HomeMy WebLinkAboutAGENDA REPORT 2009 1216 CC REG ITEM 08B ITEM 8.13.
CITY OF MOORPARK.CALIFORNIA
City Council Meeting
of
ACTION;
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Planning Director
Prepared by Joseph Fiss, Principal Planner
DATE: November 16, 2009 (CC Meeting of December 16, 2009)
SUBJECT: Consider Modification No. 1 to Residential Planned Development
(RPD) No. 1998-01, a Request to Relocate the Required Recreation
Center from Vesting Tentative Tract Map No. 5425 to Tract Map No.
5133, Located on the South Side of Los Angeles Avenue at Millard
Street, on the Application of Shea Homes, Inc.
SUMMARY
On July 20, 2009 Shea Homes, Inc., submitted an application for a Modification to the
original conditions of approval of RPD No. 1998-01 to relocate the required recreation
center from Vesting Tentative Tract Map No. 5425 to Tract Map No. 5133, located on
the south side of Los Angeles Avenue at Millard Street.
BACKGROUND
The following chronology is provided to show significant events with respect to the
recreation area required for Tract Map No. 5133 since the project was first approved.
October 6, 1999:
The City Council adopted Resolution No. 99-1666 (attached), approving Tentative Tract
Map No. 5133 and RPD No. 1998-01 for 79 residential duplex condominium units on
approximately nine (9) acres, subject to conditions of approval. This project is known as
Canterbury Lane, or "Canterbury 1". The recreation area was approved at the northeast
corner of Majestic Court and "A" Street (now Millard St.), and conditioned for a tot-lot to
be allowed in Arroyo Simi area if permitted by the Ventura County Watershed Protection
District (VCWPD) and Community Development Director. An unnumbered and
unlettered condition was included between Condition No. 33 j and k (Page 52 of
Resolution No. 99-1666) as follows:
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Honorable City Council
December 16, 2009
Page 2
" The size of the recreational area shall be increased pursuant to Staff Altemative "B"
and shall contain a pool minimum surface area of 1,000 sq. ft.), spa, wading pool, deck
area, tot-lot, and building containing restrooms and a meeting room. The design of the
recreation facility, fencing and equipment proposed for the tot-lot shall be as approved
by the Director of Community Development. The tot-lot may be located on Ventura
County Flood Control property if approved by the Ventura County Flood Control District
and the Director of Community Development."
Alternative "B" (Attachment No. 4) showed a recreation area of 95 feet by 70 feet (6,650
square feet), with no on-site parking and did not show the precise location of the tot-lot.
July 17, 2001:
Minor Modification No. 1 was approved by the Community Development Director. No
changes related to recreation area were considered at this time.
June 14, 2002:
Minor Modification No. 2 was approved by the Community Development Director. The
proposed tot-lot in the Arroyo Simi floodway area was not approved by the Ventura
County Flood Control District (now Watershed Protection District) and was relocated
across the street from the recreation area south of Majestic Court, east of "A" Street
(Millard St.) on a 36' by 70' (2,520 square-foot) lot as shown on Attachment No. 5.
Conditions from Minor Modification No. 2 included:
"1. The development shall be in substantial conformance with the plans submitted as
part of the application for Minor Modification 2 to Residential Planned Development
Permit No. 98-1 and Tentative Tract Map No. 5133. Modifications as may be required to
meet specific Code standards or other conditions stipulated herein are allowed."
Part of the request, and shown on plans:
"In lieu of utilizing flood control property for passive recreation, which was denied by the
Ventura County Flood Control District, approval of construction of a 36' by 70' tot-lot
located south of Majestic Court and east of'A"Street."
A precise site plan and design for the recreation area was never presented under this
project revision.
July 2, 2003:
Minor Modification No. 3 was approved by the City Council. The recreation area was
relocated to be in the vicinity of lots 46, 47 and 48 on the northeast corner of Majestic
Court and Millard Street or outside the project boundaries (Attachment No. 6) on what
would become Vesting Tentative Tract Map No. 5425 (Canterbury ll), with precise
siting, subject to the approval of the Community Development Director.
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Conditions from Minor Modification No. 3 included:
"7. For the ultimate development of the project, the recreation area shall be shown
on the approved plans, in the vicinity of lots 46, 47 and 48. Precise siting of the
recreation area will be subject to approval of the Community Development Director. In
the event that there are only twenty-four (24) dwelling units constructed, the applicant
shall provide a recreation area immediately south and adjacent to the twenty-four (24)
dwelling units. The precise design and location shall be to the satisfaction of the
Community Development Director. The applicant shall bond for the cost of construction
of the recreation area."
"8. Prior to the issuance of a building permit for the 41 st dwelling the applicant shall
provide proof to the satisfaction of the Community Development Director, that a
sufficient on- or off-site recreation area will be provided as part of the completion of
RPD No. 1998-01. Approval of an off-site recreation area shall only occur after
approval of the General Plan Amendment, Zone Change, Residential Planned
Development and Tentative Map for the adjacent property."
A precise site plan and design for the recreation area under Minor Modification No. 3
was never submitted as processing of the adjacent Vesting Tentative Tract Map No.
5425 had begun. This new project proposal included a single recreation area to serve
both (then) Tentative Tract Map No. 5133 and Vesting Tentative Tract Map No. 5425.
April 6, 2005:
Residential Planned Development 2003-02 and Vesting Tentative Tract Map No. 5425
were approved by the City Council for 102 dwelling units. This project was intended to
be a continuation of the Canterbury Lane project and was known as "Canterbury II", with
the same product type, and the same Homeowner's Association (HOA).
A condition of approval was included to develop a 15,405 square foot recreation area at
the southeast corner of the site, adjacent to the Arroyo Simi (Attachment No. 7), that
would meet the needs of 179 dwelling units (77 from Canterbury I and 102 from
Canterbury II), and the requirement for a recreation area at Canterbury I would be
satisfied at this location with no further modifications to the conditions of approval.
"3. A Homeowner's Association maintained recreation area shall be provided at the
southeast comer of the site. A recreation building, a swimming pool, and a play area
with equipment shall be required within the recreation area. The final design and
architecture shall be subject to the approval of the Community Development Director
prior to or concurrently with the approval of the landscape plans. Should the recreation
area for Tract No. 5133 be built, it shall remain, and the recreation area for Tract No.
5425 shall also be built in accordance with these conditions of approval."
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At this point, the recreation area and tot lot were no longer reflected on plans for
Canterbury I.
July 27, 2006
An agreement was executed between Shea Homes and the City that allowed the
completion of the first 26 homes in Tract Map No. 5133 while floodplain issues were
being addressed for the rest of the project. The agreement (Attachment 10) called for
Shea to provide a number of improvements as part of this initial phase
April 16, 2008
Vesting Tentative Tract Map No. 5425 (Canterbury II) had the final map extended at the
applicant's request.
June 6, 2008
Zoning clearances for building permits were issued for Phases 3, 4, and 5 in Canterbury
I, which included the 41st permit. At this time, Shea was still moving forward with
development plans for Vesting Tentative Tract Map No. 5425, including the recreation
area to serve both projects. Work included the development of improvement plans, and
stockpiling earth for development of Vesting Tentative Tract Map No. 5425.
November 20, 2008
Zoning Clearances for building permits were issued for Phase 6 in Canterbury I, for a
total of 52 homes.
June 29, 2009
Zoning Clearances for building permits were issued for Phase 7 in Canterbury I, for a
total of 60 homes.
July 17, 2009
A company named Asset Solutions Group contacted City staff regarding the affordable
housing requirements for Tract 5425, the first indication staff received that Tract 5425
was for sale. Up until this point, Shea had indicated that they were working towards
developing Vesting Tentative Tract Map No. 5425 with the recreation area and tot lot to
serve both tracts. At this point, staff indicated that we would not issue any further
permits until the recreation area and tot lot issues were addressed. City staff received
several other inquiries and Shea confirmed that Vesting Tentative Tract Map No. 5425
was for sale.
July 20, 2009
An application for Modification No. 1 to RPD 1998-01 is filed, with a request to relocate
the recreation area and tot lot from Vesting Tentative Tract Map No. 5425 to Tract Map
No. 5133 (Lots 67 & 77). The improvements are proposed to be consistent with the
requirements of original 1999 approval, including a 1,000 sq foot pool, wading pool, spa
and deck area, although in a different location. The tot-lot area is proposed to be
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integrated to recreation area. The overall size of the proposed recreation area is 12,785
square feet.
DISCUSSION
Permit modifications may be considered for any proposed change that is not extensive
enough to be considered 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
environmental documentation prepared for the permit. Action on a permit modification
application is taken by the decision-making body that approved the original permit by
the same process and public noticing as required for the original project application. In
this case, the City Council was the original decision-making body of the RPD, through a
noticed public hearing process.
Because the recreation area for Canterbury I was allowed in the Canterbury II
development, homes have been built in the location originally slated for the recreation
area in Canterbury I. Building permits for these homes were issued prior to Shea's
requested permit modification and the homes have recently been completed. As a
result, Shea is now proposing that the recreation area be located at the extreme
southwestern corner of the project, where homes have not yet been built (Attachment
8A).
Staff has three concerns to be addressed with this modification request, the proposed
location of the recreation area, traffic improvements associated with Vesting Tentative
Tract Map No. 5425, and the effect on the contribution to affordable housing
Recreation Area Location: Staff is concerned with the revised location as it is not
centralized like the original approval and it is not in a very visible location, being at the
very end of Millard Street. In addition, the recreation lot is proposed in an area originally
approved as open space. Shea's proposal would eliminate this approximately 7,400
square-foot open space area, in addition to 2 home sites. Staff recommends that the
recreation area be redesigned and relocated northerly, in the area of lots 70, 71, and 72
(Attachment 8B) in order to be integrated better into the community. This location would
be closest to where the recreation lot was originally approved and more visible to the
community. A condition of approval has been added to the attached resolution
reflecting this requirement. The resolution also requires the recreation area
improvements to be consistent with the original 1999 approval, including a 1,000 sq foot
pool, wading pool, spa and deck area. The tot-lot could be located at the southern end
of Millard Street on a part of the open space area, maintaining most of this area for
open space. The relocation of the recreation area would result in the loss of 3
residential lots, as opposed to 2 residential lots in the proposal by Shea Homes.
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Page 6
An alternative to relocation of the recreation area on the project site is relocation
adjacent to the project site on Vesting Tentative Tract No. 5425, as proposed with Minor
Modification No. 3 and shown on Attachment 6. This approximately 17,000 square-foot
area is bounded by Majestic Court on the south and Fremont Street on the east.
Development plans approved for this area as part of Tentative Tract No. 5425 called for
4 homes. The area is large enough to accommodate the private recreation area and
tot-lot and still have room for 2 homes. Although outside the project boundaries, it still
would be more centrally located than the applicant's proposal. This could be
accomplished through a lot line adjustment and modification to RPD 1998-01.
As a clarification to a statement made by the applicant in Attachment 9, staff had
coordinated with the applicant on the proposed relocation of the recreation area, but did
not indicate support or opposition to the proposal prior to submission of the application,
as the proposal needed to be analyzed more carefully.
Street Improvements: Fremont Street adjacent to this project is a private street with
single-family homes that takes access from Los Angeles Avenue. Fremont Street is
currently owned in fee by Shea Homes as part of the Canterbury II land. Canterbury II
called for improvement of Majestic Court to Fremont Street to allow for Fremont Street
to be closed at Los Angeles Avenue, providing Los Angeles Avenue access for Fremont
Street residents at the Moorpark Avenue or Millard Street intersections farther away
from the busy intersection of Los Angeles Avenue and Spring Road. With the upcoming
widening of Los Angeles Avenue, it is more important that these improvements be made
soon to provide appropriate access to the Fremont Street residents, without waiting for
the future development of Vesting Tentative Tract Map No. 5425. A condition is
included calling for these improvements, including widening of Los Angeles Avenue as
required by Vesting Tentative Tract Map No. 5425, as part of the completion of Tract
Map No. 5133.
It should be noted that the connection of Majestic Court to Fremont Street was already
required as part of a July 27, 2006 agreement between Shea Homes and the City that
allowed the completion of the first 26 homes while floodplain issues were being
addressed for the rest of the project. This connection, along with other provisions in the
agreement (Attachment 10), have not all been completed as required. A condition is
recommended to require completion of all conditions in this agreement prior to the
issuance of any additional building permits.
Affordable Housinq: Residential Planned Development Permit No. 1998-01 was
conditioned to provide 7 homes affordable to low income households and pay in-lieu
fees for 5 homes affordable for very low income households (Condition No. 2 on Page
37 of Resolution No. 99-1666, Attachment No. 3). Two of the low-income affordable
homes have been provided, and two are in escrow, expected to close before the end of
the year. The remaining low-income affordable homes would be built on 3 of the
remaining 17 vacant home sites in the project. It should be noted that one of the sites
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Honorable City Council
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Page 7
approved for an affordable home is adjacent to the area now proposed by the applicant
for the recreation lot. If the recreation area is approved as proposed by the applicant,
this site would be built with a (more expensive) detached home instead of a duplex unit
as originally approved. Shea Homes is therefore asking for the affordable home site to
be relocated where a duplex unit will be built. Since the affordable home was originally
proposed to be a duplex unit, relocation of this affordable home to another duplex unit
would still satisfy the requirements of the Affordable Housing Purchase and Sale
Agreement if Shea's proposed location for the recreation area is approved.
The very-low income housing in-lieu fee was calculated at the time of project approval
to be $60,000 per affordable home ($300,000 total for 5 homes), or $3,797.47 per
building permit for the 79 approved homes. This base number was adjusted to
$3,896.10 per building permit with the execution of the Affordable Housing Purchase
and Sale Agreement in 2006 to account for the redesign of the project to 77 homes.
This in-lieu fee condition included an escalator clause to account for inflation, and the
fee is currently $5,218.34 per building permit. The new recreation area as.proposed by
the applicant would involve the use of two lots previously approved for homes, and as
recommended by staff would involve the use of three lots previously approved for
homes. With the reduction of the project to 75 homes as proposed by the applicant, or
74 homes as recommended by staff, the City would not collect the full amount intended
as part of Resolution No. 99-1666. A condition has been added to collect this fee for a
total of 77 lots as called for in the Affordable Housing Purchase and Sale Agreement
and Agreement Regarding Conditions of Approval (Tract 5133) by and between the City
of Moorpark and Shea Homes, Limited Partnership.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. 2009- , approving Modification No. 1 to Residential
Planned Development (RPD) No. 1998-01 as recommended by staff, subject to
conditions of approval.
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Honorable City Council
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Page 8
ATTACHMENTS.-
1. Location Map
2. Aerial Photograph
3. Resolution No. 99-1666
4. Recreation Area Location as Originally Approved
5. Recreation Area Location As Approved per Minor Modification No. 2
6. Recreation Area Location As Approved per Minor Modification No. 3
7. Recreation Area Location As Approved per Tract 5425
8. Project Plans (Under Separate Cover)
9. November 9, 2009 Letter from Project Applicant
10.Agreement Regarding Conditions of Approval (Tract 5133)
11.Draft Resolution with Conditions of Approval
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RESOLUTION NO 99-1666
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING TENTATIVE TRACT
MAP NO. 5133 FOR A THREE LOT SUBDIVISION AND 79
AIR SPACE CONDOMINIUMS AND RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO. 98-1 FOR 79 RESIDENTIAL
UNITS ON APPROXIMATELY 9.2 GROSS ACRES OF LAND
LOCATED SOUTHERLY OF SR-118 EASTERLY OF
MOORPARK AVENUE, WESTERLY OF SPRING ROAD AND
NORTH OF THE ARROYO SIMI ON THE APPLICATION OF
FAR WEST HOMES, LLC (ASSESSOR'S PARCEL NOS.
506-0-020-48 and 51)
WHEREAS, at a duly noticed public hearing on September 15,
1999, the City Council considered the application filed by Far
West Homes for approval of the following:
Vesting Tentative Tract Map No. 5133 - for a
subdivision of an existing 9.2 gross acres into three
parcels and 80 air space condominiums.
Residential Planned Development Permit No. 98-1- for
approval of a Residential Planned Development
consisting of 80 residential dwelling units.
WHEREAS, at its meeting of September 15, 1999, the City
Council opened the public hearing, took testimony from all those
wishing to testify, and closed the public hearing; and
WHEREAS, the City Council after review and consideration of
the information contained in the City Council staff report, the
Mitigated Negative Declaration and Mitigation Reporting and
Monitoring Program and testimony, and has found that impacts
resulting from this proposed project would not have a
significant effect on the environment; and
WHEREAS, the City Council, after review and consideration
of the information contained in the City Council staff report
for this proposal, and testimony, has made a decision in the
matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby adopts the following
findings:
CC ATTACHMENT 3
24
Resolution No. 99-1666
Page 2
C.E.Q.A. Findings
1. That the Mitigated Negative Declaration/Initial Study for
the project is complete and has been prepared in compliance
with the California Environmental Quality Act (CEQA) , and
CEQA Guidelines, and City policy.
2 . The contents in the Mitigated Negative Declaration/Initial
Study have been considered in the various decisions on
these projects.
3 . In order to reduce the potential adverse impacts of this
project, mitigation measures discussed in the environmental
document have been incorporated into the proposed project.
4. A Mitigation Reporting and Monitoring Program has been
prepared in compliance with Assembly Bill 3180 and
considered in the various decisions regarding these
projects.
Subdivision Map Act Findings
Based on the information set forth above, it is determined that
the Vesting Tentative Tract Map, with imposition of the attached
conditions, meets the requirements of California Government Code
Sections 66473 .5, 66474, 66474 . 6, and 66478 .1 et seq. , in that:
1. The proposed map is consistent with the applicable general
and specific plans.
2 . That the design and improvements of the proposed
subdivision is consistent with the applicable general and
specific plans.
3. The site is physically suitable for the type of development
proposed.
4 . The site is physically suitable for the proposed density of
development.
5. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage.
6. The design of the subdivision and the type of improvements
are not likely to cause serious public health problems.
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Resolution No. 99-1666
Page 3
7. The design of the subdivision and the type of improvements
would not conflict with easements acquired by the public at
large, for access through, or use of the property within
the proposed subdivision.
8. There would 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.
9. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake,
or reservoir.
Residential Planned Development Permit Findings
1. The proposed project is consistent with the intent and
provisions of the City's General Plan and Zoning Ordinance.
2. The proposed project is compatible with the character of
surrounding development.
3. The proposed project would not be obnoxious or harmful, or
impair the utility of neighboring property or uses.
4. The proposed project would not be detrimental to the public
interest, health, safety, convenience, or welfare.
5. The proposed project is compatible with existing and
planned land uses in the general area where the development
is to be located.
6. 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 structure (s) have design
features which provide visual relief and separation between
land uses of conflicting character.
SECTION 2. The City Council does hereby find that the
aforementioned projects will be consistent with the City's
General Plan prior to recordation of the Final Map.
SECTION 3. The City Council adopts the Mitigated Negative
Declaration/Initial Study and Mitigation Monitoring Program and
certifies that the Mitigated Negative Declaration/Initial Study
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Resolution No. 99-1666
Page 4
for the project is complete and has been prepared in compliance
with the California Environmental Quality Act (CEQA) , CEQA
Guidelines, and City policy.
SECTION 4 . That the City Council hereby conditionally
approves Tentative Tract Map No. 5133 for three lots and a
modified Plan (Staff Alternative "B" for a reduced plan of 79
air space condominiums, and Residential Planned Development
Permit No. 98-1 for 79 dwelling units on the application of Far
West Homes, LLC. subject to compliance with the conditions of
approval.
SECTION 5. 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 this 6th day of October, 1999.
KIZMV ,AM
PT trick Hunter, Mayor
ATTEST:
PO
Deborah S. Trafferl9fedt, City Clerk
i
s
ATTACHMENT: Conditions of Approval 6
Mitigation Monitoring Program
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Resolution No. 99-1666
Page 5
CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5133 :
DEPARTMENT OF COMMUNITY DEVELOPMENT:
GENERAL REQUIREMENTS:
Application of City ordinances/Policies
1. The conditions of approval of this Tentative Tract Map and
all provisions of the Subdivision Map Act, City of Moorpark
ordinance and adopted City policies supersede all
conflicting notations, specifications, dimensions, typical
sections and the like which may be shown on said map.
Acceptance of Conditions
2 . Recordation of this subdivision shall be deemed to be
acceptance by the subdivider and his 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 Director of
Community Development.
Expiration of Map
3. This Tentative Tract Map shall expire three years from the
date of its approval . The Director of Community Development
may, at his 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 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 30-days prior to the expiration date of the
permit.
Image Conversion
4 . Prior to recordation, the builder shall provide to the City
an image conversion of building, landscape, public
improvement and site plans into an optical format
acceptable to the City Clerk.
Hold Harmless
5. The subdivider shall defend, indemnify and hold harmless
the City and its agents, officers and employees from any
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Resolution No. 99-1666
Page 6
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 subdivider of any such claim,
action or proceeding, and, if the City should fail to do so
or should fail to cooperate fully in the defense, the
subdivider shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents,
officers and employees pursuant to this condition.
The City may, within its unlimited discretion, participate
in the defense of any such claim, action or proceeding if
both of the following occur:
The City bears its own attorney fees and costs;
The City defends the claim, action or proceeding in good
faith.
The subdivider shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the subdivider. The subdivider's
obligations under this condition shall apply regardless of
whether a final map or parcel map is ultimately recorded
with respect to the subdivision.
Title Report
6. The subdivider shall submit to the Department of Community
Development 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.
Calleguas Release
7. Prior to approval of a Final Map, the subdivider shall
demonstrate by possession of a District Release from the
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the
proposed subdivision have been made. The subdivider shall
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Resolution No. 99-1666
Page 7
comply with Ventura County Waterworks Rules and
Regulations, including payment of all applicable fees.
Unconditional Availability Letter
8. Prior to approval of a Final Map, an unconditional
availability letter shall be obtained from the County
Waterworks District No. 1 for sewer and water service for
each lot. Said letter shall be filed with the Department of
Community Development or, if said Unconditional
Availability Letter in a form satisfactory to the City
cannot be obtained from the County Waterworks District No.
1, the developer shall execute a Subdivision Sewer
Agreement in a form satisfactory to the City. Said
agreement shall permit deferral of unconditional guarantee
for sewer and water service until issuance of a building
permit for each lot in the subdivision. Said agreement
shall include language holding the City harmless against
damages in the event of the ultimate lack of adequate water
or sewer service.
Cross Connection Control Devices
9. 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.
Surety Bond for Utilities
10. Prior to approval of a final map, the subdivider shall post
sufficient surety bond to assure that all proposed utility
lines within and immediately adjacent to the project site
shall be placed underground to the nearest off-site utility
pole. Prior to the issuance of an occupancy permit for the
last house in the tract, all existing utilities shall also
be undergrounded to the nearest off-site utility pole with
the exception of 66 KVA or larger power lines. This
requirement for undergrounding includes all aboveground
power poles on the project site as well as those along the
frontage roads of the site. All utility lines either
existing or proposed that must connect across Los Angeles
Avenue to provide service to this site shall be placed
underground via an underground conduit .
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FEES, CONTRIBUTIONS AND DEPOSITS:
11. The Map shall be submitted in accordance with County
Ordinance No. 3982 entitled "An Ordinance of the Ventura
County Board of Supervisors Requiring New Subdivision
Records to be Included in the County's Computer-Aided
Mapping System and Establishing Related Fees"
Fees In-Lieu of Park Dedication
12 . Prior to approval of the Final Map, the subdivider shall
pay fees in accordance with Section 8297-4 of the City's
Subdivision Ordinance (Parks and Recreation Facilities) .
Citywide Traffic Mitigation Fee
13 . Prior to recordation of the Final Map, the applicant shall
pay a Citywide Traffic Mitigation Fee of $3, 000 for each of
the residential units.
Fish and Game Requirement
14 . Within two days after the City Council adoption of a
resolution approving the Planned Development Permit and
Tentative Tract Map, the applicant shall submit to the City
of Moorpark a check for $1,250 plus a $ 25.00 filing fee
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 (b) and Fish and Game Code
section 711.4 (c) , the project is not operative, vested or
final until the filing fees are paid.
CC&R and Landscaping Easement Requirement
15. Covenants, Conditions, and Restrictions (CC&R's)
establishing a Homeowners' Association for the proposed
subdivision shall be prepared and shall identify the
maintenance responsibilities of the Homeowners' Association
including, but not limited to; all walls and landscaping.
In addition, the applicant shall provide all landscaping
easements across private property as determined by the City
for the purpose of providing such maintenance.
The CC&R' s shall address the maintenance of all walls and
landscaped areas including front yard landscaping for all
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Resolution No. 99-1666
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residences, parkway landscaping adjacent to all public and
private rights-of-way, recreation and open space areas,
maintenance of private streets, and other facilities as
required by the City to be maintained. Should the
Homeowner' s Association fail to maintain the Maintenance
Areas, or any portion thereof, in a satisfactory manner,
the Maintenance Areas, or portion thereof, shall be
annexed, at the City's option, to a City Assessment
District. The total cost of the maintenance provided by the
Assessment District shall be borne by the lot owners within
Tract 5133 . Prior to approval of the Final Map, an easement
covering the Maintenance Areas shall be irrevocably offered
to the City for maintenance purposes.
16. The CC&R's shall include all Tentative Map conditions of
approval which have been identified for inclusion in the
CC&R' s, and shall be submitted to the Director of Community
Development and City Attorney for review and approval prior
to Final Map approval by the City Council . Tentative Map
conditions of approval shall be highlighted in the copies
of the CC&R's submitted for City review. Prior to sale of
any units, the CC&R's shall be approved by the State
Department of Real Estate and then recorded.
17. The applicant shall be required to pay all costs associated
with City Attorney review of the project CC&R's prior to
final map approval.
18. The Homeowners' Association may modify the CC&R's only to
the extent that they do not conflict with the terms of
approval of the Tentative Map. Further, the Homeowners'
Association shall enforce the CC&R's.
19. The CC&R's shall include a requirement that any future
residential units constructed or modifications to existing
units in the subdivision shall comply with Chapter 2-53 of
Part 2 and Chapter 4-10 of Part 4, of Title 24 of the
California Administrative Code.
20. The CC&R' s shall contain language in the form of a
disclosure statement to homebuyers that homes adjacent to
Los Angeles Avenue are subject to potential intrusive noise
from traffic and that widening of Los Angeles Avenue is
planned to occur. This disclosure shall be incorporated
into the Department of Real Estate White Report and shall
be given as a separate disclosure to potential buyers.
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Resolution No. 99-1666
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21. The CC&R' s shall include a requirement that ultra-low water
consumption plumbing fixtures shall be installed consistent
with City Ordinance No. 132 . The CC&R's shall also include
a requirement for the following energy saving devices or
construction features:
a. Stoves, ovens, and ranges, when gas fueled, shall not
have continuous burning pilot lights.
b. All thermostats connected to the main space-heating
source shall have night setback features.
C. Kitchen ventilation system shall have automatic
dampers to ensure closure when not in use.
d. For attenuation of interior noise levels of the homes
built on Lots abutting Los Angeles Avenue, all window
openings facing Los Angeles Avenue shall be equipped
with acoustical windows rated at STC-30 or better and
shall be installed consistent with manufacturer
directions and to the satisfaction of the Director of
Community Development . Additionally, an appropriately
sized forced ventilation system shall be installed and
fresh air or discharge openings for such a system
shall be located on the side of the dwelling opposite
Los Angeles Avenue.
22. A fencing, perimeter, gate, and privacy barrier wall plan
(complete with related landscaping details) identifying the
materials to be used and proposed wall heights and
locations shall be submitted to and approved by the
Director of Community Development. The approved fencing and
barrier wall plan shall be incorporated into the CC&R's.
All fencing and barrier walls along lot boundaries shall be
in place prior to occupancy, unless timing for installation
is otherwise stated in these conditions. where applicable
prior to approval of the final wall and fence plan, the
Director of Community Development shall approve the
connection of property line wall with existing fences and
or walls on the adjacent residential development. The
developer is required at his/her . sole expense to connect
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 .
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Resolution No. 99-1666
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23 . The CC&R' s shall contain language indicating that the
general location of signs identifying guest parking is
subject to the approval of the Director of Community
Development. Guest parking shall be provided at the rate of
1/2 parking space for each dwelling unit (40 spaces
minimum) . The maintenance of the signs is the
responsibility of the Homeowners Association.
24 . The CC&R's shall include language to insure that no sheet
flow of drainage occurs between lots located within or
adjacent to the project .
25. The CC&R's shall include language requiring the Homeowners
Association to be responsible for the maintenance of
drainage facilities including all NPDES requirements.
26. The CC&R's shall include language prohibiting use of
roofing material made of wood or asphalt shingles and
requiring tile roofs as determined by the City as roofing
materials for residential structures.
27. All units shall comply with all pertinent Title 24 and
Uniform Building Code conditions regarding handicapped
access and facilities.
28 . CC&Rs shall include language that discourages excessive
noise generating activities in garages consistent with
adopted community noise standards. Garages shall remain
permanently available for the purpose of automobile
parking.
29. The CC&R's shall require the Homeowner's Association to
remove any graffiti within five (5) days from written
notification by the City of Moorpark. All such graffiti
removal shall be accomplished to the satisfaction of the
City.
30. The CC&R's shall provide language requiring that all
residents are required to park in the garages. The CC&R's
shall also state that all on-street parking shall be
designated for guest parking and that the parking of
automobiles in the curb-cut areas in front of garages shall
be precluded.
31 . The Tentative Map shall be revised to eliminate Lot 1 which
is the area to be dedicated for flood control purposes to
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Resolution No. 99-1666
Page 12
show this area as dedication in fee simple to the Ventura
County Flood Control District.
32. Prior to approval of the Final Map, the subdivider shall
demonstrate to the City's satisfaction, that additional
recreation open space within the future dedicated area for
passive recreational open space uses has been authorized by
Ventura County Flood Control District (VCFCD) . The
additional open space land shall be improved and used for
passive recreational uses such as a tot lot, BBQ area, or
other uses as approved by the Ventura County Flood Control
District (VCFCD) and the Director of Community Development .
Plans are to be submitted for review and approval by the
Director of Community Development prior to the issuance of
a Zoning Clearance for any permits.
33 . The applicant shall pay all outstanding case processing
(Planning and Engineering) , and all City legal service fees
prior to issuance of a Zoning Clearance for any permits.
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 RPD and Tentative Tract Map.
Dedication of Access Rights
34. The applicant shall dedicate to the City all access rights
on "A" Street, Majestic Court and all private streets
within the project site in order to provide access for all
governmental agencies providing Municipal Code compliance,
public safety, health and welfare services.
35. The developer shall dedicate vehicular access rights to the
City of Moorpark along "A" Street and Majestic Court.
36. Prior to approval of the Final Map, the applicant shall pay
an amount to cover the costs associated with a crossing
guard for five years at the then current rate when paid,
plus the pro-rata cost of direct supervision for one
crossing guard location and staff's administrative costs
(calculated at fifteen percent of the above costs) .
REDEVELOPMENT AGIMCY
37. Applicant shall execute the purchase agreement for those
portions of "A" Street owned by the Redevelopment Agency
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Resolution No. 99-1666
Page 13
immediately upon presentation of Agency' s agreement to
purchase.
38. Prior to approval of the Final Subdivision Map the
applicant shall complete the acquisition of all property
included in the purchase agreement with the Redevelopment
Agency and convey all access easements on or across said
property to be purchased, to the City of Moorpark in a form
and width as determined by the City to provide access to
its property adjacent to the Arroyo Simi .
39. Far West Homes, LLC (Developer) shall, in order to meet the
requirements of California Health and Safety Code 33410 et
seq. , as a condition of Tentative Tract Map No. 5133, agree
as follows:
(1) Low Income Housing
(A) Developer shall provide seven (7) three (3) bedroom
units of not less than 1, 160 square feet in size, to be
sold to buyers who meet the criteria for low income
households established by the United States Department of
Housing and Urban Development for the County of Ventura
(80% of Median income) . Four (4) of said units shall be
provided within the development project and scheduled as
follows:
(a) The first unit shall be constructed no later than
the construction of the twenty-fifth (25`h) unit.
(b) The second unit shall be constructed no later than
the construction of the fiftieth (50th) unit.
(c) The third unit shall be constructed no later than
the construction of the seventy-fifth (75th) unit .
(d) The fourth unit shall be constructed prior to the
construction of the last unit.
(B) Three (3) of the required units may be provided outside
the development project through such means or methods as
purchase buy-downs, or other means approved by the City.
The Developer shall be responsible for all costs related to
providing the affordable units and shall be responsible for
providing the City with verification that the units
provided outside the development project are units
previously not affordable to low income households. The
Developer shall also be responsible for providing the
affordable units as follows:
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Resolution No. 99-1666
Page 14
(a) If the affordable units are located within the
Moorpark Redevelopment Project Area the units shall be
provided on a one-for-one basis.
(b) If any of the affordable units are located outside
of the Moorpark Redevelopment Project Area, the units
shall be provided on two units for each required unit
basis.
The initial sales price, location of the units, buyer
eligibility, resale restrictions, respective role of the
City and the Developer, and any other item determined
necessary by the City shall be set forth in the Affordable
Housing Implementation and Resale Restriction Plan, which
shall be approved by the City Council prior to recordation
of the first final Tract Map for this project .
The Developer and City shall, prior to the occupancy of the
first residential unit for the Project, execute an
Affordable Housing Agreement that incorporates the Plan in
total and is consistent with this Agreement.
(2) Very Low Income Housing
In lieu of constructing the five (5) Very Low income
affordable housing units required, Developer shall pay a
fee of Sixty Thousand Dollars ($60,000) for each of the
five units, or a total of Three Hundred Thousand Dollars
($300, 000) to the City (In-Lieu Fee) which shall be used by
the City for the purpose of providing housing affordable to
Very-Low income households. A pro-rata portion of the In-
Lieu Fee in the amount of Three Thousand Seven Hundred
Ninety Seven Dollars and Forty Seven Cents ($3,797.47) per
unit shall be paid prior to issuance of the building permit
for each dwelling unit in the development project (This is
based on 79 units) .
Commencing October 1, 2001, and annually thereafter, the
In-Lieu Fee shall be adjusted by any increase in the
Consumer Price Index (CPI) until all In-Lieu Fees have been
paid. The CPI increase shall be determined by 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 for the
preceding twelve month period covering June to June. In the
event there is a decrease in the CPI for any annual
indexing, the In-Lieu Fee shall remain at its then current
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Resolution No. 99-1666
Page 15
amount until such time as the next subsequent indexing
which results in an increase.
3) Preparation Fee
Developer shall pay to City the amount of Five Thousand
Dollars ($5, 000. 00) for the City' s cost to prepare the
affordable housing plan and agreement required pursuant to
this Condition_
CITY ENGINEER CONDITIONS:
PRIOR TO THE ISSUANCE OF A GRADING PERMIT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
General :
40. The Developer shall demonstrate legal access to the parcel
to the satisfaction of the City Engineer.
41. The Developer shall provide an access easement in a form
and width as required to provide legal access from the
southwest segment of Majestic Court southerly along Private
Street "A" to property owned by the City located adjacent
and north of the Arroyo Simi.
Grading:
42. The Developer shall submit to the City of Moorpark for
review and approval, a rough grading plan, consistent with
the approved Tentative Tract 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.
43. Concurrent with submittal of the rough grading plan an
erosion control plan shall be submitted to the City for
review and approval by the City Engineer. The design shall
include measures for hydroseeding on all graded areas
within 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
Waterworks District No. 1 at the time of grading permit
approval .
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Resolution No. 99-1666
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44 . Unanticipated off-site import/export operations requiring
an excess of 100 total truck loads (maximum 2, 000 cubic
yards) shall require Council approval prior to the
commencement of hauling or staged grading operations. A
haul route is to be submitted to the City Engineer for
review and approval. Additional surety for the cleaning
and/or repair of the streets may be required as directed by
the City Engineer.
45. Temporary irrigation, hydroseeding and erosion control
measures acceptable to the City 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 temporary 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 or the beginning of the rainy
season whichever comes first.
46. The maximum gradient for any slope shall not exceed a 2:1
slope inclination except where special circumstances exist.
In the case of special circumstances where steeper slopes
are warranted, plans will be reviewed by a certified soils
engineer and their recommendations will be subject to the
review and approval of the City Engineer and the Director
of Community Development.
47. All graded slopes shall be planted in a timely manner
meeting the approval of the Director of Community
Development with groundcover, trees and shrubs that will
stabilize slopes and minimize erosion.
48. All development areas and lots shall be designed and graded
so that surface drainage is collected by the on-site storm
drain system and pretreated by a device such as an
oil/water separator, sand filter or City and VCFCD approved
NPDES device equal prior to discharging storm water onto
public property lot 3.
49. Grading and construction operations shall not interfere
with peak traffic flow of nearby properties.
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Resolution No. 99-1666
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Geotechnical/Geology Review:
50. The Developer shall submit to the City of Moorpark for
review and approval, detailed Geotechnical Engineering
Report certified by a California Registered Civil Engineer.
The geotechnical engineering report shall include an
investigation with regard to liquefaction, expansive soils,
and seismic safety. In addition, the report shall discuss
the contents of the soils as to the presence or absence of
any hazardous waste or other contaminants in the soils.
A. Note: Review of the geotechnical engineering report,
by the City's Geotechnical Engineer, may be required.
The Developer shall reimburse the City for all costs
including the City's administrative fee for this
review.
51 . All recommendations included in the approved geotechnical
engineering report shall be implemented during project
design, grading, and construction in accordance with the
approved project. The City' s geotechnical consultant shall
review all plans for conformance with the soils engineer's
recommendations. Prior to the commencement of grading plan
check, the Developer' s geotechnical engineer shall sign the
plans confirming that the grading plans incorporate the
recommendations of the approved soils report (s) .
Storm Water Runoff and Flood Control Planning:
52 . The Developer 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 public improvements and shall post
sufficient surety guaranteeing the construction of all
improvements.
The plans shall depict all on-site and off-site drainage
structures required by the City.
The drainage plans and calculations shall indicate the
following conditions before and after development:
a. Quantities of water, water flow rates, major water
courses, drainage areas and patterns, diversions,
collection systems, flood hazard areas, sumps, sump
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Resolution No. 99-1666
Page 18
locations, detention facilities, and drainage courses.
Hydrology shall be per the current Ventura County
Standards except as follows:
b. All storm drains shall carry a 10-year frequency
storm;
C. All catch basins shall carry a 10-year storm;
d. 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;
e. All culverts shall carry a 100-year frequency storm;
f. Drainage facilities shall be provided such that
surface flows are intercepted and contained in a storm
drain. All drainage structures shall be designed to
meet BMPs and to accommodate NPDES approved devices.
g. Under a 10-year 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;
h. Drainage to adjacent parcels shall not be increased or
concentrated by this development . All drainage
measures necessary to mitigate storm water flows shall
be provided by the Developer;
i. All drainage grates shall be designed and constructed
with provisions to provide adequate bicycle safety to
the satisfaction of the City Engineer;
j . If the land to be occupied is in an area of special
flood hazard, the Developer shall notify all potential
buyers in writing of this hazard condition. The
grading plan shall also show contours indicating the
50- and 100-year flood levels.
k. All flows from ribbon gutters and similar devices
shall be deposited into the storm drain system prior
to entering streets. If necessary, the storm drain
system shall be extended beyond the public right-of-
way through easements to eliminate surface flow
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Resolution No. 99-1666
Page 19
between parcels. Both storm drain and easements
outside the right-of-way are to be maintained by the
owners unless otherwise approved by the City Council.
I . Concrete drainage structures shall be tan colored
concrete, as approved by the Director of Community
Development, and to the extent possible shall
incorporate natural structure and landscape to reduce
their visibility.
M. Drainage 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, subject to review and approval of the City
Engineer.
n. A hydraulic/hydrology 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 Developer shall make any
downstream improvements, required by Ventura County
Flood Control and the City of Moorpark, to support the
proposed development.
o. Improvements shall be constructed to detain drainage
on-site or discharged to lot 3, as approved by VCFCD.
The detention amount shall be the difference between
the ten-year and fifty-year storm event . A rainfall
intensity zone K shall be utilized in the design
unless an alternate design intensity is approved by
the City Engineer.
p. The Developer shall demonstrate that surface drainage
from the site shall not drain over the sidewalk or
driveways.
q. The Developer 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:
i . Adequate protection from a 100-year frequency
storm; and
ii. Feasible access during a 50-year frequency storm.
iii. Hydrology calculations shall be per current
Ventura County Standards.
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Resolution No. 99-1666
Page 20
53 . All structures proposed within the 100-year flood zone
shall be elevated at least one foot above the 100-year
flood level .
54 . The Developer shall provide for all necessary on-site and
off-site storm drain facilities required by the City to
accommodate upstream and on-site flows. Facilities, as
shown on existing drainage studies and approved by the
City, shall be delineated on the final drainage plans.
Either on-site retention basins or storm water acceptance
deeds from off-site property owners must be specified.
These facilities (if applicable) must also be acceptable to
the Ventura County Flood Control District.
55. The proposed future Ventura County Flood Control District
Facility Expansion right-of-way at the south end of the
property is an integral part of the overall drainage
pattern that affects this map. The right-of-way dimensions
for this future facility expansion shall be approved by the
Ventura County Flood Control District . Existing easements
and any revisions shall be shown on the Final Map.
56. The following requirements shall be included in the CC&R' s:
a. All property areas shall be maintained free of
litter/debris.
b. All on-site storm drains shall be cleared at least
twice a year, once immediately prior to October 15
(the rainy season) and once in January. Additional
cleaning may be required by the City Engineer.
C. Private roads and parking lots/drive-throughs shall be
maintained free of litter/debris. Sidewalks, parking
lots and drive-throughs shall be swept regularly to
prevent the accumulation of litter and debris. when
swept or washed, debris must be trapped and collected
to prevent entry to the storm drain system. No
cleaning agent may be discharged to the storm drain.
If any cleaning agent or degreaser is used, washwater
shall not discharge to the storm drains; washwater
should be collected and discharged to the sanitary
sewer. Discharges to the sanitary sewer are subject to
the review, approval and conditions of the wastewater
treatment plant receiving the discharge.
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Resolution No. 99-1666
Page 21
d. All exterior metal building surfaces, including
roofing, shall be coated and sealed with rust
inhibitive paint to prevent corrosion and release of
metal contaminants into the storm drain system.
e. Landscaping shall be properly maintained with
efficient irrigation to reduce runoff, promote surface
filtration, and minimize the use of fertilizers and
pesticides, which can contribute to urban runoff
pollution.
f. Trash enclosures and/or recycling area (s) shall be
covered. All litter/waste material shall be kept in
leak proof containers. Area shall be paved with
impermeable material. No other area shall drain onto
these areas. There shall be no drain connected from
the trash enclosure area to either the storm drain
system or the sanitary sewer. However, the enclosure
shall be designed and constructed with provision for
future connection to the sanitary sewer.
National Pollutant Discharge Elimination System (NPDES) :
57 . Prior to the issuance of any construction/grading permit
and/or the commencement of any clearing, grading or
excavation, the Developer shall submit a Stormwater
Pollution Control Plan (SWPCP) , on the form provided by the
City for the review and approval of the City Engineer.
58. The SWPCP shall be developed and implemented in accordance
with requirements of the Ventura Countywide Stormwater
Quality Management Program, NPDES Permit No. CAS063339.
59. The SWPCP shall identify potential pollutant sources that
may affect the quality of discharges to stormwater and
shall include the design and placement of recommended. Best
Management Practices (BMPs) to effectively prohibit the
entry of pollutants from the construction site into the
storm drain system during construction.
60. Improvement plans shall note that the contractor shall
comply to the "California Storm Water Best Management
Practice Handbooks. "
61 . The Developer shall obtain a permit from the State Water
Resources Control Board for "All storm water discharges
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Resolution No. 99-1666
Page 22
associated with construction activity where clearing,
grading, and excavation results in land disturbances of
five or more acres." The Developer shall submit a Notice of
Intent (NOI) to the city Engineers office as proof of
permit application. I f required, prior to the issuance of
any construction/grading permit and/or the commencement of
any clearing, grading or excavation, the Developer shall
also submit the Notice of Intent to the California State
Water Resources Control Board, Storm Water Permit Unit in
accordance with the NPDES Construction General Permit No.
CASQ00002 : Waste Discharge Requirements for Discharges of
Storm Water Runoff Associated with Construction Activities.
The Developer shall comply with all additional requirements
of this General Permit including preparation of a
Stormwater Pollution Prevention Plan (SWPPP) .
62 . The Developer shall also comply with NPDES objectives as
outlined in the "Stormwater Pollution Control Guidelines
for Construction Sites" . This handout is available at the
City Engineer' s office and a copy will be attached to the
approved grading permit .
63 . Development shall be undertaken in accordance with
conditions and requirements of the Ventura Countywide
Stormwater Quality Management Program, NPDES Permit No.
CAS063339.
64. The project construction plans shall incorporate Best
Management Practices (BMPs) applicable to the development
for the review and approval of the City Engineer.
65. All onsite storm drain inlets, whether newly constructed or
existing, shall be labeled "Don' t Dump - Drains to Arroyo."
66. City Ordinance No. 100 and the Federal Emergency Management
Agency (FEMA) , require updating of the National Flood
Insurance Program maps for affected areas whenever any
alteration of the watercourse is made. All materials
required by FEMA for a map revision shall be provided to
the City Engineer' s office. This material will demonstrate
the revised flood plain locations following development .
This information will be forwarded by the City Engineer to
the FEMA for review and updating of the National Flood
Insurance Program maps. If updates to the flood zone have
been made, a conditional letter of map revision shall be
provided to the City prior to issuance of a zone clearance
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Resolution No. 99-1666
Page 23
for occupancy of the first residential unit. The Developer
will be responsible for all costs charged by the FEMA and
City' administrative costs.
Street Improvement Requirements:
67. The Developer shall verify that all street improvements are
consistent with City of Moorpark policy and Ventura County
road standards. The Developer shall submit to the City of
Moorpark for review and approval, street improvement plans
prepared by a Registered Civil Engineer; and shall post
sufficient surety guaranteeing the construction of the
improvements. Street improvements, median, and parkway
landscaping shall not be accepted by the City for
maintenance until completion, unless otherwise determined
by the City Engineer.
68. The Developer shall apply for and pay required fees
associated with a City of Moorpark encroachment permit. An
encroachment permit is required for any work within the
City Right of way.
69. Publicly dedicated streets shall conform to the design
requirements of the Ventura County Road Standards (most
recent revision) , unless these requirements are modified by
a specific condition.
70. The street labeled as "A" Street shall be a publicly
dedicated street at a minimum from its intersection with
Los Angeles Avenue to a point on the south side of Majestic
Court. The developer shall provide a total right of way
width of 52 feet. The developer shall construct a street
with a width from curb face to curb face of 36 feet having
an 8 feet high slump block wall at the west property line
and a 4 feet sidewalk behind a 4' 6" parkway on the east
side of the street.
71 . The entrance at "A" Street shall be designed to include a
traffic control device acceptable to Caltrans and the City
Engineer that prohibits left turn movements onto Los
Angeles Avenue from "A" Street and onto "A" Street from Los
Angeles Avenue. The developer shall submit for review and
approval traffic counts/estimates for stacking of vehicles
at the entrance of "A" Street during peak hours. The
Developer shall justify that the design of the entrance of
"A" Street is adequate for peak hour stacking of vehicles
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Resolution No. 99-1666
Page 24
and truck turning radius movements (45-foot minimum) . The
Developer shall submit for review and approval traffic data
to determine that there is not a need for deceleration or
acceleration lanes on Los Angeles Avenue.
72 . A driveway access shall be constructed from the Regal Park
Homes property to the west through to "A" Street, north of
Majestic Court. The developer shall work with the Regal
Park Homeowners Association as to the location of the new
driveway access, the removal of the existing curb cut and
driveway at Los Angeles Avenue and installation of
irrigation lines and landscaping along the Regal Park
property frontage adjacent to Los Angeles Avenue. The size
and location of the driveway shall be approved by the
Homeowners Association and the Director of Community
Development. All costs associated with Preparation of
plans, removal and installation of all hardscape, softscape
and irrigation lines shall be the responsibility of the
developer. The plans shall be subject to the review and
approval of the City Engineer and Director of Community
Development. All of the work, including installation of
landscaping along Los Angeles Avenue shall be completed
prior to Occupancy of the first residential unit.
73 . The developer shall offer to dedicate additional right-of-
way to Caltrans along the south side of Los Angeles Avenue
to provide 70 feet of right-of-way or less, if approved by
the City, from the centerline of the street to the south
property line.
74 . The street improvements shall include concrete curb and
gutter, parkways, street lights, and signing, striping,
interim striping and traffic control, paving, and any
necessary transitions, to the satisfaction of the City
Engineer. All driveway locations shall be approved by the
City Engineer and the Director of Community Development.
All streetlights shall be designed so as not to reflect
light unto adjacent residential property. The Developer
shall dedicate any additional right-of-way necessary to
make all of the required improvements.
75. The Developer shall provide slope easements for road
maintenance purposes only along all roads where the top of
cut plus 5 feet or the toe of fill plus 5 feet is beyond
the dedicated right-of-way. Said slope easements shall
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include the area covered by the cut slope plus 5 feet and
fill slope plus 5 feet .
76. Streetlights shall be provided on the improvement plans per
Ventura County Standards and as approved by the City
Engineer. The Subdivider/Developer shall pay all energy
costs associated with public street lighting for a period
of one year from the acceptance of the street improvements.
77. Above ground obstructions (utility cabinets, mailboxes,
etc. ) are to be placed within the right-of-way landscaping
areas whenever possible. When above ground obstructions are
to be placed within the sidewalk, a minimum five (5) foot
clear sidewalk width must be provided around the
obstruction.
78. Additional surety shall be provided for resurfacing and/or
repair of the full width portion of Majestic Court and/or
Los Angeles Avenue located adjacent to the project. The
surety shall be used to secure the curb replacement and
overlay or slurry of the street, as a result of damage from
construction work or utility trenching. The City may
require restoration of the street before occupancy of the
building. Surety will be returned upon the City Engineer
accepting the condition of the street .
Other:
79. The Developer 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 with Reuse Permit procedures administered by
the County Water Resources Development Department.
80. The Developer shall comply with all pertinent County of
Ventura Public Works Department water and sewer connection
regulations. These measures shall be implemented by the
County of Ventura Public Works Department (Waterworks
District No. 1)
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81. All existing and proposed utilities shall be undergrounded
as approved by the City Engineer. All power lines less than
66KV shall be undergrounded.
82. The final design and location of all walls and fences,
streetscape elements, urban landscaping are subject to the
approval of the Director of Community Development .
83. In accordance with Business and Professions Code 8771 the
street improvement plans shall, provide for a surveyors
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.
84 . Any right-of-way necessary to complete the required
improvements shall be acquired by the Developer at their
expense.
85. If any of the improvements which the Developer is required
to construct or install is to be constructed or installed
upon land in which the Developer does not have title or
interest sufficient for such purposes, the Developer shall
do all of the following at least 60 days prior to the
filling of the final or parcel map for approval pursuant to
Governmental Code Section 66457.
a. Notify the City of Moorpark in writing that the
Developer 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 Developer will pay all
of the City' s cost (including, without limitation,
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Resolution No. 99-1666
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attorney' s fees and overhead expenses) of acquiring
such an interest in the land.
86 . The Developer 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 shall be submitted to and approved by the
Director of Community Development.
87. The Developer shall post sufficient surety guaranteeing
completion of all site improvements within the development
and other offsite and on-site improvements, including the
ultimate street improvements on Los Angeles Avenue and
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.
88 . The developer shall construct all masonry perimeter walls
prior to rough grading of the overall site.
89. Any special street intersection treatments shall be
approved by the City Engineer and the Director of Community
Development .
90. The Developer shall make a special contribution to the City
representing the Developer' s pro-rata share of the cost of
improvements at the following intersections:
a. Los Angeles Avenue/Spring Road ($165,000)
b. Los Angeles Avenue/Moorpark Avenue ($65,000)
C. Poindexter Avenue/Moorpark Avenue ($120, 000)
The actual contribution (pro-rata share) shall be based
upon the additional traffic added to the intersection. The
Developer' s traffic engineer shall provide the City
Engineer an estimate of the projected numbers for
calculation of the pro-rata share.
DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY:
91. Grading may occur during the rainy season from October 15th
to April 15th subject to installation of debris and erosion
control facilities. Erosion control measures shall be in
place and functional between October 15th and April 15th.
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92. Prior to any work being conducted within the State, County,
or City right of way, the Developer shall obtain all
necessary encroachment permits from the appropriate
Agencies.
93 . During site preparation and construction, the contractor
shall minimize disturbance of natural groundcover on the
project site until such activity is required for grading
and construction purposes.
94 . During clearing, grading, earth moving or excavation
operations, dust shall be controlled by regular watering.
In addition the following measures shall apply:
95. Water all site access roads and material excavated or
graded on or off-site to prevent excessive amounts of dust.
Watering shall occur a minimum of at least two times daily,
preferably in the late morning and after the completion of
work for the day. Additional watering for dust control
shall occur as directed by the City. The grading plan shall
indicate the number of water trucks, which will be
available for dust control at each phase of grading.
96. Cease all clearing, grading, earth moving, or excavation
operations during periods of high winds (greater than 20
mph averaged over one hour) . The contractor shall maintain
contact with the Air Pollution Control District (APCD)
meteorologist for current information about average wind
speeds.
97. Water or securely cover all material transported off-site
and on-site to prevent excessive amounts of dust.
98. Keep all grading and construction equipment on or near the
site, until these activities are completed.
99. Facemasks shall be used by all employees involved in
grading or excavation operations during dry periods to
reduce inhalation of dust, which may contain the fungus,
which causes San Joaquin Valley Fever.
100. The area disturbed by clearing, grading, earth moving, or
excavation operations shall be minimized to prevent
excessive dust generation.
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101 . Wash off heavy-duty construction vehicles before they leave
the site.
102 . After clearing grading, earth moving, or excavation
operations, and during construction activities, fugitive
dust emissions should be controlled using the following
procedures:
103 . Apply non-hazardous chemical stabilizers to all inactive
portions of the construction site. When appropriate, seed
exposed surfaces with a fast-growing, soil-binding plant to
reduce wind erosion and its contribution to local
particulate levels_
104 . Periodically, or as directed by the City Engineer, sweep
public streets in the vicinity of the site to remove silt
(i.e. , fine earth material transported from the site by
wind, vehicular activities, water runoff, etc. ) which may
have accumulated from construction activities.
105. All diesel engines used in construction equipment shall use
reformulated diesel fuel.
106 . 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, lower ozone
levels and protect equipment operators from excessive smog
levels. The City, at its discretion, may also limit
construction during Stage II alerts.
107. Construction activities shall be limited to between the
following hours: a) 7 :00 a.m. and 7:00 p.m. Monday through
Friday, and b) 9 :00 a.m. to 6:00 p.m. 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, pursuant to Section 15.26. 010 of the
Municipal Code.
108. Truck noise from hauling operations shall be minimized
through establishing hauling routes, which avoid
residential areas, and requiring that "Exhaust 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.
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109. The Developer shall ensure that construction equipment is
fitted with modern sound-reduction equipment .
110. Equipment not in use for more than ten minutes shall be
turned off.
111. If any hazardous waste is encountered during the
construction of this project, all work shall be immediately
stopped and the Ventura County Environmental Health
Department, the Fire Department, the Sheriff 's Department,
and the City Construction Observer shall be notified
immediately. Work shall not proceed until clearance has
been issued by all of these agencies.
112. The Developer shall utilize all prudent and reasonable
measures (including installation of a 6-foot 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.
113 . Equipment engines shall be maintained in good condition and
in proper tune as set forth in manufacturer's
specifications.
114 . Backfill of any pipe or conduit shall be in 4" fully
compacted layers unless otherwise specified by the City
Engineer.
115. Soil testing for trench compaction is to be performed on
all trenches for pipe or conduit placement. The interval of
testing shall be less than once every 4 feet of lift and
100 lineal feet of trench excavated. This note shall also
be placed on applicable plans associated with site
development.
116. Observe a 15-mile per hour speed limit for the construction
area.
117. During site preparation and construction, construct
temporary storm water diversion structures per City of
Moorpark standards.
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PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR A BUILDING PERMIT
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
118. Prior to issuance of a building permit, the Developer shall
pay to the City the Los Angeles Avenue Area of Contribution
(AOC) Fee, which shall be the dollar amount in effect at
the time the fee is paid.
If previous payment of this contribution can be
demonstrated, to the City' s satisfaction upon concurrence
of the City Manager, the Developer would not have to pay
the AOC fee.
119. 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.
120 . An As-Graded geotechnical report and rough grading
certification shall be submitted to and approved by the
City Engineer and Geotechnical Engineer.
PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
121. If. directed by the City, the Developer shall have repaired,
overlayed or slurried that portion of Moorpark Avenue,
Majestic Court and/or Los Angeles Avenue adjacent to the
development. The repairs, curb replacement, parkways,
sidewalks, and overlay or slurry of the street, as a result
of damage from construction work or utility trenching shall
be along the entire length of the project including
transitions unless otherwise approved and shall be
completed to the satisfaction of the City Engineer.
122 . A copy of the recorded Map(s) shall be forwarded to the
City Engineer for filing.
123 . A final grading certification shall be submitted to and
approved by the City Engineer.
PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND REDUCTION
AND/OR EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
124 . Reproducible centerline tie sheets shall be submitted to
the City Engineer' s office.
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125. 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. Any surety that is in effect three
years after final map approval or issuance of the first
building permit shall be increased an amount equal to or
greater than the consumers price index (Los Angeles/Long
Beach SMSA) for a period since original issuance of the
surety and shall be increased in like manner each year
thereafter.
126. If necessary, the applicant shall file for a time extension
with the City Engineer' s office at least six weeks in
advance of expiration of the agreement to construct
subdivision improvements. The fees required will be in
conformance with the applicable ordinance section.
127. Original "as built" plans will be certified by the
Developer's Registered Civil Engineer and submitted with
two sets of blue prints to the City Engineer's office.
Although grading plans may have been submitted for checking
and construction on sheets larger than 22" X 36" , they must
be resubmitted as "record drawings" in a series of 22" X
36" mylars (made with proper overlaps) with a title block
on each sheet . Submission of "as built" plans is required
before a final inspection will be scheduled.
128. The Developer shall demonstrate that a maintenance
agreement is in place as part of the Homeowners Association
responsibility for the purpose of servicing all on-site
NPDES devices.
Offer of Dedication and Maintenance Agreement
129. Prior to approval of the Final Map, the applicant shall
provide an irrevocable offer of an easement and execute a
"Maintenance Agreement" between Caltrans and the City
subject to approval of Caltrans and the City, to ensure
maintenance of the landscaping within the Caltrans right-
of-way to the City and execute for the purpose of
maintaining all landscaping along Los Angeles Avenue.
Prior to approval of the Final Map, the applicant shall
provide an irrevocable offer of an easement to the City for
the purpose of maintaining all landscaping of the site
adjacent to Los Angeles Avenue. The area referred to shall
be all landscaped portions of the required setback area
i
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Resolution No. 99-1666
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adjacent to the public right-of-way along the street
frontages. The applicant shall be responsible for
maintenance of the aforementioned area as well as the
landscaping within the public right-of-way adjacent to the
project. If the City, at its sole discretion, determines
the landscape maintenance to be unsatisfactory in any of
the aforementioned areas, the City may invoke the offer of
dedication and assume responsibility at the owner's expense
for any or all of the aforementioned areas. The total cost
of maintenance for the areas noted above shall be borne by
the applicant. The City may, at its sole discretion, place
the aforementioned areas in a landscape maintenance
assessment district. The applicant shall record a covenant
to this effect. The applicant shall maintain the right to
protest the amount of spread of any proposed assessment,
but not the formation of, or annexation to a maintenance
assessment district.
COUNTY OF VENTURA ENVIRONMENTAL HEALTH CONDITION:
130. All water impoundment (s) shall be maintained in a manner
which will not create mosquito breeding sources.
131. Prior to issuance of a building permit pertaining to the
project, the applicant shall obtain plan check approval of
the proposed swimming pool (s) from the County of Ventura
Environmental Health Division.
COUNTY OF VENTURA WATERWORKS DISTRICT CONDITIONS:
132 . Provide Ventura County Waterworks District the following:
a. water and sewer improvement plans. A sample format is
available at the District upon request.
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.
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f. Fees : Plan check, construction inspection, capital
improvement charge, sewer connection fee and water
meter charge.
g. Signed Contract to Install, and Surety Bond.
MOORPARK POLICE DEPARTIKNT REQUIREMENTS:
133 . The applicant is required to adhere to applicable Police
Department Requirements.
VENTURA COUNTY FLOOD CONTROL CONDITION:
134 . Prior to Final Map Approval, the applicant is required to
dedicate to the Ventura County Flood Control District the
area required by the District for the proposed future
improvements to the Arroyo Simi . Verification of dedication
of the area from the Flood Control District shall be given
to the Department of Community Development prior to Final
Map Approval .
135 . No direct storm drain connections to Ventura County Flood
Control District facilities will be allowed without
appropriate Best Management Practices (BMP's) for
compliance with Ventura Countywide Stormwater Program.
VENTURA COUNTY FIRE DISTRICT CONDITIONS:
136. Access roads shall be installed with an all weather
surface, suitable for access by Fire Department apparatus.
A minimum clear street width of 36 feet shall be provided.
137. The access roadway (s) shall be extended to within 150 feet
of all portions of the exterior walls of the first story of
any building. where the access roadway cannot be provided,
approved fire protection system or systems shall be
installed as required and acceptable to the Fire District .
138. All driveways shall have a minimum vertical clearance of 13
feet 6 inches (1316") .
139. Approved turnaround areas for fire apparatus shall be
provided where the access road is 150 feet or farther from
the main thoroughfare.
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140. The access road (s) /driveway (s) shall be certified by a
registered Civil Engineer as having an all weather surface
in conformance with public Works standards. This
certification shall be submitted to the Fire District prior
to combustible construction.
141. Any gates used to control vehicle access shall be designed
as required by the Fire Department Gate Guidelines. Design
criteria includes, stacking method of gate control, clear
widths, and Knox systems for secured gates. Gate plan
details shall be submitted to the Fire Prevention Division
for review and approval prior to recordation.
142 . Prior to recordation of street names, proposed names shall
be submitted to the Fire District 's Communications Center
for review and approval .
143 . Street name signs shall be installed in conjunction with
the road improvements. The type of sign shall be in
accordance with Plate F-4 of the Ventura County Road
Standards.
144. Address numbers, a minimum of 4 inches (4") high, shall be
installed prior to occupancy, shall be of contrasting color
to the background, and shall be readily visible at night .
where structures are set back more than 150 feet (150 ' )
from the street, larger numbers will be required so they
are distinguishable from the street . In the event the
structure (s) is not visible from the street, the address
number (s) shall be posted adjacent to the driveway
entrance.
145 . Prior to construction, the applicant shall submit plans to
the Fire District for review and approval of the location
of hydrants. On Plans, show existing hydrants within 500
feet of the development.
146. Fire hydrants shall be installed and in service prior to
combustible construction and shall conform to the minimum
standard of the Moorpark Water Works manual .
147. Each hydrant shall be a 6-inch wet barrel design and shall
have (1) 4 inch and (1) 2 1/2-inch outlet (s) .
148. The required fire flow shall be achieved at no less than
20-psi residual pressure.
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149. Fire hydrants shall be spaced 300 feet on center and so
located that no structure will be farther than 150 feet
from any one hydrant.
150 . Fire hydrants shall be set back in from the curb face 24
inches on center.
151. A minimum fire flow of 1, 000 gallons per minute at 20 psi
shall be provided at this location. The applicant shall
verify that the water purveyor can provide the required
volume at the project.
152 . Prior to recordation, the applicant shall provide to the
Fire District verification from the water purveyor that the
purveyor can provide the required fire flow for the
project .
153 . The building plans of public assembly areas which have
occupant load of 50 or more, shall be submitted to the Fire
District for review.
154 . Portions of this development may be in a high fire hazard
area and those structures shall meet hazardous fire area
building code requirements.
155 . All grass or brush exposing and structure (s) to fire
hazards shall be cleared for a distance of 100 feet prior
to framing, according to the Ventura County Fire Protection
Ordinance.
156. An approved spark arrestor shall be installed on the
chimney of any structure (s) .
157. Applicant shall obtain and comply with the provisions of
VCFD No. 126 "Requirements for Construction" prior to
obtaining a building permit for any new structures or
additions to existing structures.
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APPROVAL OF RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 98-1
SUBJECT TO COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Note: Prior to the issuance of a Building Permit, the applicant
shall have recorded Tract Map 5133 . The conditions of approval
for the Tentative Tract Map shall apply to Residential Planned
Development Permit No. 98-1.
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS:
GENERAL REQUIREMENTS:
Permitted Uses
1. The permit is granted for the land and project as
identified on the entitlement application form and as shown
on the approved plot plans and elevations. 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. Any
change from the submitted product mix shall require
approval of a modification to the Residential Planned
Development Permit.
Requirement for Affordable Housing Agreement
2. Far West Homes, LLC (Developer) shall, in order to meet the
requirements of California Health and Safety Code 33410 et
seq. , as a condition of Tentative Tract Map No. 5133, agree
as follows:
(1) Low Income Housing
(A) Developer shall provide seven (7) three (3) bedroom
units of not less than 1, 160 square feet in size, to be
sold to buyers who meet the criteria for low income
households established by the United States Department of
Housing and Urban Development for the County of Ventura
(80% of Median income) . Four (4) of said units shall be
provided within the development project and scheduled as
follows:
(a) The first unit shall be constructed no later than
the construction of the twenty-fifth (25th) unit .
(b) The second unit shall be constructed no later than
the construction of the fiftieth (5oth) unit.
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(c) The third unit shall be constructed no later than
the construction of the seventy-fifth (75th) unit.
(d) The fourth unit shall be constructed prior to the
construction of the last unit.
(B) Three (3) of the required units may be provided outside
the development project through such means or methods as
purchase buy-downs, or other means approved by the City.
The Developer shall be responsible for all costs related to
providing the affordable units and shall be responsible for
providing the City with verification that the units
provided outside the development project are units
previously not affordable to low income households. The
Developer shall also be responsible for providing the
affordable units as follows:
(a) If the affordable units are located within the
Moorpark Redevelopment Project Area the units shall be
provided on a one-for-one basis.
(b) If any of the affordable units are located outside
of the Moorpark Redevelopment Project Area, the units
shall be provided on two units for each required unit
basis.
The initial sales price, location of the units, buyer
eligibility, resale restrictions, respective role of the
City and the Developer, and any other item determined
necessary by the City shall be set forth in the Affordable
Housing Implementation and Resale Restriction Plan, which
shall be approved by the City Council prior to recordation
of the first final Tract Map for this project .
The Developer and City shall, prior to the occupancy of the
first residential unit for the Project, execute an
Affordable Housing Agreement that incorporates the Plan in
total and is consistent with this Agreement .
(2) Very Low Income Housing
In lieu of constructing the five (5) Very Low income
affordable housing units required, Developer shall pay a
fee of Sixty Thousand Dollars ($60, 000) for each of the
five units, or a total of Three Hundred Thousand Dollars
($300, 000) to the City (In-Lieu Fee) which shall be used by
the City for the purpose of providing housing affordable to
Very-Low income households. A pro-rata portion of the In-
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Lieu Fee in the amount of Three Thousand Seven Hundred
Ninety Seven Dollars and Forty Seven Cents ($3, 797.47) per
unit shall be paid prior to issuance of the building permit
for each dwelling unit in the development project (This is
based on 79 units) .
Commencing October 1, 2001, and annually thereafter, the
In-Lieu Fee shall be adjusted by any increase in the
Consumer Price Index (CPI) until all In-Lieu Fees have been
paid. The CPI increase shall be determined by 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 for the
preceding twelve month period covering June to June. In the
event there is a decrease in the CPI for any annual
indexing, the In-Lieu Fee shall remain at its then current
amount until such time as the next subsequent indexing
which results in an increase.
3) Preparation Fee
Developer shall pay to City the amount of Five Thousand
Dollars ($5, 000. 00) for the City's cost to prepare the
affordable housing plan and agreement required pursuant to
this Condition.
Approval of the Residential Planned Development Permit is
conditioned upon execution of an Affordable Housing
Agreement between the City of Moorpark and the applicant or
developer. Compliance with the terms and conditions of this
Agreement shall address affordable housing provisions. The
Agreement is subject to approval of the City Council, and
if compliance of the Agreement is not achieved, the City
Council may initiate a Reversion to Acreage or other
procedure, and nullify the Residential Planned Development
Permit. City Council approval of an Affordable Housing
Agreement must occur before approval of the Final
Subdivision Map.
Use Inauguration
3 . Unless the project 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 Director of
Community Development may, at his discretion, grant up to
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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 has diligently worked
towards inauguration of the project during the initial two
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 30-
days prior to the expiration date of the permit.
Modification to Permit
4 . 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 Minor
Modification and any major changes to this permit shall
require the submittal of a Major Modification as determined
by the Director of Community Development.
Other Regulations
5. The design, maintenance, and operation of the permit area
and facilities thereon shall comply with all applicable
regulations of the RPD zone and all requirements and
enactments of Federal, State, County, and City authorities,
and all such requirements and enactments shall, by
reference, become conditions of this permit .
Graffiti Removal
6. The applicant or his successors and assigns, or the
Homeowners Association shall remove any graffiti within
five (5) days from written notification from the City of
Moorpark. All graffiti removal shall be accomplished to the
satisfaction of the Director of Community Development.
Phasing
7. Any phasing shall be approved by the Director of Community
Development. The Director shall avoid to the extent
possible any impacts to existing residential areas from
construction traffic.
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Effect of Conditions
8. 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. In instances where more than one set
of rules apply, the stricter ones shall take precedence.
Severability
9. If any of the conditions or limitations of this permit are
held to be invalid, that holding shall not invalidate any
of the remaining conditions or limitations set forth.
Permittee Defense Costs
10 . The permittee agrees as a condition of issuance and use of
this permit to defend, at his sole expense, any action
brought against the City because of issuance (or renewal)
of this permit or in the alternative to relinquish this
permit. Permittee will reimburse the City for any court
costs and/or attorney's fees which the City may be required
by the court to pay as a result of any such action. The
City may, at its sole discretion, participate in the
defense of any such action, but such participation shall
not relieve permittee of his obligation under this
condition.
Acceptance of Conditions
11. The permittee's acceptance of this permit and/or
commencement of construction and/ or operations under this
permit shall be deemed to be acceptance of all conditions
of this permit.
Surety for Utilities
12 . Prior to approval of a final map, the subdivider shall post
sufficient surety to assure that all proposed utility lines
within and immediately adjacent to the project site shall
be placed undergrounded to the nearest off-site utility
pole. Prior to the issuance of an occupancy permit for the
last house in the tract, all existing utilities shall also
be undergrounded to the nearest off-site utility pole with
the exception of 66 KVA or larger power lines. This
requirement for undergrounding includes all above-ground
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power poles on the project site as well as those along the
frontage roads of the site. All utility lines that must
connect across Los Angeles Avenue shall be placed
underground via an underground conduit.
Rain Gutters and Downspouts
13 . Rain gutters and downspout shall be provided on all sides
of the structure for all units 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.
Roof Mounted Equipment
14. No roof mounted equipment (other than required vents) shall
be permitted. Exceptions to this limitation must be
approved by the Director of Community Development.
Exterior Lighting
15. Exterior front yard lighting within the development shall
be limited to illumination of entryways and address
identification. Excessively bright and/or unshielded front
door lighting shall be prohibited.
Dedication of Access Rights
16. The applicant shall dedicate to the City all access rights
on "A" Street, Majestic Court and all private streets
within the project site in order to provide access for all
governmental agencies providing Municipal Code compliance,
public safety, health and welfare services.
17. The developer shall dedicate vehicular access rights to the
City of Moorpark along "A" Street and Majestic Court.
Energy Saving Devices
18 . That all residential units shall be constructed employing
energy saving devices. These devices are to include, but
are not limited to the following:
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a. Ultra low flush toilets (to not exceed 1 .6 gallons) ;
b. Low water use shower controllers as required by Title
24 of the Uniform Building Code shall be placed on all
shower facilities;
C. Natural gas fueled stoves, ovens and ranges shall not
have continuous burning pilot lights;
d. All thermostats connected to the main space heating
source shall have night set back features;
e. To ensure closure when not in use kitchen ventilation
systems shall have automatic dampers; and
f. Hot water solar panel stub-outs shall be provided.
Maintenance of Permit Area
19. 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.
Archaeological or Historical Finds
20. If any archaeological or historical finds are uncovered
during excavation operations, all grading or excavation
shall cease in the immediate area, and the find left
untouched. The permittee shall assure the preservation of
the site; shall obtain the services of a qualified
paleontologist or archaeologist, whichever is appropriate
to recommend disposition of the site; and shall obtain the
Director of Community Development's written concurrence of
the recommended disposition before resuming development.
The developer shall be liable for the costs associated with
the professional investigation.
PRIOR TO ISSUANCE OF A GRADING PERMIT:
21. The applicant shall indicate where the export of dirt from
the site will be taken. if import dirt is to be brought to
the site, the applicant shall state the number of cubic
yards and location of the borrow site. The City shall
approve the haul routes.
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PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
Citywide Traffic Mitigation Fee
22 . Prior to the issuance of a Zoning Clearance for
construction for each unit, the applicant shall pay a
Citywide Traffic Mitigation Fee of $3, 000 for each of the
residential units.
Lighting Plan
23. Prior to issuance of a Zoning Clearance for Construction,
the applicant shall submit to the Department of Community
Development a lighting plan for review and approval
consistent with Section 17.30.060 .
Traffic System Management Contribution
24 . Prior to the issuance of a Zoning Clearance for
construction, the permittee shall make a total contribution
to the Moorpark Traffic Systems Management Fund (TSM) of
$1,288.87 per unit to fund TSM programs or clean-fuel
vehicles programs as determined by the City.
Tree Report and Removal Permit
25 . As a condition of removal of the trees on-site, the
applicant shall provide an additional $130, 324 .00 worth of
trees and other enhanced landscaping which is the amount of
the value of existing trees to be removed from the site.
The additional landscaping is in addition to the
landscaping normally required for the project is in
additional to what would normally be required normal
required landscaping. This amount may be reduced by the
amount of the value of any trees to remain as determined by
the Director of Community Development.
Submittal of Landscape Plans
26. Prior to issuance of a Zoning Clearance for construction, a
complete landscape plan, together with specifications shall
be submitted to the Director of Community Development. The
plans shall conform to the following:
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a. Three sets of plans shall be submitted for each plan
check.
b. Each sheet of the plans shall be wet stamped and
signed by the project landscape architect. The project
landscape architect shall be licensed by the State of
California.
C. The plans shall include the following landscape
components as appropriate: demolition, construction,
irrigation, planting, details and specifications.
d. Unless otherwise specified in these project
conditions, the plans shall be prepared in general
conformance with the Submittal Requirements and
Landscape Standards described in the Ventura County
Landscape Design Criteria.
e. A separate Maintenance Plan shall be prepared in
accordance with the Approval/Installation Verification
standards described in the Ventura County Landscape
Design Criteria.
f. Unless otherwise specified in these project
conditions, the plans shall be prepared in substantial
conformance with the approved conceptual plans for the
project.
g. The applicant shall bear the full cost of landscape
plan reviews, installation and inspections as deemed
necessary by the Director of Community Development.
h. Prior to initial review of the landscape plans, the
applicant shall deposit funds for plan review in an
amount specified by the Director of Community
Development. The applicant shall deposit additional
funds upon request as needed to cover all landscape
plan check and inspection fees. Any deposit balance
remaining following final approval of the installation
shall be refunded to the applicant .
i . The following notes shall be included on the plans and
shall be project conditions:
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i. All plant material shall conform to the current
issue of the American Standard for Nursery Stock
published by the American Association of
Nurserymen.
ii. Prior to final inspection by the City of
Moorpark, the applicant' s landscape architect
shall provide written certification to the City,
stating that the installation is in substantial
conformance with the approved landscape plans.
iii . Prior to final inspection by the City of
Moorpark, the applicant shall provide a written
certification for the operation of the backflow
device.
j . A ten foot (10) wide dense landscaping buffer along
the entire length of the southerly property line
adjacent to the Arroyo Simi shall be provided.
k. Thirty six (36) inch box trees shall be provided along
the east, west and southerly property lines, one for
each front yard area and within the parkway on the
east side of "A" Street.
1 . The planting plan shall indicate the proposed
locations of light standards. The lighting and tree
locations shall be designed to avoid conflicts.
M. All backflow preventers, transformers, and other
above-grade utilities shall be appropriately screened
with walls and/or plantings.
n. The planting and irrigation design shall comply with
the State of California Model Water Efficient
Landscape Ordinance.
o. Prior to occupancy, the landscape installation shall
be approved by the Director of Community Development.
This approval shall be based upon written
certification of the landscape installation by the
City Landscape Consultant .
p. Subsequent to occupancy, the landscaping shall be
maintained in accordance with the approved Maintenance
Plan.
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q. The landscape plan shall include planting and
irrigation specifications for manufactured slopes and
all common areas.
r. Ground cover, trees, and shrubs shall be provided on
Lots 43 and 71 and shall be designed so as to function
as a decorative entryway to the project.
S. The landscape plan shall include planting and
irrigation specifications for manufactured slopes over
three (3) feet in height, front yard landscaping for
all residences and all common areas to be maintained
by the homeowners association including the parkways
located along Los Angeles Avenue and "A" Street. Front
Yard landscaping shall be installed on all lots in
this project and approved by the Director of Community
Development prior to final inspection and release of
utilities.
t . Prior to the issuance of a Zoning Clearance for
construction and/or recordation of Tentative Tract Map
No. 5133, the applicant shall provide an irrevocable
offer of an easement to the City for the purpose of
maintaining all landscaping and walls adjacent Los
Angeles Avenue and "A" Street in the event such is
determined to be necessary by the City at it's sole
discretion. The Homeowners Association shall be
responsible for maintenance of all common areas as
determined by the City. Bermed landscaping consisting
of trees, ground cover, flowers and shrubs shall be
provided along the property frontage adjacent to Los
Angeles Avenue.
U. In the area of future buildings not under
construction, turf and irrigation shall be installed.
V. The final landscape plans shall include landscaping
specifications, planting details, and design
specifications consistent with the following
requirements :
i . The landscape plan shall include the final design
of all sidewalks, barrier walls, streetscape
elements, urban landscaping and pedestrian paths
within the project limits.
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ii. All plant species utilized shall not exceed the
irrigation Water Allowance, as discussed in the
State Model Water Efficient Landscape Ordinance.
iii. Landscaping at site entrances and exits and any
intersection within the parking lot shall not
block or screen the view of a seated driver from
another moving vehicle or pedestrian.
iv. The plans shall include landscaping in all front
yards, landscaping adjacent to Los Angeles
Avenue, the ten foot landscaping buffer along the
Arroyo Simi and all other landscaping areas with
the exception of the private rear yard areas of
the residences. Applicant shall install front
yard landscaping as approved on the landscape
plans. Front yard and common area landscaping
shall be completed for each area of exclusive
right to occupancy prior to occupancy of the
units having the right to use the adjacent yard
space.
V. Landscaping shall be designed so as to not
obstruct the view of any exterior door or window
from the street.
vi. Backflow preventers, transformers, or other
exposed above grade utilities shall be shown on
the landscape plan(s) and shall be screened with
landscaping and/or a wall .
vii. A coordinated tree planting program shall be
developed which will provide a dominant theme
tree within the components of the proposed
development.
viii. Irrigation shall be provided for all permanent
landscaping, as identified in the approved
landscape plan. The applicant shall be
responsible for maintaining the irrigation system
and all landscaping. The applicant shall replace
any dead plants and make any necessary repairs to
the irrigation system consistent with the
landscape plan approved for the development.
ix. Exotic plants which are known to spread beyond
their original plantings and invade native
habitats such as Pampus Grass, Spanish Broom, and
Tamarisk shall not be used.
X. The applicant shall install purple pipe in all
common areas for the purpose of using reclaimed
water when available.
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Private Recreational Facilities
27. All private recreational facilities and tot lots, including
the type of play equipment shall be subject to the review
and approval of the Community Development Director. A six
(6) foot high wrought iron fence with pilasters shall be
provided around the swimming pool area. All fences and
walls shall be approved by the Director of Community
Development. The height of the walls around the perimeter
of the project shall be in substantial conformance with
perimeter walls or fence details included in the project
landscape plans. Sound attenuation referenced in any
acoustical report prepared for the project shall be taken
into account as necessary. All wall heights shall be in
substantial conformance with preliminary architectural and
landscape plans; the final wall design shall be prepared in
consultation with the Director of Community Development.
Landscaping berms and other planting techniques shall be
employed to minimize the visual dominance around the
development.
28 . The location and design of solar panels for heating any
swimming pool constructed within the development shall be
subject to the approval of the Director of Community
Development prior to the issuance of a Zoning Clearance for
construction. All solar panels shall be designed so as to
be part of the overall design of the structure supporting
it .
Locked Gated Access to Flood Control Channel
29. Any gated access to the flood control channel shall be
locked at all times to prevent permanent access unless
otherwise authorized in writing by the City.
Construction Access Plan
30 . The applicant shall submit a construction access plan to
the Department of Community Development for review and
approval by the Director of Community Development.
Zoning Clearance
31. Prior to submittal of construction plans for plan check or
initiation of any construction activity, a Zoning Clearance
shall be obtained from the Department of Community
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Development. If an applicant desires, construction plans
may be submitted to the Building and Safety Department with
a City approved Hold Harmless Agreement. Zoning Clearance
shall be obtained prior to initiation of any grading or
construction activity. If the applicant desires, grading
may be initiated upon obtaining a grading permit and
providing a City approved "Hold Harmless Agreement" .
Submittal of Construction Drawings
32 . All final construction working drawings, grading and
drainage plans, plot plans, final map (if requested by the
Director of Community Development) , sign programs, and
landscaping and irrigation plans (three full sets) shall be
submitted to the Director of Community Development for
review and approval.
Revisions to Plans
33 . The existing plans shall be revised by the applicant and
approved by the Director of Community Development. The
following revisions shall be made:
a. The windows on all building elevations shall be
provided with surrounds or other architectural
features as approved by the Director of Community
Development.
b. All garage doors shall be of the roll-up sectional
type and have automatic garage door openers .
C. Additional garage door designs shall be provided. The
design of the doors are subject to the review and
approval of the Director of Community Development.
d. The east and west property line and the north property
line setback along the Los Angeles Avenue property
frontage shall have a ten (10) foot high wall (as
measured on the project side) , unless otherwise
modified by the Director of Community Development. The
project property line walls on the east and west
property lines shall be constructed prior to issuance
of zoning clearance for grading. Perimeter and walls
separating yards shall be made of slump block brown in
color (or as otherwise approved by the Director of
Community Development) . Interior walls separating
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yards shall be six (6) feet in height . Front yard
gates shall be Redwood.
e. The perimeter wall along the west property line
frontage may be modified to provide for a combination
of wall and wrought iron fence between garage walls
with landscaping as agreed to between the Regal Park
Homeowners Association and the City. Any modification
to the requirement for the ten foot high wall is
subject to the review and approval of the Director of
Community Development.
f . The height and design of the proposed perimeter walls
are subject to the review and approval of the Director
of Community Development. The wall shall be built at
the property line of the residential lots as
determined by the Director of Community Development.
Prior to submittal of plans to the Department, the
applicant shall review the plans with the adjacent
property owners. The Director of Community Development
shall have final approval authority over design,
location and size of all walls/fences.
g. A fencing, perimeter, gate, and privacy barrier wall
plan (complete with related landscaping details)
identifying the materials to be used and proposed wall
heights and locations shall be submitted to and
approved by the Director of Community Development. The
approved fencing and barrier wall plan shall be
incorporated into the CC&R's. All fencing and barrier
walls along lot boundaries shall be in place prior to
occupancy, unless timing for installation is otherwise
stated in these conditions. where applicable prior to
approval of the final wall and fence plan, the
Director of Community Development shall approve the
connection of property line wall with existing fences
and or walls on the adjacent residential development.
The developer is required at his/her sole expense to
connect 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.
h. The first row of residential structures proposed
adjacent to Los Angeles Avenue shall be constructed
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with windows, walls and roofs with an STC rating of 30
or greater. The applicants engineer shall certify
that this criteria has been met.
i . A six (6) foot high wall and gate (for future access
to the Arroyo Simi) along the southerly property line
shall be constructed. The bottom three (3) feet shall
be constructed of slump block (or other material as
approved by the Director of Community Development)and
the top three (3) feet shall be wrought iron.
j . A ten foot (10) wide dense landscaping buffer along
the entire length of the southerly property line
adjacent to the Arroyo Simi shall be provided.
The size of the recreational area shall be increased
pursuant to Staff Alternative "B" and shall contain a pool
minimum surface area of 1, 000 sq. ft. ) , spa, wading pool,
deck area, tot lot and building containing restrooms and a
meeting room. The design of the recreation facility,
fencing and equipment proposed for the tot lot shall be as
approved by the Director of Community Development. The tot
lot may be located on Ventura County Flood Control property
if approved by the Ventura County Flood Control District
and the Director of Community Development.
k. Additional architectural features shall be
incorporated into the design including such items as
additional insets and/or pop-outs, and/or dormers
which would serve to both break up the horizontal and
vertical plane of the walls. Additionally, the use of
exposed rafter tails, more elaborate surrounds on all
windows, additional irregularly placed deep inset
windows, lintels at window heads, and door surrounds
should be considered.
1. All bathroom windows on the second story shall be
located a minimum of 51611 above the floor level and
have opaque glass.
M. All guest parking spaces shall be posted for "guest
parking" only. Signage required to properly identify
and limit parking spaces for "guests only" shall be
approved by the Director of Community Development.
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n. Along Los Angeles Avenue the Developer shall
irrevocably offer to dedicate for street purposes all
the property north of the final location of the north
property line wall .
The amount of property needed for the right-of-way for
Los Angeles Avenue and the location of the sidewalk
shall be as determined by the City Engineer and the
Director of Community Development except that the
right-of-way shall not exceed twenty (20) feet;
however, up to an additional five (5) feet (25 feet
total) may be added as required by the Director of
Community Development with a reduction of up to five
(5) feet in the north/south dimension of the
recreation lot to allow increased landscaping along
Los Angeles Avenue.
The developer shall landscape the area north of the
wall not required for street improvements and
sidewalk.
o. The proposed rolled curbs shall be replaced with
vertical curbs.
p. Four (4) foot wide sidewalks shall be provided on both
sides of all private streets.
Outstanding Case Processing Fees
34. The applicant shall pay all outstanding case processing
(Planning and Engineering) , and all City legal service fees
prior to issuance of a Zoning Clearance for any permits.
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 RPD and Tentative Tract Map.
Performance Bond
35. No Zoning Clearance may be issued for construction until
all on-site improvements specified in this permit have been
provided or the Director of Community Development approves
the acceptance of a Certificate of Deposit (CD) to
guarantee the construction and maintenance of exterior
improvements including, but not limited to perimeter tract
walls (including stucco treatment) , fences, slope planting
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Resolution No. 99-1666
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or other landscape improvements not related to grading,
private recreational facilities, etc. Said on-site
improvements shall be completed within 60 days of issuance
of a Certificate of Occupancy within a phase. In case of
failure to comply with any term or provision of this
condition, the City Council may by resolution declare the
surety forfeited. Upon completion of the required
improvements to the satisfaction of the City, the City
Council may reduce the amount of the deposit; however, the
Certificate of Deposit must be kept in full effect for one
year after the last occupancy to guarantee that items such
as perimeter tract walls, including stucco treatment;
landscaping; fences; slope planting or other landscape
improvements not related to grading; private recreational
facilities, etc. are maintained.
Vents and Metal Flashing
36. All roof vents and metal flashing shall be painted to match
the roof color. All deck drains shall drain to the side and
not facing the private street.
37. Solar panels for heating any swimming pool constructed
within the development shall be subject to the approval of
the Director of Community Development prior to the issuance
of a Zoning Clearance for construction. All solar panels
shall be designed so as to be part of the overall design of
the structure supporting it.
Garage Size
38. Individual garages shall maintain minimum unobstructed
inside dimensions of 20 feet in length and 20 feet in width
with a minimum interior height of 8 feet.
Adjacent Property Walls and Fences
39. All property line garden walls or wrought iron fences shall
be no further than one inch from the property line.
Provision for Image Conversion of Plans into Optical Format
40 . Prior to issuance of the first Certificate of Occupancy,
the builder shall provide to the City an image conversion
of building, landscape, public improvement and site plans
into an optical format acceptable to the City Clerk.
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Cable Service
41 . Television cable service shall be provided to all
residential units consistent with existing cable system
requirements. Undergrounding of cable wires is required and
no lines shall be allowed to be extended along the exterior
walls of the residential buildings.
Color of Exterior Building Materials
42 . All exterior building materials and paint colors shall be
those approved by the Redevelopment Agency.
Asbestos
43 . No asbestos pipe or construction materials shall be used.
Public Nuisance
44 . The Director of Community Development may declare a
development project that is not in compliance with the
Conditions of Approval or for some other just cause, a
"public nuisance" . The applicant shall be liable to the
City for any and all costs and expenses to the City
involved in thereafter abating the nuisance and in
obtaining compliance with the conditions of approval or
applicable codes. If the applicant fails to pay all City
costs related to this action, the City may enact special
assessment proceedings against the parcel of land upon
which the nuisance existed.
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
Will Serve Letter
45. An "Unconditional Will Serve Letter" for water and sewer
service shall be obtained from the Ventura County
Waterworks District No. 1.
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PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
Enforcement of Vehicle Codes
46 . Prior to Issuance of a Zoning Clearance for Construction,
the applicant shall request the City to enforce appropriate
vehicle codes on subject property as permitted by Vehicle
Code Section 21107.7.
Payment of Fee for Crossing Guard
47. Prior to the issuance of the first occupancy, applicant
shall pay an amount to cover the costs associated with a
crossing guard for five years at the then current rate when
paid, plus the pro-rata cost of direct supervision for one
crossing guard location and staff 's administrative costs
(calculated at fifteen percent of the above costs) .
Completion of Common and Front Yard Landscaping
48 . The applicant shall install front yard landscaping as
approved on the landscape plans . Front yard and common
landscaping shall be completed for each lot prior to it's
occupancy.
Acceptance of On-Site Improvements
49. No Final Inspection approval shall be granted prior to
acceptance of site improvements such as perimeter and
retaining walls, landscaping, fences, slopes, private
recreation areas, and other improvements not related to
grading, etc. , or the applicant has provided sufficient
security as approved by the Director of Community
Development to guarantee completion of the improvements.
Said on-site improvements shall be completed within 60 days
of issuance of Final Inspection approval. in case of
failure to comply with any term or provision of this
agreement, the City Council may by resolution declare the
surety forfeited. Upon completion of the required
improvements to satisfaction of the City, the City Council
may reduce the amount of the surety. However, the surety
must be kept in full effect for one year after initial
occupancy to guarantee the items such as perimeter and
retaining walls, landscaping, fences, slopes, private
recreation areas, and other improvements not related to
grading, etc. are maintained.
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50 . All related perimeter and garden walls shall be constructed
prior to the issuance of a zoning clearance for occupancy.
CITY ENGINEER CONDITIONS:
PRIOR TO ISSUANCE OF THE FIRST BUILDING PERMIT FOR CONSTRUCTION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
51. The applicant shall have recorded Tract Map 5133 . The
Conditions of Approval for Tentative Tract Map shall apply
to Residential Planned Development Permit No. 98-1 .
MOORPARK POLICE DEPARTMENT REQUIREMENT:
52. The applicant is required to adhere to applicable Police
Department Requirements.
WATERWORKS DISTRICT NO 1 CONDITION:
53. The Conditions of Approval for Tentative Tract Map No. 5133
shall apply to Residential Planned Development Permit No.
98-1
FIRE DEPARTMENT CONDITIONS:
54. The Conditions of Approval for Tentative Tract Map No. 5133
shall apply to Residential Planned Development Permit No.
98-1.
AIR POLLUTION CONTROL DISTRICT CONDITIONS:
55. All clearing, grading, earth moving, or excavation
activities shall cease during periods of high winds (i.e. ,
greater than 15 miles per hour averaged over one hour) to
prevent excessive amounts of fugitive dust.
56. All trucks that will haul excavated or graded material off-
site shall comply with State Vehicle Code Section 23114,
with special attention to Sections 23114 (b) (F) , (e) (2) and
(e) (4) as amended, regarding the prevention of such
material spilling onto public streets and roads.
57. All unpaved on-site roads shall be periodically watered or
treated with environmentally safe dust suppressants to
prevent excessive amounts of dust.
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58 . The area disturbed by clearing, grading, earth moving, or
excavation operations shall be minimized to prevent
excessive amounts of fugitive dust.
59. All active portions of the site shall be either
periodically watered or treated with environmentally safe
dust suppressants to prevent excessive amounts of dust.
60. On-site vehicle speeds shall not exceed 15 miles per hour.
61. Equipment engines shall be maintained in good condition and
in proper tune as per manufacturers specifications.
MOORPARK UNIFIED SCHOOL DISTRICT CONDITION;
62. Prior to the issuance of Building Permits for construction,
the applicant shall pay applicable school fees.
MITIGATION/MONITORING PROGRAM
TENTATIV$ TRACT MAP NO. 5133
RESIDENTIAL PLANNED DEVELOPMENT 98-1
Geology and Soils Mitigation and Monitoring
Mitigations
1 . 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 the improvements; and shall post
sufficient surety guaranteeing completion. The soils
engineer as part of the grading permit will determine the
extent and depth of soil removal and re-compaction
necessary.
2 . Concurrent with submittal of the rough grading plan an
erosion control plan shall be submitted to the City for
review and approval by the City Engineer. Along with these
erosion control measures, hydroseeding and temporary
irrigation shall be provided on all graded slopes within 30
days of completion of grading on those slopes.
3 . The applicant shall submit to the City of Moorpark for
review and approval, detailed Soils and Geology Reports
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certified by a Registered Civil Engineer in the State of
California. The geotechnical report shall include an
investigation with regard to liquefaction, expansive soils,
and seismic safety. In addition, the soils report shall
discuss the contents of the soils as to the presence or
absence of any hazardous waste or other contaminants in the
soils.
4 . All recommendations included in the geotechnical and
geology reports shall be implemented during project design,
grading, and construction.
Monitoring
Prior to issuance of Permits, the City Engineer will review and
approve plans which incorporate measures which adequately reduce
geotechnical concerns. Inspections will be made at various
stages of the building process to ensure building codes and
engineering conditions have been satisfactorily addressed.
Water Mitigation and Monitoring
Mitigation
Storm Water Runoff and Flood Control Planning
1 . The Subdivider/Developer 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 public
improvements and shall post sufficient surety guaranteeing
the construction of all improvements.
2. The plans shall depict all on-site and off-site drainage
structures required by the City.
3 . The drainage plans and calculations shall demonstrate that
the following conditions will be satisfied before and after
development.
4 . Quantities of water, water flow rates, major water courses,
drainage areas and patterns, diversions, collection
systems, flood hazard areas, sumps, sump locations,
detention facilities, and drainage courses. Hydrology shall
82
J
Resolution No. 99-1666
Page 60
be per the current Ventura County Standards except as
follows:
5. All storm drains shall carry a 10-year frequency storm;
6 . All catch basins shall carry a 10-year storm;
7. 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;
8. All culverts shall carry a 100-year frequency storm;
9. Drainage facilities shall be provided such that surface
flows are intercepted and contained in an underground storm
drain prior to entering collector or secondary roadways;
10. Under a 10-year frequency storm, local, residential and
private streets shall have one dry travel lane available on
interior residential streets. Collector street shall have a
minimum of one dry travel lane in each direction.
11. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the Developer;
12. All drainage grates shall be designed and constructed with
provisions to provide adequate bicycle safety to the
satisfaction of the City Engineer;
13 . If the land to be occupied is in an area of special flood
hazard, the Developer shall notify all potential buyers in
writing of this hazard condition. The grading plan shall
also show contours indicating the 50- and 100-year flood
levels.
14. All flows from brow ditches, ribbon gutters and similar
devices shall be deposited into the storm drain system
prior to entering streets. If necessary, the storm drain
shall be extended beyond the public right-of-way through
easements to eliminate surface flow between parcels. Both
storm drain and easements outside the right-of-way are to
be maintained by the owner unless otherwise approved by the
City Council.
r
83
Resolution No. 99-1666
Page 61
15. Concrete drainage structures shall be tan colored concrete,
as approved by the Director of Community Development, and
to the extent possible shall incorporate natural structure
and landscape to reduce their visibility.
16. Drainage 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, subject to review and approval of the City
Engineer.
17. The Subdivider/Developer shall demonstrate for each
building pad within the Tentative Map area that the
following restrictions and protections can be put in place
to the satisfaction of the City Engineer:
18. Adequate protection from a 100-year frequency storm.
19. Feasible access during a 50-year frequency storm.
20 . Hydrology calculations shall be per current Ventura County
Standards.
21 . The Subdivider/Developer shall demonstrate that, upon
occurrence of the failure of the storm drain system at the
intersection of West Street and South Street, the storm
overflow will pass to Arroyo Simi without flooding adjacent
housing.
National Pollutant Discharge Elimination System (NPDES)
1. Prior to the issuance of any construction/grading permit
and/or the commencement of any clearing, grading or
excavation, the applicant/owner shall submit a Storm Water
Pollution Control Plan (SWPCP) , on the form provided by the
City for the review and approval of the City Engineer.
2 . The SWPCP shall be developed and implemented in accordance
with requirements of the Ventura Countywide Storm Water
Quality Management Program, NPDES Permit No. CAS063339.
3. The SWPCP shall identify potential pollutant sources that
may affect the quality of discharges to storm water and
shall include the design and placement of recommended. Best
Management Practices (BMPs) to effectively prohibit the
r
84
Resolution No. 99-1666
Page 62
entry of pollutants from the construction site into the
storm drain system during construction.
4 . Prior to the issuance of any construction/grading permit
and/or the commencement of any clearing, grading or
excavation, the applicant/owner 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. CASQ00002) :
Waste Discharge Requirements for Discharges of Storm Water
Runoff Associated with Construction Activities) . The
applicant/owner shall comply with all additional
requirements of this General Permit including preparation
of a Storm Water Pollution Prevention Plan (SWPPP) .
5. The Subdivider/Developer 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 five or more acres . " The developer shall
submit a Notice of Intent (NOI) to the City Engineers
office as proof of permit application.
6. Improvement plans shall note that the contractor shall
comply to the "California Storm Water Best Management
Practice Handbooks. "
7. The Subdivider/Developer shall also comply with NPDES
objectives as outlined in the "Storm Water Pollution
Control Guidelines for Construction Sites" . This handout is
available at the City Engineer's office and a copy will be
attached to the approved grading permit.
8. Development shall be undertaken in accordance with
conditions and requirements of the Ventura Countrywide
Storm Water Quality Management Program, NPDES Permit No.
CAS063339.
9. The project construction plans shall incorporate Best
Management Practices (BMPs) applicable to the development
for the review and approval of the City Engineer.
10. All on-site storm drain inlets, whether newly constructed
or existing, shall be labeled "Don't Dump - Drains to
Arroyo" .
85
Resolution No. 99-1666
Page 63
11. Landscaped areas shall be designed with efficient
irrigation to reduce runoff and promote surface filtration
and minimize the use of fertilizers and pesticides which
can contribute to urban runoff pollution.
12. Parking and associated drive areas with 5 or more spaces
shall be designed to minimize degradation of storm water
quality. Best Management Practices, such as oil/water
separators, sand filters, landscaped areas for
infiltration, basins or approved equals, shall be installed
to intercept and effectively prohibit pollutants from
discharging to the storm drain system. The design must be
submitted to the City Engineer for review and approval
prior to the issuance of a building permit .
13. City Ordinance No. 100 and the Federal Emergency Management
Agency (FEMA) , require updating of the National Flood
Insurance Program maps for affected areas whenever any
alteration of the watercourse is made. All materials
required by FEMA for a map revision shall be provided to
the City Engineer's office. This material will demonstrate
the revised flood plain locations following development.
This information will be forwarded by the City Engineer to
the FEMA for review and updating of the National Flood
Insurance Program maps. If updates to the flood zone have
been made a conditional letter of map revision shall be
provided to the City prior to issuance of a zone clearance
for occupancy of the first residential unit. The Developer
will be responsible for all costs charged by the FEMA and
the City's administrative costs .
14 . All structures proposed within the 100-year flood zone
shall be elevated at least one foot above the 100-year
flood level .
15. The Developer shall provide for all necessary on-site and
off-site storm drain facilities required by the City to
accommodate upstream and on-site flows. Facilities, as
conceptually approved by the City, shall be delineated on
the final drainage plans. Either on-site retention basins
or storm water acceptance deeds from off-site property
owners must be specified.
r
86
Resolution No. 99-1666
Page 64
Monitoring
1. All plans will be reviewed and approved by the City
Engineer prior to issuance of building permits for
construction. Periodic inspections will be made during
construction to insure compliance with required conditions
and City standards.
Street Improvements Mitigation
Street Improvement Requirements:
16. The Developer shall submit to the City of Moorpark for
review and approval, street improvement plans prepared by a
Registered Civil Engineer; and shall post sufficient surety
guaranteeing the construction of the improvements. Street
improvements shall not be accepted by the City for
maintenance until completion, unless otherwise determined
by the City Engineer. Parking and wall maintenance shall be
carried out by the Homeowners' Association.
17. Publicly dedicated streets shall conform to the design
requirements of the Ventura County Road Standards (most
recent revision) , or as modified per City Resolution.
18. The street improvements shall include concrete vertical
curb and gutter, parkways, street lights, and signing,
striping, interim striping and traffic control, paving, and
any necessary transitions, to the satisfaction of the City
Engineer. All driveway locations shall be approved by the
City Engineer and the Director of Community Development .
The Developer shall dedicate any additional right-of-way
necessary to make all of the required improvements.
19. Prior to the issuance of a Zoning Clearance for
construction for each unit, the applicant shall pay a
Citywide Traffic Mitigation Fee for each of the residential
units, except for the Affordable units which shall be paid
prior to Final Inspection.
Monitoring
1 . The City Engineer will review and approve all plans prior
to issuance of building permits. Periodic inspections will
be made at various stages during the building process to
87
Resolution No. 99-1666
Page 65
ensure that required conditions and requirements have been
satisfied.
Noise
Mitigation
1. The first row of residential structures proposed adjacent
to Los Angeles Avenue shall be constructed with windows,
walls and roofs with an STC rating of 30 or greater. The
applicant 's engineer shall certify that this criteria has
been met . A Ten (10) foot sound wall shall be constructed
on the property line adjacent to Los Angeles Avenue.
Monitoring
1. Prior to issuance of a building permit, the applicant's
engineer shall certify that this requirement has been
satisfied.
Transportation and Traffic
1. The entrance at "A" Street shall be designed to include
traffic control devices acceptable to Caltrans and the City
Engineer that prohibit left turn movements onto Los Angeles
Avenue from "A" Street and onto "A" Street from Los Angeles
Avenue.
2. The developer shall submit for review and approval traffic
counts/estimates for stacking of vehicles at the entrance
of "A" Street during peak hours. The Developer shall
justify that the design of the entrance of "A" Street is
adequate for peak hour stacking of vehicles and truck
turning radius movements. The Developer shall submit for
review and approval traffic data to justify the design of
deceleration and acceleration lanes on Los Angeles Avenue.
3 . The Developer shall make a special contribution to the City
representing the Developer's pro-rata share of the cost of
improvements at the following intersections:
New Los Angeles Avenue/Spring Road ($165, 000)
New Los Angeles Avenue/Moorpark Avenue ($65, 000)
Poindexter Avenue/Moorpark Avenue ($120, 000)
The actual contribution (pro-rata share) shall be based
upon the additional traffic added to the intersection. The
88
Resolution No. 99-1666
Page 66
Developer' s traffic engineer shall provide the City
Engineer an estimate of the projected numbers for
calculation of the pro-rata share.
Monitoring
Prior to recordation of the final map, the City Engineer will
insure that these requirements have been satisfied.
89
Resolution No. 99-1666
Page 67
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. 99-1666 was adopted by the City Council
of the City of Moorpark at a meeting held on the 6`h day of
October, 1999, and that the same was adopted by the following
vote:
AYES: Councilmembers Evans, Rodgers, Wozniak and Mayor
Hunter
NOES: Councilmember Harper
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 17`h
day of November, 1999.
29'22tls� S. +...�1 -
Deborah S. TraffenAVdt, City Clerk
(seal)
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CC ATTACHMENT NO. 5
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RECREATION AREA LOCATION AS
APPROVED PER TRACT 5425
(ENTIRE AREA OFF-SITE)
CC ATTACHMENT NO. 7
94
PROJECT EXHIBITS
PROVIDED UNDER
SEPARATE COVER
CC ATTACHMENT N0. 8
SheaHomes
Caring since 1881 RECEIVED
NOV 10 2009
November 9, 2009 CITY OF MOORPARK
David Bobardt
Planning Director
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Re: Tract 5133 Request for Modified Location of Recreation Area
Dear Mr. Bobardt,
Thank you for the recent telephone conversations regarding the proposed modification
of the recreation area for Tract 5133. It is our understanding that the city staff has
further reviewed our proposed location of the recreation area within Tract 5133 and at
this time, staff is no longer supportive of our application. We are requesting that the
proposed minor modification be placed on the City Council agenda as soon as possible
so that a final determination can be made by the Council.
Based on current economic conditions, we are uncertain as to the timing for Tentative
Tract 5425. As a result, earlier this year we proactively discussed with city staff the
potential of developing a recreation area within the boundaries of Tract 5133 so that we
could complete that community, which is well underway. The original Conditions of
Approval for Tract 5133 required the recreation area be constructed within Tract 5133
and through the minor modification process, the recreation area was moved to an area
within Tentative Tract 5425.
We are surprised by the recent concerns raised by the staff regarding this proposal. We
had met with members of the city staff to coordinate and collaborate on this proposal
prior to our submittal. Through this process, we believed that we had developed a
solution to the recreation center within Tract 5133 that met the needs of the city and the
residents of the Canterbury Lane community.
As stated above, we understand that the city staff is no longer supportive of our
proposal and is suggesting an alternative location that is closer to the originally
approved location. Again, we are requesting that we be placed on the agenda for a City
Council hearing in order to make a final determination.
1250 Corona Pointe Court
Suite 600 CC ATTACHMENT 9 p
Corona,CA 92879 Shea Homes Limited Partnenhi d'
Shea Homes Marketing Company
951.739.9700 T (ndeDendenc membn alts Shea f mtl ofro pane+
951.738.1758 F
Our requested modification to the location meets the original condition of approval for
the recreation area located in Tract 5133. We believe the location is better for a number
of reasons, which we will outline below:
• The size of the currently approved recreation area is 15,405 sq.ft. and serves
181 homes. The recreation area we have proposed within Tract 5133 is 12,531
sq.ft. and serves 75 homes. If comparing the square foot of recreation area per
home, the proposed recreation area equates to almost double the square
footage per home. Based on our telephone conversations, it is our
understanding that the city staff would like us to move the recreation site to the
vacant lots closest to Majestic. This site will separate the pool and building from
the tot lot and equals a combined 10,250 sq. ft. Our current proposed site is
approximately 20% larger than the alternative location proposed by staff.
• The current approved recreation area is adjacent to Parcel X and the Arroyo
and likewise, the proposed recreation area is adjacent to the same area. Its
position in the community is similar to the approved area in Tract 5425.
• We realize that staff is concerned that the recreation area is not centrally
located within the community. While this seems convenient, we have found in a
number of our communities that our residents enjoy the recreation area on an
edge of the community. This allows for the recreation center to impact less
homes and provides for a private setting, as well as leverage the adjacent open
space and views.
• We have presented the revised location to our existing residents and they are
satisfied with the location. Through this process, we believe it's important to
remember that the residents are the ones using the facilities and are paying for
their upkeep and maintenance. At this time, the homeowners are eager for their
recreation facility and the proposed location in Tract 5133 can be built much
sooner than a recreation area in Tract 5425.The recreation facility in Tract 5133
can be built in conjunction with the adjacent homes and delivered at the same
time. Having a completed recreation area within Tract 5133 allows for use by
the Canterbury Lane homeowners while construction is occurring in Tract 5425.
It allows for a safe path of travel by the residents to the recreation center in lieu
of the recreation center being constructed as an island for a number of years
until Tract 5425 is completed.
• The location proposed by staff only moves the entrance approximately 250' to
the north. We believe that this is not a material distance and has a much
greater impact to the surrounding homes. This location results in a recreation
area that is surrounded on three sides by residences. Two side yards and three
rear yards will enclose the recreation area. Although both locations are across
the street from the neighboring apartments, the City proposed location will
effectively "face" the apartments while our proposed location will "face" the
Arroyo. Shea's proposed location impacts two side yards and because of the
width of the recreation area lot, we are able to locate the building and pool
further away from the homes.
• The location proposed by city staff separates the tot lot from the recreation
center, which makes access to the restrooms less convenient for young families
using the tot lot. Shea's proposed plan ties the building and adjacent patio
area to the tot lot, which allows for children's birthday parties and gatherings.
This would not be feasible with a separate tot lot. A separate tot lot also creates
an additional area the HOA will need to monitor for safety reasons. Our
proposed plan allows for multiple uses in one location and provides many
alternative uses for the homeowners. This is similar to the approved location
and is superior to the original location within Tract 5133.
• Our revised plan provides the opportunity to provide an ADA accessible parking
area plus an additional parking spot. The original location of the recreation area
did not have adjacent parking. The city staff proposed relocation area is not
conducive to parking and at most, only one ADA accessible parking spot will be
available.
• As required, a second recreation center will still be constructed in Tract 5425
when that project is built.
We have provided a recreation center comparison sheet with our letter to assist in
demonstrating the differences between the various locations. We have also attached
two maps. One map is of Tract 5133 and illustrates a number of the bullet points
above. The second is a map of Tract 5425 and shows the location of the currently
approved location.
As stated earlier will believe that our proposed location is superior to the original plan,
the timing and location is an enhancement for the current residents over current
approved plan and the location relates better to the adjacent housing than the city staff
proposed location and we would like to be able to present it to the City Council to
enable us to obtain approval.
Please let me know at your earliest convenience how we proceed with this request.
Sincerely,
SHEA HOMES LP
Brooke Thomas
Community Development Manager
Cc: Steven Kueny, City Manager, City of Moorpark
Joseph Fiss, Principal Planner, City of Moorpark
Bob Yoder, President, Shea Homes LP
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Recreation Center Comparison
Item Original(located within Tract Current Approved(deferred to Proposed(located within Tract Staff Proposed Alternative
5133) Tract 5425) 5133 located within Tract 5133
Size of center 6,650 15,405 12,531 10,250
Homes Servicing 80 181 75 74
Square foot of rec to home 83.1 85.1 167.1 138.5
Parking none 1 ADA, 1 regular 1 ADA, 1 regular 1 ADA
Amenities and Features
Location Central to Tract 5133 Located adjacent to open area Located adjacent to open area Location interlocked on three
which allows for the site to be which allows for the site to be sides by residential units
open on four sides open on three sides
Residents adjacent Recreation area is adjacent to Recreation area is adjacent to Recreation area is adjacent to Recreation area is adjacent to
four rear yards four rear yards two side yards three rear and two side yards.
Note:four homes already sold
Access Access is available for the Access is available for the Access is available for the Access is available for the
residents from two public streets residents from one private residents from two private residents from one private
residential street residential streets residential street
Other Features Tot lot adjacent to pool area Tot lot adjacent to pool area Tot lot in separate location
which provides restroom access which provides restroom access
Patio area contiguous to the Patio area contiguous to the pool Shape of site makes dual use
pool area to provide picnic and a area to provide picnic and a third areas difficult
third use to the area use to the area
Tot lot area not fenced Entire rec area fenced, including
tot lot
N
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�14.11E59 (2000 (18)
Recording Requested By COFT
And When Recorded Return to:
CITY CLERK �III���M��IMIIII�II��"I�I�
CITY OF MOORPARK ii 1116
799 Moorpark Avenue
Ventura County Clork " ROW"'
Moorpark, California 93021 PfillLo J. Schmit
EXEMPT FROM RECORDER'S FEES 0t1jjj2"'? 03:'9`30 PM
WE
Pursuant to Government Code 5.00
§ 6103
AGREEMENT REGARDING CONDITIONS OF APPROVAL
(TRACT 5133)
BY AND BETWEEN
THE CITY OF MOORPARK
AND
SHEA HOMES, LIMITED PARTNERSHIP
102
CC ATTACHMENT 10
Agreement Regarding Conditions of Approval
(Tract 5133)
This Agreement Regarding Conditions of Approval ("Agreement") is entered into
by and between the City of Moorpark ("City") and Shea Homes, Limited Partnership
("Shea") and is dated and effective as of July 27, 2006.
Section 1. Recitals: Purpose of this Agreement.
a. The purpose of this Agreement is to (i) authorize Shea to proceed with the
completion, inspection and sale of the 26 dwelling units ("Initial Phase") within the
Project as defined and subject to its existing entitlements and conditions, except as
expressly modified therein below and (ii) suspend Shea's right to proceed with the
development of units 27 through 77 ("Subsequent Phase"), construction and sale of
residential dwelling units in accordance with its existing entitlements and approvals, as
defined below, pending a determination of the off and on site requirements for various
flood control improvements.
b. During the processing of the Project, it was determined that the Initial
Phase of the project, consisting of 26 residential dwelling units could be developed,
constructed and allow to proceed to sale due to the boundary of the 100 year Federal
Emergency Management Agency ("FEMA"), a federal agency governed by federal law,
designated floodplain. In order to develop the Second Phase of the Project, consisting
of 51 residential units, Shea requested a Conditional Letter of Map Revision ("CLOMR"
required for and authorizing the development of Second Phase. However, during
Shea's processing of the CLOMR for the Second Phase, FEMA release a draft Digital
Flood Insurance Rate Map (DFIRM), modifying the standards for FEMA's issuance of a
CLOMR and rendering it moot unless and until a final determination on a FIRM is made
by FEMA.
C. Shea and the City agree that Shea may complete the development and
sale of units in the Initial Phase of the project, subject to the modification of its
conditions of approval and requirements set forth below, pending a final determination
of FEMA and a determination of the viability or feasibility of the development of the
Subsequent Phase of the Project.
d. Shea is the owner of property located at the south side of Los Angeles
Avenue, west of Fremont Street ("Property"). The Property is described and depicted
on Exhibit A, attached hereto. Shea submitted a subdivision map for development of a
77 unit residential project, Tract 5133 and Residential Planned Development Permit 98-
01 collectively referenced as the Project.
e. Tentative Tract 5133 was approved by the Moorpark City Council on
September 15, 1999 and modified by the City Council on three occasions, July 17,
2001, July 14, 2002, and July 2, 2003. The Residential Planned Development Permit
98-01 was approved by the City Council on September 15, 1999 modified by the City
Council on three occasions, July 17, 2001, July 14, 2002, and July 2, 2003. The Final
C-0ocuments and SettingskDavidLalfvly Documents\Canterburffinal-Conditions of Approval Agrrnt 072706.DOC
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n—.._ n ..c 4.
Map for Tract 5133 was approved by the Moorpark City Council on September 7, 2005
and was recorded on October 18, 2005.
f. Subsequent to approval of the Final Map for Tract 5133, Shea
commenced construction of 26 homes within the subdivision.
g. During the commencement of construction, but after approval of final
building permits for the Initial Phase in the seventy-seven (77) unit project, the Federal
Emergency Management Association ("FEMA") issued an updated Digital Flood
Insurance Rate Map ("DFIRM").. The DFIRM shows that 51 of the residential units
within Tract 5133 are proposed to be classified as within the floodway of the Arroyo
Simi, and therefore may be unbuildable under Federal and State law, pending further
regulatory actions by FEMA or the design of revised flood control measures on and
offsite to the project's boundaries.
h. The City of Moorpark has appealed the draft FEMA DFIRM, but such
appeal, if successful, may not by itself necessarily alter the FEMA proposed designation
on the Subsequent Phase yet to be constructed.
i. Ventura County Watershed Protection District and the Federal Emergency
Management Agency have preliminarily determined that if certain improvements are
made to the Arroyo Simi, the course of flooding in a storm event may change to the
extent that the DFIRM could be revised to remove the 51 units in the Second Phase
from the floodway, thereby making them developable.
j. The cost of the Arroyo Simi improvements has been preliminarily
estimated at approximately $22 million dollars, prior to their review by agencies with
jurisdiction over its permitting and approval of its final design. Shea and the City are
exploring ways to finance such improvements. In the interim, Shea wishes to continue
development of the Initial Phase, which is not affected by the DFIRM or construction of
the Arroyo Simi improvements and sell such units for residential occupancy.
k. Both the City and Shea wish to clarify the phasing of certain project
conditions of approval as a result of the DFIRM issue, to ensure the 26 units in the Initial
Phase, once developed and occupied, are adequately served with public infrastructure,
as the ultimate resolution of the balance of the project's 51 units in the Subsequent
Phase affected by the DFIRM is uncertain at this time.
The above Recitals are incorporated herein by reference into the provisions of
this Agreement.
Section 2. Requirements: Phasing for Interim Development of 26 units in the
Initial Phase.
Development of the 26 units shall be governed by the Project approvals and
conditions of approval for the project, except as otherwise specifically permitted herein:
1. Shea further agrees as follows-
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a. To disclose in writing to all purchasers of the 26 units the present DFIRM
issues, Shea's current efforts in that regard, and the possibility that only 26 of the 77
units (or some number less than the total 77) may ultimately be developed.
b. Prior to occupancy of the first (1St) dwelling unit in the Initial Phase, Shea
shall pay to City all outstanding fees and deposits, including condition compliance, owed
on the Project for the 26 units and, where appropriate the full fees for the entire project
or a percentage of the outstanding fees for the 26 units, whichever the City determines
to be appropriate. Any overpayment of fees shall be reimbursed to Shea after all 26
units have been released for occupancy.
C. Prior to occupancy of the first (1St) dwelling unit in the Initial Phase Shea
shall enter into a Affordable Housing Purchase and Sale Agreement with the City for
construction and administration of the project affordable units and payment of affordable
housing fees.
d. Prior to occupancy of the twentieth (20th) dwelling unit in the Initial Phase,
Shea shall complete all its required improvements to Los Angeles Avenue (Hwy 118)
adjacent to the site consistent with the conditions of approval for the Project.
e. Prior to occupancy of the twentieth (20`h) dwelling unit in the Initial Phase,
Shea shall record all required dedications and easements to the City and other
identified agencies.
f. Prior to occupancy of the twentieth (20th) dwelling unit in the Initial Phase,
all interior streets and landscaping shall be completed in the developed areas, north of
Majestic Court.
g. Prior to occupancy of the twentieth (20th) dwelling unit in the Initial Phase,
Shea shall construct an on-site passive recreation area south of the developed areas
and north of Majestic Court. The recreation area shall be landscaped and irrigated to
City of Moorpark specifications and shall be maintained by the Homeowners
Association.
h. Prior to occupancy of the twentieth (20th) dwelling unit in the Initial Phase,
Shea shall construct a tubular steel security fence on the south side of Majestic Court
with a locked gate that provides access to the Arroyo Simi to the satisfaction of the
Community Development Director.
i. Prior to occupancy of the twentieth (20th) dwelling unit in the Initial Phase,
Shea shall complete Majestic Court improvements to the existing terminus of Fremont
Street. The improvements shall be temporary improvements consisting of the City
approved base and asphalt for the road, and curbs and sidewalks only required on the
north side of the street. Construction of a barrier to vehicular access at the southern
terminus of Freemont Street may be required as part of the improvements. The precise
design of the temporary improvements and permanent improvements for the extension
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of Majestic Court to Fremont Street shall be subject to Community Development
Director's and City Engineer's approval.
j. Prior to occupancy of the twentieth (20th) dwelling unit in the Initial Phase,
Shea shall install a gate at northwest corner of property on LA Avenue. The design of
the gate is subject to the approval of the Community Development Director.
k. Prior to the occupancy of the first (1st) dwelling unit in the Initial Phase,
Shea shall pay a $60,000.00 contribution toward the future design and installation of a
signal light at LA Avenue and Millard Street in accordance with condition six (6) of Minor
Modification Number 3 of Vesting Tentative Tract 5133.
I. Prior to the occupancy of the first (1st) dwelling unit in the Initial Phase,
Shea shall pay an Art in Public Places fee for the Initial Phase which obtained zoning
clearance after the fee became effective.
M. Prior to occupancy of the tenth (10th) dwelling unit in the Initial Phase,
Shea shall provide security for ten (10) years of the Active Assessment District fees for
the 51 units. The amount shall be One Hundred Eighty-Three Thousand Eight Hundred
Dollars ($183,800.00). The security may be in the form of an irrevocable letter of credit
in the amount of$183,800.00 for ten (10) years or in the form of cash. If an irrevocable
letter of credit is provided, Shea shall have the right to annually renew the letter of credit
as required by its lender, so long as security in the amount set forth above is maintained
and the form and content of the irrevocable letter of credit is acceptable to the City
Attorney and City Treasurer. If the payment is in the form of cash City agrees to reduce
the total required by ten percent (10%) per year and Shea agrees to allow City to retain
any interest earnings on this deposit for purposes of the subject assessment district.
The form and content of the irrevocable letter of credit shall be approved by the City
Attorney and the City Treasurer.
n. Shea shall cooperate and assist the Ventura County Watershed Protection
District (VCWPD), City and owners of other affected development projects, to gain
VCWPD's approval of a flood control improvement plan to protect the proposed
residential projects and other properties along the reach of the Arroyo Simi from Spring
Road to Tierra Rejada. Shea shall cooperate and assist to make sure that the plan also
includes a financing agreement with VCWPD and management of the completion of
hydrology, design, construction documents, environmental and permitting of said
improvements.
o. By July 1, 2007, the soil borrow pit on the adjacent Tentative Tract 5425
shall be refilled, consistent with plans approved by the City Engineer.
P. By July 1, 2007 complete construction activity related to the twenty-six
(26) dwelling units in the Initial Phase and remove all construction trailers, materials,
and vehicles from the site and the adjacent Tentative Tract 5425.
q. Shea agrees that any payments pursuant to this Agreement shall be made
without reservation, and Shea expressly waives the right to payment of any such fees
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under protest pursuant to California Government Code section 66020 and statutes
amendatory or supplementary thereto.
r. Shea agrees that if there is a conflict between the Project conditions of
approval and this Agreement that it will comply with the most favorable conditions as
determined by the City. Shea also agrees that if there is a conflict between this
Agreement and the Affordable Housing Purchase and Sale Agreement that it will
comply with the most favorable language as determined by the City.
S. Shea and the City agree that except as expressly provided herein, the
rights provided to Shea, pursuant to its vesting tentative map No. 5133, Conditions of
Approval and modifications to the Project as set forth in Recital No. 1.e. above are tolled
and suspended for a period not to exceed three (3) years, as they relate to the
Subsequent Phase of the Project, pending a determination of whether the flood control
issues constitute a circumstance pursuant to Government Code Section 66498.1(c)(1)
or (2), requiring the denial of a future permit, approval or other entitlement to build and
sell units in the Subsequent Phase.
t. Notwithstanding any provisions to the contrary, Shea agrees the amount
of any fee payable by the project for Unit Nos. 27 through 77, shall be the amount of
any fee then in existence at the time of payment and agrees that the fees required to be
paid per the conditions of approval and City Resolution No. 99-1666 and this
Agreement shall be the then applicable fees current at the time of building permit
issuance and construction shall be pursuant to the Building Codes in effect at that time
the building permit is issued, except for the requirement for fire sprinklers for residential
dwellings under 5,000 square feet.
U. Any fee provided for in the conditions of approval in Agreement that is not
covered by the above paragraph or does not have provisions for being increased by a
consumer price factor shall be adjusted annually commencing July 1, 2008 by the larger
increase of i)or ii) as follows:
i) The Consumer Price Index (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 /Riverside/Orange County metropolitan area during the prior
year. The calculation shall be made using the month of October over
the prior October.
ii) The calculation shall be made to reflect the change in the Caltrans
Highway Bid Price Index for Selected California Construction Items for
the twelve (12) month period available on December 31 of the
preceding year.
In the event there is a decrease in both of the referenced Indices for any annual
indexing, the applicable fee shall remain at its then current amount until such time as
the next subsequent annual indexing which results in an increase.
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V. In addition to fees specifically mentioned in this Agreement, Shea agrees
to pay all 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 include but are not
limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, drainage,
entitlement processing fees, and plan check and permit fees for buildings and public
improvements. Shea further agrees that unless specifically exempted by this
Agreement, it is subject to all fees imposed by City at the operative date of this
Agreement and such future fees imposed as determined by City in its sole discretion so
long as said fee is imposed on similarly situated properties.
W. In the event any of the "referenced Index" or "CPI" referred to in any
portion of this Section are discontinued or revised, such successor index with which the
"CPI" and or "referenced Index" are replaced shall be used in order to obtain
substantially the same result as would otherwise have been obtained if either or both
the "CPI" and "referenced Index" had not been discontinued or revised.
Section 3. Completion of Project.
Nothing in this Agreement is intended by either party to in any way limit
completion of the entire Tract 5133 project as it related to the Initial Phase or upon
resolution of the flood control issues, the Subsequent Phases (i.e. development of the
total Project) if the DFIRM and related issues can be resolved. All conditions of
approval shall remain in full force and effect for the entire project site, excepting as
specifically provided herein. Parties agree that:
a) Prior to issuance of the first (1st) building permit for the first (1S`) dwelling
unit of the Subsequent Phase, Shea shall pay City Two Hundred Forty-Five Thousand
Three Hundred Sixty-One Dollars ($245,361.00) in Affordable Housing Fees.
Commencing on October 1, 2007, and annually thereafter, the fee shall be adjusted by
any increase in the Consumer Price Index (CPI) until 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 June over the prior month of June. In the event there is a decrease in the CPI for any
annual indexing, the Affordable Housing Fee shall remain at its then current amount
until such time as the next subsequent annual indexing which results in an increase.
This payment will constitute satisfaction of the Affordable Housing Fees for the dwelling
units in the Subsequent Phase (regardless of the actual number of such units) required
pursuant to paragraph 2.1 of the Affordable Housing Purchase and Sale Agreement.
At such time as Shea has provided three (3) affordable units, consistent with the
Affordable Housing Purchase and Sale Agreement, in the Subsequent Phase City shall
refund One Hundred Forty Four Thousand Four Hundred Dollars ($144,400.00) without
interest to Shea. This action is intended to supercede the required action specified in
the last sentence of paragraph 2.2 of the Affordable Housing Purchase and Sale
Agreement.
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b) Shea will provide five affordable units in the Subsequent Phase if the total
number of dwelling units for the Subsequent Phase is fifty-one (51). Should the number
of units in the Subsequent Phase be less than fifty-one (51) units Shea's affordable
housing obligation will be prorated based upon the number of units times ten percent
(10%) but in no event shall there be less than four (4) such affordable units. The units
shall be provided in a manner so as to achieve the same or relatively the same
schedule as provided in the Purchase and Sale Agreement. Further, any fraction of a
unit shall be provided by paying additional fees based on the difference between the
market price of the unit compared to the then affordable price to a low income
household of 4 (e.g. if there is a 0.4 of unit obligation remaining and the market price is
$700,000.00 and the affordable price is $400.000.00 then Shea would pay 0.4 times
$300,000.00 equals $120,000.00). Such payment may be used at City's sole discretion
for affordable housing purposes. Shea further agrees that in no event will the required
housing and other fees and all affordable units shall be provided to City any later than
prior to occupancy of the last two (2) market rate units of the Subsequent Phase. All
affordable units shall be provided consistent with the Affordable Housing Purchase and
Sale Agreement.
Section 4. Indemnification.
a. Shea shall indemnify, defend with counsel approved by City, and hold
harmless City, and their officers, employees, servants and agents from any claim,
demand, damage, liability, loss, cost or expense for any damage whatsoever, including
but not limited to death injury to any person and injury to any property, resulting from, or
in any way connected with, the physical development of the Project, except such
damage as is caused by the sole negligence of City or any of their officers, employees,
servants or agents.
b. Shea agrees to indemnify, hold harmless and defend at its sole expense,
with counsel acceptable to City, any action brought against the City relative to the
modifications to the approvals of the Project, or related actions under CEQA. Such
indemnification shall require it to reimburse City for any court costs and/or attorneys'
fees which City may be required by the court to pay as a result of any such action. City
may cooperate in the defense of any such action at City's cost, but such participation
shall not relieve Shea of its obligation under this Section.
Section 5. City shall not be called upon to assume any liability for the payment
of any salary, wage or other compensation to any person employed by Shea performing
services contemplated by this Agreement. Shea is and shall at all times remain as to
the City as wholly independent contractor. Shea shall not at any time or in any manner
represent that it or any of its officers, employees or agents are in any manner
employees of the city. Nothing contained in this Agreement shall be deemed, construed
or represented by City or Shea to any third person to create the relationship of principal
and agent, partnership, joint venture, or any other association of any kind or nature
between City and Shea.
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Section 6. General Provisions
a. Successors and Assigns. This Agreement shall be binding upon-and inure
to the benefit of the parties hereto and their respective successors, assigns, legal
representatives, parent, subsidiary, affiliated and related entities, officers, directors,
principals, agents, servants, employees, representatives, and all persons, firms,
associations and/or corporations connected with them, including without limitation, their
insurers, sureties and/or attorneys.
b. Attorneys' Fees. In the event that any action, suit or other proceeding is
instituted to remedy, prevent or obtain relief from a breach of this Agreement, or arising
out of breach of this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees and costs incurred in such action, suit or other proceeding,
including any and all appeals or petitions therefrom.
C. Amendments. This Agreement may not be modified, altered, amended, or
rescinded except by an instrument in writing, which is signed by all parties affected by
any such modification, alteration, amendment or rescission.
d. Severability. Should any part, term or provision of this Agreement be
declared or determined by any court to be illegal or invalid, the validity of the remaining
parts, terms or provisions shall not be affected thereby and said illegal or invalid part,
term or provision shall be deemed not to be a part of this Agreement.
e. Construction. This Agreement is the product of negotiation, drafting and
preparation by and among the parties hereto and their respective attorneys. The parties
hereto expressly acknowledge and agree that this Agreement shall not be deemed
prepared or drafted by one party or another and its attorneys, and will be construed
accordingly. Any rule of construction to the effect that ambiguities are to be resolved
against the drafting parties shall not apply in the interpretation of this Agreement.
f. Notices. Unless specified elsewhere in this Agreement, all notices that
are required to be delivered under this Agreement in writing and personally delivered, or
sent by Federal Express, registered or certified mail, postage prepaid, or facsimile,
addressed as follows:
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To City: City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Attention: Steven Kueny
With a copy to: Burke, Williams, & Sorensen, LLP
444 S. Flower St., Suite 2400
Los Angeles, CA 90071
Attention: Joseph M. Montes, Esq.
To Shea: Shea Homes, LP
30699 Russell Ranch Road, Suite 290
Westlake Village, CA 91362
Attention: David Lauletta
Such addresses may be changed from time to time by the addressee by serving notice
as heretofore provided. Service of such notice or demand shall be deemed complete
on the date of actual delivery as shown by the addressee's registry or certification
receipt or at the expiration of the third day after the date of mailing (whether or not
actually received by the addressee), whichever is earlier in time.
g. Governing Law. This Agreement is made and entered into in the State of
California and shall, in all respects, be interpreted, governed and enforced in
accordance with the laws of the State of California applicable to contracts entered into
and fully to be performed therein.
h. Further Assurances. Each Party hereto shall from and after the date
hereof execute, acknowledge and deliver such further instruments and perform such
additional acts as any other Party may reasonably request to effectuate the intent of this
Agreement.
i. Time of Essence. The Parties hereby acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition, obligation and
provision hereof and that failure to timely perform any of the terms, conditions,
obligations or provisions hereof by either Party shall constitute a material breach of and
a non-curable (but waivable) default under this Agreement by the Party so failing to
perform.
j. Third Party Beneficiaries. No term or provision of this Agreement or the
exhibits hereto is intended to or shall be for the benefit of any person or entity not a
party hereto, and no such other person or entity shall have any right or cause of action
hereunder.
k. Assistance of Counsel. Shea and City each acknowledge that: (i) they
have been represented by independent counsel in connection with this Agreement; (ii)
they have executed this Agreement with the advice of such counsel; and (iii) this
Agreement is the result of negotiations between the parties hereto and the advice and
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assistance of their respective counsel. Each of the Parties has equally participated in
the drafting and preparation of this Agreement, and it is the intention of the Parties that
the construction or interpretation of this Agreement shall be made without reference to
the party who drafted any portion or particular provision of this Agreement or the relative
size and or bargaining power of the Parties.
I. Recordation. City may, at its expense, record this Agreement against title
to the Property.
M. Default and Cure. Failure or delay by either party to perform any term or
provision of this Agreement constitutes a default under this Agreement. A party
claiming a default (claimant) shall give written notice of default to the other party,
specifying the default complained of. The claimant shall not terminate this Agreement,
institute proceedings against the other party nor be entitled to damages if the other
party within thirty (30) days from receipt of such notice immediately, with due diligence,
commences to cure, correct or remedy such failure or delay and shall complete such
cure, correction or remedy within thirty (30) days from the date of receipt of such notice,
or if such cure, correction or remedy by its nature cannot be effected within such thirty
(30) day period, such cure, correction or remedy is diligently and continuously
prosecuted until completion thereof. Such cure, correction and remedy shall include
payment of any costs, expenses or damages incurred by the non-defaulting party
resulting from the default or during the period of default. A failure to cure after notice
and opportunity to cure shall be grounds for termination of this Agreement.
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IN WITNESS WHEREOF, the undersigned each has executed this Agreement as of the
date first above written.
CITY: DEVELOPER.
ITY OF MOORPAR �, �' HEA HOMES, LIMITED PARTNERSHIP
i California limited partnership
By ' _ J.F. Shea, L.P.,
atrick Hun a Delaware limited partnership
Mayor Its General Partner
By.- JFS Management, L.P.
a Delaware limited partnership
Its General Partner
By: J.F. Shea Construction
Management, Inc.,
a Delaware corporation
Its Ge ral Partner
By:
Tony talamante
Its: Assis nt Secretary
By:
David Lauletta
Its: Assistant Secretary
Attest:
By ..J""V
Deborah S. Traffenste
City Clerk
City of Moorpark Shea Homes, Limited Partnership
Address: 799 Moorpark Avenue 30699 Russell Ranch Road, Suite 290
Moorpark, California 93021 Westlake Village, CA 91361
Attn: Tony Talamante, Assistant Secretary
Exhibit A: Legal Description
Exhibit B: Site Plan
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• O�pK C�
MOORPARK
Z ° 0 799 Moorpark Avenue Moorpark, California 93021 (805) 517-6200
o
4
r
Ep J
PUBLIC AGENCY FORM OF ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF VENTURA
CITY OF MOORPARK )
On this 16th day of August in the year 2006, before me, Deborah S.
Traffenstedt, City Clerk of the City of Moorpark, personally appeared Patrick Hunter,
personally known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized
capacity as the Mayor of the City of Moorpark, and that by his signature on the
instrument, acknowledged to me that the City executed the instrument.
Witness my hand and Official Seal
Deborah S. Traffenstedt
City Clerk
u° �z
F /�v
3
._po
v,J,
0
0
PATRICK HUNTER ROSEANN MIKOS CLINT D.HARPER KEITH F.MILLHOUSE JANICE S.PARVIN 114
Mayor Mayor Pro Tem Councilmember CouncilmemhAr r d%.ir,rilm mh-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Civil Code, Section 1189
State of California )
)S.S.
County of Los Angeles )
On July 27, 2006 (date) before me, Rebekah Hale, Notary Public (name and title
"Notary Public"), personally appeared Tony Talamante and David Lauletta (name[s]of signerfsl),
personally known to me( ) to be the person(s)whose
name(s)is/are subscribed to the within instrument and acknowledged to me that hokyhe/they executed the same
in hi&J /their authorized capacity(ies), and that by h4her/their signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)acted, executed the instrument.
WITNESS my hand and official seal.
— W, -/-),z,C,< (Signature of Notary) (Seal of Notary)
RESE; HALE
_ Commission x 1506933
Notary Public-Calilomio
Los Angeles County
MYComm.ExplresAug 10,2008
-----------------------------------------------OPTIONAL-----------------------------------------------------
The following information is not required by taw, but it may prevent the fraudulent removal of this
Acknowledgment from the intended notarized document and the reattachment of it onto another document.
Description of the Attached Document:
Title/Type of Document Agreement Regarding Conditions of Approval
115
EXHIBIT A
TRACT NO. 5133 IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF
CALIFORNIA, FOR CONDOMINIUM PURPOSES.
BEING A SUBDIVISION OF A PORTION OF LOT "L" IN THE CITY OF MOORPARK,
COUNTY OF VENTURA, STATE OF CALIFORNIA, AS SAID LOT IS DESIGNATED
AND DELINEATED UPON THAT CERTAIN MAP ENTITLED "MAP OF A PART OF
TRACT "L" OF RANCHO SIMI SHOWING THE TOWNSITE OF MOORPARK AND
LANDS OF MADELEINE R. POINDEXTER, A RESUBDIVISION OF FREMONT
TRACT' AS PER MAP RECORDED IN BOOK 5, PAGE 5 OF MISCELLANEOUS
RECORDS (MAPS) IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
LEGAL DESCRIPTION
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Site Plan Tract 5133
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EXHIBIT B 117
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 1 TO
RESIDENTIAL PLANNED DEVELOPMENT (RPD) NO. 1998-01, A
REQUEST TO RELOCATE THE REQUIRED RECREATION CENTER
FROM TRACT 5425 TO TRACT 5133, LOCATED ON THE SOUTH
SIDE OF LOS ANGELES AVENUE AT MILLARD STREET, ON THE
APPLICATION OF SHEA HOMES, INC.
WHEREAS, at a duly noticed public hearing held on December 16, 2009, 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
this project would not change any findings contained in the environmental documentation
prepared for the permit.
SECTION 1. MODIFICATION 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:
1. The modification will not alter any of the findings of the original approval of
Residential Planned Development 1998-01.
2. The modification will not alter any of the findings in the environmental document
prepared for Residential Planned Development 1998-01 and will have no adverse
impacts on the environment.
3. The modification will not have any adverse impact on surrounding properties.
SECTION 2. CITY COUNCIL APPROVAL: The City Council hereby approves
Modification No.1 to Residential Planned Development No. 1998-01, subject to Conditions
of Approval attached hereto and incorporated herein as Exhibit A.
CC ATTACHMENT 11 118
Resolution No. 2009-
Page 2
SECTION 3. 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 this 16th day of December, 2009.
Janice S. Parvin, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A: Conditions of Approval:
SACommunity Development\DEV PMTS\R P D\1998-01 Shea 1Nod 1\Resolutions\cc resolution 09 1216.doc 119
Resolution No. 2009-
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EXHIBIT A
CONDITIONS OF APPROVAL FOR MODIFICATION
NO. 1 TO RESIDENTIAL PLANNED DEVELOPMENT 1998-01
1. The permit is granted for the land and project as identified on the entitlement
application for a Modification and as shown on the attached, approved plans. The
location and design of all site improvements shall be as shown on the approved plot
plans and elevations, except or unless indicated otherwise by conditions within this
letter.
2. All Conditions of Approval for Residential Planned Development (RPD) NO. 1998-01
as amended are incorporated by reference in this approval letter and shall continue
to apply unless specifically modified by this permit.
3. Within thirty (30) calendar days of approval of this entitlement, the applicant shall
sign and return to the Planning Division an Affidavit of Agreement and Notice of
Entitlement Permit Conditions of Approval, indicating that the applicant has read and
agrees to meet all Conditions of Approval of this entitlement. The Affidavit of
Agreement/Notice shall include a legal description of the subject property, and have
the appropriate notary acknowledgement suitable for recordation.
4. This Modification expires one (1) year from the date of its approval unless the use
has been inaugurated by issuance of a building permit for construction. The
Community Development Director may, at his/her discretion, grant up to two (2)
additional one-year extensions for use inauguration of the development permit, if
there have been no changes in the adjacent areas and if the applicant can document
that he/she has diligently worked towards use inauguration during the initial period of
time. The request for extension of this planned development permit must be made in
writing, at least thirty (30) days prior to the expiration date of the permit and must be
accompanied by applicable entitlement processing deposits.
5. Conditions of this entitlement may not be interpreted as permitting or requiring any
violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
6. Should continued compliance with these Conditions of Approval not be met, the
Community Development Director may modify the conditions in accordance with
Municipal Code Section 17.44.100 and sections amendatory or supplementary
thereto, declare the project to be out of compliance, or the Director may declare, for
some other just cause, the project to be a public nuisance. The applicant shall be
liable to the City for any and all costs and expenses to the City involved in thereafter
abating the nuisance and in obtaining compliance with the Conditions of Approval or
applicable codes. If the applicant fails to pay all City costs related to this action, the
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City may enact special assessment proceedings against the parcel of land upon
which the nuisance existed (Municipal Code Section 1.12.170).
7. 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 this entitlement approval, which claim, action or proceeding is
brought within the time period provided therefore in Government Code Section
66499.37 or other sections of state law as applicable and any provision amendatory
or supplementary thereto. 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.
The City may, within its unlimited discretion, participate in the defense of any such
claim, action or proceeding if both of the following occur:
a. The City bears its own attorney fees and costs;
b. The City defends the claim, action or proceeding in good faith.
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 or a building permit is
issued pursuant to the planned development permit.
8. If any of the conditions or limitations of this approval are held to be invalid, that
holding does not invalidate any of the remaining conditions or limitations set forth.
9. All facilities and uses, other than those specifically requested in the application and
approval and those accessory uses allowed by the Municipal Code, are prohibited
unless otherwise permitted through application for Modification consistent with the
requirements of the zone and any other adopted ordinances, specific plans,
landscape guidelines, or design guidelines.
10. Prior to the approval of any Zoning Clearance for this entitlement the applicant shall
submit to the Community Development Department all outstanding entitlement case
processing fees, including all applicable City legal service fees. This payment must
be made within sixty (60) calendar days after the approval of this entitlement.
11. Prior to the issuance of any additional building permits, the applicant shall comply
with all conditions in the July 27, 2006 Agreement Regarding Conditions of Approval
(Tract 5133) by and between the City of Moorpark and Shea Homes Limited
Partnership.
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12. Prior to issuance of a Zoning Clearance for construction of the 65th housing unit in
Tract 5133, the applicant shall provide revised plans showing the community
recreation area and tot lot on Lots 70, 71, and 72. The revised recreation area plans
must include a 1,000 square-foot pool, wading pool, spa, deck area and tot lot,
subject to the review and approval of the Planning Director. Improvements must be
completed prior to issuance of a Zoning Clearance for construction of the 70th unit.
13. Per-unit affordable housing in-lieu fees for Tract 5133 shall be collected for a total of
77 homes per the Affordable Housing Purchase and Sale Agreement and
Agreement Regarding Conditions of Approval (Tract 5133) by and between the City
of Moorpark and Shea Homes, Limited Partnership regardless of the number of
homes built. All per-unit fees must be paid prior to the issuance of Zoning
Clearances for residential building permits, with the balance for unbuilt units paid
prior to the issuance of the Zoning Clearance for construction of the 73rd home.
14. Prior to issuance of a Zoning Clearance for construction of the 65th housing unit in
Tract 5133, the applicant shall provide plans for the improvement and dedication of
Majestic Court from the easterly boundary of Tract 5133 to the existing terminus of
Fremont Street, and Fremont Street from Majestic Court to Los Angeles Avenue,
including a turnaround at Los Angeles Avenue so that vehicle access to Fremont
Street is limited to Majestic Court, and the widening of Los Angeles Avenue from the
easterly boundary of Tract No. 5133 to the easterly boundary of Vesting Tentative
Tract Map No. 5425 to the satisfaction of the City Engineer/Public Works Director,
and consistent with the design standards as shown on Vesting Tentative Tract Map
No. 5425 as conditioned by Resolution No. 2005-2304. Street improvements must
be completed and an irrevocable offer of dedication for public street purposes must
be provided to the satisfaction of the City Engineer/Public Works Director prior to
issuance of a Zoning Clearance for construction of the 70th unit.
15. Prior to the issuance of a Zoning Clearance for construction of the 70th housing unit
in Tract 5133, all fences/walls along lot boundaries must be in place to the
satisfaction of the Planning Director.
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