Loading...
HomeMy WebLinkAboutAGENDA REPORT 1990 1219 CC REG ITEM 09A • MOORPARK ITEM. p1 • CORPARK, CALIFORNIA BERNARDO M. PEREZ STEVEN KUENY P� � _ Mayor o° °o city Co I City Manager SCOTT MONTGOMERY F /` , of ' 199QC ERYLJ. KANE Mayor Pro Tem10445g4City Attorney ELOISE BROWN = 4 A ION: /�L�4r.. SCK RICHARD ,A.I C.P. Councilmember o9n -/� ; �Q- 7a m m y ev nt CLINT HARPER, Ph.D. �i�0 � DENNIS DELZEIT Councilmember �J� � City Engineer PAUL W. LAWRASON,Jr. JOHN V. GILLESPIE Councilmember LILLIAN KELLERMAN G'ic��/a. /35 Chief of Police City ClerkelICHARD T. HARE MEMORANDUMQ Ce yri City Treasurer � '/Lugg 1i TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: December 12, 1990 (City Council meeting of 12/19/90) 111 SUBJECT: CPD90-2, LDM90-2, MAJOR MODIFICATION NO. 3 TO PLANNED COMMUNITY NO. 3 AND ZONE CHANGE NO. 90-3 Background On December 5, 1990, the City Council approved the above stated projects and directed staff to prepare a resolution approving the projects and an ordinance for the zone change. The City Council appointed an Ad Hoc meeting consisting of Council members Montgomery and Wozniak to discuss the issue of providing additional landscaping along the street frontages of Tierra Rejada Road and Mountain Trail Street adjacent to the proposed shopping Center. piscussion On December 11 , 1990 the Ad Hoc Committee met with Tom Zanic from Urban West Communities to discuss the landscaping issue. Although several alternatives were discussed, no agreement was made for resolution of the issue. Recommendations 1. Determine the appropriate amount of landscaping along Tierra Rejada Road and Mountain Trail Street and any necessary related modifications. 2. Approve the attached resolution approving CPD90-2. LDM90-2 and Major Modification No. 3 to Planned Community No. 3 . 3. Approve the attached Ordinance for Zone Change No. 90-3 and introduce the Ordinance for 1st reading. Attachments: 1. Resolution of Approval with revised conditions 2 . Ordinance approving Zone Change 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 Urban West Communities 520 Broadway, Suite 100 Santa Monica , California 90401 , ( 213 ) 394-3379 FAX COVER SHEET TO: IPAWL PO AWL-- FAX NUMBER: #d r� / + 8 Z? 0 FROM: 77)/1 Z,fvl -- FAX NUMBER: (213) 394-6$72 TELEPHONE NUMBER: (213) 394-3379 THIS FAX CONSISTS OF " PAGES INCLUDING THIS COVER SHEET. IF THERE ARE ANY PROBLEMS WITH RECEIPT OF THIS FAX PLEASE CONTACT SENDER. C9410114- Mrae7//J . PL•per6 Msf o N Pi Ceu �� .r... 4 Urban West Communities 5 2.0 Bro adway, Su f . 100 ant� Monica, �. c:�r��.1 9O�.,01 ( 213 ) - . December 19, 1990 Mr. Paul Lawrason, Mayor Moorpark City Hall 799 Moorpark Avenue Moorpark, CA 93021 Re: CPD 90-2, LDM 90-2, Zone Change 90-3, and PC-3 Major Mod. No. 3 (December 19, 1990 Agenda) Dear Mayor Lawrason: Since the last Council meeting on this project, we have met with a subcommittee of Council and have reviewed the staff report and the final conditons. In response to the landscape setback concerns raised by the Council and discussed by the subcommittee, we have prepared a revised site plan dated December 17, 1990. That revised site plan represents the most serious response we can make to the landscape concerns: I) It increases the Tierra Rejada Road landscape setback to 30' from property line, which is at curb, and solves a parking stall length concern. 2) The revised site plan also notes that in the area east of Building G a 30' landscape setback from property line will be provided as LD Condition 1/19 regarding sight distance is complied with. 3) In the area on Mountain Trail Street across from the fire station, the edge of Building A will be set back an additional 6', and 4' going into increased landscaping along with two new landscape areas. The revised site plan brings the average landscape setback from property Iine to 35'. We believe that the revisions proposed adequately address the issues raised by the Council. Request: Modify CPD condition 48.c. as follows: "The landscaping along Tierra Rejada Road and Mountain Trail Street shall be increased as per the revised Site Plan 12/17/90." • Paul Lawrason December 19, 1990 Page 2 Two items were changed in the final conditions which need clarification. First, regarding tIze center driveway and median break on Tierra Rejada Road, new language states that the City may remove or modify the driveway or median break at its sole determination at any time (CPI) condition 42 and LD condition 21). We would like to request clarification of the language. Second, regarding the perimeter landscape maintenance, since there is already a mechanism for maintenance of the landscaping within the the public right of way (Mountain Meadows homeowners association, followed by a proposed assessment district) it is duplicatory to require that the applicant is responsible for that maintenance. Request: Modify CPD condition 59.a. and LID conditions 31.4 and 39 to clarify that the applicant is responsible for maintenance of landscape setbacks "except" within the public right of way. Thank you for your consideration. Sincerely, Tom Zanic TZ:srm cc: Members of the City Council Steve Kueny, City Manager Cheryl Kane, City Attorney Patrick Richards, Director of Community Development Paul Porter, Senior Planner John Knipe, City Engineer Pat Dobbins, Assistant City Engineer BERNARDO M.PEREZ Mayor SCOTT MONTGOMERY Mayor Pro Tern ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember PAUL W. LAWRASON, Jr. Councilmember LILLIAN KELLERMAN City Clerk 1'YI��f3R9'r�iR�i6 iTE- Yip`+. ��. MEMORANDUM TO: The Honorable City (I ouncil STEVEN KUE ^jY City Manacer CHERYL J. City Atlomav PATRICK RICHARDS. A.l � ?. Director ct Community Deveiccme, R. DENNIS DEL<EIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer FROM: Patrick J. Richards, Director of Community Development DATE: December 12, 1990 (c`ity Council meeting of 12/19/90) i SUBJECT: CPD90 -2, LDM90 -2, MAJOR MODIFICATION NO. TO COMMUNITY NO. 3 AND `,ONE CHANGE NO_ 90 -3 3 PLANNED Back round On December 5, 1990, the City Counci L projects and directed staff to approved projects and an ordinance for prepare a resolution approving stated appointed an ' -he zone change. The PPt owing the appointed Montgomery Ad Hoc meeting consisting of Council Council y and Wozniak to discuss the issue of members landscaping along the street fronta es providing Mountain Trail Street adjacent -0 1 g additional 9 of Tierra Rejada Road and he proposed Discussion shopping Center. On December 11, 1990 the Ad Hoc Co Urban West Communities to mmittee met with Tom several alternatives discus:; the landscaping Zanic from resolution of the issueere disc,SSE.d p g issue. Although �o agreement was made for Recommendations 1• Determine the a proprlat Rejada Road and amount of landscaping alon related et and Mountain frail Street g Tierra modifications. any necessary -- ---,_ 2 • _Approv_ e -the attached reso I ut . on - Major_ Modification No, nne(I Comm unity o LDM90 -2 and 3 to Planned Community No. 3• 3 • Approve the attached Ordinance for Zone introduce the Ordinance f,Dr Change No. 90 -3 and -St r,:,_Jding. Attachments: 1• Resolution of Appr.o�,,i1 wiLh revised Ordinance a pi - conditions t. - -- .. ?cne C`�ange -f 99 %Ic)orpark Avenue _ - -- -- - -- -- - -___ 'NoprpL„ -k alitornia 9"021 - - (805).529 -6864 RESC TUT!-ON NO. A RESOLUTION OF THE CITY :'OUNCIL OF THE CITY OF MOORP CALIFORNIA APPROVING LAND DIVE- 2 NO . 3 TO PLANNED COMMUNITY CN NC . LCM- 9 0 - 2 F IC NO. CPD -90 -2 ,1C A:'VD ('JMiERCIAL MAJOR MODIFICATION NI�Y CANNED DEVELOPz�ENT WHEREAS, at a duly 1990, the City Council considered edh�ublic hearing West Communities requesting pplication filed b tuber 5, questin a 9 aP�roval of; Y Urban a• Major Modification N,), Community 3 (PC -3) to allow the designated Commercial Focus area to include approximate) land uses instead of approximately 11 acres of Of Neighborhood Comme rcia.l uses and ximatel Use. Y 7.5 acres acres of Community b• CPD -90 -2 for a Neighborhood Shopping a 45,000 sq. ft. market, Center consisting of ft. medical office t 60,400 q. . retail, 5,000 sq. for a and 12,000 sq. ft, of restaurant uses total of 122,40,) Sq. `t. C. LDM 90 -2 (Vesting Tentative Ma a 11.77 acre parcel a ;d 1i p} a subdivision to create 69 acre remainder WF-iEREAS Parcel. Council opened the at its meetl.ng of Jece those wishing Public hear.: der 5, 1990, the City to testify ng' and took testimony from all y and then closed the public hearing; and Of the WHEREAS, the City Coun,_:il after report dated information contained i" the r review and consideration dated November 5, 1990 and the Planning Commission staff Mitigation tuber 26, 1990, the M_ftigatectCity Council Staff Report matter; Monitoring Program } .s r-ea, hedga is Negative and on this CALIFORNIA DOES THEREFORE HE RESOLVE ' THE CIT'f COUNC" ,.L AS FOLLC, S : r OF THE CITY OF MOORPARK contained SECTION 1, in the Planning he Cit ' council 1990 pertaining COmmiss -Dn adopts the findings g to each ntStlementPort dated November 5, conditions of a theses attachments approval _zor DN;O_, as well as those A and B, azd aPProue; and CPD90 -2 as stated - - -- th fcr.l.lowing. a' Major Modification N + >. b. CPD -90 -2 for a 122,400 Neighborh ;od CoJ,p; ng Center consisting of sq. ft. c•' LD - "r go-? (Vesting Ter;t,3 ti >P 11a;: } Calif orniaSECTION 2. Pursuant: Environmental the provisions Resources Code of the Quality Act of the 21000 State , (Division 13 of the Public }), the City Council detef - alifornia){beginnin Secti declaration prepared rmfines that the MitigatedtNegation accordance with `Or these projects has aforementioned CEQA and projects been prepared i.. is Program and Findinogs. and approvos adequate Mitigating for the Monitor�;;g SECTION 3. That Projects are consistent with, the City Council t -rte t::itY,s General finds that the 1990. PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF NOVEMBER, Paul W. La wrason City of Moorpark' Jr. ATTEST: Lillian E. Kellr e man City Clerk Attachments: Attachment A " Attachment �O'dltions of Approval B - Conditions of Approval for CPD -90 -2 for LDM -90 -2 COMMERCIAL PUNNED DEVELOPMENT PERMIT NO. 90-2 APPLICANT• URBAN WEST COMMUNITIES DATE: December 19, 1990 DEPARTMENT OF COMMUNITY DEVELO_:?AiEN`I"__'. �NMITIONS GENERAL REQUIREMENTS: 1. The permit is granted for -he :Land and project as shown on the submitted plot plans ar.d elevations and other exhibits displayed at the Planning Commission hearing of November 5, 1990. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein. 2. The development in con unction with the companion Land Division Map is subject t.:) all applicable regulations of the C -P -D Zone ( unless otherwise as approved by the City Council) , and all agencies of the State, Ventura County, the City of Moorpark and any other, gcvernmental entities. 3. That unless the project _s inaugurated (building foundation slab in place and substan± tal work in progress) not later than one year after this permit is granted, this permit shall automatically expire cn t -iat date. The Director of Community Development may, at h.i, discretion, grant up to one(1) additional year extensio,i for project inauguration if there have been no changes i_n 'she adjacent areas and if applicant can document that I F has diligently worked towards inauguration of the pr iec' curing the initial one year period. 4. All facilities and uses other than those specifically requested in the app]ication are prohibited unless a modification application has h en approved by the City of Moorpark. 5. The design, maintenance, and operation of the permit area and facilities thereon shill comply with all applicable requirements and enactments of: Federal, State, County, and City authorities, and a l Such requirements and enactments shall, by reference, _sec con 1it.ions of this permit. 6. No conditions of this ntitlement shall. be interpreted as -- permitt ng or- requiring sny violation of law or any unlawful rules or regulations c_ >rd,2rs 3f an authorized governmental ac =y. In instances ,wh( 5-e Pore t:ian one set cf rules apply, the stricter ones shall ak- p_-ecc�dence. AT ICHEliENT /A COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2 APPLICANT: URBAN WEST COMMUNITIES DATE: December 19, 1990 7. If any of the conditions or Limitations of this permit are held to be invalid, that r.olding shall not invalidate any of the remaining conditions r .imitations set forth. 8. The permittee agrees as C, condition of issuance and use of this permit to defend, at �Iis sole expense, any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the 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 permittee of his obligation under this conlit:ion 9. A sign permit is required for all on -site signs to be approved by the Director of Community Development. No signs will be allowed at the entryways to the shopping center. 10. Prior to the submission of construction plan for plan check or initiation of any construction activity, a zoning clearance shall be obtained from t`3e Community Development Department unless the applicant teas signed a hold harmless letter with the City. 11. Prior to initial tenant occupancy and any subsequent change in tenant occupancy, the owner of the subject building, or the owner's representative shill apply for a Zoning Clearance from the Community Development Department. 12. The Director of Community Development, or his designee, shall have the authority to conditionally approve or deny a zoning clearance request for tenant occupancy consistent with Article 45 of the Zoning Code. The cost of the zoning clearance shall be borne by the applican' fc,r tenant occupancy. 13. If in the future, arty us( or uses are contemplated on the site differing from that speci ied in the zoning clearance approved for the occupancy, �it!er the permittee, owner, or each prospective tenant shill file a project description prior to the initiation oL the ise. A. review by the Director. of Community Development wi.l oe conducted to determine if the proposed use is compatik e with the C -P -D Zone and the terms anu conditions of this permit.. Said review will be conducted at no charge and an apps:.val letter sent, unless a -minor or major modi_ic:�tion to th, Plann,:,d Development is required, in which ease all applic3l']. `oet ind procedures shall apply. COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. COMMUNITIES APPLICANT: URBAN DATE: December 19, 1990 14. The permittee's acceptance of thi:3 permit and /or commencement of construction and/ or op,�rar_ions under this permit shall be 'deemed to be acceptance o' all, c: ^nditions of this permit. 15. This permit shall expire i the use for which it is granted is discontinued for a period of 180 consecutive days or more. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 16. 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. 17. The final construction working drawings shall be submitted to the Director of community Development for review to insure compliance with the City Council's approved plans and exhibits. The elevations located adjacent to residential properties shall be modified to provide additional architectural treatment so as to be more consistent with the front elevations and more pleasing to future residents. In addition, the parking area and entry on Tierra Rejada Road shall be modified to provide direct route for vehicles from the entrance to the main retail building, pursuant to the City Council's direction of December 5, 1990. The modification to the parking area shall be subject to the review and approval of the Director of Community Development. 18. Complete landscape �lars (2- sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura Guide to Landscape Plans and in compliance with the City of Moorpz.,rk Ordinance No. 74, and shall be submitted to and appro ° ,ied by the Director of Community Development. The fir al. landscape plans shall be in substantial conformance with the conceptual landscape plan submitted with the appli,aton. The applicant shall bear the total cost of the landscape plan review and final installation inspection.. The lanc'.sc-, ~)inX and planting plan sub ' litted for review and approval sh,11 be accompanied by a eposit as _ specified by the City )t Moorpark. Additionai funds_ may - subsequently need to be :eposit��d to cover all landscape plan check and inspection : e k 1 landscaping and planting shall b,- accomplished and apx rev ­J ^ I . the Director of Cc,nmunity Development, or his d 31c —nee prior to the approval of - -- - - occ.:pancv. The pro ec ­,n <` "ape puns st:311 include the following:, COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2 URBAN WEST COMMUNITIES APPLICANT• view of any exterior door or window from December 19, 1990 DATE: Landscaping (trees) shall not be placed directly under loss light a. A 30 percent shade coverage shall be provided within all the a of parking spaces. Shade coverage is described as maximum mid -day shaded area defined by a selected be provided (with concurrence with specimen tree at 510 1­ maturity. b. Any turf plantings associated with this project shall be and Mountain drought tolerant, low water using variety. c. Landscaping at sitEr entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestriai. d. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. e. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. f. Landscaping (trees) shall not be placed directly under loss light any overhead light -i.rr which could cause a of at ground level. Earthen berms shall be provided (with concurrence with g, the Director of Community- Development) to screen views of parked vehicles from Tierra Rejada Road and Mountain Trail Street. h. Landscaping shall be used t;: screen views of any backflow preventers. 19. Roof design and construction -shall include a minimum 18 -inch extension of the parapet wall above the highest point of the roof. 20. All roof mounted equipment. (vents, stacks, blowers, air - conditioning equipment, etc.) that may extend above any parapet wall shall be enclosed on all four sides by view obscuring material, the height of which shall not be less than the - equipment. Prior to the issuance -of a zoning clearance, the final design and - aterial.s for the roof screen- and location of any roof moue '�,ed equipment must be approved by the Director of Community : °e 'eiopment. COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90-2 APPLICANT: URBAN WEST CO14MUNITIES DATE: December 19, 1990 21. All trash disposal areas stall be provided in a location whic'^ will not interfere with ci-culatiDn, parking or access to the building, and shall be s, reeneo Faith a six : oot high aal enclosure with metal gates. The final design of the gash enclosure shall be subject to the issuance of a zoning c- learance. Trash areas and recycling bins shall be depicted on the construction plans, the size of which shall be approved by the Director of Community Development and the city Employee responsible for recycling /solid waste management programs. 22. Pullover parking (overhangs) shall be limited to 24 inch maximum. No vehicles shall be allowed to encroach onto walkways or into the r- quir.ed landscaped setbacks along roadways. 23. A 45 -foot turning radius ;hail be provided for loading zones consistent with the AASHO WB -50 design vehicle. Prior to issuance of a zoning clearance, the applicant shall provide a site plan which ident fies Ill loading truck turning movements. 24. All property line walls s� all be no further than one inch from the property line. 25. The building shall be constructed using energy saving devices. These shall include those devices required by the California Administrative Code, T:it'� 24,. 26. For all exterior lightiino, 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 oi.jectives: Avoid interferences with reasonable use of adjoin.inq properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height tc avei.d excessive illumination; and provide structures which ire compatible with the total design of the proposed facility Pie following may be adjssted as a result -of the 1 ight i.zic x71 ztb review b,117 the Director of Community Develop.ent The lighting plan sha. -i. nclu�le the following: COMMERCIAL COMM90 -2 PLANNED DEVELOPMENT PERMIT NO. APPLICANT: December 19, 1990 DATE: without pr;-or a. A photometric plan showing a point -by -Point foot candle (20) feet outside the City layout to extend a minimum of twenty lines, :) plan to be based on a ten ( 10 ) the property ", gout foot grid center. b. Maximum overall height: of fixtures shall be twenty (20) the licthtinc[ feet, as long as all other parameters of approved by the Director of plan reauirements are met and Community Development. b. Maximum overall heigh' of fixtures shall be fourteen. (14) feet. C. Fixtures must possess sharp cut -off qualities with a illumination at property maximum of one - half *Dot candle lines. d. There shall be no more than a seven -to -one (7:1) ratio of ratio level of illumination shown (maximum -to- minimum between lighting 3tarldards`. Energy efficient li hting fixtures shall be provided e. which are compatible with adjacent properties. f. Average maximum cf c ^e- alf foot candle illumination. g, No light shall be emitted above the 90 degree or horizontal plane. Ughting detail requirements may be adjusted with the arproval of the Director of Community Development. The lighting plan and lighting fixtures shall be shown to the Planning Commission for approval. 27. A utility room with comm(:;n access to house all meters and the roof access ladder shal be provided. No exterior access ladder of any kind shall be permitted. 28. No downspouts shall be permitted on the exterior of the building unless oth -T-W sa approved by the Dir ctor of Community Development.. -- 29. X11 -exterior buildin�a raterials and paint colors shall be approved by the Direct:.), of Community Development to ensure cor..patibility__witn ad jac -ant development. t0. No_- asbestc, pipe or - istruct ion materials shall be used without pr;-or approval the City Council. COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2 APPLICANT• URBAN WEST COMMUNITIES December 19, 1990 DATE: 31. All utilities are required to be underground to the nearest off -site utility pole except= --:,rough transmission lines. Prior to the issuance of i zoning clearance, the applicant shall submit a plan for rev Lew and approval to the Director of Community Development which identifies how compliance with the undergrounding requirement will be met. 32. If skylights are proposed, the specific type and model must be approved by the Director f Community Development m minimize to evening that they shall be of an opaque typ e illumination as viewed frrm the exterior. 33. The applicant shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area for the portion of the buildings sited on the approximate four (4) acre property redesignated from Community Focus Area to Neighborhood Commercial by Major Modification No. 3. The funds shall be used to support the City's current and future park system. 34. The applicant shall contr Bute tk:a the City of Moorpark's Art in Public Places Fund, sir amount of $10 per each 100 square feet of building area. 35. To encourage employees to use alternative means of transportation to reduce automobile trips, common area bicycle storage facilities such :3s bicycle racks shall be provided. Proposed bicycle storage areas for the commercial shopping center shall be reviewer and approved by the Director of Community Development pric:7r tc the issuance of a zoning clearance. 36. Prior to the issuance of a zoning clearance to tenant occupancy, the proposed u;e shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the proposal will c3mp:.y with all applicable State and local regulations relates tc storage, handling, and disposal of potentially hazardous materials, and that any required permits have been ebta;neci. If required by t.le County Enviror.mentaL Health [)iv son, the applicant shall prepare a hazardous waste m:nimiza' :_or; pl in. 37. All roof mounted equiF_iert and (,-,ther noise generation sources on -site iLhal -be attenua* °d c) 57 dBA at -c!,e property line, or to the ambient noise 1 1 -it `h prcn�erty line measured at _the time cf `'ne c -:cup 3,rr' PERMIT 140. 90 -2 COMMERCIAL PLANNED DE VELOPME "3 URBAN WEST COMMUNITIES APPLICANT: December 19, 1990 DATE: Prior to the issuance ,L Zone Clearance for initial occupancy or any subsequent occupancy, zhe Director of Community Development may request that a noise study to submitted for review and approval. which demonstrates that all on -site noise generation sources would be mitigated to the required level. The nose study must be prepared by a licensed acoustical engi-lieer ir7 accordance with accepted engineering standards. 38. Prior to the issuance )f a zoning clearance, a Surety Performance Bond in the amount of $10,000 shall be filed and accepted by the Director of Community Development. The Director of Community Development, ma,,,, through a public hearing to be heard before the City COunC l recommend that any or all of the funds in the Performance Bond be forfeited for noncompliance of the Conditions of Approval or for some other just cause. This condition shall automatically be superseded a related for resolution t lementr approvals adopted by the condition co mpliance co Council. 39. The applicant, permittee; or successors in interest, shall submit to the Department of Community Development a fee to cover costs incurred ty `vhf City for Condition Compliance review. PRIOR TO THE ISSUANCE OF BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 40. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from the Ventura County Waterworks District No. 1. 41. The applicant shall pay ill school assessment fees levied by the Moorpark Unified s >ch aoL District. 42. If any archaeological or excavation operations, preservation of the si qualified archaeologi l t and - - shal -1 obtain the written concurrence of resuming development. listorical finds are uncovered during the permittee shall assure the te; shall obtain the services of a o recommend disposition of :he site; Iirect.c,r of Community Development's r 14. -s :, commended disposition before COMMERCIAL PLANNED DEVELOPMF.Nn APPLICANT: DATE: a. The midblock driveway on Mountain Trail Street and school will be allowed. PERMIT NO. 90 -2 URBAN WEST COMMUNITIES December 19, 1990 Tierra Rejada Road between the entrance to the high The necessary striping transitions for the dual left turn at Tierra Rejada Road - Mountain Trail Street intersection shall occur to the west of the median break. The median curbs on Tierra Road will be re- located as required. Deceleration and acceleration lanes shall be provided for the main driveway on Tierra Rejada Road as shown on the tentative parcel map. This condition in no way limits the City's authority to remove or modify this midblock driveway or median break at is sole determination at any time. A conceptual street improvement /striping transition plan for Tierra Rejada Road shall be submitted to the City Engineer for review prior to commencing final design. PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 43. All parking areas shall )e surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel bl<;cks , curbs, or posts in parking areas adjacent to landscaped areas. 44. All landscaping and plant ing shall be installed and inspected, except that in the area of future buildings not under co-astruction that turf ;+nd irrigation must be installed. 45. No use for which this } ermit is granted shall be commenced 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 perm.' have been corpleted or the applicant has provided a Faithf u l ler: crrlance Bond. Said on -site improverient _s shal, be completed within 120 days of issuance of he Ce ti.ficate of Occupancy. In case of ---failure--to comply wit .:n tErm .:,r provision of this agreement, the City Council r z.,/ b,,, resolution declare the surety f . rfeited. Upon comp e io'n oi' the required improvements to the satisfaction of t" . ert :c: cF Cormunity Development, the _surety may he �xonE>ri _y i :rr zjction of the Director of Community Development -.. COMMERCIAL PLANNED DEVELOPMEN' PERMIT NO. 90 -2 APPLICANT: URBAN WEST COMMUNITIES DATE: December 1.9, 1990 46. At the time water service connection is made for each project, cross connection control devices shall be installed for the water system in accord.:nce with the requirements of the Ventura County Environme ,,ta.'_ Health Department. 47. The applicant shall deposit with the City of Moorpark $190,197 to a Transportation System Management Fund (TSM) as a mitigation measure tofu:lly mitigate the significant impact to fund TSM programs or clean -fuel vehicles programs as determined by the City aqd to meet the Mitigation Monitoring Program. 48. The plans shall be mod.ii -ed to include the following: a. The tower sign shall be eliminated; b. The compact parkins, spaces shall be redesigned to be 9' wide by 20'long; C. The landscaping al>nq Tierra Rejada Road and Mountain Trail Street shall be increased to provide a minimum of 30 feet of landscapinc: buffer from the property line to the parking areFa ; d. The elevations sha,.l be modified to provide additional architectural treatments to the rear of the retail buildings adjacer,. to the existing and proposed residential uses. "he additional architectural features shall be approvedi by the Director of Community Development and ire to include treatments such as florets, false hal�onies, windows, tc.; e. Maximum height of fixtures shall be twenty (20) feet, as long as all other- parameters _of the lighting plan requirements are met and approved by the Director of Community Developme-nt.. f. All landscaping and irrigation shall be installed by the - -- applicant and - approved by the City within the - roadway median along .Mountain Trail Street at the intersection of Tierra - Rejada Road prior to first occupancy. A water and electric service shall be- either provided by separate meter or-, at City'; approval, interconnected to the easterly park site All costs related to an inter- - - -- connc ^_t ,tility connection to the park shall be the responsibility af :he appliicant. - COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2 APPLICANT: URBAN WEST COMMUNITIES DATE: December 19, 1990 AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE APPLICABLI? 49. No later than ten (10) divs after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Director of Community Development the name(s) an -1 address(es) of the new owner(s), lessee(s) or operator(s) tc_gether with a letter from any such person(s) acknowledging Sarni agreeing with all conditions of this permit. 50. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for a zoning clearance from the Community Development Department. The purpose of the zoning clearance shall be to determine if the proposed uses(s) are compatible with the zor-inc and terms and conditions of the permit. 51. Prior to occupancy by any tenant or subsequent owner whose business would employ cr c,ispose of hazardous materials, a Minor Modification approva shall be required. 52. The continued maintenance If '.he permit area and facilities shall be subject to perios;ic inspection by the City. The permittee shall be requires; to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within five (5) days after "Otifi.,_ation. 53. The striping for parking spaces and loading bays shall be maintained so that it rema.: -is ::le;irly visible. 54. No outside storage of any atEria.:s or overnight parking of any semi - trucks or trucx t -a i iers, beyond the loading zones shall be permitted. 55. No repair or maintenance of rucks or any other vehicle shall occur outside of the induct i,a_. bui_l.ainq. 56. Loading and unloading ope-at-on_, shall not be conducted between -the hour_; of 10:1)or -.1, anc 6'00a.m. 57. No nokious odors shall be generated from any use on the subject site. COMMERCIAL PLANNED DEVELOPMENT APPLICANT: PERMIT NO. 90 -2 DATE: URBAN WEST COMMUNITIES December 19, 1990 58. All uses and activities: snala be conducted inside the buildings unless otherwi: ;e authorized by the Director of Community Development wi-.h a Temporary Use Pernit. All promotional and temporary activities conducted outside requires a Temporary Use Termit. 59. A 48 inch high cart containing wall shall be provided for the outside storage of shopping carts. The construction materials and wall design is subject to review and approval of the Director of Community Development.. Plaster or stucco type finish shall not be permitted. 59a. All landscaped setbacks and public right -of -way adjacent to Tierra Rejada Road and Mountain Trail Street shall be maintained by the applicant to the satisfication of the City. The total cost of maintenance shall be borne by the applicant. Prior to recordation of Vesting Tentative Map 90-2► the subject area noted above shall be denoted on the final map as the easement, To the City for the purpose identified above. CITY ENGINEER CONDITION PRIOR TO ISSUANCE OF ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 60. 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, All necessary material required by FEMA for map revision shall be City Engineer's office. provided to the new 10, 50, 100 and 500 year flood plainwlocationssfollowing development. This informat -on will be forwarded by the Citg Engineer to the FEMA for review and updating of the National Flood Insurance Program Map A conditional letter of ma revision (if required b shall be provided to the .y applicant will be responsii c.` -. Y FEMA) - prior to zone clearance. The _:le for all costs charged by the FEMA and the Citv's admirli �* rati.,,,e costs. 1 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 90 -2 APPLICANT: DATE: URBAN WEST COMMUNITIES December 19, 1990 DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL COMPLY: 61. That prior to any work being conducted within the State or City right -of -way, the app...icant shall obtain an Encroachment Permit from the appropriate agency. 62. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmertal 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 )y all of these agencies. 63. No trees with a trunk diameter in excess of four inches shall be trimmed or removed without prior approval of the City Council. 64. If necessary, the appl-ica;it shall obtain a Ventura County Flood Control District Wat�,rcaurs« Encroachment Permit. 65. Where roads requiring 4 or more inches of pavement are to be built, the applicant shall construct the required street section minus 1 -inch of pa%ing as an interim condition until all utility cuts or trenching are Completed. The final 1 -inch cap of asphalt shall. be pl,.ced after all necessary trenching is completed. 66. The applicant shall construct all necessary drainage facilities, including brow ditch and slope bench drainage channels, with a permanent pyarth tone color so as to minimize visual impacts. Said color _3ha ll k)e submitted to and approved by the Director of Community, Develcoment and the City Engineer as part of the grading pl�11 PRIOR TO OCCUPANCY, THE FOLLOWING; CONDITIONS SHALL BE SATISFIED: 67. If the land is in a special flood hazard area, the applicant shall notify all potnnti,31 uyer 7f this condition. 68.__ Construction of the second westbound left turn lane at the intersection of Tierra Re7aai Road - Mountain Trail Street and associated traffic signa' m,difi.(-�ation by the applicant must b,_� completed and fully or)er- ticnal- prior to any occupancy of this project. COMMERCIAL PLANNED DEVELOPMEN" APPLICANT: PERMIT NO. 90 -2 DATE: URBAN WEST COMMUNITIES December.19, 1990 69. The traffic signal at tE- intersection of Tierra Rejada Road and Mountain Trail 3tr��et shall be constructed by the applicant and shall be operational prior to any occupancy of this project. Signal design and construction costs shall be reimbursed u to the amount ovided for b the Tierra Re 'ada Spring Road area of Contribution. The traffic signal at the intersection of Tierra Rejada Road and Brookwood Drive shall be constructed by the applicant and shall be operational prior to the occupany of this Si nal desi and constructio costs shall be reimbu sed uctto the amp rovided for b the Tierra Reiada-'SAring Road area Qf Contribution The traffic signal at the intersection of Tierra Rejada Road and Arroyo Vista Park access road (Countrywood Drive) shall be constructed by the applicant and shall be operational prior to the initial use of Arroyo Vista Park as determined with the City or upon determination by the City Enqineer when the signal meets warrants, whichever first occurs_ Sim design and construction costs shall be reimbursed up to the amount -provided for by _._t he Tierra Re�ada /Spring Road of Contribution. a. Any costs to redesign the three subject traffic signals after approval of this CPD shall be at the applicants sole expense and not f�ligible for AOC reimbursement. 70. An 18" slough wall shall :e constructed directly behind the back of the sidewalk wher(a slopes over 4' are adjacent to sidewalk so as to reduce dE bri s f r.-om entering streets. PRIOR TO THE ACCEPTANCE OF PUBLIC EXONERATION E V D BOND FOLLOWING CONDITIONS SHALL B SATISFIED: 71. Sufficient surety guaran-teELng the public improvements shall be provided. The surety shill remain in place for one year following acceptance by th C:._ty .our�cil, unless previously exonerated by the Citv COu -i i . 72. Original - - "as- built" -plans wi :1 oe certified by the applicant's __civil engineer anu submittei with the Cit two sets of blue prints to y Engineer's office. A.lthou gh been submitted for checking end construction onpsheetsalarger have than 22 ".X 3611, they must is resubmitted as "As -Buis J ,, in a series of 22" X 3611 mylar-., -.ade "-.th proper overlaps) with a -- -titlo bloc : c-: eac:l sheet . required before ltlr� �- on of "As-Built" plans are e a - ns ec t �. ,.:7r will be scheduled. COMMERCIAL PLANNED DEVELOPMEN, APPLICANT: PERMIT NO. 90 -2 DATE: URBAN WEST COMMUNITIES December 19, 1990 73. Reproducible centerline ti Sheet.; shall be submitted to t:e City Engineer's office. 74. The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of the expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. MOORPARK POLICE DEPART.MENT CONDITIONS PRIOR TO THE ISSUANCE OF A )CCUPANCy PERMIT, THE FOLLOWING CONDITIONS SHALL BE MET: 75. Lighting devices shall be high enough so as to eliminate anyone on the ground from tampering with them. All parking areas shall be provided w,th a lighting system capable of illuminating the parking surface with a minimum of one -half foot candle of light and sriall be designed to minimize the spillage of light onto acjacent properties. All exterior lighting devices shall be resistant covers. 1,°-ote a ctei by weather and breakae- 76. Landscaping shall not cover and,, ex�:erior door or window 77. Landscaping at entrances /ex.ts or at any intersection. within the parking lot shall not bl , ack or ::screen the view of a seated driver from another moving ehicle or pedestrian. 78. Landscaping (trees) shall. 1 -)t be placed directly uer any overhead lighting which cou i c aus(3 a loss of light at ground level. 79. All entrance /exit driveways ;hall ;�e a minimum of 30 feet in width. 80. All exterior doors shall be ,onstructed of solid wood core, a minimum of 1 and three quarters inc":es thick, or of metal construction. Front glass doors commonly used for entry are acceptable but should be �:i bl.? to the street. 81. Doors utilizing a cylinder l:ck C intumbler operation Lr;:._ locking Have a minimum five p on with luc"k' ng bar or bolt extending into the receiving guide ,1 rr ni;lum )f 1 -inch deadbolt. 82. There shall not be an ea,-;, f _i.e. ladder,-. �, any h -� j ;ter- Yr ) -'cess to the roof area, tr, _ _s g t 1. COMMERCIAL PLANNED DEVELOPMIENJ' APPLICANT: PERMIT NO. 90 -2 DATE: URBAN WEST COMMUNITIES December 19, 1990 83. If an alarm system is used, it shali he wired to all exterior doors and windows and to a:v roof vents or other roof openings where access nay be made. 84. Address shall be clearly visible to a ng vehicles and mounted again be a min t a contrasting r m color The numbers imum of 6 inches in height and illuminated during the hours of darkn «.ss. 85. Front door entrances shall be visible from the street. 86. Directory boards indicatins_, locations of the various buildings and individual units shall be displayed at each entrance to the complex and lighted di ring the hours of darkness. The Director boards ma be placed on the buildincis as directed by the Director of Communit .Development DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY: 87. A licensed security guard is recommended during construction phase, or a 6- -oot hic ;h chain link fence shall the be erected around the construction site. 88. Construction equipment, t:oc s, etC , shall be properly secured during non - working hourE. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITION SHALL BE SATISFIED: 89. Upon occupancy by the owner Dr proprietor, each single unit in the industrial development, constructed under the same general plan, shall have locks using combinations which are interchange free from lo( Ks used in all proprietorships or similar- <.i other separate st.inct occupancies.. COUNTY OF VENTIMA ENVIRONMENTAL jiEALTH - [IEPARTMENT CONDITIONS PRIOR TO OCCUPANCY, THE FOLLOWIN,: CONDITIONS SHALL BE MET: 90. Tenants that produce hazard)us wastes shall obtain a permit fromst a he t: Ventura County Env rormenal Health Depart.;ient. '" 9 handling and d : sp :)sa_� materials from of potentially hazardous fu-�ure tenaiis shall be in compiiance with - applic a able State and loc ;, r. 53) . aulat = ns (Refer to Condition ,yo, L COMMERCIAL PLANNED DEVELOPMENT APPLICANT: PERMIT NO. 90 -2 DATE: URBAN WEST COMMUNITIES December 19, 1990 VENTURA COM -Pry FIRE DEPART*4TEdT_ CCNDLT'O'IS PRIOR TO CONSTRUCTION, THE FOIJx,:,WING CONDITIONS SHALL BE SATISFIED: 91. That a access way minimum 4idth cl: 7.5 -feet shall be provided. 92. That prior to constructioi, the applicant shall submit two site plans to the Ventura C'.Dunty Bureau of Fire Prevention for approval of the location a. fire lanes. The fire lanes shall be posted in accordance wi'h California Vehicle Code, Section 22500.1 and Article 10 o the :niform Fire Code prior to Occupancy. 93. That access roads shall i,e installed with an all weather surface, suitable for ar_ce�,s l)y f gyre department apparatus. 94. That the access roadway shall be extended to within 150 feet of all portions of the ext,�rior walls any building. of the first story of Where the access roadway cannot be provided, approved protection system or systems shall be installed as required and acceptable to the BurQ,:d of Fire Prevention. 95. That address numbers, a m, Iimum of 6 inches high, installed prior to occupanc} , shall be of contrasting color tbo the background. Where structures are setback more than 250 feet from the street, larger numbers will be required so that they are distinguishable f;-om the street. structure s) is not visible from the street, the event a number(s) shall be posted ai-jacent to the driveway the address entrance. 96. That prior to construction, the applicant shall submit plans to the Ventura County Bur.ea� of F.ir-e Prevention for approval Of the location of fire hydrants. Show existing hydrants on a site plan, within 300 fee, Of the development. 97. That fire hydrants shall oe nst- combustible construction ani �-.h alled and in service prior to standards of the Moorpark Nc' er 1 ksc"Manoual to the minimum - a- Each hydrant shat_, be (> nch wet barrel design ar.d shall-- have two .� i cr: and two 2 1/2 inch outlet (s ) b. -- Tha required fire 10w h ,t . than 2. -1 be achieved at no less - _- - ] psi res idt 1. p; ,�- str.�e. COMMERCIAL PLANNED DEVELOPMENT APPLICANT: PERMIT NO. 90 -2 DATE: URBAN WEST COI- iMUNITIES December 19, 1990 C. Fire hydrants sh <ill be spaced 300 feet on center, and so located t hat nc structure will be fart ter than 150 feet f r( m E;n yl , ,ne hvdrant . d. Fire hydrants shiili be recessed in from curb face 24 inches at cent. -r. 98. That the minimum fire flow required is determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the I.S.O. for-.jetermining for-.determining Re uired Fire Flow. Given the present plans and informal. ion, the required fire flow is approximately 3,000 gallons per minute. The applicant shall verify that the water purvev;)r can °provide the required volume at the project. 99. That if any building(s) are to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Ventura County Bureau of Fire Prevention for review. 100. Than any structure(s) great +,r than 5,000 square feet in area and /or 5 miles from a fire tation shall be provided with an automatic fire sprinkler s',stem it accordance with Ventura County Ordinance #14. 101. That building plans of all A.E,I, & H occupancies shall be submitted to the Ventura "ouZty Bureau of Fire Prevention for plan check. 102. That fire extinguishers shalt. be installed in accordance with National Fire Protection A,;soc,.iation, Pamphlet #10. The placement of extinguishers shal'.1. be reviewed by the Fire Prevention Bureau. 103. That plans for the - installation of extinguishing system (such as automatic fire submitted to the Ventura ou,ty Bureau of Fire Preventionlfor plan check. 104. That -a certification -shall be submitted to th Bureau of Fire Prevention bar a er that appurtenances si qualified engineer that the fire safety properties and and a tuated thereon meet cri �.eria of recommended Na e Ventura County specialise cr the facilities the prescribed COMMERCIAL PLANNED DEVELOPM�:PJ APPLICANT: PERMIT NO. 90 -2 DATE: URBAN WEST COMMUNITIES December 19, 1990 105. That all grass or brush exposing any structures shall be cleared for a distance of 00 feet: prior to framing, according to the Ventura County Weed Al)atement Ordinance. 106. That trash containers with an individual capacity of 1.5 cubic yards or greater, shall not be stored within 5 feet of openings, combustible wails, combustible roof eave lines, unless protected by app - -oved automatic fire sprinklers. (Uniform Fire Code, Articj 1a LAND DIVISION APPLICANT: DATE: MOORPARK NO: c , Urban West Communities E ember 1_91 1990 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS GENERAL REQUIREMENTS 1. The conditions of approval c)f this Tentative Parcel Map supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map; and that all F]rovisions of the Subdivision Map Act, City of Moorpark Ord_:nan.ce and apply, adopted City policies 2. Recordation of this subdivision shall be deemed to be acceptance by the property owner. of the Map. conditions of this 3 • All applicable requirements )f any Law or agency of the State, City of Moorpark an any ot�ier governmental entity shall be met, and all such requirements and enactments shall, by reference, become condition: of t'h.:s entitlement. 4. That no condition of this en%itiement 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 "iore than one set of rules apply, the stricter ones shall take precedence. 5. That if any of the conditions or limitations of subdivision are held to be invalid, that holding shalltnot invalidate the remaining cone it_.ions or limitations set forth. 6• The development shall be sub- }ct. tc) =:11 applicable regulations Of the C -P -D zone. 7. No zone clearance shall be issued for construction of any building until the final map gas been recorded. PriJr to the issuance-of any permit, a zoning clearance shall be obtained from the Departmen- of Commulity Development and a Building -Permit-shall be obtained t ro; the ^(.purtment Of Safety after the granting ::)f zoni;:g clearance. Building and AT :3 LAND DIVISION MOORPARK NO: 0 -2 APPLICANT: rban. WE�st Communities DATE: -ember_ 19, 1990 8. Prior to approval of 1 Fi:zal ?ia P e demonstrate by possesso of a District Release- from ti in the Calleguas Municipal Water Dist ict that arrangements for payment of the ConstructiOl Charge applicable to the proposed subdivision have been made 9. The Tentative Parcel Map :hall expire three years from the date of its approval. F'aiure to record a final map with the Ventura County Recorder pr or to expiration of the Tentative Map shall terminate all proceedings, and any subdivision of the land shall require t.h�� filing and processing of a new Tentative Map. 10. Prior to approval of Final ',lap, an unconditional availability letter shall be obtained from the County Waterworks District No. 1 for sewer and water serva -ce for the proposed commercial parcel. 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 execute a Subdivision Sewer Agreement in�a the form vsatipsfactory shall to the City. Said agreement ;hall unconditional guarantee f'o. Permit deferral of issuance of a building perm- J sewer and water service until Said agreement shall include Or language in the subdivision. harmless against damages in the evcng og theoultimate dthe City f adequate sewer service. 11. Prior to recordation a i .0 �..rt i underground . i tI,., lines shall be placed 12. At the time water service connection is made control devices shall be in.;tallec on the waters systemcinoa manner approved by the County Waterworks District No. 1. 13. As of the date of recordation, of firial parcel ma depicted thereon shall meet the r(-. P� the parcels ordinance and General Plan a Cpl icab qe Lto the ° of the zoning time of approval of the c�:; ,il property at the with this condition shall L,c rc,cIu_LT� ntative Map. Compliance General Plan and 7pecific ',:n d even if the zoning and —th.e -dg the tentative in ^ffect as of Conditional a r entative n�,a conditionally approvea. t, PP oval of the nt t_ve map shall neither limit power of tr..� legislat...G bo,,v to jmend the applicable zoning ordinances and /cr legislative �- ' -n' r j Q >lan nor compel the - odd' to make ,:ry i.c } LITier. iments . LAND DIVISION MOORPARK NO: APPLICANT: is ban West Communities DATE: I .'ember 19, 1990 14. That the subdivider shall :eiend, indemnify and hold harmless the City and its agents, officc_:rs and employees from anv claim, action or proceeding against the City or its agents, Officers or employees to at -acts, scat aside, void, or annul any approval by the City or :.ny of its agencies, departments, commissions, agents, officers, �z- employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The city ti4ill promptly notify the subdivider of any such claim, action or proceeding, and, if the city should fail to CID 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 emlloyees pursuant to this condition. The city may, within its un'imited discretion, participate in the defense of any such c71 a m, act :: on or proceeding if both of the following occur:. The city bears its own att:rney [(yes and costs; The city defends the c1ci act; -on or proceeding in good faith. The subdivider shall not h, required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by ,_.he subdivider. The subdivider's obligations under this con'lit_ ion shall apply regardless of whether a final map or parci1 map is ultimately recorded with respect to the subdivision 15. The applicant shall pay ai-� school assessment fees levied by the Moorpark Unified SchoolD:istri.:t. CITY ENGINEER DEPARTMENT CONDITIONS PRIOR TO APPROVAL ON FINAL MAPS_ 71-1E FOLr,OWING CONDITIONS SHALL BE SATISFIED: 16. The applicant shall submit the City of Moorpark for review and approval, a grading pl,I prepared by a Registered Civil Engineer ;_._ shall obtain a trading Permit; and shall post sufficient surety guarantee -inch completion. Cut and fill -s hpes -shall be no steeper 'han 2 :, (horizontal:vertical). An erosion control plan shd,ll be submitted for review and approval along_wiL-h the grad ng plan. Alcnq with the e_osicn control measures, hydros(_edng of ll (Traded slopes shall required "- _ th i n 60 days c be haulroutes shall be apps,, cc,mF.et: ion of grading. All by t:hCity Engineer. LAND DIVISION MOORPARK NO: ';a -2 APPLICANT: 1: ~ban West Communities DATE: F :em per 19 , 1990 20. The proposed L02 inch storm drain and associated easement shall be located on the property line between the commercia driveway and future multi-_ ulti family development. The 102 incl: storm drain shall be located within a 40 foot easement with the centerline of the 102 itch storm drain located 4 feet east of the property line. 21. The midblock driveway on Z'j.erra Rejada Road between Mountain Trail Street and the entrance to the high school will be allowed. btt�- -e-- edi•efl- --- {�or- e-- we±�r+c3crrtd-- �e € --rr peeked- �- sl�e��- net- �e- e�fecaee�- The necessary striping transitions for the dual left turn at Tierra Rejada Road - Mountain Trail Street intersection shall occur to the west of the median break. The median curbs on Tierra Rejada Road will be relocated as required. Deceleration and acceleration lanes shall be provided for the main driveway on Tierra Rejada Road as shown on the tentative parcel map. This condition in no way limits the City's authority to remove or modify this midblock driveway or median break at it's sole determination at any time. A conceptual street improvement /striping transition plan for Tierra Rejada Road shall be Submitted to the City Engineer for review prior to commencing `_inal. <Jesign. 22. The applicant shall demonstrate for each building pad to the satisfaction of the City «1- Moorpark as follows: a. Adequate protection frcrn <a 1.o () -year frequency storm; b. Feasible access durincx l)- .year frequency storm. 23. The applicant shall submit ro the "ity of Moorpark for review and approval, drainage pans, hydrologic and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into an agreement wit: the City of Moorpark to complete the improvement anti shalt pr_st sufficient surety guaranteeing the construction of the impxDvements. The drainage plans and calculations shall in,lic_rt - flowing conditio.;s before and -after development; Quantities of water, water low rites, major water courses, drainage areas and patterns diver-,ions, collection systems, flc od hazard areas, sumps _,rd dra roar -e courses. Nyurology shall be [,ter the current 'c t -a ounty Standards except as €ollcws: LAND DIVISION MOORPARK NO: ?0 -2 APPLICANT: DATE: roan West Communities -)cembet 19, 1990 a- all catch basins in ,uMP ic.:ations shall carry a 50 -year frequency - storm; b. all catch - hesins on contini.ous grade shall carry a 10- year storm; C. all catch basins -n sump condition shall be sized such that depth of water It intake shall equal the depth of the approach flows; d- all culverts shahi c,;rry a 00 -year frequency storm; e- drainage facilities ,,hall be provided such that surface flows are intercepte3 and contained prior to entering collector or secondary roadways; f. all collector streets shall be provided with a minimum of one travel lane for I 10 -year storm, with a goal that local, residential streets sha'1 have one travel lane available where post 1,, g- Drainage to adjacent parcels shall not be increased or concentrated by this ::evelopment• All drainage measures necessary to mitigate 't0.7m w iter flows shall be provided by the applicant. 24. The applicant shall demons -rate legal access for each parcel to the satisfaction of the ^ity Engineer. 25- The applicant shall contribution for depost.t with the City of Moorpark a Improvement Area of Contribution, Road /Tierra Rejada Road the then current Spring The actual deposit shall be Area of Contribution a g Rcrd / -pier ,� e at the time of final map r-a Rejada Road Improvement approval. pp1:i c ,b t. 26. The applicant shall indicite in writing of Moorpark, the disposition cr ,-:any water well s) the City other water that iaay exist w_itl ir. the site. and any other Proposed to be abandoned � If any wells are not -bectj properly se fled ,r t .(" i f t. ey are abandoneu and have County ordinance .10- �3; • MUSS- ire destroyed per Ventura LAND DIVISION MOORPARK N0: APPLICANT: 0 ~'" DATE: rban W "=;t Communities cember 1.9, 1990 27. The applicant shall executo a coijenant running with the land on the behalf of itself an(: its successors, heirs, and assigns agreeing to participate .;n 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 puic traffic improvements directly or �i.ndirect y affectede by the and development . 28. If any of the improvements which the applicant is required to construct or install is tt; be constructed or installed upon land in which the applicant does not.have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of the final or parcel. map for Approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter ,Cityov) in writing that the appii::ant wishes the City to acquire an interest in the land which is sufficient for the purposes as provided in Governrental. Code Section 66462.5. b. Supply the City with (i) a legal description interest to be acqu of the irl?d, (i. -i ) 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 a report prepared by ar. appraiser a PPraisal which expresses an opir ion as to the pp it market value itv interest to be acquired, and (iv) a current Litigation Guarantee F,, port c • Enter into an agreement with the City, guaranteed by cash deposits or other security as the City may require, pursuant to which the app Licant will pay all City's cost (including without of the Of attorney's fees and overhead exper es ,` acquiring such an interest in the land. 29. The applicant shall pay �,;_ c�nerqy costs associ -ted with street sighting for a peril_i Ot rune year from the _ energizinq of the street 1i:;ts initial 30. The applicant shall post �;uffic ent curet cc- pleticn of all improvemwlnt; :; Which revert guaranteeing landsca in he City p g, park:, encir._;, Ctc. ) or which require -- remO': a � mcdel home;; t" "IPoj. I,._y debris basins? etc.). LAND DIVISION MOORPARK NO: APPLICANT: DATE: 90-2 'Jrx)an ',Vest Communities DCE'mber,. 19, _990 31. A meadering sidewalk al:n the Property constructed, with the . -E�.ig � ro er�y frontage shall be the city En �: +' dE -sign and location approved by Y gineer and Di. ,_c ,,or ;,f Community Development. Thy following criteria for t: des ;.-m of the meandering sidewalk shall be met: 1. Crossfall shall not exceed two percent. 2• Sidewalks shall be a minimum 5 feet wide at all points. 3. The meandering sidewalk shall be contained either within public right -of -way :- w.ith..n an easement offered to the City. 4. Th/o n. -1 ....__- - _ �•• w1Li1171 t.`ie 1iblic ri ht -o alone Tierra Reiada j2oad. IN CONJUNCTION WITH FINAL MAP \FpROV;?L, THE FOLLOWING C SHALL BE SATISFIED: ONDITIONS 32. The applicant shall offer *. o dedicate on the parcel map access easements to the City of shown Moorpark over all on the parcel map to �)rovide access for ail lgovernmental agencies providing public 7afety, health and welfare. 33. The applicant shall dedica?. e on the parcel map to the City of Moorpark the access rights adjacent. to Tierra Rejada Road and Mountain Trail Street, exc,pt for approved driveways. 34. The applicant shall dedicaTe on the parcel Moorpark, public service e semente, as required to the City of 35. The applicant shall deline< -,te :)n t�,"Ie parcel ma to flooding as a "Flowage Easement" p areas subject easement for dedication to the City f and then offer the oorpark drainage easements, flood lizard areas and secondarLot to lot easement shall also be c:ael seated on the Y drainage Parcel map. 36. The applicant shall offer the parcel ma n de`lic�t'' storm drain easements on p to the V, t, onty Flood Control District, as necessary. 37�__If approved by the City -.�a;ci; Brookwood Drive shall - quitclaimed tby the C.it, ✓, be LAND DIVISION MOORPARK NO; APPLICANT: �� -� DATE: Jrban [vest Communities )ceinber i9, 2990 38. That in conjunction wit,-, approval of the Final :lap, the developer shall dedicate on the Final Hap to the of Moorpark the access right:; adjacent to Mountain Trail Street and Tierra Rejada Road alenq the entire frontage of the parent parcel. 39. All landscaped setbacks and public right -of -way adjacent to Tierra Rejada Road and Mountain Trail Street shall be maintained by the applicant to the satisfaction of the City. The total cost of maintenance shall be borne by the applicant. Prior to recordation of Vestinq Tentative Map 90 -2, the subject area noted above shall be denoted on the final map as an easement to the City for the purpose identified above. A:pm /tt.cnd N ORD' `4ANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CHANGE NO. 90 -3 ON APPLICATION OF URBAN CL FO OIA, APPROVING ZO:TE W WHEREAS, an application ES. Communities for Zone on was received from Urban West 11.77 Change N(- . 90 -3 to rezone a acre parcel from ,PC (planned PProximately an (Commercial Planned Development) zone;, and Community) to CPD" WHEREAS, the Planning • considered the proposed o.neof change the City of Moorpark hearing on November 5 and 1 recommended a Igq� a duly noticed public approval thereof;, E1, and after consideration WHEREAS, at its meeting Of JecembE -�r, 5, 1990, opened the public hearing, took t +�;,tim,�n testify the City Council y regarding said zone chap v °t all those wishing to duly considered the zone chanc -t� lands has the Public hearing, as reached its decisio has WHEREAS, the and consideration of City coijr iv alter careful change, the Mitigated )ec. ; aration review and g , has determined that for the zone change Wdl for the zone significant effect on the envir rimen,_ . g l not have a NOW, THEREFORE, THE CITY COL`S '_IL 1` CALIFORNIA DOES ORDAIN AS FOLLO, THE CITY OF b100RPART{, SECTION 1. That the pio'Osed zone is in conformance the Land Use Element of the Gwith nE: a,,. Pl.�, yl,, SECTION i. That the welfare, and good zoning Publ c necessity, convenience reclassified, g practi. " iequ _res that , general the property be SECTION 3. That the Cat from PC to CPD as shown o:_ Council approves the zone A. change -_ SECTION 4. of the City to That staff to amend i. Iiz ect �c� reflect the apps -c��., 'd .or.e change. Si _T ION 5 . That this ,r-c. after passage and adoption, SECTION passage and Zclat the it the bock o� �.dop�o�l f this of "_, oriy ina� ()rdiliance: the Zoning :�,p :Z:111c > ;r,lll Lake effect 30 days C'lulr.; shall certify *_o t: e J "it--y; shall enter Elie same n Ly' • shall .itiake ; a m -nut` Of the passage Proceedings g and adoption thereof g of the in the records of t::e adopted; and shall, withinofict en t which the same is adoption thereof, (I' days after the assage am described b l cause th me t, be published in a manner y law. PASSED AND ADOPTED this -- daY of May, 1990. Paui W. Lawrason, Jr. Ma or C1ty of Moorpark Y ATTEST: City C— Jerk City Of Moorpark REVISED ZONING FROM ,- C 70 c r -D FOR APN -05 -0 -120 -415 (APPLICANT: L RBAN VVEST COMMUNITIES) E;� . 1 —�IEIT 211 III I �II� �I ill,l il hill lip; mmu NITY �1'I���� �I� I' 'illi� I��III,IIII'��: "� •'' FOCUS:,.. : { 1 .1 1►: -