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HomeMy WebLinkAboutRES CC 2019 3779 2019 0116 RESOLUTION NO. 2019-3779 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RE-APPROVING VESTING TENTATIVE TRACT MAP NO. 5437 AND A ONE-YEAR EXTENSION OF RESIDENTIAL PLANNED DEVELOPMENT (RPD) PERMIT NO. 2004-05 FOR 21 HOMES ON RESIDENTIAL LOTS AND 1 OPEN SPACE LOT ON APPROXIMATELY 42.4 ACRES ON THE EAST SIDE OF WALNUT CANYON ROAD AT CHAMPIONSHIP DRIVE, ON THE APPLICATION OF BIRDSALL GROUP, LLC WHEREAS, on May 17, 2006, the City Council approved Vesting Tentative Tract Map No. 5437 and RPD Permit No. 2004-05 for 21 homes on residential lots and 1 open space lot on approximately 42.4 acres on the east side of Walnut Canyon Road at Championship Drive. The Vesting Tentative Tract Map and Residential Planned Development Permit approvals have since expired; and WHEREAS, on January 16, 2018, an application was submitted by Birdsall Group, LLC (Scott Birdsall) requesting re-approval of Vesting Tentative Tract Map No. 5437 and a one-year extension of RPD Permit No. 2004-05; and WHEREAS, at its meetings of August 28, 2018 and November 27, 2018, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and on November 27, 2018 reached a decision on this matter recommending denial of the proposal; and WHEREAS, at its meeting of January 16, 2019, the City Council considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter; and WHEREAS, the Community Development Director has determined this project is consistent with the Mitigated Negative Declaration adopted for the original project, in that there are no substantial changes to the project which will require revisions to the previously adopted Mitigated Negative Declaration, there are no changes to the circumstances under which the project is undertaken that would require revisions to the previously adopted Mitigated Negative Declaration, and there is no new information of substantial importance that shows that the project would have one or more significant effects not discussed in the previously adopted Mitigated Negative Declaration, or that significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration and that no additional environmental review is required. Resolution No. 2019-3779 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council concurs with the Community Development Director determination that this project is consistent with the Mitigated Negative Declaration adopted for the original project, in that there are no substantial changes to the project which will require revisions to the previously adopted Mitigated Negative Declaration, there are no changes to the circumstances under which the project is undertaken that would require revisions to the previously adopted Mitigated Negative Declaration, and there is no new information of substantial importance that shows that the project would have one or more significant effects not discussed in the previously adopted Mitigated Negative Declaration, or that significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration, and that no additional environmental review is required. SECTION 2. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council finds the proposed one-year extension of RPD Permit No. 2004-05 is consistent with the original findings, because there have been no changes in the adjacent areas, the applicant has worked diligently towards use inauguration during the initial period of time, and the one-year extension will not change the findings in the original Mitigated Negative Declaration prepared for the project. SECTION 3. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff reports) and accompanying maps and studies the City Council has determined that the Vesting Tentative Tract Map, with imposition of the attached special and referenced standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance as amended by General Plan Amendment No. 2004-03 and Zone Change No. 2004-02 to allow for a Residential Planned Development at a density up to one (1) unit per acre. B. The design and improvements of the proposed subdivision are consistent with the City of Moorpark General Plan as amended by General Plan Amendment No. 2004-03 and Zone Change No. 2004-03 for a Residential Planned Development to allow for a density up to one (1) unit per acre. C. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. Resolution No. 2019-3779 Page 3 D. The site is physically suitable for the proposed density of development of one (1) unit per acre, in that all City Development standards would be met by the proposed project as conditioned while preserving 19.63 acres of the project site as open space. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that all potential impacts would be mitigated through project design or conditions of approval including restoration of a 2.2 acre area of Coastal Sage Scrub habitat. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that reciprocal access easements and a construction management plan for improvements between Tract 5045 (Pardee) to the east and the site have been identified and incorporated in the design of this project. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir, in that it is located on a hilly site at elevations between 770 and 900 feet, away from any public waterways. SECTION 4. 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 January, 2019. ice S. Parvin, Mayor ATTEST: ( ;/3j Maureen Benson, City ClerkvAlgt�� Exhibit A — Standard and Special Conditions of Approval f► r�0 jamiv' Resolution No. 2019-3779 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5437 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2004-05 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Subdivisions and Planned Development Permits as adopted by City Council Resolution No. 2009-2799 (Exhibits A and B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS Planning Division Special Conditions 1. Vesting Tentative Tract Map No. 5437 is approved per the submitted vesting tentative map as modified by the referenced standard conditions and the special conditions contained in this resolution. 2. Up to a maximum of twenty-one (21) residential lots may be developed under this entitlement. 3. Prior to the occupancy of the first dwelling unit, the applicant shall pay $210,000.00 to the City as the pro-rata share of the street improvements along the east side of Walnut Canyon Road from the southern property line of the project site north to the northern city limits, including an improved transition area beyond the northern city limits. The Final Map shall include an irrevocable offer for dedication of right-of-way for the east side of Walnut Canyon Road as determined necessary by the City Engineer and Caltrans for the planned widening improvements. 4. The existing driveway off of Walnut Canyon Road shall be used solely for emergency access and shall have a decorative driveway entry and electric gate constructed and installed to the satisfaction of the Community Development Director and Fire Department that only opens out to Walnut Canyon Road. A plan for the design and operation of the gate shall be submitted for review and approval of the Community Development Director and Fire Department and shall be constructed prior to the issuance of any residential building permits. 5. The Tract Map shall show a 200' deep setback between the residential development areas of Lots 1 and 17 and the agricultural land on the adjacent property to the north within the unincorporated area of the County of Ventura. The Final Map shall include a restricted use easement over this area which shall restrict the construction of any structures intended for human habitation prior to the approval of the Final Map. Structures for non-human habitation, including but not limited to patios, gazebos, horse barns, tack rooms, horse stalls and riding Resolution No. 2019-3779 Page 5 arenas; may be allowed upon the determination and approval of the Community Development Director on a case by case basis. The future property owners of Lots 1 and 17 shall be required to sign an acknowledgement of agreement of the above factors prior to occupancy of any approved residential dwelling unit. 6. The following lots of Vesting Tentative Tract Map No. 5437: One (1) through Nine (9) and lot Seventeen (17) shall be served with multi-purpose (hike/bike/equestrian) trails, which shall be placed along both sides of the private "A" Street, from the eastern project boundary to its intersection with "B" Street, and shall be constructed out of decomposed granite at a minimum of ten feet (10') in width and shall also be placed to the back of lots Four (4) through Eight (8), to the north side of lot Nine (9) and in the front of lots One (1) through Three (3) and lot Seventeen (17). The Covenants, Conditions and Restrictions shall prohibit the keeping of equine, bovine and cleft hoofed animals on Lots Ten (10) through Sixteen (16) and lots Eighteen (18) through Twenty-One (21). The multi- purpose trail plan shall be submitted for review and approval of the Community Development Director, and the approved multi-purpose trail plan shall be shown on the Final Map prior to approval of the Final Map. 7. All future property owners of lots within Tract 5437 shall be required to sign an acknowledgement that all properties located within Tract 5437 have been created at substantial sizes which allow the accommodation of various forms of animal keeping, including but not limited to horse keeping, except for those lots restricted from horse keeping by condition 6 above. 8. All multi-purpose trails shall be separated from vehicular traffic by the construction of a tan concrete fence with wood grain appearance at a maximum height of five feet and with three horizontal cross members subject to the review and approval of the Community Development Director. 9. Prior to the approval of the Final Map, the applicant shall enter into an agreement to participate in the development and maintenance agreements of the Homeowners Association of Planning Areas 8&9 in Tract No. 5045 and contribute a pro-rated share towards the cost for streets and drainage purposes to the satisfaction of the City Attorney, City Engineer, and Community Development Director. The multi-purpose trails located throughout Tentative Tract Map No. 5437, shall be maintained by the Homeowner's Association. 10. Concurrent with the recordation of the Final Map, a Conservation Easement to the City of Moorpark shall be granted to the satisfaction of the City Engineer and Community Development Director and pursuant to California Civil Code Section 815 et seq. over all areas shown as open space on the Tentative Tract Map No. 5437 project to preserve the natural, scenic and open space character of the property in an undeveloped condition. The Conservation Easement shall run with the property and be binding upon grantors and their successors and assigns. All development rights shall be dedicated to the City of Moorpark and no agriculture, extraction of subsurface mineral resources, excavation, drilling, pumping, mining, or similar activity shall be allowed in any portion of the Conservation Easement. The Conservation Easement shall be recorded on the Final Map to the satisfaction of the City Engineer and Community Development Director. Resolution No. 2019-3779 Page 6 11. The multi-purpose trail, trail fencing, private streets, driveway and driveway gate for the emergency access off of Walnut Canyon Road, fuel modification areas and common area slopes, drainage facilities including all NPDES requirements and dissipation and detention structures, and the open space slope areas shall all be maintained by the Homeowners Association. 12. All conditions of Residential Planned Development Permit No. 2004-05 shall apply to this Vesting Tentative Tract Map No. 5437. Engineering Department Special Conditions GRADING 13. Project soil quantities shall balance. No soil shall be moved to or from this project for grading purposes. 14. The soils report for this project specifies offsite grading for the remediation of geotechnical conditions. Letters of permission for offsite grading and any temporary construction and/or permanent easements shall be provided to the City Engineer prior to approval of the grading plans. 15. No buildings shall be constructed within 50 feet on each side of any known active or potentially active fault. 16. The developer shall submit a project specific geotechnical report for review and approval by the City Engineer prior to final map approval. PUBLIC AND PRIVATE STREETS 17. The existing driveway at the westerly portion of property off of Walnut Canyon Road shall be for the sole purpose of emergency access only, subject to the review and approval of the Fire Department. 18. The existing driveway to be used as emergency access only, shall have a decorative driveway entry and electric gate constructed, with the driveway entry and gate designed and located subject to the review and approval of the Community Development Director and Fire Department, and equipped with fire department approved locks, which shall be installed westerly of the proposed fire department turnaround. 19. The Streets "A" and "B" and the Street indicated as "C" Drive, on Vesting Tentative Tract Map No. 5437, must be designed and built to Ventura County Road condition standard plans to the satisfaction of the City Engineer and the Director of Community Development, and as approved by the Fire Department for emergency access purposes. DRAINAGE AND HYDROLOGY 20. A sump condition is proposed on "B" Street and must be designed for 100-year protection of habitable areas assuming the inlet catch basins in the street clogs 100%. This will require a secondary emergency outlet for the sump waters, Resolution No. 2019-3779 Page 7 which will provide a minimum of 1.0 foot freeboard between the maximum water surface elevation and the minimum adjacent finish floor elevation. This emergency outlet system must direct overflows to either a downstream street with adequate capacity or other acceptable downstream conveyance system. Point of discharge must be analyzed with regard to prevention of downstream problems. A sump condition exists whenever water ponds and the inlet is located at a low point and by-pass flow does not occur until right-of-way width flooding/ponding occurs in the street. 21. The proposed storm drain pipe system outletting easterly of proposed Lot 8 shall include a dissipater structure and rip-rap pad for hydraulic energy and velocity scour reduction. 22. The proposed trapezoidal channel located on the easterly boundary of the project shall be concrete channel or alternative channel design that addresses and mitigates erosive conditions and shall be approved by the City Engineer and shall be designed in accordance with Ventura County Watershed Protection District Standards. 23. The applicant must show legal ability to use and benefit from, and show mechanism to in part or in whole maintain the drainage basin known as existing Permanent Basin M-24 on Tract 5045 and associated facilities located for water quality and detention purposes, and these plans must be provided prior to approval of grading plan and filing of Final Map for review and approval. 24. All existing and proposed offsite drainage improvements intended to be used and benefited as part of this project must be shown capable of properly conveying all tributary flows and must be submitted for review to the City Engineer. 25. To avoid the sky-lining of houses and to protect the ridgeline viewshed as observed from valley floors, a building restriction setback shall be placed towards the rear of Lots 17, 18, 19, 20 and 21 indicting that there shall not be any above ground structures above ten (10) feet in height allowed within a 35-foot setback distance as measured easterly away from the finished elevation of 930 feet behind the custom lots. The Final Map shall include this restricted use easement over this area, which, shall restrict the construction of any above ground structures above ten (10) feet in height allowed within a 35-foot setback distance as measured easterly away from the finished elevation of 930 feet behind the custom lots, prior to the approval of the Final Map. The future property owners of Lots 17, 18, 19, 20 and 21 shall be required to sign an acknowledgement that they were provided information on the restricted use easement, including an easement description and map showing the easement, prior to occupancy of any approved residential dwelling unit. These restrictions shall be made a part of the CC & R's. 26. Within thirty calendar days of submittal of the first plan check for Final Map, the applicant shall provide a copy of the Covenants, Conditions, and Restrictions (C.C.&R.'s) to the Community Development Director and the City Attorney for review and approval to ensure consistency with the Moorpark Municipal Code, Vesting Tentative Tract Map No. 5882 and Residential Planned Development Resolution No. 2019-3779 Page 8 Permit No. 2016-01, as conditioned. Submittal of the C.C.&R.'s shall include a $5,000.00 deposit to be used for the City Attorney's cost of review. 27. CC&R's and Landscaping Easement Requirements: Covenants, Conditions and Restrictions (CC&R's) and by-laws establishing one or more Homeowners' Associations for the residential development shall be prepared prior to Final Map Approval. CC&R's shall be subject to the review and approval of the Director of Community Development and City Attorney. Language shall be placed in the CC&R's indicating that any subsequent changes to the CC&R's shall be subject to the review and approval of the Director of Community Development and City Attorney. All applicable conditions of approval and mitigation measures shall be incorporated into the CC&R's as requirements, including but not limited to the following provisions: a. Identification of all Common Maintenance Areas including maintenance of all multi-use trails, open space lots, detention basin landscaping, parkway landscaping for all streets, any shared driveways, private streets, storm drains, any fencing or walls within common maintenance areas, recreational areas, and any slope directly affecting drainage or residential street facilities. The draft CC&R's shall be submitted to the Director of Community Development and the City Attorney for review and approval prior to approval of the first phase of the Final Map by the City Council and the subdivider shall be required to pay all costs associated with such review. All applicable Tentative Map and Residential Planned Development (RPD) and conditions of approval shall be highlighted in the copies of the CC&R's submitted for City review. Prior to the sale of any lots, the CC&R's shall be approved by the State Department of Real Estate and then recorded. Approval of the City shall not be construed to mean that the City has any obligation to enforce CC&R's. The Homeowners' Associations may modify the CC&R's only to the extent that they do not conflict with the terms of approval of the Tentative Tract Map, approved Residential Planned Development Permit or any approved Development Agreement. Sixty (60) days' notice must be given to the City of the intent to modify CC&R's. Further, it is the sole responsibility of the Homeowners' Associations to enforce the CC&R's. b. Language indicating that where feasible, the use of recycling materials shall be included in the construction of the project. c. Provisions that the Homeowners' Association shall be responsible for implementing and maintaining the vegetation management requirements of the Fire Hazard Reduction Program in perpetuity. As required by the Fire Department fuel modification plan zones are proposed to be retained in as natural a state as safety and fire regulations will permit. The zones shall be designed by and planted under the supervision of a landscape architect with expertise in native plant materials and habitat restoration, with the approval of the Director of Community Development, to appear as a transition between the built Resolution No. 2019-3779 Page 9 environment and natural open space. Final approval of this Program by the County Fire Prevention District and Director of Community Development shall be required prior to the recordation of the first Final Map. Appropriate language shall be included on the Final Map indicating the boundary of all areas of fuel modification hazard zones. d. Provisions prohibiting human, domestic animal, agricultural, and motorized vehicle use in preserved designated natural open space areas, except that horses, non-motorized vehicles and pedestrians are allowed on designated trails. In addition, provisions shall be included prohibiting tree houses; play structures; vehicle parking or storage; agricultural use; wireless communication facilities; sale of easements for residential use purposes; extraction of subsurface mineral resources, excavation, drilling, pumping, mining, or similar activity; and all other development restricted by recorded easements. e. Provisions that individual front yard landscaping must include a minimum of one (1) 24" box tree as a part of private front yard landscaping. f. Provisions requiring 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: • Stoves, ovens, and ranges, when gas fueled shall not have continuous burning pilot lights. • All thermostats connected to the main space-heating source shall have night setback features. • Kitchen ventilation system shall have automatic dampers to ensure closure when not in use. g. Language restricting front and rear yard lighting to be consistent with the City's Lighting Ordinance. h. Language that any modifications to structures shall be designed in accordance with the approved RPD. i. Language to insure that no sheet flow of drainage occurs between lots located within or adjacent to the project. j. Language requiring the Homeowners' Association to be responsible for the maintenance of drainage facilities including all NPDES requirements unless such structures or facilities are accepted into the master flood protection system by the Ventura County Flood Control District. k. 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 all structures. Resolution No. 2019-3779 Page 10 I. 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. m. Language requiring 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. n. Language requiring that all property areas be maintained free of litter/debris. o. Language requiring that all on-site storm drains, swales and terrace drains 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. p. Language requiring that private roads and parking areas be maintained free of litter/debris. Sidewalks and parking areas 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, wash water shall not discharge to the storm drains; wash water 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. q. Language requiring that all exterior metal building surfaces be coated and sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. r. Language requiring that landscaping 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. s. Language requiring compliance with the City approved fence/wall plan. t. Language requiring the Homeowners' Association to be responsible for the maintenance of private streets, and emergency access roads, and private street lighting. u. Unless otherwise stipulated in the Special Conditions of Approval, all required on-site drainage improvements and/or stormwater quality [NPDES] features or facilities shall be maintained by the Homeowners' Association. The Homeowners' Association shall provide verification to the City Engineer that all on-site storm drains have been cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. The City Engineer may require additional cleaning depending upon site and weather conditions. Resolution No. 2019-3779 Page 11 28. Fence/Wall Plan: 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 prior to the issuance of a Zoning Clearance for grading. The approved fence/wall plan shall be incorporated into the CC&R's. All fences/walls along lot boundaries shall be in place prior to occupancy of each lot, unless timing for installation is otherwise stated in these conditions. Where applicable prior to approval of the final fence/wall plan, the Director of Community Development shall approve the connection of property line wall with existing fences and or walls on adjacent residential properties. The Developer is required at his/her sole expense to connect or reconstruct adjacent residential walls and or fences to the project perimeter wall utilizing the same type of material that comprises existing walls and or fences that are to be connected to the project perimeter wall. 29. Any Final Map identifying any landscape easement or drainage easement granted to a Private Responsible Party shall also be irrevocably offered for dedication to the City and shown on said Final Map. The City reserves the right to assume the maintenance of parkway landscaping, median landscaping or drainage improvements being maintained by a Private Responsible Party, should it be determined by the City, at its sole discretion, that the maintenance being provided by the Private Responsible Party is inadequate. 30. When, and if stipulated in the Special Conditions of Approval, that certain identified parkway landscaping and/or drainage improvements are to be maintained by the City, an Assessment District shall be formed to fund City costs for such maintenance. In such event, any required landscaping and/or drainage improvements shall be conveyed to the City in easements for such purposes. 31. Prior to issuance of a Zoning Clearance for the first building permit or the approval of any final map for the Project: the developer shall pay the City a Five Thousand Dollar ($5,000) Assessment District Formation Fee. The District shall be for the purposes of funding future costs for the maintenance of landscaping and irrigation of the landscaped area and related improvements including but not limited to block walls and hardscape adjacent to Walnut Canyon Road. The City shall administer the annual renewal of the Assessment District, and any costs related to such administration shall be charged to the fund established for such Assessment District revenues and expenses. 32. An Assessment District [herein "Back-Up District"] shall be formed to fund future City costs, should they occur, for the maintenance of parkway landscaping, median landscaping or drainage improvements previously maintained by a Private Responsible Party and then assumed by the City. If a Back-Up District is formed, it shall be the intent of the City to approve the required assessment each year, but to only levy that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the following fiscal year. In the event the City is never required to assume the maintenance of any such improvements maintained by a Private Responsible Party, the amount of the annual assessment actually levied upon the affected properties would be minor Resolution No. 2019-3779 Page 12 amount, possibly zero. The City shall administer the annual renewal of the Back- Up District and any costs related to such administration shall be charged to the Fund established for such district revenues and expenses. 33. When it has been determined that it is necessary to form an Assessment District (including a Back-Up District), the applicant shall be required to undertake and complete the following: a. At least one-hundred-twenty (120) days prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, whichever comes first: i. submit the final draft plans for any irrigation, landscaping or Drainage Improvements [herein "Maintained Areas"] to be maintained by the Assessment District (including a required Back- Up District), along with any required plan checking fees; ii. submit a check in the amount of$5,000 as an advance to cover the cost of Assessment Engineering for the formation of the Assessment District [Note: Developer shall be required to pay for all final actual assessment engineering costs related to the Assessment District formation along with City administrative costs.]; b. At least sixty (60) days prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, whichever comes first, submit to the City the completed, "City approved" plans for the Maintained Areas (landscaping, irrigation and NPDES Drainage Improvements); c. Prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, whichever comes first, submit to the City a signed Petition and Waiver requesting formation of the Assessment District [Note: The Petition and Waiver shall have attached to it as Exhibit 'A' the City approved final draft Engineer's Report prepared by the Assessment Engineer retained by the City.] 34. Prior to approval of any final map for the Project, the developer shall provide a Subdivision Improvement Agreement for review and approval by the City Council consistent with Section 66462 of the Government Code. 35. Improvements along Walnut Canyon Road shall include conduit behind the sidewalk for future use for broadband to the satisfaction of the City Engineer/Public Works Director. 36. Concurrent with map recordation, the applicant shall provide, as part of the street improvement plans, a public service easement within the private streets, subject to approval of the Community Development Director and City Engineer/Public Works Director. 37. Prior to the issuance of the first building permit, the Developer shall provide the City with a written request for the City to adopt a resolution authorizing enforcement of applicable provisions of the California Vehicle Code and Moorpark Municipal Code. Resolution No. 2019-3779 Page 13 38. The Developer shall comply with all mitigation measures of the Mitigated Negative Declaration. Said mitigation measures are hereby adopted by reference and made Conditions of Approval. 39. Water impoundment(s) shall be maintained in a manner which will not create mosquito breeding sources. 40. Prior to or concurrently with approval of the Final Map the applicant shall grant the City public access easements for future trail and recreational purposes. The exact location of said easements will be subject to the approval of the Community Development Director and the City Engineer. 41. Prior to filing the final map with the City Engineer, the applicant shall provide satisfactory evidence to the Community Development Director that Tract 5437 has permanent, non-construction access rights through Tract 5045-8's (Pinnacle) private streets and gates and that an enforceable cost-sharing agreement is in place to compensate Tract 5045-8 for the proportional burden of Tract 5437's use of such private streets and gates. Satisfactory evidence means either written confirmation from the Pinnacle Homeowners Association or a declaratory judgment or other court order. 42. Prior to filing the final map with the City Engineer, the applicant shall provide detailed drawings showing vehicular access through Lot 11 or Tract 5045-8 and across the existing trail. Such plans shall address safety of trail users as well as landscaping/screening and decorative details. Plans shall be subject to satisfaction and approval of the Community Development Director and City Engineer/Public Works Director. 43. Prior to filing with the City Engineer a final map for the project, the applicant shall provide the City with a construction management plan that states that private streets in Tract 5045-8 (Pinnacle) shall not be used for construction vehicles and construction traffic during the grading of lots and construction of homes and other public and private improvements in the project. The plan shall also provide measures to minimize noise and dust impacts to properties in Tract 5045-8 (Pinnacle). Such plan shall be subject to review and approval of the Community Development Director and City Engineer/Public Works Director. In addition, the project applicant shall submit to the City an irrevocable license agreement, temporary construction easement, or other instrument ensuring ongoing construction access until construction of the entire project is complete from one or more access points not from Tract 5045-8 (Pinnacle). - END — Resolution No. 2019-3779 Page 14 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2019-3779 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 16th day of January, 2019, and that the same was adopted by the following vote: AYES: Councilmembers Enegren, Mikos, Pollock, Simons, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 23rd day of January, 2019. Maureen Benson, City Clerk (seal) Almil C0tr:),416,i‘,,_..41 '7094o J