HomeMy WebLinkAboutAGENDA REPORT 2011 0406 CC REG ITEM 08A ITEM 8.A.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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ACTION:
MOORPARK CITY COUNCIL '"V:
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Director
Prepared By: Joseph R. Vacca, Principal Planne
DATE: March 17, 2011 (CC Meeting of 4/6/2011)
SUBJECT: Consider Resolution Approving Modification No. 2 to Vesting
Tentative Tract Map No. 5130, to Extend the Timing for Certain
Improvements for the Vistas at Moorpark Project, Located East of
Walnut Canyon Road, and North of Wicks Road, on the Application of
Sage Community Group on behalf of Moorpark 150 LLC
BACKGROUND/DISCUSSION
On December 17, 2003, the City Council adopted Resolution No. 2003-2150, which
approved Vesting Tentative Tract Map (VTTM) No. 5130 and Residential Planned
Development (RPD) Permit No. 1998-02 for 110 homes on 72 acres east of Walnut
Canyon Road and north of Wicks Road. A copy of this resolution is attached. Special
Condition Number 20 for VTTM No. 5130 required that certain improvements to Walnut
Canyon Road be made prior to the issuance of a Certificate of Occupancy for the first
home. Permit Adjustment No. 1, approved March 29, 2006, amended this timing for the
Walnut Canyon Road improvements to be completed by the earlier of occupancy of the
50th home or November 8, 2008, whichever came first. This Permit Adjustment,
however, expired after one year. In November, 2008, the City Council considered the
applicant's request for a modification to this condition to allow for the improvements to
be completed by the earlier of occupancy of the 50th home or April 15, 2011. The
applicant was also seeking an extension to the Residential Planned Development
Permit, to continue its validity from December 17, 2008 to December 17, 2011. These
extensions were requested as economic conditions were not favorable to the
construction of this project at the time. Because the request was to extend the terms of
the project by approximately the same length of the original terms of approval, a
modification to the original permits was required, for consideration by the City Council at
a public hearing.
1
Honorable City Council
April 6, 2011
Page 2
On November 19, 2008, the City Council opened a public hearing on Modification No. 1
to Vesting Tentative Tract Map No. 5130 and Residential Planned Development Permit
No. 1998-02 to extend the entitlement approvals and timing of Condition No. 20,
accepted public testimony, and closed the public hearing. At that meeting, the City
Council approved Resolution No. 2008-2767 with conditions of approval. The
approved Resolution modified Condition No. 20, as follows:
20. Prior to issuance of a Certificate of Occupancy for the 50th dwelling unit or
April 15, 2011, whichever comes first, construction of roadway
improvements to Walnut Canyon Road and overlaying of the pavement on
Wicks Road must be completed to the satisfaction of the City Engineer
and Public Works Director. The improvements along Walnut Canyon
Road associated with the project must cover the full extent of the frontage,
as well as south of the property to Wicks Road, including any standard off-
site transitions determined necessary by City Engineer and Caltrans.
Improvements include, but are not limited to dedication of land to provide
a sixty-four-foot (64') right-of-way, horizontal and vertical realignment of
Walnut Canyon Road in accordance with City and Caltrans standards with
no less than eight-foot (8') paved shoulders, no less than twelve-foot (12')
travel lanes, and no less than twelve-foot (12') turning lanes. A five-foot
(5) wide concrete pedestrian walkway must be installed from the southern
boundary of Tract 5405 along the west side of Walnut Canyon Road. The
pedestrian facilities along the west side of Walnut Canyon Road must be
extended to the north side of the intersection of Walnut Canyon Road and
Casey Road. Pedestrian facilities must meet all City and American
Disabilities Act (ADA) requirements. Crosswalk facilities will be
constructed at Casey Road for pedestrian access to the east side of
Walnut Canyon Road to the satisfaction of the City Engineer. The
developer shall overlay the paving on Wicks Road consistent with city
standards, to the satisfaction of the City Engineer and Public Works
Director prior to issuance of a Certificate of Occupancy of the 50th
dwelling unit or April 15, 2011, whichever comes first.
Please note: the condition above also includes that overlaying of the pavement on
Wicks Road must be completed to the satisfaction of the City Engineer and Public
Works Director as part of the required improvements.
The approvals of the Tentative Tract Map No. 5130 are tied to the approved
Development Agreement which is in full force and effect for twenty years from the
operative date of the agreement (until February 20, 2024), or until the close of escrow
on the initial sale of the last Affordable Housing Unit, whichever occurs last.
\\MOR PRI-SE RV\Department Share\Community Development\DEV PMTS\R P D\1998-02 Vistas 2
@MRPK(SunCal)\MODIFICATION No.2\CORRES\CC Agenda Report.doc
Honorable City Council
April 6, 2011
Page 3
CURRENT REQUEST
The applicant is now requesting a second modification to amend timing of Condition No.
20, to allow for the improvements to Walnut Canyon Road and overlaying of the
pavement on Wicks Road to be completed by the earlier of occupancy of the 50th home
or April 11, 2013. Because this request is to extend the terms of timing of improvement
in the condition of approval No. 20, which was created by the City Council, a
modification to the original permits is required, with consideration by the City Council at
a public hearing. Once again, this timing change is requested as economic conditions
remain unfavorable for construction of this project. Because the request is to extend
the terms of the project by approximately the same length of the original terms of
approval, a modification to the original permits is required, for consideration by the City
Council at a public hearing.
Staff is recommending that the timing be changed from issuance of the certificate of
occupancy for the 50th dwelling unit to issuance of the certificate of occupancy for the
1st dwelling unit, or April 11, 2013, whichever comes first, for consistency with the
development agreement for this project and to ensure these improvements are
completed in the near future.
ENVIRONMENTAL DOCUMENTATION
The extension of the improvement timing would not result in any different impacts than
those considered under the Mitigated Negative Declaration adopted for this project and
no additional environmental review is needed.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
1. Open the public hearing, take public testimony and close the public hearing.
2. Adopt Resolution No. 2011- approving Modification No. 2 to VTTM No. 5130.
ATTACHMENTS:
1. Location Map
2. Resolution No. 2003-2150
3. Resolution No. 2008-2767
4. Draft Resolution with Conditions of Approval
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Location East of Walnut Canyon Road
and North of Wicks Road
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4
RESOLUTION NO. 2003-2150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING VESTING TENTATIVE
TRACT MAP NO. 5130 AND RESIDENTIAL PLANNED DEVELOPMENT
PERMIT NO. 1998-02 FOR THE SUBDIVISION OF
APPROXIMATELY SEVENTY-TWO (72) ACRES OF LAND INTO 110
SINGLE FAMILY RESIDENTIAL LOTS LOCATED ALONG THE EAST
SIDE OF WALNUT CANYON ROAD (SR-23) , NORTH OF CASEY
ROAD AND WICKS ROAD AND SOUTH OF THE VENTURA COUNTY
WATERWORKS PROPERTY, ON THE APPLICATION OF SUNCAL
COMPANIES, FOR MOORPARK 150, LLC (ASSESSOR PARCEL NOS.
512-0-010-010, -025, -055, -065, 512-0-020-020, -030,
512-0-030-010, -025, 512-0-040-035, -040, -070, -130,
-145, -240, 512-0-050-140, -350, AND 512-0-160-155)
WHEREAS, on August 19, 2003, the Planning Commission
adopted Resolution No. PC-2003-451 recommending approval to the
City Council of Vesting Tentative Tract Map No. 5130 for the
subdivision of approximately seventy-two (72) acres of land into
one hundred ten (110) single family residential lots and fifteen
(15) lots for open space, private streets, parkways, paseos and
future right-of-way purposes; and Residential Planned
Development Permit No_ 1998-02 for 110 single family units;
located along the east side of Walnut Canyon Road (SR-23) , north
of Casey Road and Wicks Road and south of Ventura Waterworks
District No. 1 property; on the application of SunCal Companies
for Moorpark 150, LLC (Assessor Parcel Nos. 512-0-010-010, -025,
-055, -065, 512-0-020-020, -030, 512-0-030-010, -025, 512-0-040-
035, -040, -070, -130, -145, -240, 512-0-050-140, -350, and 512-
0-160-155) ; and
WHEREAS, at duly noticed public hearings on November 19,
and December 17, 2003, the City Council considered the agenda
report for Vesting Tentative Tract Map No. 5130 and Residential
Planned Development No. 1998-02 and any supplements thereto and
written public comments; opened the public hearing and took and
considered public testimony; closed the public hearing; and on
December 17, 2003, reached a decision on this matter; and
WHEREAS, the City Council has read, reviewed considered,
and adopted the proposed Mitigated Negative Declaration prepared
for the project referenced above.
CC ATTACHMENT 2
Resolution No. 2003-2150
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1 . PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report (s) , accompanying
studies, and oral and written public testimony, the City Council
makes the following findings in accordance with City of
Moorpark, Municipal Code Section 17 . 44 . 030:
A. The proposed project is consistent with the intent and
provisions of the City's General Plan and Zoning Ordinance,
in that the proposed project will provide for the orderly
development of land identified in the City' s General Plan
and Zoning Ordinance as appropriate for residential
development.
B. The proposed project is compatible with the character of
surrounding development, in that the surrounding
development will include a variety of single-family
detached homes.
C. The proposed project would not be obnoxious or harmful, or
impair the utility of neighboring property or uses, in that
the use proposed is similar to uses existing or proposed to
the east, south, and west, and access to or utility of
those adjacent uses are not hindered by this project .
D. The proposed project would not be detrimental to the public
interest, health, safety, convenience, or welfare, in that
adequate provision of public access, sanitary services, and
emergency services have been ensured in the processing of
this request.
E. The proposed project is compatible with existing and
planned land uses in the general area where the development
is to be located, in that the existing and planned land
uses in the general area are generally single family
detached residential uses. The nearby Waterworks District
facility is isolated from this project by the proposed
North Hills Parkway and will neither affect, nor be
adversely affected by, this development, as conditioned.
F. The proposed project is compatible with the scale, visual
character and design of the surrounding properties,
designed so as to enhance the physical and visual quality
of the community, and the structures) have design features
which provide visual relief and separation between land
uses of conflicting character, in that the proposed project
complies with all development standards of the Moorpark
6
Resolution No. 2003-2150
Page 3
Municipal Code, and the development will utilize high
quality architectural materials and treatments to enhance
the visual appeal of the structures to be constructed.
SECTION 2. SUBDIVISION MAP ACT FINDINGS: Based on the
information set forth in the staff report (s) and accompanying
maps and studies the City Council has determined that the
Tentative Tract Map, with imposition of the attached special and
standard Conditions of Approval, meets the requirements for
approval of California Government Code Sections 66473. 5, 66474,
66474 . 6, and 66478 . 1 et seq. , in that:
A. The proposed map would be consistent with the City of
Moorpark General Plan and Zoning Ordinance if amended by
General Plan Amendment No. 1998-01 and Zone Change No.
1998-01 to allow for a density up to 1. 53 units per acre.
B. The design and improvements of the proposed subdivision
would be consistent with the City of Moorpark General Plan
if amended by General Plan Amendment No. 1998-01 and Zone
Change No. 1998-01 to allow for a density up to 1 . 53 units
per acre.
C. The site is physically suitable for the type of development
proposed in that the site can be engineered to allow for
all required utilities to be brought to the site, adequate
ingress and egress can be obtained, and the site can be
provided with public and emergency services.
D. The site is physically suitable for the proposed density of
development, in that all City Development standards would
be met by the proposed project.
E. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage,
in that all potential impacts would be mitigated through
project design or conditions.
F. The design of the subdivision and the type of improvements
are not likely to cause serious public health problems, in
that adequate sanitation is both feasible and required as a
condition of this development .
G. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within
the proposed subdivision, in that easements for the
widening of Walnut Canyon Road have been identified and
incorporated in the design of this project.
7
Resolution No. 2003-2150
Page 4
H. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements
under Water Code Section 13000 et seq.
I . The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake,
or reservoir as defined in California Government Code
Section 66478 . 1 et seq.
SECTION 3. CITY COUNCIL APPROVAL: The City Council
approves Vesting Tentative Tract Map No. 5130, subject to the
special and standard Conditions of Approval included in Exhibit
A (Special and Standard Conditions of Approval) , attached hereto
and incorporated herein by reference.
SECTION 4 . CITY COUNCIL APPROVAL: The City Council
approves Residential Planned Development Permit No. 1998-02,
subject to the special and standard Conditions of Approval
included in Exhibit B (Special and Standard Conditions of
Approval) , attached hereto and incorporated herein by reference.
SECTION 5. CERTIFICATION OF ADOPTION: The City Clerk
shall certify to the adoption of this resolution and shall cause
a certified resolution to be filed in the book of original
resolutions.
PASSED AND ADOPTED his 17th d y of D e , 2003.
It Hu or
ATTEST:
P
O
f
Deborah S. Traffenste , City Clerk 2
9v
°a
•
Exhibit A: Special and Standard Conditions of Approval for
Vesting Tentative Tract Map No. 5130
Exhibit B: Special and Standard Conditions of Approval for
Residential Planned Development Permit No. 1998-02
8
Resolution No. 2003-2150
Page 5
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR VESTING TENTATIVE TRACT MAP 5130
SPECIAL CONDITIONS
1 . Prior to the issuance of a grading permit, the Applicant
shall deposit with the City the sum of $25, 000 to be held
in trust for open space acquisition and maintenance as an
offset to impacts related to rare plant communities. This
trust fund deposit shall be used at the discretion of the
City For purposes consistent with the intent of the
biological resources mitigation :measures in the Final
Mitigated Negative Declaration.
2. Venturan Coastal Sage Scrub Community Research
Contribution: Prior to the issuance of a Zoning Clearance
for filing of a Final Map, the Applicant shall pay to the
City a contribution of $15, 000 and participate in the
Venturan Coastal Sage Scrub Community Research Program.
3. Prior to the issuance of a Zoning Clearance for filing of a
Final Map, the applicant shall show on the Final Map, or by
separate instrument, an irrevocable offer of dedication to
the City for a road easement over lots B, C, and P for
primary or secondary access to the Project, and a final
engineering design on the road. The road shall be designed
to meet City of Moorpark street standards as determined by
the City Engineer and the Community Development Director;
Caltrans intersection standards; and designed in such a
manner that if constructed, its construction will not
require any modification of adjacent single family lots.
The upper portion of the access road where it intersects
with the "B" street shall be shown as a lettered lot "P" on
the Final Map and used as a passive recreation lot,
landscaped and maintained by the Homeowners' Association
unless it is needed for roadway purposes. Prior to the
close of escrow for each home in the project, the applicant
shall provide the City with a written acknowledgement, the
form of which shall be approved in advance by the City
Attorney, signed by each buyer indicating they are aware of
the potential alternative access.
4 . Prior to the issuance of a zoning clearance for occupancy
of the first dwelling unit the Applicant shall provide a
paved onsite emergency access road from Wicks Road to "B"
Street, a minimum of thirty-two feet (32' ) wide with no
parking permitted on either side of the road. A turn-
9
Resolution No. 2003-2150
Page 6
around area shall be provided outside the emergency access
gate, to the satisfaction of the Community Development
Director and the Ventura County Fire Protection District.
The access drive to Wicks Road shall be gated and used for
emergency access only and shall meet Fire Protection
District requirements. Separate pedestrian access shall be
provided to Wicks Road at this gated emergency access
location.
5. Prior to the issuance of a zoning clearance for occupancy
of the first dwelling unit, the Applicant shall improve
Wicks Road to provide a minimum of twenty-foot (201 ) wide
pavement, with no parking on both sides of the road. A
five-foot (5' ) wide concrete sidewalk with curb and gutter
shall be constructed on the south side of Wicks Road from
the emergency access road, referenced in Condition 4 above,
to Walnut Canyon Road. Crosswalk facilities will be
constructed at the intersection of Wicks Road and the
access road for pedestrian access to the sidewalk on the
south side of Wicks Road to the satisfaction of the City
Engineer.
6. Prior to the issuance of a Zoning Clearance for filing of a
Final Map, the applicant shall provide an irrevocable offer
of dedication for a two-hundred-foot (200' ) wide future
right-of-way along the entire northerly boundary for North
Hills Parkway. The applicant shall bond for the
construction of full width grading of the roadway from the
top of slope at the western end of the property to Spring
Road. Additionally, the applicant shall bond for the
construction and improvement of the southern one-half (1/2)
of North Hills Parkway, including an acceleration/
deceleration lane at the project entrance, two (2) lanes of
travel, emergency parking/bicycle lane, curb, gutter,
sidewalk drainage, full median and parkway landscaping and
street lighting along the entire frontage of the project
and east to Spring Road. Any easements necessary to
complete the required construction and maintenance of the
road shall be the applicant' s responsibility. Construction
and use of North Hills Parkway as primary access to this
project is contingent upon the construction and use of
Spring Road from the intersection of North Hills Parkway
south to Charles Street. In the event that the developer
of Specific Plan No. 2 has not bonded for the construction
and improvements of Spring Road, the applicant shall bond
for the construction and improvements of Spring Road to the
satisfaction of the City Engineer and the Community
10
Resolution No. 2003-2150
Page 7
Development Director. The City Engineer shall accept the
bonds with the understanding that a substitute bond from
the developer of Specific Plan No. 2 may be accepted at a
future date.
7 . Prior to the issuance of a Certificate of Occupancy for the
first dwelling unit, North Hills Parkway improvements
described in Condition No. 6 above, including full width
grading shall be completed.
8. Prior to approval of Zoning Clearance for residential unit
building permit, the Applicant shall pay fees in accordance
with Section 8297-4 of the City' s Subdivision Ordinance
(Parks and Recreation Facilities) .
9. Prior to the issuance of a Zoning Clearance for filing of a
Final Map, the applicant shall pay one-third (1/3) of the
full equivalent cost, including design, construction, and
inspection for the future traffic signalization at the
intersection of the northerly entry access road with the
North Hills Parkway as determined by the Public Works
Director. In addition, the Applicant shall pay for fifty
percent (50%) of the full equivalent cost, including
design, construction and inspection of the future traffic
signal at the intersection of North Hills Parkway and
Spring Road. The remaining portions of both traffic
signals may be funded through a Community Facilities
District (CFD) , if formed for the project.
10 . Prior to the recordation of the Final Map, the applicant
shall dedicate vehicular access rights to the City of
Moorpark, for the entire project boundary along Walnut
Canyon Road, North Hills Parkway, and Wicks Road.
11 . Prior to final occupancy of the first residential unit,
sound walls shall be constructed at locations along the
portions of the tract that are adversely affected by the
future traffic on the North Hills Parkway to the
satisfaction of the Community Development Director.
12. Prior to the approval of the Final Map or the issuance of a
Grading Permit (whichever comes first) , the applicant shall
prepare engineering plans to the satisfaction of the City
Engineer and Community Development Director showing the
grade and the vertical and horizontal alignment of a bridge
to cross Walnut Canyon Road needed for the construction of
the North Hills Parkway.
13 . Prior to the issuance of a Zoning Clearance for filing of a
Final Map, the applicant shall create a landscape
11
Resolution No. 2003-2150
Page 8
maintenance district to provide the perpetual maintenance
for landscaping improvements provided by the applicant
along Walnut Canyon Road, Wicks Road, and North Hills
Parkway consistent with Standard Condition No. 15.
14 . Prior to the issuance of a Zoning Clearance for filing of a
Final Map, the applicant shall include the adjacent
property to the east (APN 512-0-160-155) within the Tract
boundary. The parcel shall be lettered lot "0". The
portions of the parcel which are not dedicated as right-of-
way for North Hills Parkway shall be maintained as an open
space lot by the Homeowners' Association and deed
restricted prohibiting any development on the property
including, but not limited to structures, roads, trails,
orchards, gardens, and any uses other than natural open
space and fuel modification.
15. Prior to the approval of the Final Map, the applicant shall
record deed restrictions on all common area parcels within
the tract as shown on the Lot Designation table in the
Staff Report dated December 11, 2003. These lots shall be
restricted as follows: Lot A shall be restricted to allow
only a detention basin and natural open space uses in
accordance with the conditions of this tract, to include
the establishment of an artificial spring and a minimal
private trail system, and excluding orchards or ornamental
planting; Lot B and C shall be restricted to allow only
drainage facilities and landscaping, which may include
ornamental, but not orchard planting, at the discretion of
the Community Development Director; Lot D shall be
restricted to allow no structures or improvements, except
landscaping as approved by the Fire Protection District;
Lot E shall be offered for dedication to the City of
Moorpark for road purposes, and if dedication is not
accepted, improvement shall be limited to the construction
of a roadway to provide primary access to the east; Lots F,
I, & J shall be limited to use as private streets and
roads, to include such improvements as street lights, fire
hydrants, the placement of public utilities, storm drain
catch basins, sidewalks, access gates, and other uses
directly related to, and customarily accompanying, street
uses; Lots G & H shall be restricted to active and passive
recreational uses, and any structures shall meet the
setback requirements of the seismic hazard zone, and shall
not be allowed unless specifically permitted through an
appropriate modification to Residential Planned Development
Permit No. 1998-02; Lots K, K1r L & M shall be restricted to
12
Resolution No. 2003-2150
Page 9
ornamental landscaping and walkway purposes, and structures
shall not be permitted.
16. Prior to the approval of the Final Map, the applicant shall
create additional lots from the existing open space lots
that shall serve as fuel modification zones subject to the
satisfaction of the Community Development Director and the
Fire Protection District. These lots shall have a depth
that shall equal the required distance of brush clearance
and fuel modification as required by the Fire Protection
District . These lots shall be deed restricted to allow
only fuel modification activities, and the construction of
structures shall be prohibited. Prior to the issuance of a
Zoning Clearance for final building permit the applicant
shall provide the Community Development Department with a
written acknowledgement statement signed by the purchasers
of lots adjacent to the fuel modification zones indicating
their awareness of the fuel modification zones. The form of
the acknowledgement shall be approved by the Community
Development Director and City Attorney prior to issuance of
the first building permit.
17. No extraction of subsurface mineral resources, grading,
excavation, drilling, pumping, mining, or similar activity
shall be allowed in any portion of Lots A, B, C, D, G, H,
K, K1, and N, or any additional open space lots created to
serve as fuel modification zones. Lots A, B, C, D, and N.
along with any additional open space lots created to serve
as fuel modification zones may include grading for the
purpose for establishing and maintaining landscaping as
part of a fuel modification zone as determined by the
Community Development Director and the Fire Protection
District.
18. Street lights shall be provided within the tract to the
satisfaction of the Community Development Director and the
City Engineer. Street lights shall be privately maintained
by the project Homeowners' Association in perpetuity.
19. Prior to the recordation of the Final Map, the applicant
shall construct its proportionate share of improvements as
identified by the Interim Corridor Improvement Plan
developed for Walnut Canyon Road. The contribution of this
project to the proposed improvements shall be consistent
with the Corridor Plan as determined by the Community
Development Director and City Engineer.
20. Prior to issuance of a Certificate of Occupancy for the
first dwelling unit, construction of roadway improvements
13
Resolution No. 2003-2150
Page 10
to Walnut Canyon Road shall be completed to the
satisfaction of the City Engineer. The improvements along
Walnut Canyon Road associated with the project shall
include improvements along the full extent of the frontage,
as well as south of the property to Wicks Road, including
any standard offsite transitions determined necessary by
City Engineer and Caltrans. Improvements include, but are
not limited to dedication of land to provide a sixty-four-
foot (641 ) right-of-way, horizontal and vertical
realignment of Walnut Canyon Road in accordance with City
and Caltrans standards with no less than eight-foot (8' )
paved shoulders, no less than twelve-foot (121 ) travel
lanes, and no less than twelve-foot (12' ) turning lanes. A
five-foot (5' ) wide concrete pedestrian walkway shall be
installed from the southern boundary of Tract 5405 along
the west side of Walnut Canyon Road. The pedestrian
facilities along the west side of Walnut Canyon Road shall
be extended to the north side of the intersection of Walnut
Canyon Road and Casey Road. Pedestrian facilities shall
meet all City and American Disabilities Act (ADA)
requirements. Crosswalk facilities will be constructed at
Casey Road for pedestrian access to the east side of Walnut
Canyon Road to the satisfaction of the City Engineer.
21 . All access gates shall be constructed, to the satisfaction
of the Community Development Director, Fire Protection
District and the Moorpark Police Department, so as to allow
the opening of the gates to allow for emergency ingress or
egress in the event of a power failure. Separate pedestrian
access shall also be provided within the gates, with the
design subject to the review and approval of the Community
Development Director.
22. Prior to the issuance of a zoning clearance for the first
dwelling unit, the Charles Street intersection with
Moorpark Avenue shall be re-striped to provide proper
pedestrian crossings and to maintain clearance for
northbound left-turn movements to the satisfaction of the
City Engineer.
23. Prior to the issuance of a Zoning Clearance for filing of a
Final Map, the applicant shall fund the pro-rata share of
required improvements to the intersection of Moorpark
Avenue and High Street to ensure that project plus
cumulative traffic does not result in a reduction of Level
of Service to Level of Service D. Anticipated improvements
to this intersection include widening approaches to provide
an additional through lane, re-striping, providing signal
14
Resolution No. 2003-2150
Page 11
timing and coordination between Casey Road and High Street,
completing north and south bound lane approaches, and
related pedestrian improvements in the vicinity of the
Moorpark Avenue/High Street intersection. Moorpark Avenue
to the north of the intersection shall be widened to four
(4) lanes without narrowing the existing sidewalk. These
improvements shall be completed under a reimbursement
agreement acceptable both to the City and to the Applicant.
Terms of reimbursement shall be as determined by the
Community Development Director and the City Engineer.
24 . Prior to the issuance of a Zoning Clearance for filing of a
Final Map, the applicant shall participate in his/her pro-
rata share of the costs of intersection improvements for
Los Angeles Avenue/Tierra Rejada Road, Poindexter
Avenue/Moorpark Avenue, Los Angeles Avenue/Moorpark Avenue,
Los Angeles Avenue/Spring Road, and Spring Road/High
Street. The pro-rata share of the improvement cost shall be
based on the impact of the project' s 110 units to each of
the intersections using the traffic report dated October
30, 2000, by Associated Transportation Engineers for Tract
No. 5187, as a reference for that determination.
25. The applicant shall dedicate access rights to all private
streets within the proposed project to the City of
Moorpark.
26. Prior to issuance of a Zoning Clearance for a grading
permit, a proposed habitat restoration plan shall be
developed to ensure compensation for the loss of native
habitats that will occur as a result of project
development. The habitat restoration plan shall emphasize
the selective use of purple needle grass (Stipa pulchra)
and other native grasses in the landscape plan for the
property and include (subject to approval of the Fire
Protection District) , the use of native plants common to
Venturian Coastal Sage Scrub habitat (e.g. , Salvia apiana,
Salvia leucophylla, Artemisia California, Rhus
integrifolia, Eriogonum fasciculatum, Encelia California)
in upland areas surrounding the project that are disturbed
as a result of project development (geologic remediation,
construction of fire access roads, etc. ) .
27. Prior to any grading or construction activities of any
kind, the applicant shall have a field survey conducted by
a qualified biologist to determine if active nests of bird
species protected by the Migratory Bird Treaty Act and/or
the California Fish and Game Code are present in the
construction zone or within one-hundred feet (1001 ) (two-
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Resolution No. 2003-2150
Page 12
hundred feet [200' ] for raptors) of the construction zone.
No earlier than forty-five (45) days and no later than
twenty (20) days prior to construction or grading/site
preparation activities that would occur during the
nesting/breeding season of native bird species potentially
nesting on the site (typically February through August) , a
report of this field survey shall be submitted to the
Community Development Director. If active nests are found,
a fence barrier shall be erected around the nest site at
least fifty feet (50' ) from the nest (this distance may be
greater depending on the bird species and construction
activity, as determined by the biologist) . Clearing and
construction within the fenced area shall be postponed or
halted, at the discretion of the biological monitor, until
the nest is vacated and juveniles have fledged, as
determined by the biologist, and there is no evidence of a
second attempt at nesting. The biologist shall serve as a
construction monitor during those periods when construction
activities will occur near active nest areas to ensure that
no inadvertent impacts on these nests will occur.
28. Prior to issuance of the grading permit, the applicant
shall complete and submit to the City for approval by the
Community Development Director, a Habitat Enhancement Plan
(HEP) . The plan shall apply to all existing or created on-
site oak woodlands, riparian areas, detention basins, and
fuel modification zones. The purpose of this plan shall be
to increase the biological carrying capacity of these
areas.
29. Prior to the issuance of a Zoning Clearance for filing of a
Final Map, the applicant shall show on the Final Map a
gated private street entrance with a seventy-five-foot
(75' ) right-of-way with two (2) entry lanes into the
project and a turn-around area for vehicles denied entry.
The entry area and gates shall be designed to reflect a
common community architectural theme which is carried
through to the public entrance and the recreation building.
30. Prior to the commencement of any grading or construction,
the applicant shall ensure that the disturbed (ruderal)
vegetation zones within the conservation easement/
dedication area are cleared of debris and, to the degree
feasible, restored to a state similar to dominant
surrounding native habitats.
31. The applicant shall use native plants in the restoration of
areas disturbed by the construction of the project. The
City shall monitor the use of native plants through review
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Resolution No. 2003-2150
Page 13
and approval of all project landscape plans. Invasive plant
species, as determined by the Community Development
Director, shall be prohibited.
32. The permanent removal of approximately forty (40) trees
shall be replaced by the applicant at a 10: 1 mitigation
ratio by planting four-hundred (400) California walnut
trees in the private open space area. This tree may also
be used as one of several screening trees around the
southern perimeter of the development. Pepper trees
(Schinus molle) shall not be used in the tree planting
program. The trees should be planted dominantly within the
upland areas above the detention basin, in private open
space. Field research shall be conducted by a qualified
landscape architect to determine whether soils, drainage,
and compaction of the soil are suitable for survival of the
species in all areas where restoration is planned. To
ensure maximum survival rates, these replacement trees
shall be limited to one gallon specimens. If possible,
replacement plantings shall be derived from locally
harvested native walnuts in the upper reaches of Walnut
Canyon. Otherwise, if nursery stock is used for
restoration, no grafted stock shall be permitted. A
minimum of one-hundred-ten (110) additional trees, not less
than fifteen (15) gallons, six feet (6' ) tall when planted
with a one-inch (1") caliper, shall be planted in the
natural open space area, as approved by the Community
Development Director, to offset the value of the trees to
be removed. The landscape plan shall also incorporate
extensive tree landscaping including specimen size trees,
as approved by the Community Development Director. This
requirement is in addition to any trees required for graded
areas through submittal and approval of a landscape plan
and is not intended to substitute for trees required under
provisions of the Tree Ordinance.
33. Prior to the issuance of a Zoning Clearance for filing of a
Final Map or issuance of the final precise grading plan,
the applicant shall establish an artificial freshwater
spring within the private open space area in a location
that will provide the maximum potential for long-term use
by native wildlife. This spring is designed to replace
regionally available water sources that have been destroyed
by cumulative development. A qualified vertebrate biologist
and botanist or appropriate landscape professional shall
designate the location of these artificial springs. The
spring shall be placed in a location which is acceptable to
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Resolution No. 2003-2150
Page 14
the Community Development Director. The artificial spring
shall be maintained to provide year round low flows in
volumes similar to existing springs in the Walnut Canyon
area. The spring shall be vegetated with native riparian
plants, and shall include at least two (2) Alders (Alnus
rhombifolia) , five (5) Sycamores (Platanus racemosa) , two
(2) Cottonwood (Populus fremontii) , three (3) Arroyo Willow
(Salix lasiolepis) , four (4) Elderberry (Sambucus
mexicana) , and five (5) Live Oak (Quercus agrifolia) .
Trees shall not exceed five (5) gallon container size
(except for Willow) or be bare root at the time of
planting. A permanent supply of water shall be provided.
Adequate root guard protection shall be provided to reduce
mortality from rodent activity. The project Homeowners'
Association shall be responsible for the long term
maintenance of the artificial spring as a component of the
private open space program.
34 . Prior to the issuance of any grading permit, or clear and
grub activities not covered by the City' s grading
ordinance, the applicant shall obtain a Clean Water Act
Section 401 certification, and Section 404 permit, as
required by the Regional Water Quality Control Board and
the Army Corps of Engineers. Additionally, a Section 1603
Streambed Alteration Agreement shall be entered into with
the California Department of Fish and Game. The Applicant
shall adhere to all conditions of these approvals.
35. A minimally invasive trail system within Lot A shall be
devised for the open space area which, to the extent
feasible, avoids or minimizes impacts to stands of native
vegetation. All motorized vehicles shall be physically
prohibited from entering the private open space
conservation area. Prior to the approval of the Final Map,
the site plan shall be revised to include the dedicated
trail alignment across the oper. space. The trail system
shall be constructed as a minor multi-use trail and access
to the area shall otherwise be restricted. The trail
system shall be completed prior to occupancy of the
seventy-fifth (75th) dwelling unit.
36. Off-road-vehicle use on property within the project
boundaries shall be prohibited (except upon approved
private streets and maintenance roads) . The CC&R' s for
this project shall specify fines for unauthorized use of
off-road vehicles. Developer shall post signs at entries to
project to allow police enforcement of requirements.
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Resolution No. 2003-2150
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37 . Prior to the issuance of a zoning clearance for the first
dwelling unit, the applicant shall install perimeter
fencing in areas where future residents could obtain access
to surrounding private lands. The design and location of
the fencing shall be to the satisfaction and approval of
the Community Development Director.
38. Prior to the initiation of grading, the applicant shall
provide proof to the Community Development Director that an
archeological monitor has been employed by the Applicant
during each phase of grading to monitor initial grading for
items of archeological significance. The monitor shall
have the authority to stop grading activity in a given area
to allow sufficient time for the collection and evaluation
of artifacts.
39. A paleontological mitigation plan outlining the procedures
for paleontological data recovery shall be prepared and
submitted to the Community Development Director for review
and approval prior to the issuance of a grading permit for
the project . The development and implementation of this
program shall include consultations between the City' s
consulting geologist and the applicant' s engineering
geologist. The monitoring and data recovery should include
periodic inspections of excavations to recover exposed
fossil materials. The cost of the recovery shall be
limited to the discovery of a reasonable sample of
material, as determined by the Community Development
Director.
40. Appropriate design of both grading and structures shall be
implemented to reduce risks associated with seismic shaking
to the standards established by the most recently adopted
Uniform Building Code and to the satisfaction of the City
Engineer and City Building Official . Additional studies
shall be performed by the applicant as required to enable
the determination of appropriate standards of grading and
construction.
41 . Prior to the issuance of a grading permit, the applicant
shall show all existing landslides on the grading plans.
The grading plans shall reflect the removal and re-
compaction of the landslides to the satisfaction of the
City Engineer.
42. Prior to the issuance of a grading permit, the applicant
shall provide proof to the City Engineer that all known
faults and fault traces have been mapped. An engineering
geologist shall be retained on site by the Applicant to
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Resolution No. 2003-2150
Page 16
evaluate any previously unknown fault traces for recent
activity (within the past 11, 000 years) . Any faults or
traces shall be mapped according to currently accepted
industry practice. No structures shall be allowed within
fifty feet (50' ) of an active fault or trace. Structures
placed near inactive faults or traces shall be designed to
meet the structural standards of the Uniform Building Code
which address the demands of ground shaking and the
associated secondary ground movement along the inactive
fault or trace.
43. Prior to the issuance of a Zoning Clearance for the first
building permit, the applicant shall provide the Community
Development Department with a written acknowledgement
statement signed by the purchasers of lots within the
project, indicating their awareness of the fault trace and
associated issues. The form of the acknowledgement shall
be approved by the Community Development Director and City
Attorney.
44 . Prior to the issuance of a grading permit, the applicant
shall show on the grading plans appropriate design of both
grading and structures to reduce risks associated with
landslides, expansive soils, liquefaction and subsidence to
the standards established by the most recently adopted
Uniform Building Code and to the satisfaction of the City
Engineer and City Building Official. Additional studies
shall be performed by the Applicant as required to enable
the determination of appropriate standards of grading and
construction.
45. Prior to the issuance of a grading permit, the applicant
shall show on the grading plans all drainage facilities
that are proposed to be constructed to accommodate the
runoff volumes required to avoid off-site impacts, to the
satisfaction of the City Engineer. These volumes shall
include the anticipated additional runoff from the grading
required for the extension of North Hills Parkway to the
future Spring Road extension. The Applicant shall ensure
that all drainage facilities, detention facilities, and
NPDES facilities employ appropriate Best Management
Practices (BMP' s) , to the satisfaction of the City
Engineer.
46. The applicant shall show as part of the grading plan an on-
site parking area designated for all construction
employees, as well. as for the staging of construction
equipment . This area shall be away from existing
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Resolution No. 2003-2150
Page 17
residential structures, the location and design shall be to
the satisfaction of the Community Development Director.
47 . Prior to the beginning of each grading phase, the applicant
shall develop construction and grading activity schedules
and submit the proposed schedule to the City Engineer and
the Community Development Director for review and approval.
The schedule shall include a verbatim quote of the City' s
regulations with regard to construction times, as set forth
in the City' s Noise Ordinance. All construction and
grading activities shall adhere to the City' s Noise
Ordinance requirements. Once the schedule has been
approved by the City Engineer and the Community Development
Director, the applicant shall deliver one copy to each
residence at least five working days prior to the start of
grading or construction.
48 . All existing and proposed utilities shall be under-grounded
as approved by the City Engineer, including under-grounding
of all utility poles along the east side of Walnut Canyon
Road extending from the northerly boundary of the tract to
the south side of Wicks Road. Upon the recommendation of
the City Engineer and the Community Development Director,
the City Manager may authorize a cash payment in lieu of
the construction of improvements.
49. The applicant shall pay to the Ventura County
Transportation Department a Traffic Impact Mitigation Fee
in the amount of $17, 099. 50. A receipt evidencing such
payment shall be presented to the Community Development
Director prior to the occupancy of the first residential
unit.
50. The effective date of approval for Vesting Tentative Tract
Map No. 5130 shall be on the thirty-first (31st) day
following the second reading of the ordinance approving
Zone Change No 1998-01 .
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Resolution No. 2003-2150
Page 18
STANDARD CONDITIONS
A. For compliance with the following conditions contact the
Planning Division of the Community Development Department:
1 . The conditions of approval of this Tentative Tract Map and
all provisions of the Subdivision Map Act, City of Moorpark
Ordinances and adopted City policies at the time of
tentative map approval supersede all conflicting notations,
specifications, dimensions, typical sections and the like
which may be shown on said map.
2. Recordation of this subdivision shall be deemed to be
acceptance by the Applicant and his/her heirs, assigns, and
successors of the conditions of this Map. A notation which
references conditions of approval shall be included on the
Final Map in a format acceptable to the Community
Development Director.
3. This Tentative Tract Map shall expire three (3) years from
the date of its approval . The Community Development
Director may, at his/her discretion, grant up to two (2)
additional one (1) year extensions for map recordation, if
there have been no changes in the adjacent areas and if
Applicant can document that he/she has diligently worked
towards map recordation during the initial period of time.
The request for extension of this entitlement shall be made
in writing, at least thirty (30) days prior to the
expiration date of this approval .
4 . The Applicant 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
therefore in Government Code Section 66499. 37 . The City
will promptly notify the Applicant 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
Applicant shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents,
officers and employees pursuant to this condition.
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Resolution No. 2003-2150
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a. The City may, within its unlimited discretion,
participate in the defense of any such claim, action
or proceeding if both of the following occur:
i . The City bears its own attorney fees and costs;
ii . The City defends the claim, action or proceeding
in good faith.
b. The Applicant shall not be required to pay or perform
any settlement of such claim, action or proceeding
unless the settlement is approved by the Applicant .
The Applicant 's obligations under this condition shall
apply regardless of whether a Final Map is ultimately
recorded with respect to the subdivision.
5. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any
unlawful rules or regulations or orders of an authorized
governmental agency. All mitigation measures are
requirements of the Tentative Tract Map and Residential
Planned Development Permit, as applicable.
6. If any of the conditions or limitations of this approval
are held to be invalid, that holding shall not invalidate
any of the remaining conditions or limitations set forth.
7 . Where conflict or duplication between the Mitigation
Monitoring and Reporting Plan and the conditions of
approval occurs and applicability for compliance is
questioned by the Applicant, the Community Development
Director shall determine the applicable condition
compliance requirements for each phase of development.
8. Prior to the issuance of a Zoning Clearance for filing of a
Final Map, the Applicant shall submit to the Community
Development Department and the City Engineer for review a
current title report which clearly states all interested
parties and lenders included within the limits of the
subdivision as well as any easements that affect the
subdivision.
9. Prior to the issuance of a Zoning Clearance for filing of a
Final Map, the Applicant shall pay to the City a fee for
the image conversion of the final map and improvement
plans, as determined by the Community Development Director,
into an electronic imaging format acceptable to the City
Clerk.
10. Applicant shall pay all outstanding case processing
(Planning and Engineering) , and all applicable City legal
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Resolution No. 2003-2150
Page 20
service fees within sixty (60) days of approval of this
Vesting Tentative Tract Map. The Applicant, permittee, or
successors in interest shall also submit to the Department
of Community Development a fee to cover costs incurred by
the City for Condition Compliance review of the Tentative
Map.
11 . Prior to issuance of a Zoning Clearance for grading,
Applicant shall submit a complete Landscape Plan, together
with specifications and a separate Maintenance Plan. The
Landscape Plan shall encompass all areas required to be
planted consistent with these conditions of approval . The
Landscape Plan shall be reviewed by the City' s Landscape
Architect Consultant and approved by the Community
Development Director prior to Zoning Clearance for grading
permit, or first Final Map approval, whichever occurs
first . The Landscape Plan shall conform to the latest City
of Moorpark Landscape Guidelines and Standards.
12. Prior to the issuance of a zoning clearance for grading,
the Applicant shall submit to the Community Development
Director for review and approval a fencing, perimeter,
gate, and privacy barrier wall plan, complete with related
landscaping details, identifying the materials to be used
and proposed wall heights. All fences/walls along lot
boundaries shall be in place prior to occupancy of each
lot, unless timing for installation is otherwise stated in
these conditions. Where applicable prior to approval of the
final fence/wall plan, the Community Development Director
shall approve the connection of property line wall with
existing fences and or walls on adjacent residential
properties. The Applicant is required at his/her sole
expense to connect or reconstruct adjacent residential
walls and or fences to the project perimeter wall utilizing
the same type of material that comprises existing walls and
or fences that are to be connected to the project perimeter
wall.
13. The Applicant shall submit fence/wall and landscaping plans
showing that provisions have been taken to provide for and
maintain proper sight distances. All fences, walls and
other structures shall be submitted for review and approval
by the Community Development Director.
14 . Prior to Final Map approval, the Applicant shall provide an
irrevocable offer to dedicate to the City any easements
required for the City to access and maintain any landscaped
areas or drainage improvements outside of the public right-
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Resolution No. 2003-2150
Page 21
of-way, which have been designated to be maintained by the
City.
15. Prior to Final Map approval for any phase, the Applicant
shall also provide to the City a signed Petition/Waiver a)
requesting formation of an Assessment District to fund
future costs for the maintenance of any landscaping and/or
drainage facilities designated to be maintained by the
City, and b) waiving all rights conferred by Proposition
218 with regard to the right to protest any such
assessments . Said Petition and Waiver shall include, as an
Exhibit, an Engineer' s Report fully setting forth a
description of the assessment district and the assessments,
consistent with the requirements of the California Streets
and Highways Code. Said report shall be prepared by a
consultant to be retained by the City. The Applicant shall
pay to the City a five-thousand dollars ($5, 000) deposit to
fund the cost of the Engineer' s Report, city staff costs
and city overhead expenses of fifteen percent (15%) on all
out-of-pocket costs. If additional funds are needed to
perform the costs related to said district, applicant shall
promptly deposit such funds with the City, upon request . In
the event it is determined that there will be no
landscaping or extraordinary drainage improvements to be
maintained by the City, the Community Development Director
may waive this condition with the concurrence of the City
Manager.
16. Prior to Final Map approval, the City Council shall
determine which areas shall be maintained by a maintenance
assessment district.
17 . Within two (2) days after the City Council adoption of a
resolution approving this project, the Applicant shall
submit to the City of Moorpark a check for one-thousand-
two-hundred-fifty dollars ($1, 250. 00) plus a check for
twenty-five dollar ($25. 00) filing fee, both payable to the
County of Ventura, to comply with Assembly Bill 3158, for
the management and protection of Statewide Fish and
Wildlife Trust Resources. Pursuant to Public Resources Code
Section 21089, and Fish and Game Code Section 711 .4, the
project is not operative, vested or final until the filing
fees are paid.
18 . The Applicant shall pay to the City capital improvement,
development, and processing fees at the rate and amount in
effect at the time the fee is required to be paid. Said
fees shall include but not be limited to Library Facilities
Fees, Police Facilities Fees, Fire Facilities Fees,
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Resolution No. 2003-2150
Page 22
entitlement processing fees, and plan check and permit fees
for buildings and public improvements. Further, unless
specifically exempted by City Council, the Applicant is
subject to all fees imposed by City as of the issuance of
the first permit for construction and such future fees
imposed as determined by City in its sole discretion so
long as said fee is imposed on similarly situated
properties.
19. During construction, the Applicant shall allow all persons
holding a valid cable television franchise issued by the
City of Moorpark ("Cable Franchisees") to install any
equipment or infrastructure (including conduit, power
supplies, and switching equipment) necessary to provide
Franchisee' s services to all parcels and lots in the
Project. The Applicant shall provide notice of its
construction schedule to all Cable Franchisees sufficiently
in advance of construction to allow the Cable Franchisees
to coordinate installation of their equipment and
infrastructure with that schedule. City shall provide the
Applicant a list of Cable Franchisees upon the Applicant' s
request.
B. For compliance with the following conditions please contact
the City Engineer:
General Conditions:
20. Prior to the recordation of the Final Map, the Applicant
shall post sufficient surety guaranteeing completion of all
site improvements within the development and offsite
improvements required by the conditions as described herein
(i.e. , grading, street improvements, storm drain
improvements, landscaping, fencing, bridges, etc. ) or which
require removal (i.e. , access ways, temporary debris
basins, etc. ) in a form acceptable to the City.
21 . Prior to the issuance of a grading permit or prior to the
approval of a Final Map, the Applicant shall indicate in
writing to the City the disposition of any wells that may
exist within the project. If any wells are proposed to be
abandoned, or if they are abandoned and have not been
properly sealed, they must be destroyed or abandoned per
Ventura County Ordinance No. 2372 or Ordinance No. 3991 and
per Division of Oil and Gas requirements. Permits for any
well reuse (if applicable) shall conform to Reuse Permit
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Resolution No. 2003-2150
Page 23
procedures administered by the County Water Resources
Development Department.
22. If hazardous materials are found on the site, the Developer
shall stop all work and notify the City immediately. The
Developer shall develop a plan that meets City, State and
Federal requirements for its disposal.
23. The Applicant shall comply with all pertinent County of
Ventura Public Works Department water and sewer connection
regulations implemented by the County of Ventura Public
Works Department Waterworks District No. 1 .
24 . All existing and proposed utilities shall be under-grounded
as approved by the City Engineer. This also includes all
existing above ground power lines adjacent to the project
site that are less than 67Kv.
25. Prior to improvement plan approval, the Applicant shall
submit plans to the Ventura County Fire Protection District
and obtain the approval of the location of fire hydrants.
26. The Applicant shall provide all easements and rights-of-way
granted to the City free and clear of all liens and
encumbrances.
27 . Prior to any work being conducted within any State, County,
or City right-of-way, the Applicant shall obtain all
necessary encroachment permits from the appropriate
Agencies. Copies of these approved permits shall be
provided to the City Engineer.
28. Prior to the approval of Final Map the Applicant shall
submit to the Community Development Department and the
City Engineer for review a current title report, which
clearly states all interested parties and lenders included
within the limits of the subdivision as well as any
easements that affect the subdivision.
29. Any mapping that requires review and approval by the County
of Ventura shall be concurrently submitted to the City
Engineer for review and approval. The Applicant shall be
responsible for all associated fees and review costs.
30. The Final Map shall be prepared by a California Registered
Engineer meeting all of the provisions of the Subdivision
Map Act.
31 . Any lot-to-lot drainage easements and secondary drainage
easement shall be delineated on the Final Map. Assurance in
the form of an agreement shall be provided to the City that
these easements shall be adequately maintained by property
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Resolution No. 2003-2150
Page 24
owners to safely convey storm water flows. Said agreement
shall be submitted to the City Engineer for review and
approval and shall include provisions for the owners
association to maintain any private storm drain or National
Pollution Discharge Elimination System, hereinafter NPDES
system not maintained by a City Assessment District and
shall be a durable agreement that is binding upon each
future property owner of each lot.
32 . On the Final Map, the Applicant shall offer to dedicate to
the City of Moorpark all rights-of-way for public streets.
33. Prior to submittal of the Final Map for review and
approval, the Applicant shall transmit by certified mail a
copy of the conditionally approved Tentative Map together
with a copy of Section 66436 of the State Subdivision Map
Act to each public entity or public utility that is an
easement holder of record. Written evidence of compliance
shall be submitted to the City Engineer.
34 . All development areas and lots shall be designed and graded
so that surface drainage is directed to acceptable
locations or natural or improved drainage courses as
approved by the City Engineer. Altered drainage methods and
patterns onto adjacent properties shall not be allowed
without mitigation.
35. ROC, NOx and dust during construction grading shall meet
the suppression requirement of the Ventura County Air
Pollution Control District and the City of Moorpark.
36. Temporary erosion control measures shall be used during the
construction process to minimize water quality effects.
Specific measures to be applied shall be identified in the
project Erosion and Sediment Control Plan.
37 . To minimize the water quality effects of permanent erosion
sources, appropriate design features shall be incorporated
into the project grading plan to the satisfaction of the
City Engineer. The City Engineer shall review and approve
the grading plan to verify compliance with Best Management
Practices features.
38 . The following measures shall be implemented during all
construction activities throughout build-out of the project
to minimize the impacts of project-related noise in the
vicinity of the proposed project site:
a. Construction activities shall be limited to between
the following hours: a) 7: 00 a.m. to 6: 00 p.m. Monday
through Friday, and b) 9: 00 a.m. to 6:00 p.m.
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Resolution No. 2003-2150
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Saturday. Construction work on Saturdays will require
payment of a premium for City inspection services and
may be further restricted or prohibited should the
City receive complaints from adjacent property owners.
No construction work is to be done on Sundays and City
observed holidays pursuant to Section 15.26. 010 of the
Municipal Code.
b. Truck noise from hauling operations shall be minimized
through establishing hauling routes that avoid
residential areas and requiring that "Jake Brakes" not
be used along the haul route within the City. The
hauling plan must be identified as part of the grading
plan and shall be approved by the City Engineer.
C. The Developer shall ensure that construction equipment
is fitted with modern sound-reduction equipment.
d. Stationary noise sources that exceed 70 dBA of
continuous noise generation (at 50 feet) shall be
shielded with temporary barriers if existing
residences are within 350 feet of the noise source.
e. Designated parking areas for construction worker
vehicles and for materials storage and assembly shall
be provided. These areas shall be set back as far as
possible from or otherwise shielded from existing
surrounding rural residential neighborhoods.
f. Property owners and residents located within six-
hundred feet (6001 ) of the project site, shall be
notified in writing on a monthly basis of construction
schedules involving major grading, including when
clearing and grading is to begin. The project
developer shall notify adjacent residents and property
owners by Certified Mail-Return Receipt Requested of
the starting date for removal of vegetation and
commencement of site grading. The content of this
required communication shall be approved by the City
Engineer in advance of its mailing and the return
receipts, evidencing United States mail delivery,
shall be provided to the Engineering Department.
g. A construction effects program shall be prepared and
submitted to the City after completion and occupancy
of the first phase of project build out . This program
shall protect, to the degree feasible, new residents
from the impacts of sustained construction.
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Resolution No. 2003-2150
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39. The Applicant shall submit to the City of Moorpark for
review and approval, a rough grading plan, consistent with
the approved Tentative Map, prepared by a Registered Civil
Engineer, shall enter into an agreement with the City of
Moorpark to complete public improvements, and shall post
sufficient surety guaranteeing the construction of all
improvements.
40. The final grading plan shall meet all Uniform Building Code
(UBC) and City of Moorpark standards including slope
setback requirements at lot lines, streets, and adjacent to
offsite lots.
41 . Concurrent with submittal of the rough grading plan a
sediment and erosion control plan shall be submitted to the
City for review and approval by the City Engineer. The
design shall include measures for irrigation and
hydroseeding on all graded areas within thirty (30) days of
completion of grading unless otherwise approved by the City
Engineer. Reclaimed water shall be used for dust control
during grading, if available from Ventura County Waterworks
District No. 1.
42 . This project is projected to import soils onsite.
Import/export operations requiring an excess of one-hundred
(100) total truckloads or one-thousand (1, 000) cubic yards
of material shall require City Council approval prior to
the commencement of hauling or staged grading operations. A
haul route is to be submitted for review and approval by
the City Engineer and Community Development Director.
Additional surety for the cleaning and/or repair of the
streets shall be required as directed by the City Engineer.
43. All requests for staged grading shall be submitted in
writing to the City Engineer for review and approval by the
City Council.
44 . Temporary irrigation, hydroseeding and erosion control
measures shall be implemented on all temporary grading.
Temporary grading is defined to be any grading partially
completed and any disturbance of existing natural
conditions due to construction activity. These measures
will apply to a temporary or permanent grading activity
that remains or is anticipated to remain unfinished or
undisturbed in its altered condition for a period of time
greater than thirty (30) days except that during the rainy
season these measures will be implemented immediately.
45. The maximum gradient for any slope shall not exceed a 2: 1
slope inclination except where special circumstances exist .
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Resolution No. 2003-2150
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In the case of special circumstances where steeper slopes
are warranted a certified soil engineer will review plans
and their recommendations will be subject to the review and
approval of the City Engineer and the Community Development
Director.
46. All graded slopes shall be planted in a timely manner with
groundcover, trees and shrubs that will stabilize slopes
and minimize erosion. The planting will be to the
satisfaction of the Community Development Director and the
City Engineer.
47 . So as to reduce debris from entering sidewalk and streets,
the approved grading plan shall show a slough wall,
approximately eighteen inches (18") high, with curb outlet
drainage to be constructed behind the back of the sidewalk
where slopes exceeding four feet (41 ) in height are
adjacent to sidewalk. The Applicant shall use the City' s
standard slough wall detail during the design and
construction. The City Engineer and Community Development
Director shall approve all material for the construction of
the wall .
48 . Prior to any work being conducted within any State, County,
or City right-of-way, the Developer shall obtain all
necessary encroachment permits from the appropriate
Agencies. Copies of these approved permits will be provided
to the City Engineer.
49. During site preparation and construction, the Applicant
shall minimize disturbance of natural groundcover on the
project site until such activity is required for grading
and construction purposes.
50. During smog season (May-October) the City shall order that
construction cease during Stage III alerts to minimize the
number of vehicles and equipment operating to lower ozone
levels and protect equipment operators from excessive smog
levels. The City, at its discretion, may also limit
construction during Stage II alerts .
51 . If any hazardous waste is encountered during the
construction of this project, all work shall be immediately
stopped and the Ventura County Environmental Health
Department, the Fire Protection District, the Sheriff' s
Department, and the City Engineer shall be notified
immediately. Work shall not proceed until clearance has
been issued by all of these agencies.
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Resolution No. 2003-2150
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52. The Applicant shall utilize all prudent and reasonable
measures (including installation of a six-foot (6' ) high
chain link fence around the construction sites or provision
of a full time licensed security guard) to prevent
unauthorized persons from entering the work site at any
time and to protect the public from accidents and injury.
53. Backfill of any pipe or conduit shall be in four-inch (4")
fully compacted layers unless otherwise specified by the
City Engineer.
54 . Soil testing for trench compaction shall be performed on
all trenching and shall be done not less than once every
two feet (2' ) of lift and one-hundred (100) lineal feet of
trench excavated. Test locations shall be noted using
street stationing with offsets from street centerlines.
55. All vehicles in the construction area shall observe a
fifteen-mile per hour (15 mph) speed limit for the
construction area at all times.
56. During site preparation and construction, the Applicant
shall construct temporary storm water diversion structures
per City of Moorpark standards.
57. The entire site shall be graded at the same time. Pads
shall be graded, planted and landscaped to the satisfaction
of the City Engineer.
58. Prior to submittal of grading plans the Applicant shall
have a geotechnical report prepared to the satisfaction of
the City Engineer.
59. Prior to issuance of a building permit, all habitable
structures shall be designed to current UBC requirements or
the City approved geotechnical report requirements for the
project, whichever standard is most restrictive.
60. Prior to issuance of a building permit, an as-graded
geotechnical report and rough grading certification shall
be submitted to and approved by the City Engineer and
Geotechnical Engineer.
61 . In accordance with Business and Professions Code 8771, the
street improvement plans shall provide for a surveyor' s
statement on the plans, certifying that all recorded
monuments in the construction area have been located and
tied out or will be protected in place during construction.
62. Monuments shall meet the City of Moorpark, County of
Ventura Standards and shall be to the satisfaction of the
City Engineer.
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Resolution No. 2003-2150
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63 . Prior to the issuance of a Zoning Clearance for
construction for each residential unit, the Applicant shall
make a contribution to the Moorpark Traffic Systems
Management (TSM) Fund of one-thousand-five-hundred-eighty-
eight dollars ($1, 568. 00) per residential unit to fund TSM
programs or clean-fuel vehicles programs as determined by
the City. Commencing on January 1, 2005, and annually
thereafter the Air Quality Fee shall be adjusted by any
increase in the Consumer Price Index (CPI) until all fees
have been paid. The CPI increase shall be determined by
using the information provided by the U.S. Department of
Labor, Bureau of Labor Statistics, for all urban consumers
within the Los Angeles/Anaheim/Riverside metropolitan area
during the prior year. The calculation shall be made using
the month of December over the prior month of December. In
the event there is a decrease in the CPI for any annual
indexing, the fee shall remain at its then current amount
until such time as the next subsequent annual indexing
which results in an increase.
64 . As a condition of the issuance of a building permit for
each residential unit, Developer shall pay City a traffic
mitigation fee as described herein ("Citywide Traffic
Fee") . The Citywide Traffic Fee may be expended by the City
in its sole and unfettered discretion. On the effective
date of approval of this map, the amount of the Citywide
Traffic Fee shall be four-thousand-six-hundred-sixty-four
dollars ($4, 664 ) per dwelling unit. Commencing January 1,
2005, and annually thereafter, the Citywide Traffic Fee
shall be increased to reflect the change in the State
Highway Bid Price Index for the twelve (12) month period
that is reported in the latest issue of the Engineering
News Record that is available on December 31 of the
preceding year ("annual indexing") . In the event there is
a decrease in the referenced Index for any annual indexing,
the Citywide Traffic Fee shall remain at its then current
amount until such time as the next subsequent annual
indexing which results in an increase.
65. The Applicant shall contribute to the Los Angeles Avenue
Area of Contribution (AOC) Fee Program. The Los Angeles
Avenue AOC Fee shall be paid in accordance with City
Council adopted AOC fee requirements in effect at the time
of building permit application. The AOC Fee shall be paid
prior to the issuance of Zoning Clearance for each building
permit .
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Resolution No. 2003-2150
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66. Prior to or concurrently with the Final Map and prior to
any construction on State Highways an encroachment permit
shall be obtained from Caltrans. Any additional rights-of-
way required to implement the approved design for this work
in the Caltrans right-of-way, including slope easements for
future grading, shall be acquired by the Applicant and
dedicated to the State in a manner acceptable to Caltrans
and zhe City Engineer. All required dedications shall be
illustrated on the Final Map. Proof of encroachment or
other non-City permits and bonds shall be provided to the
City Engineer prior to the start of any grading or
construction activities.
67 . Prior to or concurrently with the Final Map and prior to
any construction for all streets, except for those under
the jurisdiction of Caltrans, the Applicant shall submit to
the City of Moorpark for review and approval, street
improvement plans prepared by a California Registered Civil
Engineer, enter into an agreement with the City of Moorpark
to complete public improvements, and post sufficient surety
guaranteeing the construction of all improvements. Public
streets shall conform to City of Moorpark requirements
including all applicable ADA requirements. Street
improvements shall be acceptable to the City Engineer and
Community Development Director.
68 . All public and private streets shall conform to the design
requirements of the Ventura County Road Standards (most
recent revision) , unless noted otherwise in the Conditions.
69. The street improvements shall include concrete curb and
gutter, street lights, and signing, striping, interim
striping and traffic control, paving, and any necessary
transitions, to the satisfaction of the City Engineer. The
City Engineer and the Community Development Director shall
approve all driveway locations. The Applicant shall
dedicate any additional right-of-way necessary to make all
of the required improvements.
70. Driveways shall be designed in accordance with the latest
American Public Works Association (APWA) Standards.
71 . Above ground obstructions (utility cabinets, mailboxes,
etc. ) are to be placed within the right-of-way landscaping
areas. When above ground obstructions are to be placed
within the sidewalk, a minimum three and one-half feet
(3. 5' ) clear sidewalk width must be provided around the
obstruction.
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Resolution No. 2003-2150
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72 . The Applicant shall submit wall and landscaping plans
showing that provisions have been taken to provide for and
maintain proper sight distances. All fences, walls and
other structures over six feet (6' ) high are to be
submitted to and approved by the Community Development
Director and the City Engineer.
73. Any right-of-way acquisition necessary to complete the
required improvements shall be acquired by the Applicant at
the Applicant' s expense.
74 . Street lights shall be provided on the improvement plans
per Ventura County Standards and as approved by the City
Engineer. Prior to Final Map recordation, the Applicant
shall pay all energy costs associated with public street
lighting for a period of one year from the acceptance of
the street improvements.
75. Prior to or concurrently with the Final Map the Applicant
shall submit to the City of Moorpark for review and
approval, drainage plans; hydrologic and hydraulic
calculations prepared by a California Registered Civil
Engineer; shall enter into an agreement with the City of
Moorpark to complete improvements; and shall post
sufficient surety guaranteeing the construction of all
improvements.
76. The plans shall depict all on-site and off-site drainage
structures required by the City.
77 . The drainage plans and calculations shall relate to
conditions before and after development. Quantities of
water, water flow rates, major watercourses, drainage areas
and patterns, diversions, collection systems, flood hazard
areas, sumps, sump locations, detention and NPDES
facilities, and drainage courses will be addressed.
78 . Hydrology shall be per the current Ventura County Flood
Control Standards except as follows:
a. All storm drains shall carry a ten-year (10 yr)
frequency storm.
b. All catch basins shall carry a ten-year (10 yr)
frequency storm.
C. All catch basins in a sump condition shall be sized
such that depth of water at intake shall equal the
depth of the approach flows.
d. All culverts shall carry a one-hundred-year (100 yr)
frequency storm.
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Resolution No. 2003-2150
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79. Surface flows shall be intercepted, detained and given
sufficient time to provide storm water clarification by
"passive" BMP systems prior to entering collector or storm
drain systems.
80. Under a ten-year (10 yr) frequency storm, local,
residential and private streets shall have one dry travel
lane available on interior residential streets. Collector
streets shall have a minimum of one dry travel lane in each
direction.
81. "After-development" drainage to adjacent parcels shall not
be increased above "Pre-development" drainage quantities
nor will surface runoff be concentrated by this
development. All drainage measures necessary to take care
of storm water flows shall be provided to the satisfaction
of the City Engineer.
82. Drainage grates shall not be used at any location
accessible by pedestrian, bicycle or equestrian traffic.
83. Prior to the issuance of a Zoning Clearance for filing of a
Final Map or the issuance of a Grading Permit (whichever
comes first) , the applicant shall prepare engineering plans
to the satisfaction of the City Engineer and the Community
Development Director showing the grade and the vertical and
horizontal alignment of a bridge to cross Walnut Canyon
Road needed for construction of the North Hills Parkway.
84 . The grading plan shall also show contours indicating the
fifty- and one-hundred-year (50 & 100 yr) flood levels.
85. All flows that have gone through flow attenuation and
clarification by use of acceptable BMP systems and are
flowing within brow ditches, ribbon gutters, storm drain
channels, area drains and similar devices shall be
deposited directly into the storm drain system and shall be
restricted from entering streets. If necessary, the storm
drain system shall be extended to accept these flows. Both
storm drains and easements outside the public right-of-way
are to be privately maintained unless otherwise approved by
the City Council.
86. Concrete surface drainage structures exposed to the public
view, shall be tan colored concrete, as approved by the
Community Development Director, and to the extent possible
shall incorporate natural structure and landscape to reduce
their visibility.
87 . In order to comply with California Regional Water Quality
Control Board requirements no curb outlets will be allowed
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Resolution No. 2003-2150
Page 33
for pad drainage onto the street. The Applicant shall
inform all new and future homeowners that future
improvements such as pool construction or other private
improvements require observance of the same requirements.
This notification agreement shall be acknowledged by each
homeowner and recorded with each.
88. Drainage devices for the development shall be designed and
installed with all necessary appurtenances to safely
contain and convey storm flows to their final point of
discharge to the satisfaction of the City Engineer.
89. A hydraulic/hydrologic study shall be prepared which
analyzes the hydraulic capacity of the drainage system,
with and without the storm drain system for the proposed
development. The Applicant shall make any downstream
improvements, required by the City, to support the proposed
development.
90. Improvements shall be constructed to detain drainage on-
site when the drainage amount is between the ten-year and
fifty-year storm event. A rainfall intensity Zone K shall
be utilized in the design unless alternate design intensity
is approved by the City Engineer.
91 . Prior to the issuance of a grading permit the Applicant
shall demonstrate, for each building pad within the
development area, that the following restrictions and
protections can be put in place to the satisfaction of the
City Engineer:
a. Adequate protection from a one-hundred-year (100 yr)
frequency storm.
b. Feasible access during a fifty-year (50 yr) frequency
storm.
C. Hydrology calculations shall be per current Ventura
County Flood Control Standards.
d. All structures proposed within the one-hundred-year
(100 yr) flood zone shall be elevated at least one
foot above the one-hundred-year (100 yr) flood level.
92. The Applicant shall provide for all necessary on-site and
off-site storm drain facilities to the satisfaction of the
City Engineer to accommodate upstream and on-site flows.
Facilities, as shown on existing drainage studies and
approved by the City Engineer, shall be delineated on the
final drainage plans. Either on-site detention basins or
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Resolution No. 2003-2150
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storm water acceptance deeds from off-site property owners
must be specified.
93. The design of the storm drain system shall provide for
adequate width easements for future maintenance and
reconstruction of facilities particularly those facilities
that are deeper than eight feet (8' ) . In addition all
facilities shall have all-weather vehicular access. This
design shall be to the satisfaction of the City Engineer.
94 . Engineering and geotechnical reports shall be provided to
prove, to the satisfaction of the City Engineer, that all
"passive" NPDES facilities meet their intended use and
design. These facilities shall meet the minimum
requirements relating to water retention and clarification.
95. The Applicant shall demonstrate and certify to the
satisfaction of the City Engineer that all existing storm
drain culverts within the site shall perform in an
acceptable manner based on their intended design and the
proposed increase/decrease of loading conditions,
introduction of surface water within subsurface areas that
may affect the culvert and proposed construction. This
especially includes cast-in-place concrete pipe (CIPP) .
96. Prior to the issuance of any construction/grading permit
and/or the commencement of any clearing, grading or
excavation, the Applicant shall submit a Storm Water
Pollution Control Plan (SWPCP) to be developed and
implemented in accordance with requirements of the Ventura
Countywide Storm Water Quality Management Program, NPDES
Permit No. CAS004002, to the satisfaction of the City
Engineer.
97. Prior to the issuance of any construction/grading permit
and/or the commencement of any clearing, grading or
excavation, the Applicant shall also submit a Notice of
Intent (NOI) to the California State Water Resources
Control Board, Storm Water Permit Unit in accordance with
the NPDES Construction General Permit (No. CAS000002) :
Waste Discharge Requirements for Discharges of Storm Water
Runoff Associated with Construction Activities) . The
Applicant shall comply with all requirements of this
General Permit including preparation of a Storm Water
Pollution Prevention Plan (SWPPP) .
98. The Applicant shall obtain a permit from the State Water
Resources Control Board for "All storm water discharges
associated with a construction activity where clearing,
grading, and excavation results in land disturbances of one
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Resolution No. 2003-2150
Page 35
or more acres. " The Applicant shall submit a copy of the
Notice of Intent (NOI) to the City Engineer' s office as
proof of permit application.
99. The Applicant shall also comply with NPDES objectives as
outlined in the "Storm Water Pollution Control Guidelines
for Construction Sites. "
100 . Prior to Final Map approval, the Applicant shall provide
facilities to comply with NPDES requirements. Runoff from
developed areas shall be diverted to detention basins,
"passive-devices" or other passive Best Management
Practices (BMP' s) to the satisfaction of the City Engineer.
A California registered civil engineer shall propose and
design these devices as part of the drainage improvement
plans for the project. Provisions shall be made by the
Developer to provide for maintenance in perpetuity.
101 . Prior to City issuance of the initial grading permit, the
Applicant shall obtain all necessary NPDES related permits.
The grading permits issued for the development shall
require Applicant to provide schedules and procedures for
onsite maintenance of earthmoving and other heavy equipment
and documentation of proper disposal of used oil and other
lubricants. The onsite maintenance of all equipment that
can be performed offsite will not be allowed.
102 . Prior to the starting of grading or any ground disturbance
the Applicant shall designate a full-time superintendent
for NPDES compliance. The NPDES superintendent shall be
present on the project site Monday through Friday and on
all other days when the probability of rain is forty
percent (40%) or higher and prior to the start of and
during all grading or clearing operations until the release
of grading bonds. The NPDES superintendent shall have full
authority to hire personnel, bind the Applicant in
contracts, rent equipment and purchase materials to the
extent needed to effectuate Best Management Practices. The
NPDES superintendent shall provide proof to the City
Engineer of attendance and satisfactory completion of
courses satisfactory to the City Engineer totaling no less
than eight (8) hours directed specifically to NPDES
compliance and effective use of Best Management Practices.
Proof of such attendance and completion shall be provided
to the City Engineer prior to employment to the NPDES
superintendent . In addition, an NPDES superintendent shall
be employed to assume NPDES compliance during the
construction of streets, storm drainage systems, all
utilities, buildings and final landscaping of the site.
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Resolution No. 2003-2150
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103. If any of the improvements which the Applicant is required
to construct or install is to be constructed or installed
upon land in which the Applicant does not have title or
interest sufficient for such purposes, the Applicant shall
do all of the following at least sixty (60) days prior to
the filing of the Final Map for approval pursuant to
Governmental 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 the
purposes as provided in Governmental Code Section
66462. 5.
b. Supply the City with: (i ) a legal description of the
interest to be acquired, (ii) a map or diagram of the
interest to be acquired sufficient to satisfy the
requirements of subdivision (e) of Section 1250. 310 of
the Code of Civil procedure, (iii) a current appraisal
report prepared by an appraiser approved by the City
which expresses an opinion as to the fair market value
of the interest to be acquired, and (iv) a current
Litigation Guarantee Report .
C. Enter into an agreement with the City, guaranteed by
such cash deposits or other security as the City may
require, pursuant to which the Applicant will pay all
of the City' s cost (including, without limitation,
attorney' s fees and overhead expenses) of acquiring
such an interest in the land.
104 . Prior to the issuance of a building permit for the first
residence a copy of the recorded Map (s) shall be forwarded
to the City Engineer for filing, and a final grading
certification shall be reviewed and approved by the City
Engineer.
105. Prior to acceptance of public improvements and bond
exoneration reproducible centerline tie sheets shall be
submitted to the City Engineer' s office.
106. Prior to acceptance of public improvements and bond
exoneration sufficient surety in a form and in an amount
acceptable to the City guaranteeing the public improvements
shall be provided, and shall remain in place for one year
following acceptance by the City.
107 . Prior to acceptance of public improvements and bond
exoneration original "as built" plans shall be certified by
the Applicant' s Registered Civil Engineer and submitted
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Resolution No. 2003-2150
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with two sets of blue prints to the City Engineer' s office.
These "as built" plans shall incorporate all plan
revisions. Although grading plans may have been submitted
for checking and construction on sheets larger than 22" X
36", they shall be resubmitted as "record drawings" in a
series of 22" X 36" mylar sheets (made with proper
overlaps) with a title block on each sheet. Submission of
"as built" plans is required before a final inspection is
scheduled. Electronic files shall be submitted for all
improvement plans in a format to the satisfaction of the
City Engineer. in addition, Developer shall provide an
electronic file update on the City' s Master Base Map
electronic file, incorporating all storm drainage, water
and sewer mains, lines and appurtenances and any other
utility facility available for this project .
C. For compliance with the following conditions please contact
the Ventura County Fire Protection District:
108. Prior to combustible construction, an all weather access
road/driveway suitable for use by a twenty-ton (20-ton)
Ventura County Fire Protection District (Fire Protection
District) vehicle shall be installed.
109. All access roads/driveways shall have a minimum vertical
clearance of thirteen feet six inches (13' 6") .
110. Approved turnaround areas for fire apparatus shall be
provided when dead-end Fire Protection District access
roads/driveways exceed one-hundred-fifty feet (150' ) .
Turnaround areas shall not exceed a two and one-half
percent (2. 55) cross slope in any direction and shall be
located within one-hundred-fifty feet (150' ) of the end of
the access road/driveway.
111 . Public and private roads shall be named if serving more
than four (4) parcels.
112. Prior to recordation of street names, proposed names shall
be submitted to the Fire Protection District 's
Conununications Center for review.
113. Street name signs shall be installed in conjunction with
the road improvements. The type of sign shall be in
accordance with City of Moorpark Road Standards.
114 . Address numbers, a minimum of four inches (4") high, shall
be installed prior to occupancy, shall be of contrasting
color to the background, and shall be readily visible at
night. Where structures are set back more than one-
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Resolution No. 2003-2150
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hundred-fifty feet (150' ) from the street, larger numbers
will be required so that they are distinguishable from the
street . In the event, the structure (s) is not visible from
the street, the address number (s) shall be posed adjacent
to the driveway entrance.
115. Prior to or concurrently with the submittal of plans for
building permits, a plan shall be submitted to the Fire
Protection District for review and approval indicating the
method in which buildings are to be identified by address
numbers.
116. Prior to construction, the Applicant shall submit plans to
the Fire Protection District for placement of fire
hydrants. On plans, show existing hydrants within five-
hundred feet (500' ) of the development. Indicate the type
of hydrant, number and size of outlets.
117 . Prior to combustible construction, fire hydrants shall be
installed and in service and shall conform to the minimum
standards of the Ventura County Water Works Manual .
118 . Prior to occupancy of any structure, blue reflective
hydrant location marketers shall be placed on the access
roads in accordance with Fire Protection District
standards. If the final asphalt cap is not in place at
time of occupancy, hydrant location markers shall still be
installed and shall be replaced when the final asphalt cap
is completed.
119. Prior to map recordation, the Applicant shall provide to
the Fire Protection District, verification from the water
purveyor that the purveyor can provide the required fire
flow of one-thousand (1, 000) gallons per minute at twenty
(20) psi .
120. A copy of all recorded maps shall be provided to the Fire
Protection District within seven (7) days of recordation of
said map.
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Resolution No. 2003-2150
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D. For compliance with the following conditions please contact
the Ventura County Waterworks District No. 1:
121 . Prior to issuance of a building permit, provide Ventura
County Waterworks District the following:
a. Water and sewer improvement plans in the format
required.
b. Hydraulic analysis by a registered Civil Engineer to
determine the adequacy of the proposed and existing
water and sewer lines .
C. Copy of approval of fire hydrant locations by County
of Ventura Fire Protection District.
d. Copy of Release from Calleguas Municipal Water
District.
e. Cost estimates for water and sewer improvements.
f. Fees: Plan check, construction inspection, capital
improvement charge, sewer connection fee and water
meter charge.
g. Signed Contract to install all improvements and a
Surety Bond.
E. For compliance with the following conditions please contact
the Ventura County Flood Control District:
122. No direct storm drain connections to Ventura County Flood
Control District facilities shall be allowed without
appropriate Best Management Practices (BMP' s) for
compliance with Ventura Countywide Stormwater Program.
123. Cross Connection Control Devices: At the time water
service connection is made, cross connection control
devices shall be installed on the water system in a manner
approved by the County Waterworks District No. 1 .
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Resolution No. 2003-2150
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EXHIBIT B
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 1998-02
SPECIAL CONDITIONS
1 . Prior to issuance of Zoning Clearance for the first
residential unit, the Applicant shall contribute thirty-
thousand dollars ($30, 000) for funding endangered wildlife
species breeding, predator trapping, or other support
programs in the open space easement area as required by the
U. S. Fish and Wildlife Service. This contribution shall be
coordinated with the U.S. Fish and Wildlife Service and be
made to an appropriate private conservation institution
upon approval of the U. S. Fish and Wildlife Service.
Evidence of contribution approved by the service shall be
presented to the City prior to the issuance of building
permits.
2 . Prior to the issuance of a Zoning Clearance for
construction, the Applicant shall contribute fifteen-
thousand dollars ($15, 000) towards the City' s sensitive
species research program (established as a component of the
Open Space Trust Fund related to maintenance of the Open
Space, Conservation and Recreation Element and related
programs) .
3. The SunCal architectural booklet titled Vistas at Moorpark
Design Guidelines, dated July 9, 2001 (revised July 2003) ,
Exhibit "A" (as amended in Special Conditions herein) ,
shall form the basis of the evaluation of architectural
treatment to be incorporated on each residential structure
for permit issuance. At a minimum, the pen and ink drawings
that have depicted the respective architectural style and
sub-style shall be incorporated in the project as presented
in the architectural manual .
4 . The following changes to the Vistas at Moorpark Design
Guidelines, dated July 9, 2001 (revised July 2003) , shall
be incorporated by the Applicant and new copies of the
guidelines submitted to the Community Development Director,
prior to building plan check for the first building permit
on the project :
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Resolution No. 2003-2150
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a. Adjoining residential units may not have the same
floor plan or elevation.
b. Compatibility of Changes to Plans: No expansion,
alteration or change in architectural elements that is
visible from any abutting street shall be allowed,
unless in the judgment of the Community Development
Director it is compatible with all dwellings having
frontage on the same street and located within two-
hundred feet (200' ) of the side property line of the
structure proposed for expansion or alteration.
C. All facilities and uses other than those specifically
requested in the application are prohibited unless an
application for a modification has been approved by
the City of Moorpark. Any minor changes to this permit
shall require the submittal of an application for a
Permit Adjustment and any major changes to this permit
shall require the submittal of a Modification.
d. A minimum of three (3) architectural styles shall be
included in the tract, and a minimum of three (3) sub-
styles (color & material scheme) shall be included in
the architectural styles.
e. No more than forty percent (40%) , but no less than
twenty five percent (25%) , of the dwellings shall be
represented by any one of the architectural styles and
no sub-style shall be represented by more than forty
percent (40%) of the maximum number of dwellings
allowed for the primary architectural style.
f. The roof design for all structures as viewed from any
street outside of the project (including Walnut Canyon
Road and North Hills Parkway) shall be varied unit by
unit which may be accomplished through the use of at
least one (1) of the following: alternative roof
designs; alternative materials and colors; a
combination roof design such as hip and gable; the use
of dormer details; or by adjusting the plotting of the
building to the satisfaction of the Community
Development Director.
g. Not more than forty percent (40%) of the units on any
block face shall have the same architectural plan and
elevation. This prohibition shall not apply to areas
which are required to be single story units. It is
the intent of the Planning Commission that no
combination of floor plan, architectural style, and
sub-style be over-represented within the development.
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Resolution No. 2003-2150
Page 42
h. The Community Development Director shall have the
authority to make changes to building architecture
consistent with each established architectural scheme,
in order to achieve a higher level of fire resistance.
i . Accessory buildings over one-hundred-twenty square
feet (120 s. f. ) in area or which require a building
permit may be located only in rear yard areas and must
be of an architectural style and color and constructed
of materials consistent with the main structure.
j . Garden walls and fencing to a maximum height of
thirty-six inches (36") may be placed in front yard
setback areas provided that they are architecturally
consistent with the main building as approved by the
Community Development Director.
k. All property line walls or fences shall be constructed
of masonry, stone or concrete products and be in earth
tone colors, except for interior view lots where
wrought iron and masonry or stone pilasters may be
used as determined and approved by the Community
Development Director.
1 . All walls at the side yard return (side property line
to main building) or on a corner lot that are visible
from any street, shall be constructed of masonry,
stone or concrete products, or wrought iron and shall
be architecturally consistent with the main building
to the satisfaction of the Community Development
Director.
M. Garages shall maintain a clear unobstructed dimension
of twenty feet (20' ) in length and ten feet (10' ) in
width for each parking stall provided with a minimum
of two (2) garage-parking stalls required for each
dwelling unit.
n. Rain gutters and downspouts shall be provided on all
sides of the structure for all structures where there
is a directional roof flow. Water shall be conveyed to
the street or drives in non-corrosive devices as
determined by the City Engineer.
o. All residential units shall be constructed employing
energy saving devices.
P. A mix of residential units of single-story and two-
story design shall be determined by the Community
Development Director. The target shall be a
percentage of single story units in the range of 30-40
46
Resolution No. 2003-2150
Page 43
percent at the discretion of the Community Development
Director.
q. Accessory buildings may not have a height (measured at
highest point of structure) greater than twelve (12' )
feet.
5. A minimum one-thousand square foot (1, 000 s. f. ) club house,
swimming pool and separate wading pool, and the landscaping
within the paseos and park lots must be constructed and
capable of homeowner use prior to or concurrent with the
final inspection of the thirtieth residential structure.
The Homeowners' Association shall contract for separate
solid waste service at this location.
6. A deed restriction shall be recorded in favor of the City
to irrevocably limit residential units on lots 27-31 to one
(1) story in height as defined by the Vistas at Moorpark
Design Guidelines, dated July 9, 2001 (revised July 2003) .
Each buyer shall sign an acknowledgement statement
indicating that this deed restriction has been explained to
them. A copy of the acknowledgement shall be provide to
the Community Development Director and shall be filed with
each building permit.
7 . Accessory buildings may not have a height (measured at
highest point of structure) greater than twelve (12' ) feet.
8. Hot water solar panel stub-outs shall be provided.
9. The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
permittee or owner shall be required to remedy any defects
in ground maintenance, as indicated by the Code Enforcement
Officer within five (5) days after notification.
10. The purchasers of each property along the northern boundary
of the tract (Lots 1, 2, 90-94, and 108-110) shall be
provided with notification, and shall acknowledge in
writing, the disclosure that North Hills Parkway is a
planned major arterial highway within the City of Moorpark,
and that traffic and noise levels significantly in excess
of those at the time of purchase can be expected in the
future. The applicant shall provide the Community
Development Director with a copy of the signed
acknowledgement prior to the close of escrow for each of
the aforementioned lots.
11 . In the event that cable television services or their
equivalent are provided to the project under collective
47
Resolution No. 2003-2150
Page 44
arrangement or any collective means other than by a City
Cable Franchisee (including, but not limited to,
programming provided over a wireless or satellite system
contained within the project) , the entity responsible for
the provision of such service shall pay monthly to the City
an access fee of five percent (5%) of gross revenue
generated by the provision of those services, or the
highest franchise fee required from any City Cable
Franchisee, whichever is greater. "Gross Revenue" is
defined in Chapter 5. 06 of the Moorpark Municipal Code and
any successor amendment or supplementary provision thereto.
In the event that cable television services are provided to
the project by any other means than by a City Cable
Franchisee, the City' s government channel shall be
available to all units as part of any such service on the
same basis as if the project was served by a City Cable
Franchisee.
12 . Prior to issuance of the first. Zoning Clearance for
building permit, the applicant shall pay to fund a crossing
guard position for a total of 5 years, including City
overhead and supervision costs. The amount to be paid
shall be $75, 000. 00, and if not paid by January 1, 2006,
shall be increased by I- % per month until paid.
13. The applicant shall provide conduits and flashing to allow
for the future installation of photovoltaic systems on all
units within Tract 5130, and shall comply with any policy
on provision of solar energy systems which may be adopted
by the City of Moorpark prior to the approval of the Final
Map.
14 . Prior to the approval of the Final Map, the applicant shall
create a landscape maintenance district to provide the
perpetual maintenance for landscaping improvements provided
by the applicant along Walnut Canyon Road, Wicks Road, and
North Hills Parkway.
15. Residential Planned Development No. 1998-02 shall be deemed
approved thirty (30) days following the second reading of
the ordinance approving Zone Change No 1998-01 .
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Resolution No. 2003-2150
Page 45
STANDARD CONDITIONS
A. For compliance with the following conditions please contact
the Community Development Department:
1 . The Residential Planned Development permit is granted for
the land and project as identified on the entitlement
application form and as shown on the plot plans and
elevations incorporated herein by reference as Exhibit "A" .
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 in the following
conditions.
2. All conditions of Tentative Tract Map 5130 shall apply to
this residential planned development permit.
3. Unless the Residential Development Permit is inaugurated
(building foundation slab in place and substantial work in
progress) not later than three (3) years after this permit
is granted, this permit shall automatically expire on that
date. The Community Development Director may, at his/her
discretion, grant up to two (2) one (1) year extensions for
project inauguration if there have been no changes in the
adjacent areas and if Applicant can document that he/she
has diligently worked towards inauguration of the project
during the initial three-year period and the Applicant has
concurrently requested a time extension to the tentative
tract map. The request for extension of this entitlement
shall be made at least thirty (30) days prior to the
expiration date of the permit.
4 . CC&R' s and Landscaping Easement Requirements: Covenants,
Conditions and Restrictions (CC&R' s) and by-laws
establishing one or more Homeowners' Associations for the
residential development shall be prepared. The CC&R' s shall
identify all Common Maintenance Areas including maintenance
of all hiking trails, open space lots, parkway landscaping
for all streets, any shared driveways, storm drains, any
fencing or walls within common maintenance areas,
recreational areas, and any slope directly affecting
drainage or residential street facilities. The draft CC&R' s
shall be submitted to the Community Development Director
and the City Attorney for review and approval prior to
approval of the first phase of the Final Map by the City
Council and the subdivider shall be required to pay all
costs associated with such review. All applicable Tentative
Map, Residential Planned Development (RPD) and Development.
Agreement conditions of approval shall be highlighted in
49
Resolution No. 2003-2150
Page 46
the copies of the CC&R' s submitted for City review. Prior
to the sale of any lots, the CC&R' s shall be approved by
the State Department of Real Estate and then recorded.
Approval of the City shall not be construed to mean that
the City has any obligation to enforce CC&R' s. The
Homeowners' Associations may modify the CC&R' s only to the
extent that they do not conflict with the terms of approval
of the Tentative Tract Map, approved Residential Planned
Development Permit or the approved Development Agreement.
Sixty (60) days notice must be given to the City of the
intent to modify CC&Rs. Further, it is the sole
responsibility of the Homeowners' Association to enforce
the CC&Rs.
5. The CC&R' s shall contain language indicating that where
feasible, the use of recycled materials shall be included
in the construction of the project.
6. The CC&R' s shall contain provisions that the Homeowners'
Association shall be responsible for implementing and
maintaining the vegetation management requirements within
the fuel modification zones in perpetuity. As required by
the Fire Protection District fuel modification zones are
proposed to be retained in as natural a state as safety and
fire regulations will permit. The zones shall be designed
by and planted under the supervision of a landscape
architect with expertise in native plant materials, with
the approval of the Community Development Director, to
appear as a transition between the built environment and
natural open space. Final approval of this Program by the
County Fire Protection District and Community Development
Director shall be required prior to the recordation of the
Final Map. Appropriate language shall be included on the
Final Map indicating the boundary of all areas of fuel
modification hazard zones .
7. Prior to occupancy of each dwelling unit, the Applicant
shall install front yard landscaping as approved on the
landscape plans.
8 . No expansion, alteration or change in architectural
elements that are visible from any abutting street shall be
allowed, unless in the judgment of the Community
Development Director such change is compatible with all
dwellings having frontage on the same street and located
within two-hundred feet (200' ) (or as otherwise determined
by the Community Development Director) of the side property
line of the structure proposed for expansion or alteration,
subject to the review and approval of the Community
50
Resolution No. 2003-2150
Page 47
Development Director consistent with these approved
conditions and Zoning Code requirements.
9. All air conditioning or air exchange equipment shall be
placed at ground level, may not be placed in a sideyard
setback area within fifteen feet (15' ) of an opening window
at ground floor level of any residential structure, and
shall not reduce the required sideyards to less than five
feet (5' ) of level ground.
10. Ali facilities and uses other than those specifically
requested in the application are prohibited unless an
application for a modification is submitted to the
Department of Community Development consistent with the
requirements of the Zoning Code.
11 . Garages shall maintain a clear unobstructed dimension of
twenty feet (20' ) in length and ten feet (10' ) in width for
each parking stall provided with a minimum of two garage-
parking stalls required for each dwelling unit.
12 . Rain gutters and downspout shall be provided on all sides
of the structure for all structures where there is a
directional roof flow. Water shall be conveyed to the
street or drives in non-corrosive devices as determined by
the City Engineer.
13. Prior to the issuance of a Zoning Clearance for
construction, working drawings, grading and drainage plans,
plot plans, final map (if requested by the Community
Development Director) , sign programs, and landscaping and
irrigation plans (three full sets) shall be submitted to
the Community Development Director for review and approval .
14 . Unless otherwise stipulated in the Special Conditions of
Approval, the applicant shall 'be responsible for the
maintenance of any and all parkway landscaping (hereinafter
"Parkway Landscaping") constructed by the project, whether
said Parkway Landscaping is within the street right-of-way
or outside of the street right-of-way. Any Parkway
Landscaping situated outside of the street right-of-way
shall be within a landscape easement (herein "Landscape
Easement") .
15. All required Landscape Easements shall be clearly shown on
the final map (herein "Final Map") .
16. Unless otherwise stipulated in the Special Conditions of
Approval, any median landscaping constructed by the project
shall be maintained by the City as part of an Assessment
District bounded by the properties within Tract No. 5130.
51
Resolution No. 2003-2150
Page 48
An Assessment District shall be formed to fund the City
maintenance costs for any such median landscaping and
funded by the properties within Tract No. 5130.
17 . Unless otherwise stipulated in the Special Conditions of
Approval, Parkway Landscaping shall be maintained by a Home
Owners' Association, a Property Owners' Association or by
the property owner [herein "Private Responsible Party"] . In
such case, any required Landscape Easements, shall be
conveyed to the Private Responsible Party.
18 . Unless otherwise stipulated in the Special Conditions of
Approval, all required on-site drainage improvements and/or
stormwater quality [NPDESI features or facilities (herein
"Drainage Improvements"] shall be maintained by the Private
Responsible Party.
19. When and if stipulated in the Special Conditions of
Approval that certain identified Parkway Landscaping and/or
Drainage Improvements are to be maintained by the City, an
Assessment District shall be formed to fund City costs for
such maintenance. In such event, any required Landscape
Easements or drainage easements for these purposes shall be
conveyed to the City.
20. The City reserves the right to assume the maintenance of
Parkway Landscaping, median landscaping or Drainage
Improvements being maintained by a Private Responsible
Party, should it be determine by the City, at its sole
discretion, that the maintenance being provided by the
Private Responsible Party is inadequate. Accordingly, any
Final Map identifying any Landscape Easement or drainage
easement granted to a Private Responsible Party for such
purpose, shall also be shown on said Final Map as having an
irrevocable offer of dedication to the City. Typically the
City would not accept this irrevocable offer unless and
until the City determined that it was necessary for the
City to assume the maintenance of the facilities within
those easements.
21 . If required by a Special Condition of Approval, an
Assessment District [herein "Back-Up District"] shall be
formed to fund future City costs, should they occur, for
the maintenance of Parkway Landscaping, median landscaping
or Drainage Improvements previously maintained by a Private
Responsible Party and then assumed by the City. If a Back-
Up District is formed, it shall be the intent of the City
to approve the required assessment each year, but to only
levy that portion of the assessment necessary to recover
52
Resolution No. 2003-2150
Page 49
any past City costs or any anticipated City costs for the
following fiscal year. In the event the City is never
required to assume the maintenance of any such improvements
maintained by a Private Responsible Party, the amount of
the annual assessment actually levied upon the affected
properties would be minor amount, possibly zero. The City
shall administer the annual renewal of the Back-Up District
and any costs related to such administration shall be
charged to the Fund established for such district revenues
and expenses.
22. When it has been determined that it is necessary to form an
Assessment District (including a Back-Up District) , the
applicant shall be required to undertake and complete the
following:
a. At least one hundred twenty (120) days prior to the
planned recordation of any Final Map or the issuance
of any zoning clearance for building permit, whichever
comes first; and
b. Submit the final draft plans for any irrigation,
landscaping or Drainage Improvements (herein
"Maintained Areas") to be maintained by the Assessment
District ( including a required Back-Up District) ,
along with any required plan checking fees; submit a
check in the amount of $5, 000 as an advance to cover
the cost of Assessment Engineering for the formation
of the Assessment District (Note: Developer shall be
required to pay for all final actual assessment
engineering costs related to the Assessment District
formation) ; and
C. At least sixty (60) days prior to the planned
recordation of any Final Map or the issuance of any
zoning clearance for building permit, whichever comes
first, submit to the City the completed, "City
approved" plans for the Maintained Areas (landscaping,
irrigation and NPDES Drainage Improvements) ; and
d. Prior to the planned recordation of any Final Map or
the issuance of any zoning clearance for building
permit, whichever comes first, submit to the City a
signed Petition and Waiver requesting formation of the
Assessment District. Note: The Petition and Waiver
shall have attached to it as Exhibit `A' the City
approved final draft Engineer' s Report prepared by the
Assessment Engineer retained by the City. )
53
Resolution No. 2003-2150
Page 50
B. For compliance with the following conditions please contact
the Engineering Division:
23. The City Engineering conditions of approval for Tentative
Tract Map No. 5130 apply to Residential Planned Development
Permit No. 2003-01 .
C. For compliance with the following conditions please contact
the Ventura County Fire Protection District:
24 . All conditions of Tentative Tract Map 5130 shall apply.
D. For compliance with the following conditions please contact
the Ventura County Waterworks District No. 1:
25. All conditions of Tentative Tract Map 5130 shall apply.
E. For compliance with the following conditions please contact
the Police Department:
26. Prior to issuance of building permits for either the
residential or recreational components of the project, the
Police Department shall review development plans for the
incorporation of defensible space concepts to reduce
demands on police services. To the degree feasible, public
safety planning recommendations shall be incorporated into
the project plans. The Applicant shall prepare a list of
project features and design components that demonstrate
responsiveness to defensible space design concepts. Review
and approval by the Police Department of all defensible
space design features incorporated into the project shall
occur prior to initiation of the building plan check
process.
F. For compliance with the following conditions please contact
the Moorpark Unified School District:
27 . Prior to issuance of building permits for the residential
units, all legally mandated school impact fees applicable
at the time of issuance of a building permit shall be paid
to the Moorpark Unified School District.
-End-
54
Resolution No. 2003-2150
Page 51
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of
Moorpark, California, do hereby certify under penalty of perjury
that the foregoing Resolution No. 2003-2150 was adopted by the
City Council of the City of Moorpark at a regular meeting held
on the 17th day of December, 2003, and that the same was adopted
by the following vote:
AYES: Councilmembers Harper, Millhouse, Parvin and
Mayor Hunter
NOES: Councilmember Mikos
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 8th
day of January, 2004 .
Deborah S. Traffensted , City Clerk
(seal)
E
55
RESOLUTION NO. 2008-2767
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING MODIFICATION
NO. 1 TO VESTING TENTATIVE TRACT MAP NO. 5130
AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT
NO. 1998-02, TO EXTEND THE TIMING OF CERTAIN
IMPROVEMENTS AND THE TERM OF THE RESIDENTIAL
PLANNED DEVELOPMENT PERMIT FOR THE VISTAS AT
MOORPARK PROJECT, LOCATED EAST OF WALNUT
CANYON ROAD AND NORTH OF WICKS ROAD, ON THE
APPLICATION OF SAGE COMMUNITY GROUP ON
BEHALF OF MOORPARK 150 LLC
WHEREAS, on October 28, 2008, Sage Community Group, on behalf of
Moorpark 150, LLC, requested a modification to the Conditions of Approval for Vesting
Tentative Tract Map No. 5130 and Residential Planned Development Permit No. 1998-
02, to extend the timing for certain improvements and the term of the Residential
Planned Development Permit; and
WHEREAS, at a duly noticed public hearing held on November 19, 2008, the City
Council considered the agenda report and any supplements thereto and any written
public comments; opened the public hearing, took and considered public testimony both
for and against the proposal, closed the public hearing, and reached a decision on this
matter; and
WHEREAS, the City Council concurs with the Planning Director's determination
that the Mitigated Negative Declaration adopted by the City Council for this project is
applicable to the modification and no further environmental documentation is required.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. PERMIT MODIFICATION FINDINGS: Based upon the information
set forth in the staff report(s), accompanying studies, and oral and written public
testimony, the City Council finds in accordance with City of Moorpark, Municipal Code
Section 17.44.100.A.2, that the change in the timing of improvements and term of the
entitlement is not a substantial or fundamental change in the approved entitlement or
use relative to the permit, would not have a substantial adverse impact on surrounding
properties, and would not change any findings contained in the Mitigated Negative
Declaration adopted for the project.
SECTION 2. CITY COUNCIL APPROVAL: The City Council approves
Modification No 1. to Vesting Tentative Tract Map No. 5130 and Residential Planned
Development Permit No. 1998-02, subject to the Conditions of Approval included in
Exhibit A, attached hereto and incorporated herein by reference.
CC ATTACHMENT 3 56
Resolution No. 2008-2767
Page 2
SECTION 3. The City Cl shall certify to the a option of this resolution and
shall cause a certified resolution o be filed in the book of o iginal resolutions.
PASSED AND ADOP D this 19th day of Novemb r, 2
to or
ATTEST:
Maureen Benson, Assistant City Clerk
Exhibit A- Conditions of Approval for Modification No. 1 to Vesting Tentative Tract
Map No. 5130 and Residential Planned Development Permit No. 1998-02
57
Resolution No. 2008-2767
Page 3
EXHIBIT A
CONDITIONS OF APPROVAL
FOR
MODIFICATION NO. 1
TO
VESTING TENTATIVE TRACT MAP NO. 5130
AND
RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1998-02
1. All of the original conditions of approval in City Council Resolution Number 2003-
2150 for Vesting Tentative Tract Map No. 5130 and Residential Planned
Development No. 1998-02, are incorporated herein by reference and shall
remain in full force and effect except as specifically modified by this permit.
2. Special Condition Nos. 1, 2, 20, and 49 for Vesting Tentative Tract Map No. 5130
are amended in their entirety to read as follows:
1. Prior to the issuance of a grading permit, the Applicant shall deposit with
the City the sum of $25,000 to be held in trust for open space axquisition
and maintenance as an offset to impacts related to rare plant
communities. This trust fund deposit shall be used at the discretion of the
City for purposes consistent with the intent of the biological resources
mitigation measures in the Final Mitigated Negative Declaration.
Commencing January 1, 2009, and annually thereafter, this fee will be
adjusted by any increase in the Consumer Price Index (CPI) until the fee
has been paid in full. The CPI increase will be determined using the
information provided by the U.S. Department of Labor, Bureau of Labor
Statistics, for all urban consumers within the Los
Angeles/Riverside/Orange County metropolitan area during the prior year.
The calculation will be made using the month of October over the prior
October. In the event there is a decrease in the CPI for any annual
indexing, the fee shall remain at its then current amount until such time as
the next subsequent annual indexing which results in an increase.
2. Venturan Coastal Sage Scrub Community Research Contribution: Prior to
the issuance of a Zoning Clearance for filing of a Final Map, the Applicant
shall pay to the City a contribution of $15,000 and participate in the
Venturan Coastal Sage Scrub Community Research Program.
Commencing January 1, 2009, and annually thereafter, this fee will be
adjusted by any increase in the Consumer Price Index (CPI) until the fee
has been paid in full. The CPI increase will be determined using the
information provided by the U.S. Department of Labor, Bureau of Labor
Statistics, for all urban consumers within the Los
Angeles/Riverside/Orange County metropolitan area during the prior year.
The calculation will be made using the month of October over the prior
October. In the event there is a decrease in the CPI for any annual
58
Resolution No. 2008-2767
Page 4
indexing, the fee shall remain at its then current amount until such time as
the next subsequent annual indexing which results in an increase.
20. Prior to issuance of a Certificate of Occupancy for the 50th dwelling unit or
April 15, 2011, whichever comes first, construction of roadway
improvements to Walnut Canyon Road and overlaying of the pavement on
Wicks Road must be completed to the satisfaction of the City Engineer
and Public Works Director. The improvements along Walnut Canyon
Road associated with the project must cover the full extent of the frontage,
as well as south of the property to Wicks Road, including any standard off-
site transitions determined necessary by City Engineer and Caltrans.
Improvements include, but are not limited to dedication of land to provide
a sixty-four-foot (64') right-of-way, horizontal and vertical realignment of
Walnut Canyon Road in accordance with City and Caltrans standards with
no less than eight-foot (8') paved shoulders, no less than twelve-foot (12')
travel lanes, and no less than twelve-foot (12') turning lanes. A five-foot
(5') wide concrete pedestrian walkway must be installed from the southern
boundary of Tract 5405 along the west side of Walnut Canyon Road. The
pedestrian facilities along the west side of Walnut Canyon Road must be
extended to the north side of the intersection of Walnut Canyon Road and
Casey Road. Pedestrian facilities must meet all City and American
Disabilities Act (ADA) requirements. Crosswalk facilities will be
constructed at Casey Road for pedestrian access to the east side of
Walnut Canyon Road to the satisfaction of the City Engineer. The
developer shall overlay the paving on Wicks Road consistent with city
standards, to the satisfaction of the City Engineer and Public Works
Director prior to issuance of a Certificate of Occupancy of the 50t" dwelling
unit or April 15, 2011, whichever comes first.
49. Prior to the issuance of any residential building permits, the Applicant shall
pay the County Traffic Impact Mitigation Fee in accordance with the
agreement between the City and County.
3. Special Condition Nos. 1 and 2 for Residential Planned Development Permit No.
1998-02 are amended in their entirety to read as follows:
1. Prior to the issuance of a Zoning Clearance for the first residential unit, the
Applicant shall contribute $30,000 for funding endangered wildlife species
breeding, predator trapping, or other support programs in the poen space
easement area as required by the U.S. Fish and Wildlife Service. This
contribution shall be coordinated with the U.S. Fish and Wildlife Service
and be made to an appropriate private conservation institution upon
approval of the U.S. Fish and Wildlife Service. Evidence of contribution
approved by the service shall be presented to the City prior to the
issuance of building permits. Commencing January 1, 2009, and annually
thereafter, this fee will be adjusted by any increase in the Consumer Price
Index (CPI) until the fee has been paid in full. The CPI increase will be
determined using the information provided by the U.S. Department of
Labor, Bureau of Labor Statistics, for all urban consumers within the Los
59
Resolution No. 2008-2767
Page 5
Angeles/Riverside/Orange County metropolitan area during the prior year.
The calculation will be made using the month of October over the prior
October. In the event there is a decrease in the CPI for any annual
indexing, the fee shall remain at its then current amount until such time as
the next subsequent annual indexing which results in an increase.
2. Prior to the issuance of a Zoning Clearance for construction, the Applicant
shall contribute $15,000 towards the City's sensitive species research
program (established as a component of the Open Space Trust Fund
related to the maintenance of the Open Space, Conservation, and
Recreation Element and related programs). Commencing January 1,
2009, and annually thereafter, this fee will be adjusted by any increase in
the Consumer Price Index (CPI) until the fee has been paid in full. The
CPI increase will be determined using the information provided by the U.S.
Department of Labor, Bureau of Labor Statistics, for all urban consumers
within the Los Angeles/Riverside/Orange County metropolitan area during
the prior year. The calculation will be made using the month of October
over the prior October. In the event there is a decrease in the CPI for any
annual indexing, the fee shall remain at its then current amount until such
time as the next subsequent annual indexing which results in an increase.
3. Standard Condition No. 3 for Residential Planned Development Permit No. 1998-
02 is amended in its entirety to read as follows:
3. Unless the Residential Development Permit is inaugurated (first building
foundation slab in place and substantial work in progress) not later than
December 17, 2011, this permit will automatically expire on that date. The
Community Development Director may, at his/her discretion, grant up to
two (2) one (1) year extensions for project inauguration if there have been
no changes in the adjacent areas and if Applicant can document that
he/she has diligently worked towards inauguration of the project and has
concurrently requested a time extension to the tentative tract map (if
necessary). The request for extension of this entitlement must be made at
least thirty (30) days prior to the expiration date of the permit.
- END -
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Resolution No. 2008-2767
Page 6
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, Assistant City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Resolution No. 2008-2767 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
19th day of November, 2008, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Parvin,Van Dam,and Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 3rd day of December, 2008.
Maureen Benson, Assistant City Clerk
(seal)
r
61
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 2
TO VESTING TENTATIVE TRACT MAP NO. 5130, TO EXTEND
THE TIMING OF CERTAIN IMPROVEMENTS FOR THE VISTAS
AT MOORPARK PROJECT, LOCATED EAST OF WALNUT
CANYON ROAD AND NORTH OF WICKS ROAD, ON THE
APPLICATION OF SAGE COMMUNITY GROUP ON BEHALF OF
MOORPARK 150 LLC
WHEREAS, on February 23, 2011, Sage Community Group, on behalf of
Moorpark 150, LLC, requested a second modification to the Conditions of Approval for
Vesting Tentative Tract Map No. 5130 and Residential Planned Development Permit
No. 1998-02, to extend the timing for certain improvements; and
WHEREAS, at a duly noticed public hearing held on April 6, 2011, the City
Council considered the agenda report and any supplements thereto and any written
public comments; opened the public hearing, took and considered public testimony both
for and against the proposal, closed the public hearing, and reached a decision on this
matter; and
WHEREAS, the City Council concurs with the Community Development
Director's determination that the Mitigated Negative Declaration adopted by the City
Council for this project is applicable to the modification and no further environmental
documentation is required.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. PERMIT MODIFICATION FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the City Council finds in accordance with City of Moorpark, Municipal
Code Section 17.44.100.A.2, that the change in the timing of improvements is not a
substantial or fundamental change in the approved entitlement or use relative to the
permit, would not have a substantial adverse impact on surrounding properties, and
would not change any findings contained in the Mitigated Negative Declaration adopted
for the project.
SECTION 2. CITY COUNCIL APPROVAL: The City Council approves
Modification No 2. to Vesting Tentative Tract Map No. 5130 and Residential Planned
Development Permit No. 1998-02, subject to the Conditions of Approval included in
Exhibit A, attached hereto and incorporated herein by reference.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and
CC ATTACHMENT 4
62
Resolution No. 2011-
Page 2
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 6th day of April, 2011.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A - Conditions of Approval for Modification No. 2 to Vesting Tentative Tract
Map No. 5130
\\MOR_PRI_SERV\Department Share\Community Development\DEV PMTS\R P D\1998-02 Vistas
@MRPK(SunCal)\MODIFICATION No.2\RESOLUTION\cc resolution Mod 2 to TR 5130 RPD98-02.doc
63
Resolution No. 2011-
Page 3
EXHIBIT A
CONDITIONS OF APPROVAL
FOR
MODIFICATION NO. 2
TO
VESTING TENTATIVE TRACT MAP NO. 5130
1. All of the original conditions of approval in City Council Resolution No. 2003-2150
for Vesting Tentative Tract Map No. 5130 and Residential Planned Development
No. 1998-02, as modified by City Council Resolution No. 2008-2767, are
incorporated herein by reference and shall remain in full force and effect except
as specifically modified by this permit.
2. Special Condition No. 20 for Vesting Tentative Tract Map No. 5130 is amended
in its entirety to read as follows:
20. Prior to issuance to issuance of the certificate of occupancy for the 1st
dwelling unit, or April 11, 2013, whichever comes first, construction of
roadway improvements to Walnut Canyon Road and overlaying of the
pavement on Wicks Road must be completed to the satisfaction of the City
Engineer and Public Works Director. The improvements along Walnut
Canyon Road associated with the project must cover the full extent of the
frontage, as well as south of the property to Wicks Road, including any
standard off-site transitions determined necessary by City Engineer and
Caltrans. Improvements include, but are not limited to dedication of land to
provide a sixty-four-foot (64') right-of-way, horizontal and vertical
realignment of Walnut Canyon Road in accordance with City and Caltrans
standards with no less than eight-foot (8') paved shoulders, no less than
twelve-foot (12') travel lanes, and no less than twelve-foot (12') turning
lanes. A five-foot (5') wide concrete pedestrian walkway must be installed
from the southern boundary of Tract 5405 along the west side of Walnut
Canyon Road. The pedestrian facilities along the west side of Walnut
Canyon Road must be extended to the north side of the intersection of
Walnut Canyon Road and Casey Road. Pedestrian facilities must meet all
City and American Disabilities Act (ADA) requirements. Crosswalk
facilities will be constructed at Casey Road for pedestrian access to the
east side of Walnut Canyon Road to the satisfaction of the City Engineer.
The developer shall overlay the paving on Wicks Road consistent with city
standards, to the satisfaction of the City Engineer and Public Works
Director prior to issuance of the certificate of occupancy for the 1st
dwelling unit, or April 11, 2013, whichever comes first.
- END -
\\MOR PRI SERV\Department Share\Community Development\DEV PMTS\R P D\1998-02 Vistas
@MRPK(SunCal)\MODIFICATION No.2\RES0LUTI0N\cc resolution Mod 2 to TR 5130 RPD98-02.doc
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