINT HARPER, Ph.D. oo 4. _ ommuniry Development
Councilmember "'°� ,�` _ _is / p / R. DEQ N S IT
BERNARDO M. PEREZ MEMORANDUM /fl� • N V.GILLESPIE
Councilmember .� �`q
LILLIAN KELLERMAN L.(69 Chief of Police
City Clerk RICHARD T. HARE
City Treasurer
TO: The Honorable City Council
FROM: Patrick J. Richards, Director of Community Development
DATE: May 8, 1990 (CC meeting of May 16, 1990)
SUBJECT: VESTING TENTATIVE TRACT NO. 4637
RESIDENTIAL PLANNED DEVELOPMENT NO. 89-4
ZONE CHANGE NO. 89-2
Background
The applicant is requesting approval of Vesting Tentative Map No.
4637, Residential Planned Development No. 89-4 and Zone Change No.
89-2 as follows:
Vesting Tentative Tract 4637 - 22 .02 acres, as proposed will
contain 257 residential townhouse lots. This proposal will
continue the development of Mountain Meadows (PC-3) , in the area
known as South Village. The Tract Map and accompanying Planned
Development and Zone Change represents the ultimate residential
development of South Village.
Residential PLanned Development No. 89-4 - Planned Development for
the construction of 257 townhouse units ranging in size from 1,863
to 2,551 square feet.
Zone Change No. 89-2 - A zone change from PC (Planned Community)
to the appropriate RPD designation (RPD 13.28u) .
On April 2, 1990, the above projects were heard by the Planning
Commission at a duly noticed public hearing. This matter was
continued to the Planning Commission meeting on April 17, 1990 to:
a) Allow the applicant to consider making changes to the proposed
multifamily residential development that were recommended by the
Planning Commission b) Have staff ask the City Attorney [1. if
the project could be conditioned to provide a Water Conservation
Program to establish a water plan, and 2 . whether the approval or
denial of the permit could be based upon whether this project would
overburden the water available to the City] .
799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864
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On April 16, 1990, the Planning Commission adopted Resolution No.
PC-90-211 recommending approval of the aforementioned projects
subject to modified and additional conditions of approval which
address the previously discussed Planning Commission concerns.
Additional conditions of approval include the Planning Commission
recommended changes to the RPD conditions as addressed in the staff
report dated April 5, 1990. At the duly noticed City Council
hearing held on May 2, 1990, the City continued this matter to May
16, 1990, to allow the applicant additional time to discuss
possible changes to the project with staff and ad hoc committee
consisting of Council members Perez and Montgomery.
The Planning Commission discussed Resolution No. PC-90-211 on May
7, 1990 and stated that additional language should be placed on
condition No. 29 of Vesting Tentative Tract Map No. 4637 and
condition No. 25 of RPD89-4 stating that the condition does not
apply to future homeowners. The changed language is indicated in
bold and is as follows:
The applicant shall execute a covenant running with the land
on behalf of itself and its successors, heirs, and assigns
agreeing to participate in the formation of an assessment
district or other financing technique including, but not
limited to, the payment of traffic mitigation fees, which the
City may implement or adopt, to fund public street and traffic
improvements directly or indirectly affected by the
development. Tentative mitigation fees shall be used for
projects such as, but not limited to New Los Angeles Avenue.
(This condition shall not apply to future homeowners) .
Discussion
On May 8, 1990, the ad hoc committee met with staff and the
applicant's representatives. A list of the issues discussed and
the recommended actions of the ad hoc committee are as follows:
1. Possible conversion of attic area for use as a storage
or livable area:
According to Building and Safety, in order to convert the
attic space into a livable area, the area would have to be
ventilated, any window would have to be 6 .5 feet from the
floor level, and a circular stairway occupying at least a 5
foot square area would be required to provide access.
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These modifications would require major modifications to the
first and second floors because the stairway would be placed
in the area of the bathrooms that would require the relocation
of plumbing fixtures . Thus, there would be a significant loss
of prime livable space. Urban West Communities stated that
the attic area could be used for storage and agreed to a
condition of approval requiring the attic area be converted
to use as a storage area.
RECOMMENDED ACTION
That a condition of approval be placed on the project
requiring that the attic area be converted to a storage area
by installing the following: minimum of 4 sheets of 4' by 8'by
1/2 inch plywood sheets at the access door, a light and a
folding ladder for access.
2 . Location of additional on-site recreational areas for
children.
Urban West Communities indicated that it would be difficult
to sell residential units that front a tot lot area. They
also did not want to reduce the number of residential units
in the complex as they are presently under the allowable
density for that specific plan area. UWC stated they would
consent to the imposition of a condition requiring one tot lot
in the central area of the complex and one in the master
recreational area.
RECOMMENDED ACTION
That a condition be imposed requiring the construction of two
tot lot areas, one in the master recreational area and the
second in the central area of the project.
3. Consideration towards chanaina the 5 unit complexes around
the T-intersections in the area of Recreational area Nos. 1
& 2 that presently show building types V1l thru X, with four
unit complexes:
Urban West Communities did not agree to drop units indicating
that the proposed number of dwelling units is under the number
allowed pursuant to the Specific Plan.
RECOMMENDED ACTION
That there be no reduction in the number of dwelling units to
eliminate the T-intersection concern.
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4 . Discussion of noise intrusion from the Fire Department
which is adjacent to the site:
Staff contacted Rod Megli from the Fire Department to obtain
information as to whether there are a significant number of
complaints from residents living in the vicinity of Engine
Companies, the Department's policy concerning the use of
sirens, and noise intrusion from speakers placed outside to
alert Fire Department personnel of emergency calls . Mr Megli
indicated that historically, very few complaints are received
by residents and that the alarm that is used consists of a
variable tone that's difficult to hear from the property line
of the station. According to DMV regulations, the driver of
the fire engine has the discretion to use the siren when
necessary, but typically only use the siren when necessary.
As mitigation against possible noise intrusion from the Fire
Department's operations, Urban West Communities agreed to use
double pane glass on unit Nos. 199, 200, 213 and 214 .
RECOMMENDED ACTION
That the project be conditioned to provide double pane glass
windows (with the exception of specialty stationary windows)
on units 199, 200, 213 and 214 .
5 . Consideration of additional terracing:
In January of this year the Council approved the use of the
subject property as a borrow site to complete the grading
within West Village. Urban West Communities will export
approximately 40,000 yards of dirt from the subject site.
Staff has requested the applicant to consider more of a
terraced effect inasmuch as there was to be an export from the
site. Staff suggested an B - 12 foot height variation be
considered. The applicant indicated that providing the
requested terracing would require a redesign of the entire
project that would result in a substantial loss of residential
units, that the internal looped road would become very
difficult to complete due to the elevation differentials, and
that major retaining walls would need to be built.
RECOMMENDED ACTION
The ad hoc committee indicated that the concept from an
aesthetic prospective might have been a good idea in the
beginning, but that to require a total redesign of the project
is not recommended.
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6 . Consideration of modifying the phasing plan to require
completion of the recreational areas during the first three
phases of the proiect:
The applicant indicated that building all of the three
recreational areas by the third phase of the project would
place a hardship on the residential property owners who would
be paying for the maintenance, but indicated that the master
recreational area could be completed with the approval of the
Certificate of Completion of Unit No. 121, or the first
dwelling unit receiving a Certificate of Completion within
Phase 5 .
RECOMMENDED ACTION
That the project be conditioned to complete the master
recreational area with the approval of the Certificate of
Completion of Unit No. 121, or the first dwelling unit
receiving a Certificate of Completion within Phase 5 .
7 . Relocation of the existing entrance gate at Blossomwood
Court to Ouailwood Street or some other location:
Urban West Communities evaluated three alternative access
sites other than the existing access point located at
Blossomwood Court. UWC indicated that the existing access
provides for the best land use plan, that the access would not
negatively impact property owners at the end of the cul-de-
sac as the homes on Blossomwood Court are 500 feet from the
entrance to the multifamily project and that due to the
gradient along Blossomwood Court that the road in the area of
the homes located on the cul-de-sac is approximately 10 feet
higher than the entrance to the multifamily project.
Therefore, lights from automobiles exiting the multifamily
complex would not negatively impact the homes on Blossomwood
Court.
Urban West Communities looked at three alternative access
sites to the project which was presented to the ad hoc
committee on May 8, 1990, and will be presented to the Council
meeting on May 16, 1990. The alternative sites that were
evaluated are:
Alternative 1 - Blossomwood Court (Current Plan)
Alternative 2 - An entrance located approximately 300
feet south of the intersection of Mountain Street and
Mountain Meadow Drive.
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Alternative 3 - An entrance approximately 200 feet north
of Quailwood Street.
Alternative 4 - Quailwood Street
RECOMMENDED ACTION
Although the ad hoc committee did not make a specific
recommendation as to which access should be chosen for
entrance to the multifamily site, the committee rated the
access sites from the most desirable to the least desirable
access as follows:
1. Alternative 1 (Current Plan)
2. Alternative 2
3 . Alternative 3
4 . Alternative 4
Response to Items in Urban West Cummunities Letter to Mayor
Lawrason Dated April 30, 1990
Item No. 1 - This issue relates to the payment of AOC fees for
previous PC-3 approvals have been prior to Zone Clearance rather
than prior to Final Map Approval. Staff has modified this
condition and placed it in Attachment 1 to reflect the requirement
of these fees prior to Issuance of Zoning Clearance.
Item No. 2 - This condition has been modified by the Planning
Commission so that the condition does not apply to future
homeowners.
Item No. 4 - This requested modification to condition No. 28 of the
Residential Planned Development. Staff agrees with the proposed
change with the exception of UWC's request to have landscaping
within 30 days of the last occupancy. The modified condition in
Attachment No. 1 requires the landscaping to be completed prior to
the last occupancy.
Item No. 7
a. The Ad Hoc committee has recommended that there be no
reduction in the number of dwelling units to eliminate
the T-intersection concern.
c. The Ad Hoc committee recommended that the project be
condition to complete the master recreational area by the
time of first occupancy of Phase 5 .
e. The Ad Hoc committee has recommended that a condition be
placed on the RPD requiring that two tot lots be
constructed on the project. This proposed condition has
been placed on Attachment A.
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NOTE: THE CITY COUNCIL MUST TARE ACTION ON THIS PROJECT ON MAY
16. 1990 AS THE SIX MONTH DEADLINE FOR THE CITY COUNCIL TO APPROVE
OR DENY THESE PROJECTS EXPIRES ON MAY 24, 1990.
Recommendations
1. Pursuant to the provisions of the California Environmental
Quality Act (Division 13 of the Public Resources Code of the
State of California) , determine that the environmental issues,
effects, and mitigation for the proposed project is similar
to those addressed in the EIR prepared for PC-3 and that the
cumulative impacts are adequately addressed in the EIR.
2 . That the City Council approve the attached Resolution
approving:
a. The attached Ordinance for Zone Change 89-2 based on the
findings in the Planning Commission Staff Report dated
April 2, 1990, and introduce this Ordinance for first
reading.
b. Vesting Tentative Map No. 4637 pursuant to the findings
in the Planning Commission Staff Report dated April 2,
1990 and subject to revised Conditions of Approval
pursuant to the City Council 's direction.
c. Residential Planned Development No. 89-4 pursuant to the
findings in the Planning Commission Staff Report dated
April 2, 1990 and subject to revised Conditions of
Approval pursuant to the City Council's direction.
Attachments:
1. Proposed additional conditions or modified conditions of
approval
2 . Planning Commission Resolution No. PC-90-211
3 . Draft Ordinance
4 . Draft City Council Resolution
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ATTACHMENT 1
ADDITIONAL AND REVISED PLANNING COMMISSION CONDITIONS FOR VESTING
TENTATIVE TRACT NO. 4637 - MAY 16, 1990,
COMMUNITY DEVELOPMENT DEPARTMENT
1. Prior to the approval of the Final Map, a Homeowners
Association shall be created. Copies of the bylaws,
covenants, conditions and restrictions (CC &R's) shall be
submitted to the City for review and approval. The purpose
of the Homeowners Association shall be to oversee and maintain
all recreational facilit.L.es, front yard landscaping,
landscaped common areas, interior private streets and storm
drains, and to assure architectural compatibility with any new
construction and remodeling within the project. The applicant
shall pay all costs associcited with the City Attorney and
staff's review of the CC &R': pri(-:r to the recordation of the
Final Map.
The Homeowners associatioi will be responsible for the
maintenance of Parcels designated by letter on the Vesting
Tentative Tract Map and the entry gates in a manner acceptable
to the Fire Department and i.t.y is nctineer.
CITY ENGINEER CONDITIONS
PRIOR TO APPROVAL OF THE FINAL. MAP, THE FOLLOWING CONDITION SHALL
BE SATISFIED:
2. The applicant shall execute a covenant running with the land
on behalf of itself and it:. successors, heirs, and assigns
agreeing to participate in the formation of an assessment
district or other financing technique including, but not
limited to, the payment of traffic mitigation fees, which the
City May implement or adopt, to fund public improvements
directly or indirectly affected by the development. Tentative
mitigation fees shall be used for projects such as, but not
limited to the extension oy New Leas Angeles Avenue. (This
condition shall not apply tt. futurcr homeowners).
3. The grading shall be li.mite(A to tfke project area only. If
import or export becomes necessary, any haul routes shall be
approved by the City Engineer_. All dust control measures
including, but not limited to hydroseeding shall be installed
to the City Engineer's sa.t i...fact.ior .
REVISED CITY COUNCIL CONDITION -_ MA_ Y 16, 1. 990 FOR VESTING TENTATIVE
TRACT NO. 4637.
CITY ENGINEER
PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITION
SHALL BE SATISFIED:
1. The applicant shall deposit, with the City of Moorpark a
contribution for the Spring Road /Tierra Rejada Road
Improvement Area of Contr_Lbu t.ion .
The actual deposit shall be the then current Spring
Road /Tierra Rejada Road Improvement Area of Contribution
applicable rate at the time I issuance of a Zoning Clearance
for any building permit.
ADDITIONAL AND REVISED CITY COUNCIL CONDITIONS — MAY 16 1990 FOR
RESIDENTIAL PLANNED DEVELOPMENT NO 89 -4
COMMUNITY DEVELOPMENT DEPARTMENT
PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
1. The applicant shall prior to the issuance of a Zoning
Clearance, execute a covenanT. running with the land on behalf
of itself and its successors, heirs, and assigns agreeing to
participate in the formation of an assessment district or
other financing technique including but not limited to the
payment of traffic mitigat..ion fees, which the City may
implement or adopt, to find public street and traffic
improvements directly or indirectly affected by the
development. Traffic mitigation fees shall be used for
projects such as, but not limited to, the extension of New Los
Angeles Avenue. (This condition shall not apply to future
homeowners).
2. Prior to issuance of a Zoning Clearance, the plans for RPD 89-
4 shall be revised to include the following:
a. The attic area for the multifamily residential units
shall be converted to L storage area by installing the
following: minimum of four sheets of 4' by 8' by 1/2
inch plywood sheets at the access door, a light, and a
folding ladder for acc( :s.
b. The entry gate presE�fltly located at Blossomwood Court
shall be changed or mod_ f'ied pursuant to the City Council
direction of May 16, ('0
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c. The parking area s °iai be provided with additional
landscaping (trees).
d. The addition of two tot, lots areas shall be provided
for children, one in the master recreational area, and
the second in the cen -.ra: area of the project. The
design of the tot lots are subject to approval of the
Director of Communit�r Sc rvices and Community Development.
3. Complete landscape plan:. (2 sets), together with
specifications and a maintenance program shall be prepared by
a State Licensed Landscape Architect, generally in accordance
with the Ventura County Gu.idt to Landscape Plans in compliance
with the City of Moorpark ordinance No. 74, and shall be
submitted to the Director of :ommunity Development. The final
landscape plans shall be in substantial conformance with the
conceptual landscape plan :submitted with the application,
except or unless otherwise indicated herein. The applicant
shall bear the total cost c::f the :.Landscape plan review and
final installation inspectic::in. 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 be aeposited to cover all landscape
plan check and inspection Fees. The final landscape plans
shall be approved by the D:i r-ec*:or of Community Development.
All landscaping and planting shall be accomplished and
approved by the Director c -,f s' <:,mmunity Development prior to the
last occupancy.
4. The applicant shall deposi�. with the City of Moorpark a
contribution for the Spring Road /Tierra Rejada Road
Improvement Area of Contr:ibr., t:.ion
The actual deposit shall be the then current Spring
Road /Tierra Rejada Road Improvement Area of Contribution
applicable rate at the time f issuance of a Zoning Clearance
for any building permit.
PRIOR TO OCCUPANCY, THE FOLLOWING, CONDITIONS SHALL BE SATISFIED:
1. The master recreational area shall be constructed prior to the
approval of the Certificate of Completion of Unit No. 121, or
the first dwelling unit recc wing_ a Certificate of Completion
within Phase 5..
2. Double pane windows (wit, the exception of specialty
stationary windows) shall. bE instal l-ed on units 199, 200, 213
and 214.
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RESOLUTION NO. PC-90-211
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK,
CALIFORNIA RECOMMENDING APPROVAL TO THE CITY COUNCIL RESIDENTIAL
PLANNED DEVELOPMENT PERMIT NO. 89-4, VESTING TENTATIVE TRACT MAP
NO. 4637 AND ZONE CHANGE NO. 89-2 (URBAN WEST COMMUNITIES)
WHEREAS, at a duly noticed public -hearing on April 2, 1990,
the Planning Commission considered the application filed by Urban
West Communities, requesting approval of Residential Planned
Development Permit No. RPD-89-4 for construction of 257 townhouse
units with three recreational areas, Vesting Tentative Tract Map
No. 4637 for the residential townhouse lots and common open space
areas, and Zone Change No. 89-2 to change the existing zoning from
PC (Planned Community) to RPD-13.28u (Residential Planned
Development) located south of Mountain Trail Street between
Mountain Meadow Drive and Cedar Spring Street in the City of
Moorpark. The Assessor's Parcel Number is 505-0-153-01.
WHEREAS, at its meetings of April 2 and 16, 1990, the Planning
Commission opened the public hearing, took testimony from all those
wishing to testify and closed the public hearing;
WHEREAS, the Planning Commission after review and
consideration of the information contained in the Staff Reports
dated April 2 and April 5, 1990 and the Environmental Impact Report
prepared for PC-3, and has reached a decision on this matter; and
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission recommends to the City
Council adoption the findings contained in the Planning Commission
Staff Report dated April 2, 1990 which is incorporated herein by
reference as though fully set forth.
SECTION 2. Pursuant to the provisions of the California
Environmental Quality Act (Division 13 of the Public Resources Code
of the State of California) , recommends that the City Council of
the City of Moorpark determine that the environmental issues,
effects and mitigation of the proposed project is similar to those
addressed in the EIR prepared for PC-3 and that cumulative impacts
are adequately addressed in the EIR.
ATTACHMENT 1..
AO7A)
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SECTION 3. That the Planning Commission recommends that
the City Council find that the proposed project is consistent with
the City's General Plan.
SECTION 4. That the Planning Commission recommends to the
City Council approval of the following:
a. Zone change No. 89-2 pursuant to the findings in the Staff
Report date April 2, 1990.
b. Vesting Tentative Tract Map No. 4637 pursuant to the
- findings in. the Staff Report dated April 2, 1990 with
conditions.
c. Residential Planned Development No. 89-4 pursuant to .the
findings in the Staff Reports dated April 2 and 5, 1990 with
additional conditions attached as Attachment A.
The action with the foregoing direction was approved by the
following role call vote;
AYES: Commissioners Wozniak, Lanahan, Schmidt, Scullin and
Talley;
NOES:. None;
ABSTAIN: None;
ABSENT: None
PASSED, APPROVED -AND ADOPTED THIS 16th DAY OF APRIL, 1990
Chairman presidin. :
0Q-A-- it94...4110
John Wo iak
•TTE 1 :
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D'rector f ommunity Development
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VESTING TENTATIVE TRACT MAP NO: 4637
APPLICANT: Urban West Communities
DATE: April 16, 1990
COMMUNITY DEVELOPMENT DEPARTMENT
1. The Conditions of Approval of this Vesting Tentative Map
supersede all conflicting notations, specifications,
dimensions, typical sections and, the like which may be shown
on said map.
2 . 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.
3. The developer's recordation of this map and/or commencement
of construction and/or operations as - a result of this map
shall be deemed to be acceptance of all conditions of this map
by the applicant.
4 . The development shall be subject to all applicable regulations
of the Residential Planned Development Zone.
5. No zoning clearance shall be issued for residential
construction until the final map has been recorded. Prior to
the issuance of any permit, a zoning clearance shall be
obtained from the Department of Community Development and a
building permit shall be obtained from the Department of
Building and Safety after the granting of a zoning clearance.
6. Prior to recordation, the developer .shall demonstrate by
possession of a District Release from the Calleguas Municipal
Water District and that arrangement for payment of the
Construction Charge applicable to the proposed subdivision has
been made.
7. The Vesting 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 the 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. This tentative map expires
three years after approval of the tentative map by the City
Council.
C8 . Prior to the approval of the Final Map or issuance of a
grading permit, grading plans shall be submitted to the
VESTING TENTATIVE TRACT MAP NO: 4637
APPLICANT: Urban West Communities
DATE: April 16, 1990
Director of Community Development and the City Engineer for
review to insure that such plans meet with the purpose and the
intent expressed in the Engineer's conceptual plans and/or
Vesting Tentative Map.
9 . Prior to approval of the Final Map, an unconditional
availability letter shall be obtained from the County
Waterworks District No. 1 for sewer and water service for each
lot. Such 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 water and sewer service.
10. At the time water service connection is made, cross connection
(" control devices shall be installed in a manner approved by the
County Water Works District No. 1.
11. That prior to the approval of the Final Map, agreements to
install water and sewer improvements shall be executed by the
Board of Directors of the Waterworks District as approved by
the District Engineer Manager.
12. Building Standards for residential structures as provided
under Chapter 2-53 of Part 2 and Chapter 4-10 of Part 4, of
Title 24 of the California Administrative Code, shall be
imposed' on any future residential units constructed on the
subdivision.
13. Prior to recordation, the access easements shown on the
Tentative Map shall be recorded as nonexclusive easements
insuring all property owners the right of ingress and egress
at all times.
14 . That the subdivider shall defend, indemnify and hold harmless
the City and its agents, officers and employees from any
claim, action or proceeding against the City or its agents,
officers or employees to attack, set aside, void, or annul any
approval by the City or any of its agencies, departments,
commissions, agents, officers, or employees concerning the
subdivision, which claim, action or proceeding is brought
{ within the time period provided therefor in Government Code
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VESTING TENTATIVE TRACT MAP NO: 4637
APPLICANT: Urban West Communities
DATE: April 16, 1990
Section 66499.37. The city will promptly notify the
subdivider of any such claim, action or proceeding, and, if
the City should fail to do so or should fail to cooperate
fully in the defense, the subdivider shall not thereafter be
responsible to defend, indemnify and hold harmless the City
or its agents, officers and employees pursuant to this
condition. The City may, within its unlimited discretion,
participate in the defense of any such claim, action or
proceeding if both of the following occur:
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(a) The City bears its own attorney fees and costs;- and
(b) The City defends the claim, action or proceeding in
good faith.
The subdivider shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the subdivider. The subdivider's
obligations under this condition shall apply regardless of
whether a final map or parcel map is ultimately recorded with
respect to the subdivision.
15. The Final Map shall be recorded in phases as indicated on
Exhibit No. 12 of the Planning Commission Staff Report
(Phasing Plan) . All conditions which specify performance
prior to recordation can also be satisfied prior to
recordation of each phase.
16. No zoning clearance shall be issued for RPD89-4 until all
conditions required prior to map approval are completed.
CITY ENGINEER CONDITIONS:
PRIOR TO APPROVAL OF THE FINAL MAP, THE FOLLOWING CONDITIONS SHALL
BE SATISFIED:
17 . The applicant shall submit to the City of Moorpark for review
and approval, a grading plan prepared by a Registered Civil
Engineer; shall obtain a Grading Permit; and shall post
sufficient surety guaranteeing completion.
18. The applicant shall submit to the City of Moorpark for review
and approval, a detailed Soils Report certified by a
registered professional Engineer and Certified Engineering
Geologist in the State of California. The report shall include
a geotechnical investigation with regard to liquification
expansive soils, and seismic safety. The applicant shall be
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VESTING TENTATIVE TRACT MAP NO: 4637
APPLICANT: Urban West Communities
DATE: April 16, 1990
responsible for all costs associated with the review and
approval of the Soils Report by outside consultants. The
grading plan shall incorporate the recommendations of the
approved Soils Report.
19. The applicant shall submit to the City of Moorpark for review
and approval, street improvement plans for the interior access
roads between Mountain Meadow Drive, Mountain Trail Street and
Cedar Springs Drive, prepared by a Registered Civil Engineer;
shall enter into an agreement with the City of Moorpark to
complete these improvements; and shall post sufficient surety
guaranteeing the completion of the improvements.
a. For intersection sight distance reasons, it, _ is
recommended that the project entrance on Mountain Meadow
Street ( "B" Street) be relocated from Blossomwood Court
to Quailwood Street. If the entrance is not relocated,
the landscaping plans and C.C. & R's will include
provisions to maintain the proper intersection sight
distance.
( 20. The applicant shall demonstrate for each building pad to
satisfaction of the City of Moorpark as follows:
a. Adequate protection from 100-year frequency storm;
b. Feasible access during a 10-year frequency storm.
Hydrology calculations shall be per current Ventura County
Standards.
21. The applicant shall submit to the City of Moorpark for review
and approval, drainage plans, hydrologic, and hydraulic
calculations prepared by a Registered Civil Engineer; shall
enter into an agreement with the City of Moorpark to complete
the 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 area and patterns, diversions, collection systems,
flood hazard areas, slumps and drainage courses. Hydrology
shall be per current Ventura County Standards except as
follows:
a. All sumps shall carry a 50-year frequency storm;
4
VESTING TENTATIVE TRACT MAP NO: 4637
APPLICANT: Urban West Communities
DATE: April 16, 1990
b. All catch basins in a slump condition shall be sized such
that depth of water at intake shall equal depth of
approach flows;
c . All culverts shall carry. a 100-year frequency storm;
e. drainage facilities shall be provided such that surface
are intercepted and contained prior to entering collector
or secondary roadways;
•
f. under a 10-year frequency 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.
22. The applicant shall deposit with the City of Moorpark a
contribution for the Spring Road/Tierra Rejada Road
Improvement• Area of Contribution.
The actual deposit shall be the then current Spring
Road/Tierra Rejada Road Improvement Area of Contribution
applicable rate at the time the Final Map is approved.
23. The applicant shall indicate in writing to the City of
Moorpark, the disposition of any water well(s) and any other
water that may exist within the site. If any wells are
proposed to be abandoned, or if they are abandoned and have
not been properly sealed, they must be destroyed per Ventura
County Ordinance No. 2372.
24 . The applicant shall submit to the City of Moorpark for review
and approval, evidence that the CC&R's will include provisions
for maintenance of the on-site private storm drainage system,
sidewalks, intersection sight distance, and driveways.
25. 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.
26. The applicant shall post sufficient surety guaranteeing
completion of all improvements which revert to the City (ie.
landscaping, parks, fencing, etc. ) or which require removal
(ie. model homes, temporary debris basins, etc. ) .
27. For any Final Map, or a Parcel Map (containing five a more
parcels) , or any Parcel Map whereupon dedications are required
to be offered, the applicant shall transmit by certified mail
a copy of the conditionally approved Tentative Map together
5
VESTING TENTATIVE TRACT MAP NO: 4637
APPLICANT: Urban West Communities
DATE: April 16, 1990
with a copy of Section 66436 of the State Subdivision Map Act
to each public entity or public utility that is an easement
holder of record. Written compliance shall be submitted to the
City of Moorpark.
28. If any of the improvements which the applicant is required to
construct or installed upon land in which the applicant does
not have title or interest sufficient for such purposes, the
applicant shall do all of the following at least 60 days prior
to the filing of final or parcel map for approval pursuant to
Government Code Section 66457.
a. Notify the City of Moorpark (hereinafter "City") in
writing that the applicant wishes the City to acquire an
interest in the land which is sufficient for such
purposes as provided in Government Code 66462.5;
b. Supply the City with (i) a legal description of 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 costs (including, without limitation, attorney's
fees and overhead expenses) of acquiring such an interest
in the land.
29 . The applicant shall execute a covenant running with the land
on behalf of itself and its successors, heirs, and assigns
agreeing to participate in the formation of an assessment
district 'or other financing technique including, but not
limited to, the payment of traffic mitigation fees, which the
City may implement or adopt, to fund public street and traffic
improvements directly or indirectly affected by the
development. Tentative mitigation fees shall be used for
projects such as, but not limited to New Los Angeles Avenue.
30. A meandering sidewalk on Mountain Meadow Drive, Mountain Trail
Street and Cedar Springs Street along the property frontage
as well as along the proposed fire station site shall be
6
/9
,t .
VESTING TENTATIVE TRACT MAP NO: 4637
APPLICANT: Urban West Communities
DATE: April 16, 1990
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. Sidewall crossfall shall not exceed 2%.
b. Sidewalks to be a minimum 5 feet wide at all points.
c. The meandering sidewalk shall be contained either within
street right-of-way or within an access easement offered
to the City.
• d. The applicant/homeowner's association shall agreeto
maintain the sidewalk and any related landscaping.
IN CONJUNCTION WITH APPROVAL OF THE FINAL MAP, .THE FOLLOWING
CONDITIONS SHALL BE SATISFIED: -
31. The applicant shall offer to dedicate on the Final Map to the
C . City of Moorpark access easements over all private streets
shown on the Final Map to provide access for all governmental
agencies providing the public safety, health and welfare.
32. The applicant shall dedicate on the Final Map to the City of
Moorpark the access rites adjacent to Mountain Meadow Drive,
Mountain Trail -Street and Cedar Springs Street along the
entire frontage of the parent parcel except for approved
access roads as delineated on the approved Tentative Map.
FIRE DEPARTMENT CONDITIONS:
33. Some of the access widths are measured less than 25 feet.
Prior to recordation, the tentative tract must scale out to
the proper width measurements for roads, etc.
34. That a street width of 25 feet shall be provided
35. That the applicant shall provide sufficient proof of the
ability to prevent vehicular parking in "No Parking" areas and
that enforcement can be secured in order that access by
emergency vehicles will not be obstructed.
36. That access roads shall be installed with an all weather
surface, suitable for access by fire department apparatus.
7
40170
VESTING TENTATIVE TRACT MAP NO: 4637
APPLICANT: Urban West Communities
DATE: April 16, 1990
37. That all drives shall have a minimum verticle clearance of 13-
feet, 6-inches(13'6") .
38. That the access roadway shall be extended to within 150 feet
of all portions of the exterior walls of the first story of
any building. Where the access roadway cannot be provided,
approved fire protection system or systems shall be installed
as required and acceptable to the Bureau of Fire Prevention.
39 . That approved turn around areas ,for fire apparatus shall be
provided where the access road is 150 feet or farther from the
main thoroughfare.
40. Any gates, to control vehicular 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. The method of gate control
shall be subject to review by the Bureau of Fire Prevention.
41. That prior to construction, the applicant shall submit plans
( ., to the Ventura County Bureau of Fire Prevention for the
approval of the location of the fire hydrants. Show existing
hydrants on plan within 300 feet of the development.
42. 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 1-four inch and 2-two and one half inch
outlet.
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.
VESTING TENTATIVE TRACT MAP NO: 4637
APPLICANT: Urban West Communities
DATE: April 16, 1990
43. That 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 2250
gallons per minute. The applicant shall verify that the water
purveyor can provide the required quantity at the project.
44 . The minimum individual fire hydrant flow of 1,250 gallons per
minute shall be provided at this •location.
ADDITIONAL AND REVISED PLANNING COMMISSION CONDITIONS - APRIL 16,
1990
COMMUNITY DEVELOPMENT DEPARTMENT
45. Prior to the approval of the Final Map, a Homeowners
Association shall be created. Copies of 'the bylaws, covenants,
conditions and restrictions (CC&R's) shall be submitted to the
City for review and approval. The purpose of the Homeowners'
Association shall be to oversee and maintain all recreation
yrs,• facilities, front yard landscaping, landscaped common areas,
interior private streets and storm drains, and to assure
architectural compatibility with any new construction and
remodeling within the project. The applicant shall pay all
costs associated with the City Attorney and staff's review of
the CC&R's prior to the recordation of the Final Map.
The Homeowners' Association will be responsible for the
maintenance of Parcels designated by letter on the Vesting
Tentative Tract Map and the entry gates in a manner acceptable
to the Fire Department and City Engineer.
CITY ENGINEER CONDITIONS
•
PRIOR TO APPROVAL OF THE FINAL MAP, THE FOLLOWING CONDITION SHALL
BE SATISFIED:
46. All grading shall be limited to the project area only. If
import or export becomes necessary, any haul routes shall be
approved by the City Engineer. All dust control measures
including, but not limited to hydroseeding shall be installed
to the City Engineer's satisfaction.
9
4A4;k
RESIDENTIAL PLANNED DEVELOPMENT: PERMIT NO. 89-4
APPLICANT: URBAN WEST COMMUNITIES
DATE: APRIL 16 , 1990
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS
1. The permit is granted for the construction of 257
townhouse units as shown, ori the submitted plot plans and
elevations. The location and design of all site improvements
shall be as shown the approved plot plan and elevations except or
unless indicated otherwise herein.
2 . That the permit is granted for all of the buildings, fences,
signs, roadways, parking areas, landscaping and other features
which are located substantially as shown on Exhibits 4 thru 13,
except or unless otherwise herein and subsequently submitted for
final City approval.
3. That the elevation of all buildings shall be substantially in
conformance with the elevation plans labeled Exhibit 8, except as
otherwise noted herein.
4. The final design of all buildings, communal open spaces, recreation
facilities, walls and fences, including materials and colors is
subject to the approval of the Director of Community Development
prior to the issuance of a zoning clearance.
5 . That any minor changes may be approved by the Director of Community
Development. However, any major changes will require the filing of
a modification application to be considered by the City Council.
6 . The 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 .
7 . The permittee agrees as 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 attorney's 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 the permittee of the obligations under this condition.
a3
RESIDENTIAL PLANNED DEVELOPMENT: PERMIT NO. 89-4
APPLICANT: URBAN WEST COMMUNITIES
DATE: APRIL 16, 1990
8. 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.
9. Unless the project is inaugurated (building foundation slab in
place and substantial work in progress) not later than three 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 three-year
period. The request for extension of this entitlement shall be
made 30 days prior to the three year expiration date. The use
entitlement expires three years after approval by the City Council.
10 . That all landscaping and planting in and adjacent to parking in
vehicular areas, shall be contained within raised planters
surrounded by 6" high concrete curbs.
core
11. Land uses and facilities other than specifically approved by this
Permit shall require either a minor or major modification to the
permit as determined by the Director of Community Development.
12. 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.
13. That all utilities shall be placed underground. Any above grade
utility- fixtures shall be placed adjacent to landscaped areas and
screened on three sides.
14. A sign permit is required for all onsite signs.
15. That a transfer of this RPD Permit shall not be effective until
the name and address of the transferee and the date when such
transfer shall be effective, together with a letter from the new
owner certifying agreement to comply with all conditions of the
permit is filed with and acknowledged by the Director of Community
Development.
16. That the development is subject to all applicable regulations of
the "RPD" (Residential Planned Development) Zone.
2
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RESIDENTIAL PLANNED DEVELOPMENT: PERMIT NO. 89-4
APPLICANT: URBAN WEST COMMUNITIES
DATE: APRIL 16, 1990
17 . 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. If the
project is phased, a separate Zone Clearance shall be obtained for
each phase.
18. That all residential units shall be constructed employing state of
the art energy saving devices as may be appropriate. These devices
are to include, but are not limited to the following:
a. Low flush toilets (not to exceed three and one-half gallons)
b. Shower controllers
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
to have night set back features
e. Kitchen ventilation system to have automatic dampers to
insure closure when not in use
�n�t
f. Hotwater solar panel stub-outs
19. That patio covers and accessary structures shall conform to the
"R-1" (single-family) zone setbacks. No new second story decks
shall be permitted to the original structure.
20. The gutters and downspouts shall be provided for all units.
Water shall be conveyed to the street or drives in non-corrosive
devices.
21. Landscaping shall not obstruct any exterior door or window.
22. In the event of unforeseen encounter or subsurface materials
suspected to be of an archaeological or paleontological nature,
all grading or excavation shall cease in the immediate area, and
the find left untouched until a qualified professional
archaeologist or paleontologist, whichever is appropriate, is
contacted and called in to evaluate and make recommendations as to
disposition, mitigation and/or salvage. The developer shall be
liable for costs associated with the professional investigation.
3
4R311.
RESIDENTIAL PLANNED DEVELOPMENT: PERMIT NO. 89-4
APPLICANT: URBAN WEST COMMUNITIES
DATE: APRIL 16, 1990
23. A Tree Report identifying all trees and the removal of any trees
exceeding 4 inches in diameter must be submitted to the Department
of Community Development for approval. All trees removed shall be
replaced with an amount of dollar value equivalent to each tree
removed by providing additional landscaping within the project.
24. The permittee's acceptance of this Permit and/or operations under
this permit shall be deemed to be acceptance of all this Permit.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS OF
APPROVAL SHALL BE SATISFIED
25. The applicant shall prior to the issuance of a zoning clearance
execute a covenant running with the land on behalf of itself and •
its successors, heirs and assigns agreeing to participate in the
formation of an assessment district or other financing technique
including but not limited to the payment of traffic mitigation
fees, which the City may implement or adopt, to fund public street
and traffic improvements directly or indirectly affected by the
development. Traffic mitigation fees shall be used for projects
such as, but not limited to, the extension of New Los Angeles
Avenue.
26. That the final design of all buildings, common open space,
recreational facilities, walls and fences, including materials and
colors shall be submitted to the Director of Community Development
for final review and approval.
27 . The final construction drawings shall be submitted to the
Director of Community Development for review.
28. Complete landscape plans (2 sets) , together with specifications
and a maintenance program shall be prepared by a State Licensed
Landscape Architect, generally in accordance with the Ventura
County Guide to Landscape Plans and in compliance with the City of
Moorpark Ordinance No. 74, and shall be submitted to the Director
of Community Development. The final landscape plans shall be in
substantial conformance to the conceptual landscape plan submitted
with the application, except or unless otherwise indicated herein.
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 be deposited to cover all
landscape plan check and inspection fees. The final landscape plans
shall be approved by the Director of Community Development.
4
0.747
RESIDENTIAL PLANNED DEVELOPMENT: PERMIT NO. 89-4
APPLICANT: URBAN WEST COMMUNITIES
DATE: APRIL 16, 1990
All landscaping and planting shall be accomplished and approved by
the Director of Community Development, or his designee, prior to
the approval of occupancy.
29 . Prior to the issuance of a zoning clearance, any transformer
location shall be shown on the plot plan and shall be screened with
landscaping or a wall approved by the Director of Community
Development or his designee. The location of utility meters such
as gas and electric shall be approved by the Director of Community
Development and shall be placed in an exterior closet. Gas meters
shall be painted to match the buildings.
30 Cross connection control devices shall be shown on the plot plan
and shall be screened with landscaping or a wall, as approved by
the Director of Community Development prior to issuance of a zoning
clearance.
31. Prior to the issuance of a zoning clearance, the design of all
recreational facilities shall be included as part of the final
landscape plan submittal.
32. That patio covers and accessory buildings shall be reviewed and
approved by the Homeowner's Association prior to the issuance of-
a zoning clearance.
33. The developer shall prominently display, in the sales office, a
copy of the Mountain Meadows specific plan under which this PD
Permit is granted.
34. That prior to the issuance of a zoning clearance, the applicant
shall submit plans indicating architectural treatment of all sides
of the townhouses for review and approval by the Director of
Community Development.
35 . That the location and plans, including enclosures, for postal mail
boxes shall be submitted for review and approval by the Director
of Community Development and Post Master.
36. All trash disposal dumpster areas shall be shown on the plot plan
and shall be provided in a location which will not interfere with
circulation, parking or access to any of the buildings and shall
be screened with a six foot high, solid wall enclosure with self-
closing metal gates. The final design of all trash enclosures shall
be subject to the approval of the Director of Community Development
prior to the issuance of a zoning clearance.
5
• e=1
RESIDENTIAL PLANNED DEVELOPMENT: PERMIT NO. 89-4
APPLICANT: URBAN WEST COMMUNITIES
DATE: APRIL 16, 1990
37. All exterior building materials and paint colors shall be
approved by the Director of Community Development to ensure
compatibility with adjacent developments.
38. Any solar panels for heating the swimming pools shall be located
on the recreation buildings or other buildings or structures
subject to the approval of the Director of Community Development
prior to the issuance of a zoning .clearance. Such panel shall be
designed as an intergal part of the design of the building, not
added to the exterior.
39 . All garage doors shall have automatic door openers. Parking
spaces shall be nine (9) feet in width and twenty (20) feet in
length. An additional one-half foot in width must be provided for
parking spaces located adjacent to a wall. Drive aisles between
parking spaces shall be a minimum of 25 feet in width.
40. Pullover parking (overhangs) shall be limited to 24 inches maximum.
No vehicles shall be allowed to encroach onto walkways or into the
( required landscape setbacks along public roadways .
41. 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 and the City
Police Department for review and approval. The lighting plan shall
achieve the following objectives: Avoid interference with
reasonable use of adjoining properties; minimize onsite and offsite
glare; provide adequate onsite lighting; limit electrollers height
to avoid excessive illumination and provide structures which are
compatible with the total design of the facilities.
The lighting plan 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 plan 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 foot candle illumination at the property lines.
6
— deRg
RESIDENTIAL PLANNED DEVELOPMENT: PERMIT NO. 89-4
APPLICANT: URBAN WEST COMMUNITIES
DATE: APRIL 16, 1990
d. There shall be no more than seven-to-one (7: 1) ratio of level
of illumination shown (maximum-to-minimum ratio between
lighting standards) .
e. Energy efficient lighting fixtures shall be provided which
are compatible with adjacent properties.
f. Average maximum of one foot candle illumination.
g. No light shall be emitted above the 90 degree or horizontal
plane.
h. All parking lights shall be fully hooded and backshielded to
prevent light "spillage" and glare.
42. Television cable service shall be provided 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 the residential buildings.
43. Gutters and roof drains for all buildings shall be provided
and directed to an approved drainage area.
44. No asbestos pipe or construction materials shall be used without .
prior approval of the City Council.
45. Recreational facilities in addition to the existing wading pools
shall be provided for children and shall be approved by the
Director of Community Development.
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
46. An "Unconditional Will Serve Letter" for water and sewer service
will be obtained from Ventura County Waterworks District No. 1.
47. The applicant shall pay all school assessment fees levied by the
Moorpark Unified School District.
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
48. Prior to the issuance of an Occupancy Permit, all parking areas
within the phase 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.
7
d":24;
RESIDENTIAL PLANNED DEVELOPMENT: PERMIT NO. 89-4
APPLICANT: URBAN WEST COMMUNITIES
DATE: APRIL 16, 1990
49. No use for which the permit is granted shall be commenced until a
Certificate of Occupancy within the phase has been issued by the
Building and Safety Division. In addition, no Certificate of
Occupancy may be issued until all onsite improvements within each
phase specified in this permit have been completed or the applicant
has provided some form of financial security to guarantee
completion of the improvements such as a Performance Bond. Said
onsite 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 CONDITION
SHALL BE APPLICABLE:
50. The continued maintenance of the permit area and facilities shall
( be subject to periodic inspection of 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.
51. The striping for parking spaces shall be maintained so that it
remains. clearly visible.
52 . The applicant and its successors, heirs, and assigns shall remove
any graffiti within ten (10) days from the written notification by
the City of Moorpark. All such graffiti removal shall be
accomplished to the satisfaction of the City.
CITY ENGINEER CONDITIONS
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
53. That 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.
54 . That the applicant shall construct any necessary drainage
facility, including brow ditch and slope bench drainage
channels, with a permanent earth tone color(s) so as to
minimize visual impacts. Said color(s) shall be submitted
to and approved by the Director of Community Development
as part of the grading plans .
8
340
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 89-4
APPLICANT: URBAN WEST COMMUNITIES
DATE: APRIL 17, 1990
55. An 18" slough wall shall be constructed directly behind
the back of the sidewalk where slopes over 4 ' are adjacent
to sidewalk so as to reduce debris from entering streets.
56. If any hazardous waste is encountered during the
construction of the project, all work shall be immediately
stopped and the Ventura County Environmental Health
Department, the Fire Department, the Sheriff's Department,
and the City Inspector shall be notified immediately. Work
shall not proceed until clearance has been issued by all
of these agencies.
57 . Where roads are to be built requiring 4 or more inches of
pavement, applicant shall construct the required street
section minus 1-inch cap of asphalt which shall be placed
after all necessary trenching is completed.
58. No trees with a trunk diameter in excess of 4 inches shall
C � be trimmed or removed without prior approval of the City
Council.
59. If grading is to take place during the rainy season, an
erosion control plan shall be submitted for review and
approval along with the grading plan. Along with the
erosion control measures, hydroseeding of all graded
slopes shall be required within 60 days of completion of
grading.
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITION SHALL BE SATISFIED:
60. All adjacent street tie-ins of utilities, driveways, etc.
shall be repaired in such a manner that no trench lines or
other construction indicators appear, as directed by the City
Engineer.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
61. Sufficient surety guaranteeing the public improvements for
a period of one year shall be provided.
62. Original "as built" plans on standard size sheets shall be
certified by the Civil Engineer and returned to the City
Engineer's office.
9
11341(
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 89-4
APPLICANT: URBAN WEST COMMUNITIES
DATE: APRIL 17, 1990
63 . Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
64. That prior to the issuance of a • zoning clearance, the
applicant shall submit plans to the 'Ventura County Bureau of
Fire Prevention for the approval of the location of the fire
hydrants. Show the existing hydrants on plan within 300 feet
of the development.
65. That any structure greater than 5,000 square feet in area
and/or 5 miles from a fire station shall be provided with an
automatic fire sprinkler system in accordance with Ventura
County Ordinance No. 14.
66 . The applicant shall submit two site plans to the Ventura
County Bureau of Fire Prevention for approval of the location
of fire lanes.
PRIOR TO THE ISSUANCE OF AS BUILDING PERMIT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
67. That 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 2250 gallons per minute. The applicant
shall verify that the water purveyor can provide the required
quantity at the project.
PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY:
68 . Access roads shall be a minimum 25 feet in width and shall be
installed with an all weather surface, suitable for access by
fire department apparatus.
69. Fire hydrants shall be installed and in service prior to
combustible construction and shall conform to the minimum
standards of the Moorpark Waterworks Manual.
10
34SR
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 89-4
APPLICANT: URBAN WEST COMMUNITIES
DATE: APRIL 17, 1990
a. Each hydrant shall be a 6 inch wet barrel design and shall
have 1-four inch and 2-two and one-half inch outlet.
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.
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIEb
70. That address numbers, a minimum of 4 inches high, shall be
installed prior to occupancy, shall be of contrasting color
to the background, and shall be readily visible at night.
Where structures are set back more than 150 feet from the
street, larger numbers will be required so that they are
distinguishable from the street. In the event a structure is
not visible from the street, the address number shall be
posted adjacent to the driveway entrance.
71. The applicant shall provide sufficient proof of the ability
to prevent vehicular parking in the "No Parking" areas and
that enforcement shall be secured in order that access by
emergency vehicles will not be obstructed.
72. That all access roads shall be installed with an all weather
surface, suitable for access by fire department apparatus.
73. That all drives shall have a minimum vertical clearance of 13
feet, 6 inches (13 ' 6") .
74 . That the access roadway shall be extended to within 150 feet
of all portions of the exterior walls of the first story of
the 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.
75 . That approved turn around areas for fire apparatus shall be
provided where the access road is 150 feet or farther from
the main thoroughfare.
11
33
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 89-4
APPLICANT: URBAN WEST COMMUNITIES
DATE: APRIL 17, 1990
76 . Any gates, to control vehicular access, are to be located to
allow a vehicle waiting for entrance to be completely of the
public roadway. If applicable, it is recommended that the
gate(s) swing in both directions. " The method of gate control
shall be subject to the review of the Bureau of Fire
Prevention. The Fire Department shall have access to the
residential complex through the gates.
77 . That the minimum individual hydrant flow of 1,250 gallons per
minute shall be provided at this location. •
78. That an approved spark arrester shall be installed on the
chimney of any structure (Uniform Fire Code-Article 11-Section'
11. 111) . Approval of the spark arrestors shall also be made
by the City of Moorpark Building Offical.
79 . That a plan shall be submitted to the Ventura County Bureau
of Fire Prevention for review indicating the method in which
buildings are to be identified.
•
80. That portions of this development may be in a high fire hazard
area and those structures shall meet building "code
requirements.
81. That building plans of public assembly areas which have an
occupancy load of- 50 or more, shall be submitted to the
Ventura County Bureau of Fire Prevention for review.
VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS
GENERAL REQUIREMENTS:
82 . The applicant for service shall comply with the Ventura County
Waterworks District No. 1 "Rules and Regulations" including
all provisions of or relating to the existing industrial waste
discharge requirements and subsequent additions or revisions
thereto.
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITION
SHALL BE SATISFIED:
83 . The developer shall be required to enter into an agreement to
install all necessary water and sewer improvements, pay all
applicable fees and comply with the District's Rules and
Regulations.
12
t•
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 89-4
APPLICANT: URBAN WEST COMMUNITIES
DATE: APRIL 17, 1990
MOORPARK POLICE DEPARTMENT CONDITIONS
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL COMPLY:
84 . Either a licensed security guard is required during the
construction phase, or a 6-foot high chain link fence shall
be erected around the construction site.
85. Construction equipment, tools, etc. ,'shall be properly secured
during non-working hours.
86 . All appliances (microwave ovens, dishwashers, trash
compactors, etc. ) shall be properly secured during the non-
working hours. All serial numbers shall be recorded for
identification purposes.
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
87. Lighting devices located on poles shall be high enough to
eliminate anyone on the ground from tampering with them. All
parking areas shall be provided with a lighting system capable
of illuminating the parking surface and shall be designed to
minimize the spillage of light onto adjacent properties . All
exterior lighting devices shall be protected by weather and
breakage-resistant covers.
88. Landscaping shall not obstruct any exterior door or window.
89 . 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.
90 . Landscaping(trees) shall not be placed under any overhead
lighting which could cause a loss of light at ground level.
91. Addresses shall be clearly visible to approaching emergency
vehicles and mounted against a contrasting color.
92 . Address numbers shall be a minimum of 4 inches in height and
illuminated during the hours of darkness .
13
• 35.
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 89-4
APPLICANT: URBAN WEST COMMUNITIES
DATE: APRIL 17, 1990
93. All exterior doors shall be constructed of solid wood core a
minimum of one and three quarter inches thick or of metal
construction. Front glass door(s) commonly used for entry are
acceptable but should be visible to the street.
94. 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.
95. All residential sliding glass doots or windows shall be
equipped with metal guide tracts at the top and bottom and be
constructed so that the window cannot be lifted from the tract
when in the closed position.
96 . There shall not be any easy exterior access to the roof area,
ie. , ladders, trees, high walls, etc.
97. Upon occupancy by the owner or proprietor, each single unity
in a tract under the same general plan, shall have locks using
combinations which are interchange free from locks used in all
other separate dwellings, proprietorships, or similar distinct
occupancies.
98. All garages must be totally enclosed
ADDITIONAL AND REVISED PLANNING COMMISSION CONDITIONS - APRIL 16,
1990
PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING
CONDITION SHALL BE SATISFIED:
99 . Prior to issuance of a Zoning Clearance, the plans for RPD
8.9-4 shall be revised to include the following:
a. The five unit complexes around the T-intersections in
the area of Recreational Area Nos. 1 & 2 that presently
show building types V11 thru X, shall be replaced with
four unit residential structures and aligned in such a
manner as to provide additional recreational space.
b. The entry gate shall be changed so as to be aligned
with the intersection rather than with the cul-de-sac.
14
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 89-4
APPLICANT: URBAN WEST COMMUNITIES
DATE: APRIL 17, 1990
c. The phasing plan shall be changed so as to complete
the recreational areas in the first three phases of the
project.
d. The parking area shall be provided with additional
landscaping (trees) .
e. Additional facilities such as tot lots shall be
provided for children in the areas of Recreational Areas
1 and 2, or other locations within the project.
PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITION SHALL BE HET:
100. Prior to construction, the construction plans shall
incorporate double walls (with air space between the •
walls) . The double walls shall be constructed on all
common walls adjacent to other residential units.
Planning Commission revisions of May 7, 1990
RPD -
25 . The applicant shall execute a covenant running with the land
on behalf of itself and its successors , heirs , and assigns
agreeing to participate in the formation of an assessment district
or other financing technique including, but not limited to,
the payment of traffic mitigation fees , which the City may :,
implement or adopt, to fund public improvements directly or
indirectly affeced by the development. Tentative mitigation
fees shall be used for projects such as , but not limited to
the extension of New Los Angeles Avenue. (This condition shall
not apply to future homeowners) .
VTT -
29 . The applicant shall execute a covenant running with the land
on behalf of itself and its successors , heirs , and assigns
agreeing to participate in the formation of an assessment district
or other financing technique including, but not limited to,
the payment of traffic mitigation fees , which the City may
implement or adopt, to fund public improvements directly or
indirectly affeced by the development. Tentative mitigation
fees shall be used for projects such as, but not limited to
the extension of New Los Angeles Avenue. (This condition shall
not apply to future homeowners) .
37
ORDINANCE NO
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONE
CHANGE NO. 89 -2 ON APPLICATION 0,: URBAN WEST COMMUNITIES.
Whereas, an application was reCE ved fr:)m Urban West Communities
for the Zone Change No. 89 -2 mac} rezone a 22.02 acre parcel from
"PC" (Planned Community) to the RPD 13.28U" (Residential Planned
Development 13.28 Units to the At -e ) zor e .
WHEREAS, the Planning Commission f the City of Moorpark considered
said proposed zone change at a iuly notified public hearing on
April 9, 1990, and after careful, c snsideration recommended approval
thereof;
WHEREAS, public notice having been given in time, form and manner
as prescribed by law, the City Council of the City of Moorpark has
held a public hearing, has .received testimony regarding said
proposed zone change, has duly considered the proposed project, and
has reached it's decision; and
WHEREAS, the City Council after careful review and consideration,
has determined that for the zone change, the environmental effects
discussed in the EIR prepared fo Planned Community No. 3 and the
environmental effects of the iDroposed projects is similar enough
to warrant the same treatment .in the original EIR for the Planned
Community, and has certified t.ha the Planned Community No. 3 EIR
adequately covers the impacts of these projects; and pursuant to
Section 15162 of the State CEQA, Guidelines, this body has reviewed
and considered the information c(.ntained. therein and has endorsed
the reasons which have been giver, in thE.� staff report on file for
allowing the occurrence of` ignifi( ant cumulative impacts
identified in the EIR that wa: earl.7er prepared for Planned
Community No. 3;
NOW, THEREFORE, THE CITY COUN +;.IL 0E THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLL01,-,S:
SECTION 1. That the official Zc�iing Map of the City of Moorpark
is hereby amended by changing the zone and zone boundary shown upon
a portion of said Zoning Map so that such portion of said Zoning
Map shall be as shown on EXHIBI`I`' attached hereto and made a part
hereof.
SECTION 2. That the zone change hereby approved, based upon the
following findings:.
1. That the proposed zone .i_� in iconformance with the Land Use
Element of the General Plaii
ATTACHM.EN� 3
2. That the public necess.Lty, convenience, general welfare,
and good zoning practice requires that the property be
reclassified.
3. That this ordinance E-rial.._ t,ke effect 30 days after
passage and adoption.
SECTION 4. That the City Clerk :.hall certify to the passage and
adoption of this ordinance of said ;ity; shall enter the same in
the book of original ordinances cf said City; shall make a minute
of the passage and adoption thereof in the records of the
proceedings of the City Council at which the same is passed and
adopted; and shall, within fift:eeri (15) days after the passage and
adoption thereof, cause the same t.o be published in a newspaper of
general circulation, as defined in Section 6008 of the Government
Code, for the City of Moorpark, and which is hereby designated for
that purpose.
PASSED AND ADOPTED this day of May, 1990.
ATTEST:
City Cler
Mayor of the City of Moorpark,
Ca.l it ornia
i
0
City of
Moorpark
no
ORDINANCE NO.
Remised Zoning t rom PC to RPID 13.28u
for APN 505 -0 - -111i -01
(Applicant: 4est Communities)
ty p��1
EXHIBIT 'A"
�V
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA APPROVING RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 89-
4, VESTING TENTATIVE TRACT MAP NO. 4637 AND ZONE CHANGE NO. 89 -2
(URBAN WEST '' "OMMUNITIES)
WHEREAS, at a duly noticed ppublic hearing on May 2, 1990 and
May 16, 1990, the City Council considered the application filed by
Urban West Communities, requesting approval of Residential Planned
Development Permit No. RPD -89 -4 for construction of 257 townhouse
units with three recreational areas, Vesting Tentative Tract Map
No. 4637 for the residential townhouse lots and common open space
areas, and Zone Change No. 89 -2 to change the existing zoning from
PC (Planned Community) to RI>D- 13.28u (Residential Planned
Development) located south of Mountain Trail Street between
Mountain Meadow Drive and Cedar Spring Street in the City of
Moorpark. The Assessor's Parcel dumber.. is 505 -0- 153 -01.
WHEREAS, at its meetings c: May 2 and 16, 1990, the City
Council opened the public hearing, took testimony from all those
wishing to testify and closed t.hf public- hearing;
WHEREAS, the City Council alter_ review and consideration of
the information contained in the Staff Reports dated April 2, 5,
17, and May 8, 1990, and the Envii- onmental Impact Report prepared
for PC -3, has reached a decision )n this matter; and
WHEREAS, the City Council re,; - :_ewed and considered the findings
for the aforementioned permits i the 131anning Commission staff
report dated April 2, 1990.
NOW, THEREFORE, THE CITY C-)UNCI.L )F THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLUWS:
SECTION 1. The City Coun;.il adopted the findings contained
in the Planning Commission Staff Report dated April 2, 1990 which
is incorporated herein by refer -( e as though fully set forth.
SECTION 2. Pursuant t.o ,_he provisions of the California
Environmental Quality Act (Divisi in 13 of the Public Resources Code
of the State of California), the 'ity Council determined that the
environmental issues, effects ;rid mitigation of the proposed
project is similar to those addr(.,ssed in the EIR prepared for PC-
3 and that cumulative impacts an,; idequately addressed in the EIR.
Attachmeir 4
4-f/
SECTION 3. That the City Council finds the proposed
project is consistent with the C`t--y "s General Plan.
SECTION 4. That the Cit,, Council approves the following:
a. Zone change No. 89 -2 pur,, giant to the findings in the Staff
Report date April 2, 1990.
b. Vesting Tentative Tr.ac -L Map No. 4637 pursuant to the
findings in the Staff Report dated April 2, 1990 with
conditions as modified by the City Council as shown on
Attachment 1.
C. Residential Planned Development. No. 89 -4 pursuant to the
findings in the Staff Reports dated April 2, 1990 with
conditions as modified on At , --achmerMt 1.
The action with the forego-inc direction was approved by the
following role call vote;
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, APPROVED AND ADOPTEI: THIS 36th DAY OF MAY, 1990
Chairman presiding:
Pau] Lawrason, Mayor
ATTEST:
City Clerk