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HomeMy WebLinkAboutAGENDA REPORT 2001 1003 CC REG ITEM 09AfT M 9.A. CITY OF 740OR?ARK, CALIFORNIA Ci v Council "vieeting of ACTION: _1 onrrh ni j ,-i 40 f0-11 9/ c me,-tir74 w.� Pu bl i MOORPARK CITY COUNCIIBY:� AGENDA REPORT To: The Honorable City Council From: Wayne Loftus, Director of Community Development�� Date: September 26, 2001 (CC Meeting of 10/03/01) Subject: Consider Final Environmental Impact Report (SCH- 1994081075), General Plan Amendment No. 99 -01, Zone Change No. 99 -01, Residential Planned Development No. 99- 02 and Vesting Tentative Tract Map No. 5187, to Develop 250 Single - family Homes on a Portion of a 350 -acre Site, Located on the West Side of Walnut Canyon Road, Approximately 3,500 feet North of Casey Road. Assessors Parcel Numbers 500 - 260 -025, 045, 075, 085 and 095; 500- 270-90, 140, 155 and 165. Applicant: West Pointe Homes. BACKGROUND This proposed project which is a successor to Tract No. 4620, located on 350 acres of land on the west wide of Walnut Canyon Road, approximately 3,500 feet north of Casey Road, proposes development of 250 detached, single- family homes on a site where sixty -six (66) 5 -acre lots were previously approved. Although the sixty -six (66) lot project (Tract No. 4620) has been extended and may still be recorded through May of 2002, based upon a recent Settlement Agreement, the applicant is proposing its replacement by this application. On December 19, 2000, the Planning Commission, by a unanimous vote, recommended to the City Council through adoption of Resolution No. PC- 2000 -401, that the West Pointe Homes Final Environmental Impact Report (EIR) be certified as consistent with provisions of the California Environmental Quality Act (CEQA) . Based upon the conclusions of the EIR, related to the significance of potential environmental impacts, all can be mitigated to a level of less than significant (Class II or higher) including impacts to biological and botanical resources. This potential impact has been identified however, as a significant unmitigable adverse impact, if mitigation through designation as permanent Open Space and dedication to a public agency for management does not take place. S: \Community Development \Everyone \City Council Agenda Reports \cc - 100301 stf rpt.GPA 9901.Zcf,cys� 9901.RPD 9902.VTM 5187.d2.92601.doc 11�� The Honorable GPA No. 99 -01, September 26, Page 2 City Council ZC No. 99 -01, RPD No. 99 -02 and VTT Map No. 5187 2001 Subsequent to the recommendation of the EIR by the Planning Commission, additional public hearings and workshops were held by the Commission to review the Tract Map, Residential Planned Development, proposal to amend the General Plan, and the request for a change of zone. Although the EIR also includes the Development Agreement as part of the project, it has not yet received a public hearing at the Commission level, which is expected in the near future following anticipated referral by the City Council. On March 12, 2001, the Planning Commission adopted Resolution No. PC- 2001 -403, recommending approval of a General Plan Amendment to change the land use designation from Rural Low Density (RL) to Medium Low (ML) and Open Space 1 (OS -1) and Open Space 2 (OS -2). Additionally, on March 12, 2001, the Planning Commission adopted Resolution No. PC- 2001 -404 recommending to the City Council a change in the zoning designation, from RE -5 (Rural Exclusive) 5- acre to Residential Planned Development (RPD); RPD 1.78. Following completion of the action on the proposed General Plan Amendment and change of zoning, the Planning Commission on March 12, 2001, by a unanimous vote, adopted Resolution No. Pc- 2001 -405, recommending to the City Council approval of the RPD and Tentative Map for development of 250 single- family, detached dwelling units, together with the preservation of approximately 250 acres of Open Space, approximately 210 acres of which was recommended as permanent Open Space to be owned and managed by the City, if deemed appropriate by the City Council. The balance of approximately forty (40) acres of Open Space is in the project or used for drainage impound areas. As previously noted, this project includes a Development Agreement that will receive City Council conceptual review in the near future and include a recommendation for referral to the Planning Commission for a public hearing and recommendation. DISCUSSION Based upon the importance and complexity of this project, staff would suggest that several hearings may be appropriate to evaluate the proposal review, the Planning Commission recommended conditions, and arrive at a conclusion on the various entitlement requests, including the Development Agreement which will be included in a separately advertised public hearing to receive the recommendation of the Planning Commission. The documents assembled for this initial hearing are with some minor changes, the same as provided to the Commission, or have been generated as a result of their recommendations. Where there may be minor changes, they I IG4)G Q 2 \ \MOR_PRZ_SERV \City Share \Community Development \Everyone \City Council Agenda Reports \cc - 100301 stf rpt.GPA 9901.ZC 9901.RPD 9902.VTM 5187.d2.92601.doc The Honorable City Council GPA No. 99 -01, ZC No. 99 -01, RPD No. 99 -02 and VTT Map No. 5187 September 26, 2001 Page 3 reflect refined language or a Commission comment dealing with confusing or marginal verbiage. No changes of any substance have occurred since the Planning Commission review, except as noted with this report. Because such an extensive amount of work and analysis of this project was carried out for the Planning Commission public hearings, staff has concluded to use the reports together with the in -depth project description in the EIR, along with the Residential Planned Development (RPD) Design Guidelines booklet, as the documents most appropriate to describe the proposed project. This report will include only a brief project description as follows: The proposed project, called West Pointe at North Ranch, is situated on approximately 350 acres of land with level to steep terrain. The project which includes private open space and recreation areas, privately -gated streets, together with more than 210 acres of potential public open space, is proposing development of 250 single- family, detached homes. Access will initially occur from Walnut Canyon, where a new public street intersection is proposed to link this gated community to the transportation network. This proposed public street has been designed to create a linkage between Walnut Canyon Road (SR 23) and the North Hills Parkway, previously called the Highway 118 Arterial Bypass. Completion of this connection to the North Hills Parkway, which will traverse the Hitch Ranch (Specific Plan No. 1), is intended to ultimately link Spring Road with Los Angeles Avenue, west of Gabbert Road. With this proposed new public street connection to serve as access to West Pointe there will be significant improvement of the Walnut Canyon Road frontage including street widening shoulder improvements, curb and gutter and turn lanes, including median turn lanes. Additionally, this,project will be participating in the Walnut Canyon Corridor Improvement Project, which involves improvements to this corridor from Casey Lane /Wicks Road, north to the City boundary. Participants in this effort include this applicant, Toll Brothers, Morrison - Fountainwood, and Sun Cal. This proposed project also includes a multi -use trail (including equestrian trails; an equestrian staging area; a recreation area, including 1000 square foot club house; park; tennis courts; multi - purpose court; swimming pool and parking. Two fully equipped tot lots have also been proposed.) The multi - purpose trail will link the staging area in the south central portion of the project with the multi - purpose trail in Country Club Estates (Toll Brothers - Tract Map No. 4928) via an offsite dedication and \ \MOR_PRI_SERV \City Share \Community Development\ Everyone \City Council Agenda Reports \cc - 100301 stf rpt.GPA 9901.ZC 9901.RPD 9902.VTM 5187.d2.92601.doc The Honorable City Council GPA No. 99 -01, ZC No. 99 -01, RPD No. 99 -02 and VTT Map No. 5187 September 26, 2001 Page 4 improvement. This connection will create a trail component which will extend to the staging area on Grimes Canyon Road near the south boundary of the Toll Brothers Development. The staging are in the south portion of West Pointe may also serve as a trail head to the approximately 210 -acre, permanent, open space area, if limited access can be achieved without environmental compromise. This project is proposed to have three (3) gated entrances which effectively serve these neighborhood areas based upon the proposed land plan. All residences will be accessed only through these gated entrances which are depicted in the RPD Design Guidelines booklet. Although at least one (1) illustration in the design booklet includes lots along the south side of the project's only public street, which will connect Walnut Canyon Road to North Hills Parkway, this portion of the plan has been modified. There are no lots with frontage and access on this public street. As noted, vehicular access will primarily take place initially from Walnut Canyon Road with emergency access also coming from Walnut Canyon Road, connecting to three (3) cul -de -sac streets in the project. A 200 foot wide, fuel modification is also provided, adjacent to the open space area which will be maintained by the Homeowners Association (HOA). Future connection to the North Hills Parkway will significantly improve circulation to the project, particularly in an emergency situation, as well as link non - project areas through a public street, satisfying a General Plan goal. This project will provide for two (2) water tanks, located in the north central portion of the site with access achieved off the most westerly cul -de -sac street. The water tanks with a combined gallonage of 3.0 million will be placed on a hillside where a "back cut" (retains higher topography around the tanks to reduce visibility) condition has been achieved. The access road to the reservoir site is a change in the roadway location from that which was included in the recent Settlement Agreement with Toll Brothers concerning a reduction in golf course holes of play. A bus turnout and shelter have been located between the two (2) gated entrances to the neighborhoods on the north side of the public street. A project internal trail system links the bus turnout to each northerly neighborhood and to the tennis courts near the north project boundary. Two (2) drainage impound basins have been located between the northerly neighborhood and Walnut Canyon Road with the multi - purpose trail and sidewalk located on a bench above the basins and away from the travelway. This special separation from automobile and truck traffic will continue to the north to complete S: \Community Development \Everyone \City Council Agenda Reports \cc - 100301 stf rpt.GPA 9901.ZC 9901.RPD 9902.VTM 5187.d2.92601.doc The Honorable City Council GPA No. 99 -01, ZC No. 99 -01, RPD No. 99 -02 and VTT Map No. 5187 September 26, 2001 Page 5 an offsite connection with the Toll Brothers Project. There is also an onsite drainage holding and National Pollution Discharge Elimination Standards (NPDES) basin, which also serves as an open space and recreation amenity and neighborhood buffer in the approximate center of the proposed developed area. This project includes prominent riddelines as identified by the Hillside Design Guidelines, which have been preserved or appropriately re- graded with back cut conditions to respond to the issue of visibility from the valley floor. Additionally, a Development Agreement has been submitted, which is an additional mitigation measure identified by the Hillside Management Ordinance. Affordable housing units have not been included within the project, however the Planning Commission recommended that this project construct housing units and that its fair share obligation should be established at a ratio of a minimum of 100 of the approved dwelling units. This project is not within the Redevelopment Project area and the actual affordable housing obligation will be established through the required Development Agreement with detailed implementation contained in an Affordable Housing Agreement. The RPD Design Guidelines booklet includes significant detail relating to architecture, site planning and common area, fencing and landscaping. Several architectural or site planning features that have been included, that have not previously been requested by the City, include a minimum of thirty -five (35 %) percent of the units to be single -story and a minimum of twenty (20 %) percent of the total units must have garage entrances set at right (swing in) angles to the street. Side yard setbacks for single -story dwellings are a minimum level five (51) feet (slope areas or areas created by retaining walls may not be used for this setback) and ten (10' ) feet for two -story units, including side slopes. Distance between adjoining units will be a minimum of fifteen (151) feet for a single -story unit and one which includes a second -story element and twenty (201) feet when both are two - story. The average lot size is 13,000 to 14,000 square feet and the average pad area is seventy (701) feet wide and 100 to 110 feet deep. Grading of the site is intended to achieve a balance between cut and fill areas with the movement of approximately 1,714,655 cubic yards of dirt. Contour grading will be utilized and the applicant has prepared a model and three dimensional topographic exhibit of the project to illustrate this conclusion. C 0CI00 S \ \MOR_PRI_SERV \City Share \Community Development \Everyone \City Council Agenda Reports \cc - 100301 st£ rpt.GPA 9901.ZC 9901.RPD 9902.VTM 5187.d2.92601.doc The Honorable GPA No. 99 -01, September 26, Page 6 SUMMARY City Council ZC No. 99 -01, RPD No. 99 -02 and VTT Map No. 5187 2001 As noted earlier in this report, it is recommended that several hearings be held to appropriately review this project. The Development Agreement is nearing completion of a draft and will be forwarded to Council for policy review and referral to the Planning Commission in the near future. Included with this report are the proposed project conditions recommended by the Planning Commission and the Screencheck Final Environmental Impact Report. Other documents included for review are the Tentative Tract Map, Landscape Concept Site Plan and the Design Guidelines. Continuance of the public hearing, to a date determined by the City Council, is recommended. STAFF RECOMMENDATIONS M 1. Open the Public Hearing, accept public testimony; discuss and consider all comments; 2. Continue this item, public hearing open to October 17, 2001. Attachments: 1. Planning Commission Staff Report from meeting of February 26, 2001. 2. Vesting Tentative Tract Map No. 5187. 3. Planning Commission Resolution No. PC- 2000 -401. 4. Planning Commission Resolution No. PC- 2001 -403. 5. Planning Commission Agenda Report from meeting of December 11, 2000. 6. Draft Mitigated Monitoring Program considered by the Planning Commission. 7. City Council Agenda Report regarding Settlement Agreement from meeting of July 18, 2001. 8. Three Dimensional Topographic Exhibit. 9. Grading and Access Modifications. 10. Preliminary Landscape Design Plan. 11. Recreation Area - Preliminary Landscape Design Plan. 12. Residential Planned Development Design Guidelines (under separate cover). 13. Screencheck Final Environmental Impact Report (under separate cover) . e G�:,06 \ \MOR_PRZ_SERV \City Share \Community Development \Everyone \City Council Agenda Reports \cc - 100301 stf rpt.GPA 9901.ZC 9901.RPD 9902.VTM 5187.d2.92601.doc ITEM _ S � a • _ City of Moorpark Community Development Department Planning Commission Staff Report DATE OF MEETING: February 26, 2001 STAFF REPORT DATED: February 21, 2001- GPA No. 99 -01 Request to divide 350 acres into 250 single - family) ZC No. 99 -Oi lots on approximately 100 acres with the remaining RPD No. 99 -02 250 acres open space; to develop according to a' Residential Planned Development proposal; to amend VTT No. 5187 the General Plan designation for the property from RL (Rural Low Density) to RH (Rural High Density) and Open Space; to change the property zoning from RE -5 acre minimum lot size to RPD 1.78 dwelling units per acre for the residential portion and from RE -5 acre minimums to Open Space and Institutional. APN 9 parcels total: 500 - 260 -025, -045, -075, -085, and -095; 500 - 270 -090, -140, -155, and -165 CEQA EIR approved by the Planning Commission December 18, 2000 for use in project consideration and recommended for City Council certification APPLICANT West Pointe Homes, Inc. Environmental Determination: Environmental Impact Report (EIR) (SCH 94081075), recommended by the Planning Commission at a Special Meeting to the City Council on December 18, 2000, assesses the impacts of each of the above identified applications and puts forth mitigation measures recommended to-be incorporated into the project in order to reduce the level of environmental impact to an insignificant level. STAFF RECOMMENDATION: Continue to a date certain with the public hearing open. X ACHMENT S: \Community Development \Everyone \Planning Commission Agenda Reports \010226 pc West Pointe Homes GPA TT RPD stf rpt.doc 02/23/01 11:59 AM ai NN sti rororo 0) (D LQ t3l w (D fl LO Nn 0 N N- 0 co 0 M 0 0 Planning Commission February 21, 2001 Page 3 BACKGROUND AND PRIOR ACTIONS: On January 9, 1991, the Moorpark City Council approved Vesting Tentative Tract Map No. 4620 and related entitlements which would permit construction of up to 66 large lot "ranchette" type homes on minimum 5 acre parcels. The entitlements would have resulted in substantial grading, would not be consistent with the City's Hillside Management Ordinance, would not contribute to needed areawide circulation improvements and no significant open space would be preserved. The vesting map approval has been extended by the City Council on several occasions and California State law has been modified during this period such that this map is valid until January 9, 2002. The applicant has been working with the City since March 19971 evaluating alternative development concepts. On April 22, 1998, the City's Affordable Housing /Community Development Committee recommended that the City Council authorize the processing of a project with a maximum of 250 residential units concurrent with a General Plan Amendment and Zone Change. On June 17, 1998, The City Council reviewed and approved Pre - Application 97 -01 and authorized processing of the proposed project based upon the concept recommended for processing by the Affordable Housing Community Development Committee to the Council. In August 2000, an Environmental Impact Report (EIR) was prepared and circulated for the project. The Planning Commission held a public hearing on October 23, 2000, to take testimony, review and consider the document. The public hearing and Commission workshops on the EIR (with presentations by the applicant about the project included in the workshops) were continued for five additional meetings on November 13th, November 27th, December 11th and December 18, 2000. On December 18, 2000, the Commission found the EIR to be a complete document for purposes of decision- making on the subject legislative and entitlement applications and adopted Resolution 2000 -401 recommending certification of the EIR to the City Council. ORDINANCE AND POLICIES: The Subdivision Ordinance requires the filing and approval of a 5: \Community Development \Everyone \Planning commission Agenda Reports \010226 pc West Pointe Homes GPA TT RPD stf rpt.doc Modified on 02/23/01 11:59 Am 1— 0 G t. Planning Commission February 21, 200 Page 4 Tentative Tract map to subdivide land into more than four (4) lots. Section 17.36.030 of the Zoning Ordinance requires a Residential Planned Development (RPD) permit when creating five or more separate residential lots. Additionally, this section of the code sets forth the criteria for RPD applications, including setback requirements, height limitations, etc. Chapter 17.32 of the Zoning Ordinance establishes standards for parking. The Hillside Management Ordinance incorporates a significant ridge line designation and identifies significant visual resources. The Ordinance further sets forth contour grading practices to minimize the impacts of mass grading. The General Plan Open Space, Conservation and Recreation Element (OSCAR) identifies significant ridge lines for open space and visual preservation and supports policies in the Land Use and Housing Elements calling for cluster -style developments on large tracts of land. The General Plan Housing Element identifies the city's regional fair share of affordable housing, new construction goals. When projects require General Plan amendments and zone changes to achieve a proposed residential density, the City requires developer participation in providing affordable housing. The current policy for projects located outside of the Redevelopment Project area is to require that 100 of the approved residential units be designated as affordable in the lower income range. GENERAL PLAN /ZONING DESIGNATIONS /LAND USE: Direction General Plan Zoning Use Site RL (Rural Low RE -5 acres Open Space/ agricultural Density) North ML (Medium Low OS, RPD Moorpark Country Club Estates Density) (under construction) South Specific.Plan 1 Specific Plan 1 vacant /grazing East Open Space - 1 OS, RA -10 Water Works District Open Space - 2 West ML (Medium Low OS, RE -5 Mixed agricultural /low density Density) OS residential S: \Community Development \Everyone \Planning Commission Agenda Reports \010226 pc Nest Pointe Homes GPA TT RPD stf rpt.doc Modified on 02/23/01 11:59 AM Planning Commission February 21, 2001 Page 5 PROJECT DESCRIPTION: There are four (4) applications before the Planning Commission that comprise the total request from West Pointe Homes to develop 100 acres of a 350 -acre site with 250 single - family homes with the remaining 250 acres designated as permanent open space. Plan Amendment No. 99 -01 requests an amendment General Plan for the entire property from RL (Rural Low Density) to RH (Rural High Density) and OS (Open Space). Zone Change No. 99 -01 requests an amendment to the Zoning Ordinance and Map from RE -5 acre minimum lot size to RPD 1.78 dwelling units per acre (residential portion of the project), OS (open Space), (conservation easement and open space dedication), and I (Institutional Use) for flood control and water supply facilities. The requested General Plan amendment and zone change, if granted, will permit the project as designed in the Residential Planned Development Permit application to go forward. Residential Planned Development Permit (RPD) No. 99 -02 proposes to implement the development concept approved for processing by the City Council in June 1998, for a maximum of 250 single - family dwellings. The RPD clusters the residential use on the lower elevation portions of the eastern third of the land within the project boundary, thereby keeping development off of significant ridgelines, minimizing grading impacts and maximizing open space. The application incorporates recreational facilities and tot lots throughout the project. Vesting Tentative Tract No: 5187 proposes the subdivision of land with roadway and utility infrastructure improvements required to support the development and mitigate environmental and safety impacts from the project on an individual and cumulative basis. The project includes a public street connection to the southwest1to Specific Plan No. 1 and a combined public street system with intersecting gated private streets. Fire safety access is provided to the east to Walnut Canyon Road. Street improvements and right - of -way widening is provided along Walnut Canyon Road (SR -23). Vesting Tentative Map 5187 sets forth lots by their intended usage. S: \Community Development \Everyone \Planning Commission Agenda Reports \010226 pc West Pointe Homes CPA TT RPD stf rpt.doe Modified on 02/23/01 11:59 AM Planning Commission February 21, 2001 Page 6 Three (3) lots are identified to accommodate drainage needs on a project and regional basis. A Water Tank Lot, required as a condition by the Ventura County Water Works District No. 1 is identified as Lot No. 260. Three (3) recreational lots are identified internally in the development for residents' use. Three (3) lots are identified as open space lots. One (1) open space lot (identified by number 262) is to maintain the riparian area in its natural state. One (1) lot (numbeYr2fi3 ) is th.P -.0 - -- *tSrly portion of the site, comprised of approximately 250 acres, to remain in its natural site and is proposed as permanent open space. One (1) lot, identified as Lot 251 is a proposed trailhead site of 91,786 square feet for access into the Open Space area. The trailhead lot, provided in response to the Planning Commission discussion, is not intended to be paved or otherwise improved; rather it is to provide an access point to the proposed 250 -acre open space area. The 350 acres are proposed for division into 263 lots as follows: Lot Nos. On VTT No. 5187 Lot Description No. of lots Lot Size or Range 1 -247 Executive Single - family Lots 247 7,000- 25,373 (SF) 248 -250 Estate Lots 3 58,716- 436,844 (SF) 251 -253 Recreational Lots 3 4.7 acres total 257 -258 259 Project Detention Basins Lots Regional Detention Basins Lot 2 1 12.3 acres total 3.9 acres 261 -263 Open Space Lots 3 1229.3 acres total 260 Water Tank Lot 1 13.9 acres 263 Total 263 1 350 acres Vesting Tentative Tract No. 5187, once approved and vested with the other project applications is,-intended to replace VTT 4620 and all related previous entitlements in their entirety. The Development Agreement, although not part of this report.or.__ processing effort, will combine all aspects of the project proposal and City Council conclusions concerning project need for and impact on community services together with any contributions required to insure actions. 5: \Community Development \Everyone \Planning Commission Agenda Reports \010276 pc Nest Pointe Homes GPA TT RPD sti rpt.doc Modified on 02/23/01 11:59 AM ; � x`01.2 Planning Commission, February 21, 2001 j- Page 7 DISCUSSION: SITE DESCRIPTION: The West Pointe project site is located in the northern portion of the City with 1700 feet of frontage on Walnut Canyon Road (SR 23). The site is composed of nine (9) parcels that comprise 350 acres of =--- - -,,roperty which is configured into a relative-.]y -x. arrow au -G1_ s= ust trending rectangular- shaped property. The western two - thirds of the property (about 250 acres) is proposed to be permanent open space which can be accomplished as a conservation and open space easement or may be dedicated to a governmental entity including the City of Moorpark. The western two - thirds of the proposed easement area drains westerly towards Gabbert Canyon, while the eastern third of the property where development is proposed, drains towards the Walnut Canyon drainage, adjacent to State Route 23. The western boundary of the property extends more than a mil (approximately 7,000 feet) e west of Walnut Canyon Road. The proposed easement area is separated from the area of proposed residential cluster development by a north -south ridge. The West Pointe property consists of piedmont type foothills defined by two (2) ridgelines trending from the northeast to the southwest across the site. There is a large internal valley system between these two (2) ridgelines which is partitioned by a north - south trending ridgeline; the western valley is where the open space component of the project is proposed, while the smaller eastern valley system adjacent to Walnut Canyon is proposed for cluster development. To the north, the southern ridgelines, preserved as part of the Moorpark Country Club Estates project (Toll Brothers) , are also part of the northerly ridge system in the West Pointe Homes development. All of these ridgelines are visible from other areas within the City, such as the intersection of Los Angeles Avenue and Moorpark Road. The north -south ridgeline which partitions the property into an eastern and western valley system is the primary ridgeline visible from the segment of Walnut Canyon Road adjacent to the site. S- Wommunity Development \Everyone \Planning Commission Agenda Reports \010226 pc Hest Pointe Hanes CPA TT RPD stf rpt.doc Modified on 02/23/01 11:59 AM Planning Commission February 21, 2001 Page 8 DRAINAGE: The existing drainage pattern on the subject property is primarily overland sheet flow into several natural watercourses that traverse the site, ultimately flowing into the Walnut Canyon watershed, the Gabbert Canyon watershed and a natural watercourse westerly of and adjacent to Walnut Canyon Road. The Federal Emergency Management Agency (FEMA) has not tdentified any flood hazard areas or zones within the project area. The project proposal includes a private detention /NPDES basin whose flow will be combined with a proposed culvert containing the natural drainage being passed through the site. A regional detention /debris basin, as identified in the "Gabbert and Walnut Canyon Channels Flood Control Deficiency Study," has been incorporated into the project. This facility will be built to the requirements of the Ventura County Flood Control District, and owned and maintained by Flood Control. The "Gabbert and Walnut Canyon Channels Flood Control Deficiency Study" was approved by the City Council in August 1998. The purpose of the study was to develop and evaluate alternative drainage improvements and storm water management measures that correct existing hydraulic capacity runoff deficiencies; thereby providing a desired level of flood protection. GRADING: Grading on the site is expected to balance with 1,714,655 n- cubic yards of cut and fill being moved. Grading on the site implements the general grading concepts for contour grading and modified slopes called for -in the City's Hillside Management Ordinance. Slope analysis calculations for the natural terrain and open space provided by the proposed project are as follows: S- \Ccm unity Deve lopment \Everyone\ Planning Commission Agenda Reports \010226 pc Hest Pointe Homes GPA TT RFD etf rpt.doc Modified on 02/23101 11:59 AM Planning Commission February 21, 2001 Page 9 DESCRIPTION NATURAL TERRAIN Area Within Each Slope Category Percentage of Entire Site DEVELOPED AREA Developed Area Within Each Slope Category Percentage of Entire Site UNGRADED AREA Ungraded Area Within Each Slope Category Percentage of Entire Site OPEN SPACE Percentage of Ungraded Area Within Each Slope Category SLOPE CATEGORY TOTAL The clustering of development to the easterly portion of the project minimizes the amount of graded area on the site and assures the major east -west ridgeline will remain intact. The crest of the ridgeline as seen from the valley floor will remain unchanged with implementation of the project. Grading and home construction is proposed for a segment of the north -south ridgeline in the easterly portion of the site. A portion of this grading is required to provide gravity sewer service connection to Walnut Canyon Road. Grading on the north -south ridge will be set back 200 feet from the project's southerly boundary, leaving the natural grade and terrain of the crest of the ridgeline at an elevation of ±983 feet. The crest of the ridgeline will then be "backcut" to create lots with pad elevations having a maximum elevation of 947 feet. This "backcut" will create a verticle separation from the natural crest of the ridgeline to the pad of approximately thirty -six (36) feet, providing line -of -site visual mitigation for construction of two - story single - family homes. Therefore, proposed structures will be hidden by the "backcut" and the visual integrity of the crest.of the north -south ridgeline will be preserved as viewed from the valley floor consistent with provisions of the Hillside Management Ordinance. The applicant is preparing a model of the final grading of the site as called for in the October 9, 2000, adopted City Council Policy No. 10 -A. This model illustrates the final slope configurations S: \Community Development \£veryone \Planning Commission Agenda Reports \010226 pc West Pointe Hanes GPA Tr RPD stf rpt.doc Modified on 02/23/01 11:59 AM {( 3 '�/ 0 �'• "J IS Planning Commission February 21, 2001 f Page 10 with the project road and subdivision design in order for the Planning Commission, City Council, public and staff to better understand how the project complies with the Hillside Management Ordinance and contour grading solutions. RESIDENTIAL PLANNED DEVELOPMENT (RPD): The. - :applicant has submitted a comprehensive Residential Planned. -: Development (RPD) Plan with design criteria in a booklet format, which is included in the Planning Commission agenda packet. The RPD Plan sets forth prototypes including architectural restrictions, fencing details, landscaping requirements, finish grading guidelines, and property amenity restrictions. The RPD Plan illustrates how the project meets or exceeds zoning requirements for an RPD permit as called for in Zoning Ordinance Section 17.36.030. The RPD Plan includes community recreation facilities and tot lots as follows: Lot Nos. on Recreation Facility Location Sized of VTT No. Lot 5187 252 Main Recreation Area "A" and "O" 31,270 sq. Tot Lot, Meeting Room, Half Court Streets ft. Basketball, Changing Room, Bathroom, Pool 25' x 50', Spa, Parking 256 Tot Lot #2 Swing set, benches, sand "A" and "B" 14,411 sq. play area Streets ft. 253 Tennis Courts (2), changing room, "0" and "K" 78,741 sq. bathroom Streets ft. 254 Passive park, pathways, gardens "A" and "E" 21,576 sq. Streets ft. 251 Trail head Southerly 91,786 sq. portion of ft. "A" Street The residential design concept incorporates architectural planning, home sizes and styles consistent with the proposed development"to*:- the immediate north (Moorpark Country Club Estates - Toll Brothers). The overall concept proposes relatively large lot single- family residential subdivision designs to serve the local and regional demand for executive style homes on large lots surrounded by open space. Sa \Community Development \Everyone \Planning Commission Agenda Reports \010226 pc hest Pointe Homes GPA TT RPD stf rpt.doc Modified on 02/23/01 11:59 AM Planning Commission February 21, 2001 Page 11 The Residential Planned Development (RPD) proposes six (6) home - site architectural styles; each with a variety of elevations and garage configurations available to further create an atmosphere of custom home living. The styles include: Cape Cod, Georgian, Spanish Eclectic, Country French, Craftsman and Italian Villa, each style is pictured, beginning on page 15, of the RPD book. The minimum pad size for each home is seventy (701) feet wide -and one hundred ten (110') feet deep with an average lot size of 13,000 to 14,000 square feet. Garages will be provided in two (2) and three (3) space configurations, depending on model and floor plan. A maximum of 20% of all units within the project will be limited to a maximum height of twenty -eight (28') feet, depending upon lot location and relationship to significant ridgelines. Staff is currently evaluating an alternative to require a fixed percentage of single story units to respond to an unmet need in the community and increase the diversity of the streetscape. AFFORDABLE HOUSING: The proposed project, based upon current City policy, is required to participate in the provision of affordable housing. The applicant has not proposed affordable housing as a part of the development concept. The developer's obligation for affordable housing is based upon current City policy; i.e. 10% of the total number of units are required to be affordable (as defined in the Housing Element). Based upon conditions required by the City Council on previously approved and similar projects, there is the option of providing the units on -site, off -site or negotiating an in -lieu fee. West Pointe will be required to participate in the City's affordable housing program, if the General Plan amendment and zone change are approved. The details for meeting this obligation would be worked out in an Affordable Housing Agreement and a Development::- Agreement. Provisions for affordable housing are included in the recommended conditions of approval. ENTRY WAYS AND LANDSCAPING: Three (3) streets, "B ", "0 ", and "E" are proposed to be gated entrances to this project. Decorative, iron gates will be placed S:\COmmunity Development \Rveryone \Planning Commission Agenda Reports \010226 pc best Pointe Homes CPA TT RPD stf rpt.doc Modified on 02/23/01 11,59 AM Planning Commission February 21, 2001 Page 12 between brick pilasters in a seventy -five (751) foot right -of -way at each entry. The entry areas are large enough for guard houses should the Homeowners Association (HOA) desire them. The gates will be operated from each dwelling unit by telephone and will also operate with remote controls to decrease vehicle stacking time at peak periods. Each entry to a gated neighborhood will- -include a landscaped parkway on both sides and a twenty -five (251) foot wide by fifty (501) foot long landscaped median. The area in front of the gate, for a minimum of twenty (20') feet on both sides will be surfaced with decorative pavers. Based upon applicant's design stacking for three cars between the gate and the public right -of -way will be provided. The access to each gated entry will also include a turn- around area for vehicles, if access to the gated community is not achieved. The "A" Street intersection at Walnut Canyon Road is the main entry and community focus for the development. The main entry feature will be constructed in the private portions of the entry owned by the Homeowners Association immediately adjacent to the public right -of -way. Landscaping on "A" Street, as described earlier, will continue the parkway theme. The applicant will provide full -scale exhibits of the RPD design which will become a part of the public hearing record and be incorporated into any project approval. TRAFFIC AND NOISE: The traffic study prepared for this project included in the Environmental Impact Report (EIR) analysis the trip generation created by this project. The project is expected to generate approximately 2,388 average daily trips (ADT), 190 A.M. peak hour trips and 228 P.M. peak hour trips. The project, as revised and mitigated through applicant and. Planning Commission action, will not have a significant impact on the environment. The noise study prepared for this project is also included in the EIR. The nearest noise source will be traffic from Walnut Canyon Road; over 300 feet away to the nearest home. The noise generated by this project and in the area of development for this project is S: \Community Development \Everyone \Planning Commission Agenda Reports \010226 pc West Pointe Homes GPA 1T RPD stf rpt.doc Modified on 02/23/01 11:59 AM Planning Commission February 21, 2001 j Page 13 not a significant impact. CIRCULATION, PEDESTRIAN AND TRAIL ACCESS: Each proposed lot has a minimum of seventy (70) feet of street frontage and a thirty (30') foot wide driveway leading to two and three car garages. Curb to curb street widths of thirty -six (36) feet on the cul -de -sacs have been designed to permit—on- street parking and adequate room for internal circulation. Except for the street which connects Walnut Canyon Road to the future Hitch Ranch, all project streets are proposed to be private and maintained by a Homeowners Association. Five (5) foot sidewalks are provided on both sides of "O" Street which is identified as a 53 (fifty - three) foot wide collector street on the tentative map. Sidewalks are also provided as follows: "K" Street Street "I" Street "E" Street Street - "A" Street below on both sides from "O" Street to "I" on both sides, entire length on both sides from "A" Street to "I" along the south side as described The applicant has expressed reservations about the safety aspects of having a sidewalk directly on the improved full -width Walnut Canyon Road. VTT 5187 proposes the sidewalk as a part of the trail system described below and places the sidewalk that would have been along Walnut Canyon Road, instead along the westerly bench of the drainage and detention basin lots, approximately 300 feet west of the Walnut Canyon Road travelway. There would be no reduction in the land dedication along Walnut Canyon Road for West Pointe's full frontage if this sidewalk alternative location is implemented.'. The proposed public street, "A" Street, has full improvements in a sixty (60) foot right -of -way. The design speed is 40 miles per hour in anticipation of the ultimate connection to Hitch Ranch to the south /west. The roadway improvements include a continuous five (5) foot sidewalk on the south side of the street from the connection point at Hitch Ranch to Lot 59, the proposed detention basin. The S. \Commnity Development \Everyone\ Planning Commission Agenda Reports \010226 pc west Pointe Homes GPA 1T RPD stf rpt.doc Modified on 02/23/01 11:59 AM 6 01 0 i.9 Planning Commission February 21, 2001 Page 14 northerly side of "N' Street has full landscaping and irrigation in a parkway concept throughout the project. The ten (10) foot equestrian, or multi- purpose, trail included in the "A" Street right -of -way runs adjacent to the sidewalk on the north side of the street, separated by a split rail fence. The trail will ultimately connect to the trail system in Hitch Ranch and accesses the trailhead open space lot mentioned above. The trail continues along "A" Street until it reaches Lot 259, a proposed drainage detention basin where the trail turns north. The trail follows the upper contours of the detention basin lot and connects to the next property to the north, near an existing driveway. The trail, composed of decomposed granite (DG) will be in a public easement which will also include a sidewalk and a split rail fence separating the two. In the future, this driveway will be the approximate intersection for linkage of trails leading to the east into Specific Plan No. 2, then to Happy Camp Canyon Regional Park and will continue north of this point to a connection into the Toll Brothers project site, approximately 400 feet to the north. At the public hearing, the applicant will provide a presentation map of the trail routes and connections. This map will become part of the public record and be incorporated into any project approval. The above described equestrian /multi - purpose, trail route has been designed to facilitate trail connections with other properties and has been routed so as to not disturb the existing biological resources located in the open space /conservation easement area. The absence of trail building and new construction in this area is a mitigation measure for EIR purposes and can reduce the disturbance to the venturian coastal sage to a less than significant impact. Existing use of the open space/ conservation easement area is not affected by this action and the trailhead open space lot illustrates the expectation that the land will continue to be used as passive open space. OFF -SITE CIRCULATION: Walnut Canyon Corridor Improvement Plan: Walnut Canyon Road which is designated as State Route 23 is in need of improvement to allow it to function at a higher capacity level to serve local and regional traffic. Proponents of development which will add vehicle trips to State Route 23 and staff have been 5: \Community Development \Everyone \Planning Commission Agenda Reports \010226 pc hest Pointe Homes GPA TT RPD stf rpt.doc Modified on 02/23/01 11.59 AM Planning Commission / February 21, 2001 Page 15 working to identify the necessary improvements and approximate cost to improve this roadway. As a result, the Walnut Canyon Corridor Improvement Plan has been underway for approximately six (6) months, involving developers of projects from Wicks Road to the north city limits in the work effort. In January 2001, a Draft Walnut Corridor Improvement Plan was submitted to the City reflecting the developers response to the City's request for an achievable plan. The plan anticipates each developer of a proposed project to be responsible for entry improvements at their site and full roadway improvements along Walnut Canyon Road for the distance from the north city limits to Casey Road. Full improvements includes two (2) twelve (12') foot travel lanes and two (2) eight (81) foot shoulders, however four (41) foot shoulders are proposed where significant topographic constraints exist if Cal Trans will waive the standard for eight (81) foot shoulders. West Pointe, as a participant in the study plan, has included these requirements as a part of their vesting tentative tract map and these improvements are also included as mitigation measures in the t 'f project's Environmental Impact Report. Cross -town Arterial: On February 7, 2001, the City Council accepted a report on the SR 118 Cross -town Arterial Bypass corridor component of the Circulation Element and directed staff and the Planning Commission to initiate an amendment to the General Plan designating this transportation corridor as an arterial street. The arterial street approved route is south of the West Pointe site and not on West Pointe property, however future traffic will be able to access West Pointe by the roadway connection described earlier and in the next paragraph with Specific Plan No. 1. The VTT 5187, with the fully improved "A" Street and the requirement for roadway connections to the Hitch Ranch street system reflects the goal of the Circulation Element to achi6ve- linkages between neighborhoods and create a comprehensive circulation network for the community. The applicants participation in the east /west arterial is recommended to be conditioned to: 1) facilitate any maintenance and slope easements that may be needed to build the Bypass; 2) complete the through road "A' Street connection to Hitch Ranch with the removal of the temporary cul -de- sac and construction of the connection in such a way as to ensure Ss \Community Development \Everyone \Planning Commission Agenda Report. \010226 pc West Pointe Homes GPA TT RFD stf rpt.doc Modified on 02/23/01 12:31 PM Planning Commission February 21, 2001 Page 16 access to the east /west arterial; and 3) participate in city traffic fee programs on a fair -share basis. Moorpark Avenue and High Street Intersection: The Environmental Impact Report (EIR) identifies needed mitigation at this intersection and the applicants' responsibility to assist in achieving the mitigation. The mitigation included as a recommended condition of the project requires the applicant to fully fund and construct the improvements under a reimbursement agreement which requires future developments to pay their fair share of the improvement back to West Pointe Homes. The intersection needs to be improved for increased capacity consistent with General Plan standards to operate at Level C after buildout of the project. The improvement includes restripping of lane approaches to provide an additional eastbound lane. FIRE ACCESS AND PROTECTION: There are three (3) fire emergency access roads delineated on Vesting Tentative Tract Map 5187. The road from the end of "M" Street to Walnut Canyon Road is a permanent emergency access and will have "break away" type gates installed. The other two (2) roads run north of the project, one from "H" Street and one from "K" Street, adjacent to Lot No. 135. These roads connect to an existing easement that is on adjacent property and ultimately connects to Walnut Canyon Road. These two (2) access points must be constructed and the entire easement maintained until the completion of 'A!' Street to the Hitch Ranch project, located south of West Pointe, provides an acceptable alternate means of access. The applicant must also maintain a 200 foot fuel modification barrier around the northwest edge of the project (Lots 170, 184 -186, 189, 190, and 203 -221) until "A" street is connected. The Fire Department and the applicant have agreed on an alternative approach to fire protection in the event the connection to "A" Street is delayed beyond build -out of West Pointe Homes. First, the 200 foot fuel modification barrier would have to be maintained in perpetuity through the Homeowners Association. Second, the developer would have the option of providing a full sprinkler system in the sixty (60) dwelling units in the northwest quadrant S: \Com pity Development \Everyone \Planning Commission Agenda Reports \010226 PC Nest Pointe Homes CPA TT RPD stf rpt.doc Modified on 02/23/01 11:59 AM U11 0 4010 Planning Commission February 21, 2001 Page 17 of the development (Lots 161 - 221). This alternative and the requirements to construct and maintain fire access roads and fuel modification areas are included in the recommended conditions of approval. FUTURE OWNERSHIP AND MAINTENANCE: A Master Homeowners Association (HOA) will be formed by the developer. The developer is responsible for initial construction of all project items. The HOA will be responsible for the ownership, maintenance and operating costs of the following: the the all all the Wal all all all main community entry on Walnut Canyon gated neighborhood entrances private street lighting common area landscaping permanent fire access road from "M" Street to nut Canyon Road insurance's recreation facilities private streets and sidewalks Additionally, the HOA will be responsible for: - maintaining the easement for the off -site fire access roads - maintaining the parkway landscaping on public street .. A,. - performing required fuel modification on the perimeter of the entire development The on -site project required Natural Pollution Discharge Elimination System (NPDES) facilities will be required to be maintained by the homeowners, however an Assessment District is preferred to the Homeowners Association because of potential.- - liability to the City. The recommended conditions of approval reflect the above future ownership and maintenance. The trails on -site that will link Specific Plan No. 1 to County Club Estates (Toll Brothers) will become public facilities after S. \Coanunity Development \Everyone \Planning Commission Agenda Reports \010226 pc West Pointe Homes GPA TT RPD stf rpt.doc Modified on 02/23/01 11:59 AM 0001 0:2, 3 Planning Commission February 21, 2001 Page 18 being constructed by the developer. Upon acceptance of the trails long -term maintenance is anticipated to be assumed by the City based upon a long term funding account required from the developer. OTHER AGENCY REVIEW: This application has been reviewed by the Community Development Department, County of Ventura Resource Management Agency, CalTrans District 7, City Engineer, Fire Department, Police Department, County Flood Control and County Waterworks. Required conditions from these Departments have been included in the proposed Conditions of Approval recommended for this project. STAFF RECOMMENDATIONS: 1. Open the public hearing, accept public testimony, and continue to a date certain. ATTACHMENTS: 1. Mitigation Monitoring Program 2. Vesting Tentative Tract No. 5187 3. DRAFT Conditions of Approval 4. Residential Planned Development (RPD) Booklet S: \Comity Development \Everyone \Planning Commission Agenda Reports \010226 pc west Pointe Homes GPA TT RPD stf rpt.doc Modified on 02/23/01 1:54 PM '01 0%4 co .4y ............ RESOLUTION NO. PC- 2000 -401 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF MOORPARK CERTIFY THE FINAL PROJECT ENVIRONMENTAL IMPACT REPORT (SCH- 19994081075) FOR THE WEST POINTE HOMES DEVELOPMENT PROJECT (GENERAL PLAN AMENDMENT 99 -01; ZONE CHANGE 99 -01; VESTING TENTATIVE TRACT MAP 5187; RESIDENTIAL PLANNED DEVELOPMENT PERMIT 99 -02 AND DEVELOPMENT AGREEMENT) LOCATED NORTH OF CASEY ROAD, WEST OF WALNUT CANYON ROAD WITHIN THE CITY OF MOORPARK; (APPLICANT: WEST POINTE HOMES) WHEREAS, public notice having been given in the time, form, and manner as required by law, the Planning Commission of the City of Moorpark held a public hearing for comment on the Draft Environmental Impact Report (EIR) on September 11, 2000, and continued through December 19, 2000, for the application filed by West Pointe Homes for a project, consisting of General Plan Amendment 99 -1, Zone Change 99 -1, Residential Planned Development Permit 99 -2, Vesting Tentative Tract Map 5187 and a Development Agreement to develop 250 single family homes with private roadways and recreational facilities on an approximately 360.0 acre site located within the incorporated boundary of the City of Moorpark in Ventura County and incorporating more or less Assessor Parcel Numbers: 500 -0- 260 -025, -045, -075, -085, - 095; 500 -0- 270 -090, -140, -155, -165; and, WHEREAS, the West Pointe Homes project is more specifically described as follows: General Plan Amendment No. 99 -1: The General Plan Amendment (GPA) involves the following amendments to the Land Use Element and Circulation Element of the General Plan. 1. Amend the Land Use Element of the General Plan (1992) from Rural Low Density (1 Dwelling Unit /5 acres) to Rural High Density (1 dwelling unit /1 acre.) Permitted development under the current designation is limited to 72 dwelling units on 360 acres The proposed General Plan Land Use designation would permit up to 360 dwelling units. ATTACHMENT M : \CLafleur \M \PC- resos \2000resos \2000 -401 pc 001219 West Pointe Homes.doc Resolution No. PC -2000 -401 Page 2 2. Amend the Circulation Element (1992) to (a.) amend Figures 3 and Figure 4 of the Circulation Element of the General Plan to reflect the placement of bikeways and multi - purpose trails as reflected within the Residential Planned Development document, or as subsequently amended through project review hearings and conditioning 3. Zone Change No. 99 -1: Amendment to the City Zoning Map by designating all properties within the boundary of Vesting Tentative Tract 5187 as Residential Planned Development (RPD -1.78) " and to remove any overlays that may currently affect the properties. 4. Residential Planned Development Permit 99 -2: Permit seeks to gain approval for architectural mix and styles of residential units, recreational facilities and support structures, entry monumentation and fence and wall treatments throughout the project site. 5. Vesting Tentative Tract Map 5187: A subdivision map to create 250 single family residential lots, private and public road easements, open space and recreational lots, drainage easements and easements for trails and conservation purposes. WHEREAS, at its public hearings on the EIR the Planning Commission took testimony from all those wishing to testify on the EIR, closed the public hearing on the EIR on December 11, 2000, and reached its decision on December 19, 2000; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the information presented to the Planning Commission, including but not limited to, the Draft EIR and technical appendices; staff reports; applicant, staff and public testimony; the Planning Commission hereby makes the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: Resolution No. PC- 2000 -401 Page 3 1. The EIR for the West- Pointe Homes project reflects the independent judgement of the City of Moorpark, as lead agency. 2. The EIR for the West Pointe Homes project has been completed in compliance with CEQA (Division 13 of the Public Resources Code of the State of California) and the City's CEQA Procedures. 3. The Planning Commission has received and considered the information contained in the EIR prior to any review of project specific applications or recommendation decisions for the proposed project and has found that the Final EIR adequately addresses the environmental effects of the proposed project. Section 2. The Planning Commission hereby recommends that the City Council of the City of Moorpark consider the West Pointe Homes EIR for certification, as attached hereto and incorporated by reference, as the project EIR finding said EIR consistent with CEQA. THE ACTION WITH THE FOREGOING DIRECTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES: Commissioners Otto, Landis, Haller, DiCecco, Parvin. NAYES: ABSENT: ABSTAIN: PASSED, APPROVED, AND ADOPTED THIS 19TH DAY OF DECEMBER 2000. Mark DiCec00-; Chairman ATTEST: Celia LaFleur,' Secretary to the Planning Commission Resolution No. PC- 2000 -401 Page 4 ATTACHMENT: A. Draft Final EIR West Pointe Homes (On File) RESOLUTION NO. PC- 2001 -403 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT (GPA) NO. 99 -01 TO CHANGE THE LAND USE DESIGNATION FROM RURAL LOW DENSITY (RL) TO MEDIUM LOW (ML) AND OPEN SPACE -1 (OS -1) AND OPEN SPACE -2 (OS -2) ON NINE PARCELS (APN'S 500- 260 -025, -045, -075, -085, AND -095; 500 - 270 -090, -140, -155, AND -165) TOTALING APPROXIMATELY 350 GROSS ACRES OF LAND LOCATED WEST OF WALNUT CANYON ROAD AND APPROXIMATELY ONE -HALF MILE NORTH OF CASEY ROAD ON THE APPLICATION OF WEST POINTE HOMES, INC. WHEREAS, at a duly noticed Public Hearing on February 26, 2001, the Planning Commission considered General Plan Amendment No. 99 -01 filed by West Pointe Homes, Inc. for a change in the Land Use Designation of the Land Use Element of the General Plan from Rural Low Density (RL) to Medium Low (ML) and Open Space -1 (OS -1) and Open Space -2 (OS -2) on nine (9) parcels (APN'S 500- 260 -025, -045, -075, -085, and -095; 500 - 270 -090, -140, -155, and -165) totaling approximately 350 gross acres of land located west of Walnut Canyon Road and approximately one -half mile north of Casey Road. WHEREAS, at its meeting of February 26, 2001, the Planning Commission opened the public hearing, received public testimony, and continued this item to March 12, 2001, at which time the Planning Commission closed the public hearing; and WHEREAS, the Planning Commission did hold a public hearing on October 23, 2000, and continued the public hearing to November 13, 2000; November 27, and December 11, 2000; at which time the public hearing was closed and the Planning Commission did adopt Resolution No. 2000 -401 recommending to the City Council certification of EIR- SCH- 94081075 which provides an evaluation and mitigation measure for the proposed project; and WHEREAS, the Planning Commission, after review and consideration of the information contained in the Planning Commission staff report, and testimony received, has made a decision in this matter. M : \CLafleur \M \PC- resos \2001resos \2001 403 pc031201 West Poin a GPA 99 -01 Reso.doc Modified: 03/26/01 T"��F � E U00161LO RESOLUTION NO. PC- 2001 -403 West Pointe GPA 99 -01 Page 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby find that General Plan Amendment No. 99 -01 is consistent with the approved EIR. SECTION 2. That the Planning Commission adopts the following additional findings: California Environmental Quality Act (CEQA) Findings 1. That EIR SCH- 94081075, prepared for West Pointe Homes and its ancillary applications, approved by the Planning Commission and recommended for certification to the City Council on December 18, 2000, in Resolution No. PC 2000 -401 serves as the environmental document for General Plan Amendment No. 99 -01 as permitted by Section 15182 of the Guidelines to implement CEQA as adopted by the California Resources Agency. 2. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the approved EIR have been incorporated and shall apply to General Plan Amendment No. 99 -01. 3. A Mitigation Reporting and Monitoring Program prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects applies to General Plan Amendment No. 99 -01. SECTION 3. That the Planning Commission recommends to the City Council approval of: A. General Plan Amendment No. 99 -01 for a change in Land Use Designation from Rural Low Density (RL) to Medium Low (ML) and Open Space -1 (OS -1) and Open Space -2 (OS -2) as further described in Exhibit A. M : \CLafleur \M \PC- resos \2001resos \2001 403 pC031201 West Pointe GPA 99 -01 Reso.doc Modified: 03/26/01 RESOLUTION NO. PC- 2001 -403 West Pointe GPA 99 -01 Page 3 The action of the foregoing direction was approved by the following roll call vote: AYES: Commissioner DiCecco, Haller, Landis, Otto and Parvin. NOES: ABSTAIN: ABSENT: PASSED AND ADOPTED THIS 12th DAY OF MARCH 2001. �1�,,t,irt.1 -lam ani¢e Parvin, Chairperson ATTEST: Celia to the GaFleur, Secretary Planning Commission Exhibit A: General Plan Exhibit Maps M : \CLafleur \M \PC- resos \2001resos \2001 403 pc031201 West Pointe GPA 99 -01 Reso.doc Modified: 03/26/01 v 0 �y ' 03/OE/2001 M. 2000' pp bad GRAPHIC SCALE SCALE: 1'- 1000' OS -2 OPEN SPACE 2 M.L. MEDIUM LOW EXHIBIT "A" G. P.A. 99 -01 RESOLUTION NO. PC- 2001 -404 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE NO. 99 -01 FOR A CHANGE IN THE ZONING DESIGNATION FROM RE -5 ACRE MINIMUM LOT SIZE TO RESIDENTIAL PLANNED DEVELOPMENT (RPD) 1.80 DWELLING UNITS PER ACRE AND OPEN SPACE (OS) ON NINE PARCELS (APN'S 500 -260- 025, -045, -075, -085, AND -095; 500 -270- 090, -140, -155, AND -165) TOTALING APPROXIMATELY 350 GROSS ACRES OF LAND LOCATED WEST OF WALNUT CANYON ROAD AND APPROXIMATELY ONE -HALF MILE NORTH OF CASEY ROAD ON THE APPLICATION OF WEST POINTE HOMES, INC. WHEREAS, at a duly noticed Public Hearing on February 26, 2001, the Planning Commission considered Zone Change No. 99 -01 filed by West Pointe Homes, Inc. for a change in the Zoning from RE -5 acre minimum lot size to Residential Planned Development (RPD) 1.80 dwelling units per acre and Open Space (OS) on nine (9) parcels (APN'S 500 - 260 -025, -045, -075, -085, and -095; 500 - 270 -090, -140, -155, and -165) totaling approximately 350 gross acres of land located west of Walnut Canyon Road and approximately one -half mile north of Casey Road. WHEREAS, at its meeting of February 26, 2001, the Planning Commission opened the public hearing, received public testimony, and continued this item to March 12, 2001, at which time the Planning Commission closed the public hearing; and WHEREAS, the Planning Commission of the did hold a public hearing on October 23, 2000, and continued the public hearing to November 13, 2000; November 27, and December 11, 2000; at which time the public hearing was closed and the Planning Commission did adopt Resolution No. 2000 -401 recommending to the City Council certification of EIR -SCH- 94081075 which provides an evaluation and mitigation measure for the proposed project; and WHEREAS, the Planning Commission, after review and consideration of the information contained in the Planning Commission staff report, and testimony received, has made a decision in this matter. M : \CLafleur \M \PC- resos \2001resos \2001 -404 pc031201 West Pointe Zone Change 99 -01 Reso .doc Modified: 03/26/01 C ()( 0 7 RESOLUTION NO. PC- 2001 -404 West Pointe Zone Change 99 -01 Page 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby find that Zone Change No. 99 -01 is consistent with the General Plan. SECTION 2. The Planning Commission does hereby find that Zone Change No. 99 -01 is consistent with the approved EIR. SECTION 3. That the Planning Commission adopts the following additional findings: California Environmental Quality Act (CEQA) Findings 1. That EIR SCH- 94081075, prepared for West Pointe Homes and its ancillary applications, approved by the Planning Commission and recommended for certification to the City Council on December 18, 2000, in Resolution No. PC 2000 -401 serves as the environmental document for Zone Change No. 99 -01 as permitted by Section 15182 of the Guidelines to implement CEQA as adopted by the California Resources Agency. 2. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the approved EIR have been incorporated and shall apply to Zone Change No. 99 -01. 3. A Mitigation Reporting and Monitoring Program prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects applies to Zone Change No. 99 -01. SECTION 4. That the Planning Commission recommends to the City Council approval of: Zone Change No. 99 -01 for a change in Zone District Designation on the City of Moorpark Zoning Map and the City of Moorpark Municipal Code Title 17; Zoning, from RE -5 acre minimum lot size to Residential Planned Development (RPD 1.80 dwelling units per acre and Open Space (OS) as further described in Exhibit A. M : \CLafleur \M \PC- resos \2001resos \2001 -404 pc031201 West Pointe Zone Change 99 -01 Reso .doc Modified: 03/26/01 J. z RESOLUTION NO. PC- 2001 -404 West Pointe Zone Change 99 -01 Page 3 SECTION 5. That the approval of Zone Change No. 99 -01 is contingent upon final approval of General Plan Amendment No. 99- 01 by the City Council. The action of the foregoing direction was approved by the following roll call vote: AYES: Commissioner DiCecco, Haller, Landis, Otto and Parvin. NOES: ABSTAIN: ABSENT: PASSED AND ADOPTED THIS 12th DAY OF MARCH 2001. `Jan "ce Parvin, Chairman ATTEST: Celia LaFleur,` Secretary to the Planning Commission Exhibit A: Zoning Exhibit Maps M : \CLafleur \M \PC- resos \2001resos \2001 -404 pc031201 West Pointe Zone Change 99 -01 Reso .doc Modified: 03/26/01 C� 03/05/7001 1000' 7000 RtAPt*C SCALE SCALE: 1 "- 1000' DEVELOPMENT EXHIBIT "A" ZC 99 -01 RESOLUTION NO. PC- 2001 -405 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 5187 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 99 -02 FOR THE SUBDIVISION OF APPROXIMATELY 350 GROSS ACRES OF LAND LOCATED WEST OF WALNUT CANYON ROAD AND APPROXIMATELY ONE - HALF MILE NORTH OF CASEY ROAD INTO 250 SINGLE - FAMILY RESIDENTIAL LOTS AND DETACHED SINGLE - FAMILY RESIDENTIAL UNITS, THREE RECREATIONAL LOTS, THREE ENTRY /LANDSCAPING LOTS, TWO PROJECT DETENTION BASIN LOTS, ONE REGIONAL DETENTION BASIN LOT, ONE WATER TANK LOT AND THREE OPEN SPACE LOTS FOR A TOTAL OF 263 LOTS, ON THE APPLICATION OF WEST POINTE HOMES, INC. WHEREAS, at a duly noticed Public Hearing on February 26, 2001, the Planning Commission considered Vesting Tentative Tract Map. No. 5187 and Residential Planned Development Permit No. 99- 02 on the application of West Pointe Homes for the subdivision of approximately 350 gross acres of land located west of Walnut Canyon Road and approximately one -half mile north of Casey Road into 250 single- family residential lots and 250 single- family residential units, and thirteen (13) other lots (APN's 500 -260- 025, 500 - 240 -045, 500 - 270 -075, 500 - 270 -085, 500 -260 -095, 500- 270 -090, 500 - 270 -140, 500- 270 -155, 500 - 270 -165); and WHEREAS, at its meeting of February 26, 2001, the Planning Commission opened the public hearing, received public testimony, and continued this item to March 12, 2001, at which time the Planning Commission closed the public hearing; and WHEREAS, the Planning Commission did hold a public hearing on October 23, 2000, and continued the public hearing to November 13, 2000; November 27; and December 11, 2000; at which time the public hearing was closed and the Planning Commission did adopt Resolution No. 2000 -401 recommending to the City Council certification of EIR -SCH- 94081075 which provides an evaluation and mitigation measure for the proposed project; and WHEREAS, the Planning Commission, after review and consideration of the information contained in the Planning M : \CLafleur \M \PC- resos \2001resos \2001 -405 pc031201 West Pointe VTT 5187 RPD Reso .doc Modified: 03/26/01 � 0G, 8 RESOLUTION NO VTT 5187, RPD Page 2 PC- 2001 -405 No. 99 -02 Commission staff report, and testimony received, has made a decision in this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby find that Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -02 are consistent with the City's General Plan. SECTION 2. The Planning Commission further finds that Vesting Tentative Tract 5187 and Residential Planned Development Permit No. 99 -02 are consistent with the approved EIR. SECTION 3. That the Planning Commission adopts the following additional findings: C.E.Q.A. Findings 1. That EIR SCH- 94081075, prepared for West Pointe Homes and its ancillary applications, approved by the Planning Commission and recommended for certification to the City Council on December 18, 2000, in Resolution No. PC 2000 -401 serves as the environmental document for Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -02 as permitted by Section 15182 of the Guidelines to implement California Environmental Quality Act (CEQA) as adopted by the California Resources Agency. 2. In order to reduce the potential adverse impacts of this project, mitigation measures discussed in the approved EIR have been incorporated and shall apply to Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -02. 3. A Mitigation Reporting and Monitoring Program prepared in compliance with Assembly Bill 3180 and considered in the various decisions regarding these projects applies to Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -02. M : \CLafleur \M \PC- resos \2001resos \2001 -405 pc031201 West Pointe VTT 5187 RPD Reso .doc Modified: 03/26/01 01,.;? RESOLUTION NO. PC- 2001 -405 VTT 5187, RPD No. 99 -02 Page 3 Subdivision Map Act Findings: Based on the information set forth above, it has been determined that Vesting Tentative Tract Map No. 5187, 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 City of Moorpark General Plan. 2. That the design and improvements of the proposed subdivision is consistent with the City of Moorpark General Plan. 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. 7. 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. 8. 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. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. M : \CLafleur \M \PC- resos \2001resos \2001 -405 pc031201 West Pointe VTT 5187 RPD Reso .doc Modified: 03/26/01 0 1() RESOLUTION NO. PC- 2001 -405 VTT 5187, RPD No. 99 -02 Page 4 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 4. That the Planning Commission approves Vesting Tentative Tract Map No. 5187 and Residential Planned Development Permit No. 99 -02 subject to the attached Conditions of Approval and recommends approval of Vesting Tentative Tract Map No. 5187 and Residential Planned Development, Permit No. 99 -02 subject to conditions by the City Council. SECTION 5. That the approval of Vesting Tentative Map No. 5187 and Residential Planned Development Permit No. 99 -02 is contingent upon final approval by the City Council of General Plan Amendment No. 99 -01 and Zone Change No. 99 -01. SECTION G. 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. M : \CLafleur \M \PC- resos \2001resos \2001 -405 pc031201 West Pointe VTT 5187 RPD Reso .doc Modified: 03/26/01 f.. G a P. _I v RESOLUTION NO. PC- 2001 -405 VTT 5187, RPD No. 99 -02 Page 5 The action of the foregoing direction was approved by the following roll call vote: AYES: Commissioner DiCecco, Haller, Landis, Otto and Parvin. NOES: ABSTAIN: ABSENT: PASSED AND ADOPTED THIS 12th DAY OF MARCH 2001. Ja ce Parvin, Chairman ATTEST: J Celia LaFleur, Secretary to the Planning Commission ATTACHMENT A: Conditions of Approval for Vesting Tract Map No. 5187 and Residential Planned Development Permit No. 99 -02. M : \CLafleur \M \PC- resos \2001resos \2001 -405 pC031201 West Pointe VTT 5187 RPD Reso .doc Modified: 03/26/01 Vesting Tentative Tract No. 5181 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes A. GENERAL ADMINISTRATIVE /POLICY CONDITIONS: 1. Application of City Ordinances /Policies: The conditions of approval of this Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 2. Acceptance of Conditions: 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. 3. Expiration of Map: This Tentative Tract Map shall expire three (3) 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. 4. Hold Harmless: The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will Page 1 of 75 SACommunity DevelopmenflEveryoneQ1201 WestpoinAftst Pointe - CONDITONS -l.doc Revised on 01/20015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes 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. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i) The City bears its own attorney fees and costs; ii.) The City defends the claim, action or proceeding in good faith. b. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the subdivider approves the settlement. 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. 5. Severability: If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. Title Report: 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. 7. Computer Aided Mapping System: 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 Page 2 of 75 S: ICommunityOevelopmentlEveryone131201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 5/31/20015:23:52 PM , .% Vesting Tentative Tract No: 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 8. The Residential Planned Development 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 and as shown in Exhibit "A" West Pointe Homes at North Ranch Guidelines as amended by these conditions. 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. 9. Use Inauguration: Unless the Residential Development Permit. is inaugurated (building foundation slab in place and substantial work in progress) not later than three years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to 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. 10. Other Regulations: The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable regulations of the applicable zone and all requirements and enactment's of Federal, State, County, and City authorities, and all such requirements and enactment's shall, by reference, become conditions of this permit. Page 3 of 75 S:ICommunity DevelopmentLcveryone131201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 5/31/20015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes 11. Image Conversion of Plans: 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. 12. Public Nuisance: 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 (Municipal Code Section 1.12.080). 13. Final approval of the Residential Planned Development Permit and Vesting Tentative Tract Map is contingent upon execution of a Development Agreement between the City of Moorpark and the applicant or developer. 14. Final approval of the Residential Planned Development Permit and Vesting Tentative Tract Map is contingent upon execution of an Affordable Housing Agreement between the City of Moorpark and the applicant or developer. The Agreement shall set forth the procedure for meeting an affordable housing requirement of l00 or the total number of approved dwelling units. The Agreement may be part of a Development Agreement. 15. Outstanding Case Processing Costs: 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 residential structure. The applicant, permittee, or successors in interest shall also submit to the Department of Community Development a fee to cover costs incurred by Page 4 of 75 SJCommunity DevelopmentlEveryone01201 WestpoinnWest Pointe - CONDITONS -1.doc Revised on 5131120015:23:52 PM (:0 0 0'':6 Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes the City for Condition Compliance review of the RPD and Tentative Map. B. COM14UNITY DEVELOPMENT DEPARTMENT CONDITIONS: 1. One or more Homeowners' Associations shall be established for neighborhoods comprising this Vesting Tentative Tract Map. The Homeowners' Association shall be responsible for all maintenance related to the natural open space, the trails, all private streets and any manicured landscaping areas as approved by the City. The Homeowners Association may be responsible for the management of any Open Space Easement areas. 2. All natural open space areas as shown on the Tentative Map shall be open to the general public unless otherwise designated by the approved Vesting Tentative Tract Map and shall be owned and maintained by a Homeowners' Association. The City Council may consider a privately funded option prior to recordation of this map. 3. CC &R's and Landscaping Easement Requirements: Covenants, Conditions and Restrictions (CC &R's) and by -laws establishing one or more Homeowners' Associations for the residential development shall be prepared. The CC &R's shall identify all Common Maintenance Areas including maintenance of all hiking trails, open space lots, parkway landscaping for all streets, any shared driveways, storm drains, any fencing or walls within common maintenance areas, recreational areas, and any slope directly affecting drainage or residential street facilities. The draft CC &R's shall be submitted to the 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, Residential Planned Development (RPD) and Development Agreement Page 5 of 75 S:ICommundy Deve1opmenAEve1yone01201 WestpoinflWest Pointe - CONDITONS-1.doc Revised on 01120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes 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 the approved Development Agreement. Sixty (60) day 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. 4. The CC &R's shall contain language indicating that where feasible, the use of recycling materials shall be included in the construction of the project. 5. The CC &R's shall contain 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 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 Final Map. Appropriate language shall be included on the Final Map indicating the boundary of all areas of fuel modification hazard zones. Page 6 of 75 S:1Community DevelopmentlEveryonel31201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 01120015:23:52 PM (ARW A S Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes 6. The CC &R's shall contain provisions prohibiting human, domestic animal, and motorized vehicle use in preserved designated natural open space areas and that tree houses shall not be constructed in remaining trees within the designated natural open space areas of the site. In addition, provisions shall be included requiring the Homeowners' Association to maintain interpretative signs stating the sensitivity of natural habitats and the need to minimize impacts on the natural areas. The signs shall state that they are entering a protected natural area and that all pedestrians must remain on designated trails, all pets are restrained on a leash, and that it is illegal to harm, remove, and /or collect plants and /or animals. 7. Plants listed in Table 4 -2 of the Environmental Impact Report shall not be planted within the common landscaped areas of the proposed site plan. This list of prohibited plants shall be included within the CC &R's to notify and educate Homeowners. In addition, a qualified botanist, who shall recommend appropriate provisions to prevent other invasive plant species from colonizing remaining natural areas, shall review the landscaping plans within common areas of the project. These provisions may include the following- (a) review and screening of proposed plant palette and planting plans to identify and avoid the use of invasive species; (b) weed removal during the initial planting of landscaped areas; and (c) the monitoring for and removal of weeds and other invasive plant species as part of ongoing landscape maintenance activities. A qualified botanist shall determine the frequency and method of monitoring for invasive species. 8. The CC &R's shall include provisions that individual front yard landscaping shall include a minimum of two (2) 48" box trees as a part of private front yard landscaping. Page 7 of 75 SACommunity DevetopmentlEveryoneQ1201 WestpointlWest Pointe - CONDITONS -i.doc Revised on 5/31/20015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes 9. The CC &R's shall contain provisions prohibiting Homeowners' to allow pets and other domestic animals in the designated Open Space Easement area unless restrained by leash and accompanied at all times by the owner or responsible party. 10. 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. 11. The CC &R's shall include language restricting front and rear yard lighting to be consistent with the City's Lighting Ordinance. 12. The CC &R's shall include language that any modifications to structures shall be designed in accordance with the approved RPD Design Guidelines for RPD 99 -02. 13. 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. 14. The CC &R's shall include 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. 15. The CC &R's shall include language prohibiting use of roofing material made of wood or asphalt shingles and Page 8 of 75 S:1Communify DevelopmenAEvetyone131201 WestpoinfiWest Pointe - CONDITONS -1.doc Revised on 5131120015:23:52 PM 00�1.+'0 "0 Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes requiring tile roofs as determined by the City as roofing materials for all structures. 16. CC &R's 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. 17. 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. 18. The CC &R's shall contain language requiring that all property areas be maintained free of litter /debris. 19. The CC &R's shall contain language requiring that all on -site storm 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. 20. The CC &R's shall contain language requiring that private roads and parking lots /drive through be maintained free. of litter /debris. Sidewalks, parking lots and drive through 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. 21. The CC &R's shall contain language requiring that all exterior metal building surfaces, including roofing, be coated and sealed with rust inhibitive paint to Page 9 of 75 S: ICommun4yDeveiopmentlEveryoneVl201 WestpointlWest Pointe - CONDITONS -Ldoc Revised on 5/31/20015:23:52 PM 1, . t , 1, (C!" , Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes prevent corrosion and release of metal contaminants into the storm drain system. 22. The CC &R's shall contain 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. 23. Prior to Final Map approval for any phase, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping and related drainage improvements for all areas adjacent to public roadways and other common open space areas as determined by the City that are required to be landscaped or maintained. Should the Associations fail to maintain the Common Maintenance Areas, or any portion thereof, in a satisfactory manner, the Common Maintenance areas or portion thereof, shall be placed in an Assessment District, at the City's sole discretion, to assume maintenance of the landscaped areas in the event the Homeowners' Association fails to maintain the landscaping in a manner consistent with the approved plans. If the City assumes the maintenance as provided herein, it may include the landscaping maintenance in the appropriate Assessment District, or any successor District at its sole discretion. The applicant shall maintain the right to protest the amount of any proposed assessment consistent with the applicable provisions of State law, but not the formation of, or annexation to a Maintenance Assessment District. The total cost of the formation of any Assessment District and the maintenance provided by the Assessment District for the areas described above, including the cost of converting irrigation systems or other work shall be borne by the property owners, as determined by the City, within the entire area of the tentative map. The applicant shall record a covenant to inform the Page 10 of 75 S:ICommunity DevelopmentlEveryoneUl20i WestpointlWest Pointe - CONDITONS -1.doc Revised on 01120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes purchaser of all of the affected lots of this potential action. The CC &R's shall also include all Conditions of Approval as well as the design guidelines as specified in the RPD Design Guidelines for RPD 99 -02. 24. Prior to Homeowners' Association, Maintenance District's, or similar entity's acceptance of responsibility for the landscaping, the subdivider shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the subdivision. 25. Prior to Final Map approval, the City Council, in its sole discretion, shall determine which areas shall be maintained by a Homeowners' Association, maintenance assessment district, or other entity consistent with the intent of this condition. 26. Trail easements: The Final Map shall indicate the location of all trail and sidewalk easements. The minimum widths of said easements shall be twenty (20) feet wide total as shown or as otherwise approved in conjunction with the approved Vesting Tentative Map. The minimum width of the constructed multi -use trail shall be twelve (12) feet and the minimum width of the constructed sidewalk shall be five (5) feet. Fencing separating the trail and sidewalk shall be installed to the specifications of the director of Community Development. Additional fencing shall be required when the trail abuts the designated Open Space preserve. The trail shall be surfaced with decomposed granite. The sidewalk shall be surfaced as required by the City Engineer. The public trail easement adjacent to Walnut Canyon Road (Highway 23) shall be irrevocably offered for dedication to the City of Moorpark. Prior to recordation, the subdivider shall bond for construction of the proposed trails at 150°% of the estimated cost of the improvements. Once the trails have been built, the developer shall maintain the Page 11 of 75 SACommunity DevelopmentEveryoneQ1201 WestpointlWest Pointe - CONDITONS -l.doc Revised on 5131120015:23:52 PM tw_6 OSa Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes trails for one (1) year and bonds shall remain in effect for a minimum of two (2) years. After that time, the Homeowners' Association, maintenance district, or similar entity shall be responsible for maintaining the trails. The trail system design shall be submitted to the Director of Community Development and shown on the Final Map prior to recordation. Trail links shall be provided to link surrounding subdivisions and the regional trail system shall be properly designated and prohibit the use of motorized vehicles. The maintenance entity shall be determined by the City prior to Final Map approval. The developer shall enter into an agreement with the City to assure the maintenance responsibilities are conferred to one of the entities as described within this condition. a. The proposed trail system shall be designed to retain the integrity of the proposed open space preserve. Trail systems developed within the project shall not be illuminated. The north -south trail alignment along "A" Street shall link the east -west trail system along "C" street in the Moorpark Country Club Estates project via an easement acquired by the developer across the private property in between. The trail system shall traverse the detention basin north of "A" Street and be useable year round. The trail system shall connect to the Hitch Ranch and other areas south of the West Pointe project. The applicant shall be responsible for developing this trail linkage and for construction of the trail connections. b. Developer at its sole cost and expense shall construct the public trail system identified on the VTT 5187 and as described in these conditions, including inspection and City administrative costs. Developer shall also at its sole cost and expense, prepare a design and plans, and specifications for submittal to the Page 12 of 75 S:ICommunity DevelopmentlEveryoneI 31201 WestpointlWestPointe - CONDITONS -l.doc Revised on 5131120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes city. City shall approve design, plans, and specifications at its sole discretion. The required improvements shall also include construction of equestrian crossings over Walnut Canyon Road as determined necessary by the City at its sole discretion. Developer shall at its sole cost and expense provide to the City a cash deposit to fund the maintenance of the trail system; the amount to be as determined through the Development Agreement. 27. Solid Waste Management Plan: Prior to approval of the final map, a Solid Waste Management Plan shall be prepared and submitted to the Community Services Department Analyst responsible for Solid Waste Management Programs for review and approval. This plan, which shall include specific measures to reduce the amount of refuse generated by construction of the proposed project, shall be developed in consultation with the Ventura County Sold Waste Management District and the City of Moorpark to meet waste reduction requirements established by the California Integrated Waste Management Act of 1989. 28. 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. 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 adjacent residential properties. The developer is required at his /her sole expense to connect or reconstruct Page 13 of 75 S: ICommunityDeve lopmentlEveryoneU1201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 5131120015:23:52 PM 01 0 3 Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes 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. Site Distance on Wall and Landscaping Plans: 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. These shall include all landscape walls and /or sound walls required by the Project Development Agreement and mitigation measures adopted for the project whether on -site or off -site. 30. Final Design: 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. 31. Street Intersection Treatments: Any special street intersection treatments shall be approved by the City Engineer and the Director of Community Development. 32. Open Space /Conservation Dedications: Greenbelts, open space areas, landscaped areas, and trails lying within each portion of the Property (not covered by any other section) shall be dedicated to City in a form approved by the City Attorney, or to one or more Homeowners' or property owners associations as determined by the City Council at its sole and unfettered discretion, as a condition of recordation of the final subdivision map or parcel map defining the area within which said areas are located. Greenbelts, buffers and open space areas may include wetlands, storm water detention areas, landscaping and decorative planting areas that do not interfere with greenbelt, buffer and open space uses as determined by the City in its sole and unfettered discretion. Such areas not dedicated to the Page 14 of 75 S:ICommunity DevelopmentlEveryone131201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 5/31/20015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes City shall include a conservation easement granted to the City in a form acceptable to the City consistent with Civil Code Section 815 et seq. 33. Lighting Plan: Prior to issuance of a Zoning Clearance for grading or construction for any dwelling units on the lots created by this Tract Map, the applicant shall submit to the Department of Community Development a lighting plan for review and approval consistent with Chapter 17.30 of the Zoning Ordinance. Lighting consistent with best management practices for open space preservation shall be required for this project. All lighting along the perimeter of natural areas, particularly street lamps, shall be downcast luminaries and shall be shielded and oriented in a manner that will prevent spillage or glare into the remaining natural and open space areas. Low intensity night lighting shall be required within the streetscape and at intersections. Lighting standards shall be rural in nature, low in profile, and shall be minimized along street corridors. More intensive lighting is appropriate at intersections within the project boundary but this lighting shall be only sufficiently intensive to provide for vehicle and pedestrian safety. The project entrance lighting should emphasize low intensity landscape feature up- lighting of accent landscaping. Standard approach lighting within the Walnut Canyon Road Corridor shall comply with Caltrans design standards 34. Submittal of Landscape Plans: Prior to issuance of a Zoning Clearance for construction or grading of the public roadways within and adjacent to this tract, applicant shall submit a complete landscape plan, together with specifications and a separate Maintenance Plan for approval to the Director of Community Development and the City's Landscape Consultant. Page 15 of 75 S:ICommunity DeveloprwntlEveryone131201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 513120015:23:52 PM ( :0005 -1 Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes a. 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. b. The Landscape Plan shall include landscaping for the Water Tank Lot. C. All plant material shall conform to the current issue of the American Standard for Nursery Stock published by the American Association of Nurserymen. d. 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. e. Prior to final inspection by the City of Moorpark, the applicant shall provide a written certification for the operation of the backflow device. f. All backflow preventers, transformers, and other above -grade utilities shall be appropriately screened with walls and /or plantings. g. The planting and irrigation design shall comply with the State of California Model Water Efficient Landscape Ordinance. h. 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. Page 16 of 75 S:ICommunity DevelopmentlEveryonel31201 WestpointlWest Pointe - CONDITONS -1. doc Revised on 513112001523:52 PM U10GIO S Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes i. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height, any front yard landscaping for residences that may be required by the approval of an RPD, and all common areas to be maintained by the Homeowners' association including parkways, median strips and slope easement areas located along Walnut Canyon Road, and interior streets. Front Yard landscaping shall be installed as determined by the Residential Planned Development Permit for all lots in this project as reviewed and approved by the Director of Community Development prior to final inspection and release of utilities. j. The streetscape within each neighborhood shall be fully landscaped and treated with rural design features typical of the immediate project vicinity. k. The applicant shall provide a Tree Report and tree replacement plan consistent with Ordinance No. 101 as a part of the Landscape Plan. Native plants shall be used in the restoration of areas disturbed by the construction of the project. The City shall monitor the use of native plants through review and approval of all project landscape plans. 1. Additional trees shall be provided and located as approved by the Director of Community Development to offset the value of the trees to be removed. The landscape plan shall also incorporate extensive tree landscaping including specimen size trees as approved by the Director of Community Development. M. Plants listed in Table 4 -2 of the Environmental Impact Report shall not be planted within the common landscaped areas. Page 17 of 75 S: ICommunityDeve lopmenAEveryone131201 Westpointiftst Pointe -COND /TONS -i.doc Revised on 5/31/20015:23 :52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes n. The permanent removal of 10 California walnut trees located within the California walnut woodland community, shall be replaced at a 10:1 mitigation ratio by planting 100 California walnut trees on the site or in the adjacent Conservation Easement /Conservation Dedication area. The trees shall be planted dominantly within the upland areas above the detention basin, in upland areas within restored riparian corridors, and in other upland areas within the Conservation Easement /Conservation Dedication area. To ensure maximum survival rates, these replacement trees shall be a minimum of fifteen - gallon specimens that are six (6) feet tall with a one (1) inch trunk caliper when planted. o. The entrance to the proposed project shall be designed to provide entry monumentation, appropriate landscaping and signage at the entry point. An orderly and consistent tree planting program shall be established for both entrance roads to provide a landscaping pattern along the entranceways that resembles a rural ranch entry road design. Recommended tree plantings for these entry points shall include the non - natives typically used in ranch settings for entryways including olive trees, poplars, and other native or naturalized trees. The use of xeriscape accent features (agave, yucca, and local types of cactus [Opuntia sp.] shall be encouraged in the entry design. p. The eastern perimeter of the project shall be designed to provide a substantial restoration of riparian landscape features within the Walnut Canyon drainage situated between Walnut Canyon Road and the project. The drainage /detention facility slopes within both the public and private debris /detention facilities within the development shall be landscaped with native Page 18 of 75 S:ICommunity DevelopmentOveryoneU1201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 5/31/2001 5:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes riparian woodland plants (such as valley oak, live oak, sycamore, poplar, and willow). Similar landscaping shall be provided in the central drainage located central to the project. q. Restoration landscaping along Walnut Canyon Road shall emphasize reestablishment of existing native and non - native habitat. The landscaping program for areas visible from Walnut Canyon Road shall emphasize restoration of the existing vegetation and the use of tiered, tree lined streets to minimize the effects of the urban design planned along this perimeter. r. A. Riparian Canopy Requirement: Prior to approval of the final map, the applicant shall prepare a riparian study for the purpose of providing an enhanced riparian canopy along the Walnut Canyon drainage consistent with requirements of the Department of Fish and Game and Army Corps of Engineers. The restoration shall be performed in accord with current best available restoration procedures. The applicant (or a designee) shall be responsible for maintaining the restoration areas for a period of three years or until the native grasses, riparian corridor, and perimeter plantings are successfully established. 35. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance for a grading permit, a paleontological mitigation plan outlining procedures for paleontological data recovery shall be prepared and submitted to the Director of Community Development for review and approval. The development and implementation of this program shall include consultations with the applicant's engineering geologist. The monitoring and data recovery should include periodic inspections of excavations to recover exposed fossil materials. The cost of this data recovery shall be limited to the discovery of a Page 19 of 75 S:ICommunity DevelopmentlEvegone131201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 5131/20015:23:52 PM Vesting Tentative Tract No. 51$7 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes reasonable sample of available material. The interpretation of reasonableness shall rest with the Director of Community Development. 36. Habitat Enhancement Plan: Prior to issuance of grading permit, the applicant shall complete and submit to the City for approval by the Director of Community Development, a Habitat Enhancement Plan (HEP). The Plan shall apply to all existing or created on -site oak woodlands, riparian areas, detention basins, and fuel modification zones. The purpose of this plan shall be to increase the biological carrying capacity of these areas. 37. Field Survey: No earlier than 45 days and no sooner than 20 days prior to construction or grading /site preparation activities that would occur during the nesting /breeding season of native bird species potentially nesting on the site (typically February through August), the applicant shall have a field survey conducted by a qualified biologist to determine if active nests of bird species protected by the Migratory Bird Treaty Act and /or the California Fish and Game Code are present in the construction zone or within 100 feet (200 feet for raptors) of the construction zone. A report of this field survey shall be submitted to the Director of Community Development. If active nests are found, a minimum 50 -foot (this distance may be greater depending on the bird species and construction activity, as determined by the biologist) fence barrier (subject to the review and approval of the Director of Community Development) shall be erected around the nest site and clearing and construction within the fenced area shall be postponed or halted, at the discretion of the biological monitor, until the nest is vacated and juveniles have fledged, as determined by the biologist, and there is no evidence of a second attempt at nesting. The biologist shall serve as a construction monitor during those periods when construction activities will occur Page 20 of 75 SACommunity DevetopmennEveryoneW201 WestpointlWest Pointe - CONDITONS -l.doc Revised on 5131!10015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes near active nest areas to ensure that no inadvertent impacts on these nests will occur. 38. Fencing: Prior to issuance of a Building Permit for homes adjacent to Open Space, fencing of sufficient height and design shall be constructed between the edge of the fuel modification zone and the natural areas to prevent humans and domestic animals from entering open space habitat areas. The fencing could consist of a thick native brush line consisting of such native shrubs as laurel sumac, California coffeeberry, toyon, and coast prickly pear. Final fence design and height is subject to the review and approval of the Director of Community Development and consistent with criteria establish by the California Department of Fish and Game. Fencing will not be placed within the jurisdictional areas of the site. 39. Habitat Restoration Plan: Prior to issuance of a Zoning Clearance for a grading permit, a proposed habitat restoration plan shall be developed to ensure compensation for the loss of native habitats that will occur as a result of project development. The habitat restoration plan shall emphasize the selective use of purple needle grass (Stipa pulchra) and other native grasses in the landscape plan for the property and include (subject to approval of the Fire Department), the use of native plants common to Venturian Coastal Sage Scrub (e.g., Salvia apiana, Salvia leucophylla, Artemisia California, Rhus integrifolia, Eriogonum fasciculatum, Encelia California) in upland areas surrounding the project that are disturbed as a result of project development (geologic remediation, construction of fire access roads, etc.). 40. Preservation of oak tree: Prior to grading, the single native oak tree which will be impacted by the project shall be preserved on the site and shall be protected from any adjacent grading or construction operations. The measures that shall be taken to protect this oak Page 21 of 75 SXommundy DevelopmentlEveryone131201 WestpointlWest Pointe - CONDITONS -f.doc Revised on 5131120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes tree, and the other remaining protected trees on the site, are provided in the Biological Resources Mitigation Plan outlined in the Project Description of the EIR (Chapter 4) . Verification of completion of this requirement is subject to the review and approval of the Director of Community Development. 41. Conservation Easement: Prior to approval of the final map and issuance of a zoning clearance for grading permit, the proposed voluntary Conservation Easement /Conservation Dedication shall be secured by, at a minimum: (1) an irrevocable conservation easement and (2) by a deed restriction. A separate parcel shall be created for transfer of the dedicated open space to conservation status. Although the parcel shall be deed restricted to prevent any future development, a reserved right for the development of a minimal trail system shall be reserved. The subject parcel shall be designated as permanent open space on the City's General Plan Land Use Map. No excavation, drilling, extraction, pumping (excluding such pumping as may be needed for de- watering as part of approved grading operations), mining, or similar activity shall be allowed in any portion of the Property zoned Open Space. The limitations and exclusions described in this condition shall be included in the conservation easement. The conservation easement shall be shown on and irrevocably offered for dedication on the first Final Map for the subdivision and shall be in a form acceptable to the City and consistent with Civil Code Section 815 et seq. 42. Design /Development Standards: All design criteria, development standards, landscape concepts and criteria and all building materials, colors and streetscape concepts and other information presented to define the standards for construction and appearance contained in the document titled 'West Pointe Homes at North Ranch" Design Guidelines incorporated herein by reference as Exhibit "A" and on file with the Community Development Page 22 of 75 SICommunity DevelopmenttEvetyone01201 WestpointlWest Pointe - CONDITONS -l.doc Revised on &31120015:23:52 PM l,000 1 Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes Department, shall apply to residential structures and accessory buildings submitted for Zoning Clearance and Building Permit issuance in Vesting Tentative Tract Map No. 5187 in the City of Moorpark. 43. The applicant shall submit manufacture's specifications for play equipment in the recreation areas with a list of its features, which include but are not limited to: slides, climbing opportunities, deck areas, and ladder, suspension bridge and ships wheel. The area required for this proposed equipment including necessary safety clear areas around its perimeter is 27 "x28" or a 756 square foot area. An example of this type of equipment may be viewed at the City of Moorpark - children play equipment at the entrance to City Hall across from the library. The play equipment shall be of a quality equal to or better than that of "Kids Choice Model #714- 094 ". 44. The following changes to the West Pointe Homes North Ranch Design Guidelines shall be incorporated by the applicant and new copies of the guidelines submitted to the Director of Community Development prior to City Council action on the project: a. Adjoining residential units may not have the same floor plan or elevation. b. Compatibility of Changes to Plans: No expansion, alteration or change in architectural elements that is visible from any abutting street shall be allowed, unless in the judgement of the Director of Community Development it is compatible with all dwellings having frontage on the same street and located within 200 feet of the side property line of the structure proposed for expansion or alteration. C. All air conditioning or air exchange equipment must be placed at ground level and may not be placed in a side yard area within 15 feet of an opening window at ground floor level of the Page 23 of 75 S:ICommun#y DevelopmenAEverWne01201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 5131120015:23:52 PM 0 0()C S Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes adjacent structure and shall not reduce the required sideyards to less than 5 feet of level ground. d. Modifications to Permit: 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. e. Side yard setbacks as measured from the property line of each lot shall be a two story dwelling which incorporates windows at the second story level shall include the following design criteria for each type of window opening: i) The minimum height to the bottom sill of a second story window with clear glass, and a fixed sash shall be five and one -half (5.5) feet above the finish floor level of the second story and must be off -set by a minimum of three (3) feet from a window with the similar glazing characteristics on abutting structures. f. Windows with a bottom sill height less than five and one -half (5.5) feet above the finish floor level of the second floor shall have a fixed sash and obscure glass which may include stained glass or glass blocks. i) Windows with a bottom sill height less than five and one -half (5.5) feet above the finish floor of the second story, that open or have clear glass shall maintain a ten (10) foot set back from the property line to the face of the window or shall be off -set a Page 24 of 75 S:ICommunity DevelopmentlEveryone131201 WestpointlWest Pointe - CONDITONS -l.doc Revised on 5131120015:23:52 PM C,0(1yc Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes minimum distance of three (3) feet when a measurement is taken at the nearest side jambs of windows with similar glazing characteristics on abutting structures. ii) Windows with a top jamb or head height of fourteen (14) feet or less above the level of the first floor shall be considered a first story window. g. A minimum of six architectural styles shall be included in each of the individual tracts with no more than 2096 of the dwellings in each tract represented by one of the architectural styles and no sub -style comprising more than 400 of the maximum number of dwellings allowed for the primary architectural style. h. A minimum of three sub - styles shall be included in the architectural styles. i. Side by side dwellings with the same architectural style shall incorporate at least two of the following criteria: i) Single story ii) Alternative roof lines iii) Increase second story setback by 10 feet from first story setback. iv) Incorporate a porch or balcony V) Incorporate a courtyard behind the front setback a minimum of 8 feet in depth and 10 feet wide. vi) Reverse plan vii) Dormer treatments j. The roof design for all structures as viewed from any street, (including State Route 23) or from the public park shall be varied unit by unit which may be accomplished through the use of at Page 25 of 75 S:ICommunity Deve /opmentlEveryone131201 WestpointlWest Pointe - CONDITONS -i.doc Revised on 5131120015:23:52 PAR C" 0 Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes least one of the following: alternative roof designs; materials and colors a combination roof design such as hip and gable; through the use of dormer details or by off - setting the roof plane or walls of the building either horizontally or vertically by a minimum of four feet. k. Not more than 200 of the units on any block face shall have the same architectural plan and elevation. 1. Accessory buildings over 120 square feet in area or which require a building permit may be located only in rear yard areas and must be of an architectural style and color and constructed of materials consistent with the main structure. M. Garden walls and fencing to a maximum height of 36 inches may be placed in front yard setback areas provided that they are architecturally consistent with the main building as approved by the Director of Community Development. n. All property line walls or fences shall be constructed of masonry, stone or concrete products and be in earth tone colors, except for fence lines included in Exhibit "A" West Pointe Homes at North Ranch Design Guidelines the interior view lots as may be determined and approved by the Director of Community Development. o. All walls at the side yard return (side property line to main building) or on a corner lot that are visible from any street shall be constructed of masonry, stone or concrete products and shall be architecturally consistent with the main building to the satisfaction of the Director of Community Development. p. All units abutting the gated entrances to Tract 5187 shall be single story in height, except that Page 26 of 75 S:ICommunity DevelopmenflEveryoneQ1201 WestpoinMest Pointe - CONDITONS- 1. doc Revised on 5(31/20015:23.52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes any portion of the structure that is located more than forty (40) feet from the curb line of the gated street may be two stories or 28 feet in height. q. Garages shall maintain a clear unobstructed dimension of 20 feet in length and 10 feet in width for each parking stall provided with a minimum of two garage - parking stalls required for each dwelling unit. r. All neighborhood entries shall be of a gated design, the design of which is subject to review and approval of the Director of Community Development and the City Engineer. The design of the gated entries shall be compatible with the scale, colors, visual character and design of the approved Residential Planned Development Permits so as to enhance the physical and visual quality of the neighborhood or tract. S. Rain gutters and downspout shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to the street or drives in non- corrosive devices as determined by the City Engineer. t. That all residential units shall be constructed employing energy saving devices. These devices are to include, but are not limited to the following: i) Ultra low flush toilets (to not exceed 1.6 gallons); ii) Low water use shower controllers as required by Title 24 of the Uniform Building Code shall be placed on all shower facilities; iii) Natural gas fueled stoves; ovens and ranges shall not have continuous burning pilot lights; Page 27 of 75 S:ICommunity DevelopmenAEveryone01201 WestpointlWest Pointe - CONDITONS -l.doc Revised on 5131120015:23:52 PM %" 9 00 Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes iv) All thermostats connected to the main space - heating source shall have night set back features; v) To ensure closure when not in use kitchen ventilation systems shall have automatic dampers; and 45. Hot water solar panel stub -outs shall be provided. A minimum one thousand square foot (1000) Club House 501x30', Swimming Pool a minimum of two regulation sized, and Tennis Courts and the central Open Space area must be in and capable of Homeowner use prior to or concurrently with the final inspection of the first residential structure. 46. The architectural styles depicted in the booklet including: elements sub - style, form Roof, Materials & Element titled West Pointe Homes at North Ranch Design Guidelines, Exhibit "A ", shall form the basis of the evaluation of architectural treatment to be incorporated on each residential structure for permit issuance. At a minimum, the pen and ink drawings that have depicted the respective architectural style and sub -style shall be incorporated in the project as presented in the architectural manual. 47. Gated private street entrances shall provide a 75; right -of -way with two entry lanes into the project and a turn - around area for vehicles denied entry. The entry area and gates shall be designed to reflect a common community architectural theme, which is carried through to the public entrance and the recreation building. 48. The entry area on "A" Street and Walnut Canyon road shall include a bus turn - around area with a bus shelter. 49. The interior of the project shall include ornamental streetlights and street signs on the private streets only. The design of the lights and signs shall enhance Page 28 of 75 SACommunity DevelopmentlEveryoneQ 1201 Westpointl West Pointe - CONDITONS -1.doc Revised on 5131120015:23.52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes the community theme. The design and placement of the lights and signs shall be reviewed and approved by the Director of Community Development prior to occupancy. 50. Maintenance of Permit Area: 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. 51. Phasing: Construction 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. 52. Submittal of Construction Drawings: Prior to the issuance of a Zoning Clearance, all 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. C. CITY ENGINEER CONDITIONS: 1. Prior to approval of the first Final Map, the proposed infrastructure plan for the project shall be designed to place all required water and sewer conveyance facilities in Walnut Canyon The applicant shall obtain all necessary right -of -way and easements to connect the required infrastructure in this alignment. 2. 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. Page 29 of 75 S:ICommundy DevetopmentlEveryone131201 Westpointffest Pointe - CONDITONS -1.doc Revised on 5131120015:23:52 PM � j �1 Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County Water Resources Development Department. 3. The applicant shall comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations implemented by the County of Ventura Public Works Department Waterworks District No. 1. 4. All existing and proposed utilities shall be under grounded as approved by the City Engineer. S. 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. 6. Archaeological or Historical Finds: 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. 7. All residential areas to be commonly maintained by a Homeowners' Association, as determined by the City, shall be designated as separate lettered lots on each phase of the subdivision map. Page 30 of 75 & Community Devefopment EveryoneQ1201 WestpoinMest Pointe - CONDITONS- 1. doc Revised on 5131120015:23:52 PM �" C, Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes 8. Developer shall submit current title reports to assure that all blanket easements are vacated over all the lots and streets. 9. The Developer shall offer right of way dedication to the City for North Hills Parkway that extends to the back lot lines of lots paralleling and extending to the easterly and southerly project boundaries. The offer of dedication will be rejected on the Final Map but will remain valid to perpetuity. 10. Utilities, facilities and services for the project will be constructed in conjunction with its phased development, if any, as the project proceeds or as directed in the Development Agreement. 11. The Developer will be responsible for the construction of all onsite and offsite sanitary sewer faculties and connections required to serve the project. The Developer shall enter into an agreement with Ventura County Water Works District No.l ( VCWWD) to construct the improvements and the system will be dedicated to VCWWD No. 1 for maintenance. 12. Prior to Final Map recordation of any phase, the City, Calleguas Municipal Water District and Water District No. 1 shall approve final plans for water distribution. The Developer shall either construct the required distribution facilities or enter into an agreement with the Calleguas Municipal Water District and /or County Waterworks District No. 1 stating when and how facilities will be funded and constructed. The system will be designed and constructed to meet the requirements of the proposed land uses and applicable City, Calleguas and VCWWD No.1 standards. 13. Provisions for electrical, natural gas, telephone and solid waste collection services and cable television shall be made to the development. Spare ducting for future communication facilities shall be provided across each street at each street intersection. The ducts will be extended to pull box /vault structures Page 31 of 75 S:ICommundy DevelopmentEvefyoneU1201 WestpointlWest Pointe - CONDITONS -l.doc Revised on 5131120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes complete with pull rope in place. The pull box /vault size and spacing shall be to the satisfaction of the City Engineer. "A" Street intersections shall be provided with eight (8) 4" ducts and all other street intersections shall be provided with (4) .four 4" ducts. 14. Prior to issuance of a grading permit, the applicant shall submit to the City Engineer for review and approval a Management Plan to address water quality impacts of the project. The management regime recommended in this Plan shall be the governing document for the long -term maintenance of water quality features included in the project (e.g., first flush basins and other facilities). The City shall periodically monitor adherence to the plans and management guidelines contained in the Plan. The Plan shall require periodic analysis of the nutrients in the reclaimed water and the nutrient and moisture requirements of the grass and other landscaping within any turf areas in excess of two acres. 15. If any of the improvements which the applicant is required to construct or install are to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 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 (hereinafter City) in writing that the applicant wishes the City to acquire an interest in the land, which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Supply the City with (I) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Page 32 of 75 SI CommunityDeve lopmentlEveryoneU1201 WestpointlWest Pointe - CONDITONS -1.doc Revised on W112001 5:23:52 PM e 07 4 Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 16. 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. 17. Prior to issuance of the first Certificate of Occupancy, construction of Walnut Canyon Road, and "A" Street improvements shall be completed to the satisfaction of the City Engineer. 18. Prior to acceptance of public improvements and bond reduction and /or exoneration, the following requirements shall be satisfied: a. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. b. 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. C. 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 Page 33 of 75 S.{Commun4 DevetopmentEveryone431201 WestpoinflWest Pointe - CONDITONS -1. doc Revised on 5/31/20015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes may have been submitted for checking and construction on sheets larger than 22" X 3611, they must be resubmitted as "record drawings" in a series of 22" X 36" Mylar's (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. 19. Geotechnical Engineering Requirements: a. Prior to submittal of grading plans the Developer shall have a geotechnical report prepared to the satisfaction of the City Engineer and at the minimum the geotechnical report shall address the following: b. The applicant or subsequent developers shall contract with an engineering geologist and geotechnical engineer to quantify the engineering properties of the on -site soil materials, to assess the potential for weak soils or bedding layers which may affect cut and /or natural slopes, and to verify that grading planned within landslide areas will be remediated to result in an increase in landslide stability consistent with factors of safety approved by the City`s consulting Geotechnical Engineers. This geotechnical study shall, as deemed necessary by the City Engineer and consulting City Geologist and Geotechnical Engineer, further assess slopes within or adjacent to proposed residential development areas (depending on the final configuration of proposed individual residential parcels). Further assessment must also address stability and mitigation measures for slopes within residential areas, basins, and the water tank site and access road, as well as potential off -site impacts along access corridors. The findings and recommendations of the geotechnical assessment shall be incorporated into the final Page 34 of 75 S:ICommunity DevelopmenflEveryoneQ1201 WestpoiatlWest Pointe - CONDITONS -l.doc Revised on 5/31/20015:2152 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes design for both the residential and nonresidential components of the project. C. The applicant will determine with subsequent geotechnical studies, the location of any landslide. Landslides shall be removed and recompacted during grading to the satisfaction of the City Engineer and the City's consulting geotechnical engineers. Alternatively, landslides or unstable slopes can potentially be stabilized by constructing buttress or stabilization fill slopes to reduce their potential for future downslope movement. All cut and fill slopes, foundations and structures, shall be designed and constructed to comply with Chapter 70 of the Uniform Building Code (UBC) and applicable City and /or Country Grading Ordinances. Modifications to these standards shall be permitted only with the written concurrence of the City Engineer and the City's consulting geologist. d. An engineering geologist shall define the final grading requirements for residential and recreational facilities. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist. Foundation designs in areas where fault traces were identified that have been deemed inactive should address enhancing the stability of homes in the event minor movement occurs as a secondary effect of ground shaking. e. The developer shall cause an engineering geologist to study all unanticipated faults exposed during grading to detect any evidence of possible recent activity. No structure shall be placed within 50 feet of any fault trace. f. All habitable structures shall be designed to accommodate structural impacts from 0.128- ground acceleration deemed applicable to this project. Page 35 of 75 S:1Community DevelopmenftEveryone131201 WestpointlWest Pointe - CONDITONS- 1. doc Revised on 5131120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes The standards shall be prepared to the satisfaction of the City Engineer. g. The developer shall contract with an engineering geologist to prepare grading recommendations, foundation design criteria, and other recommendations regarding detailed project design. As a component of required subsequent geologic studies, a soil engineer shall evaluate the condition of alluvium and unconsolidated soils. Relatively loose soils or alluvium shall be densified or removed and recompacted prior to placement of structures upon such soils. Other mitigation measures shall be incorporated into the final project design as required by the geological assessment. All geological recommendations shall be to the satisfaction of the City Engineer. h. The Director of Community Development and City Engineer shall review the project's conformance with contour grading concept design consistent with recommendations in the City's Hillside Management Ordinance and City Council Resolution No. 2000 -1874. Grading permits shall not be issued until 40 scale grading plans have been developed that incorporated contour grading techniques. The project shall be constructed in accord with the approved grading plans. i. The Developer shall submit to the City Engineer for review and approval, a 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. Also, 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. Should additional Page 36 of 75 S:ICommunity DevelopmentlEveryoneUI201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 5/31/20015:23:52 PM rI 0- L -1 Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes geotechnical studies be generated or required as a result of the geotechnical investigation, additional plan check fees will be required. j. Review of the geotechnical engineering report, by the City's Geotechnical Engineer, is required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. k. 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 soil 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 soil report(s). 20. General Grading Requirements: a. The fuel injection of all diesel engines used in construction equipment should be retarded two degrees from the manufacturer's recommendation. b. ROC, NOX and dust during construction grading will be suppressed by the following activities: i) Equipment not in use for more than ten minutes should be turned off. ii) All diesel engines used in construction equipment should use high - pressure injectors. iii) All diesel engines used in construction equipment should use reformulated diesel fuel. Page 37 of 75 S:ICommunity DevelopmentlEveryonel31201 WestpointlWest Pointe - CONDITONS -l.doc Revised on 5W3112001 5:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes iv) Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. v) All clearing and grading 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. vi) All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. vii) All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. viii) Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. ix) Large scale construction vehicles and trucks exiting the project site during the mass grading period shall be required to have tire wash -downs to minimize the dispersion of dust onto local streets. C. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project Erosion and Sediment Control Plan. A trained BMP Supervisor shall be onsite during all construction Page 38 of 75 S:ICommunity DevelopmentlEveryonel31201 WestpointlWest Pointe - CONDITONS -l.doc Revised on &31/20015:23:52 PM C,0U,C "' Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes activities. (The qualifications of the BMP supervisor shall be to the satisfaction of the City Engineer) . The following water quality assurance techniques shall be included, but not limited to the following, as deemed necessary: i) Minimize removal of existing vegetation. ii) Provide temporary soil cover, such as hydro seeding, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. iii) Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. iv) Rough grade contours to reduce flow concentrations and velocities. v) Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. vi) Phase the grading to minimize soil exposure during the October through April rainy season. vii) Install sediment traps or basins. viii) Maintain and monitor erosion /sediment controls. d. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The City Engineer shall review and approve the grading plan to verify compliance with Best Management Practices features including, but not limited to the following: i) Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. Page 39 of 75 S:ICommunity DevelopmentlEvetyone131201 WestpointlWest Pointe - CONDITONS -l.doc Revised on 5131120015:23:52 PM Is0G0F Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes ii) Check dams to reduce flow velocities. iii) Permanent desilting basins. iv) Permanent vegetation, including grass -lined swales. v) Design of drainage courses and storm drain outlets to reduce scour. e. Prior to issuance of the initial grading permit, the developer shall prepare an Erosion and Sediment Control Plan to address construction impacts and long -term operational effects on downstream environments and watersheds. Certified Erosion and Sediment Control Professional or a qualified Civil Engineer shall prepare this plan. The use of jute or other artificial cover approved by the City Engineer will be required for all graded slopes during the period of October 15 through, and inclusive of April 15. Proposed management efforts shall include (but not be limited to) provisions for the use of vegetative filtering enhanced by creek bed reconstruction, preparation of detailed erosion control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The erosion control plan shall be reviewed and approved by the Director of Community Development and City Engineer prior to issuance of grading permits for mass grading. Sediment yields in the watersheds within the project boundary shall be computed for pre - development and post - development conditions in accord with methods outlined in Erosion and Sediment Yields in the Transverse Ranges, Southern California (United States Geological Survey, 1978). These estimates of sediment yield Page 40 of 75 SACommunity DevelopmentkEvefyone131201 WestpoinflWest Pointe - CONDITONS -f.doc Revised on 5131110015:23:51 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes shall be completed prior to initiating final design of the regional flood control debris /detention basin facility situated in the Walnut Canyon Drainage along the easterly project boundary. f. The applicant shall be required, to obtain all Clean Water Act 401 and 404 permits and clearances as administered by the Army Corps of Engineers and the Regional Water Quality Control Board /State Water Resource Board. These permits shall be obtained prior to initiating any grading permits or clearing and grubbing activities not covered under the City's grading ordinance. All conditions of the permits and certifications from these agencies that are designed to minimize impacts to biological resources and all measures to mitigate for the loss of jurisdictional habitats shall be implemented. Implementation of mitigation designed to offset impacts to areas of federal jurisdiction shall be monitored by the relevant federal agencies and by the City (under the California Environmental Quality Assurance Program) for the project. g. The following mitigation measures shall be implemented during all construction activities throughout build out of the project to minimize the impacts of project - related noise in the vicinity of the proposed project site: h. 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, and Page 41 of 75 S: ICommunityDevebpmentlEveryonel31201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 50 112001 5:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes City observed holidays pursuant to Section 15.26.010 of the Municipal Code. i. Truck noise from hauling operations shall be minimized through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and shall be approved by the City Engineer. j. The Developer shall ensure that construction equipment is fitted with modern sound- reduction equipment. i) Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. ii) Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding rural residential neighborhoods. iii) Immediately surrounding property owners shall be notified in writing on a monthly basis of construction schedules involving major grading, including when clearing and grading is to begin. The project developer shall notify adjacent residents and property owners by Certified Mail- Return Receipt Requested, of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be approved by the City Engineer in advance of its mailing and the return receipts, evidencing United States Page 42 of 75 &t Communi tyDevelopmentlEveryone131201 WestpointlWest Pointe - CONDITONS -l.doc Revised on 5/31/20015:23:52 PM Vesting Tentative Tract No. 5181 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes mail delivery, shall be provided to the Engineering Department. iv) A construction effects mitigation program shall be prepared and submitted to the City after completion and occupancy of the first phase of project bailout. This program shall protect, to the degree feasible, new residents from the impacts of sustained construction on new neighborhoods. k. Build out of the project shall be consistent with the approved Tentative Map Phasing Plan adopted by the City Council. This phasing plan shall be .recorded at the time the Final Map is approved. The Phasing Plan shall be consistent with requirements to provide adequate dual access to the occupied dwelling units and to the area under construction. 1. The post - grading slope remediation areas along the northern and southern ridgelines shall reflect contour grading design to diminish the visual effects of slope modifications. M. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. n. 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 hydro seeding 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 Page 43 of 75 S: 1Community DeveloprnenhEvefyone131201 WestpoinnWest Pointe - CONDIfONS -l.doc Revised on &3120015:23:52 PM v g .i Z_J Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes available from Ventura County Waterworks District No. 1. o. This project is projected to balance cut and fill onsite. Unanticipated off -site import /export operations requiring an excess of 1,000 total truckloads or 10,000 cubic yards of material shall require City Council approval prior to the commencement of hauling or staged grading operations in accordance with City Council Resolution No. 2000 -1784. A haul route is to be submitted for review and approval by the City Engineer and Director of Community Development. Additional surety for the cleaning and /or repair of the streets shall be required as directed by the City Engineer. p. All requests for staged grading shall be submitted in writing to the City Engineer for review and approval by the City Council. q. Temporary irrigation, hydro seeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to 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. r. 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 a certified soil engineer will review plans and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. Page 44 of 75 S:ICommunity DevelopmenAEveryonet3l201 WestpointlWest Pointe - CONDITONS -l.doc Revised on 5131120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes S. 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. t. All development areas and lots shall be designed so that surface drainage is collected by the on- site storm drain system prior to connecting to the existing flood control facilities to the east of the property. U. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The Developer shall use the City's standard slough wall detail during the design and construction. The City Engineer and Director of Community Development shall approve all material for the construction of the wall. 21. During grading, the following requirements shall apply: a. Grading may occur during the rainy season from October 15th to April 15th subject to approval by the City Engineer and installation of erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. In order to comply with the October 15 date, revised erosion control plans shall be submitted to the City Engineer, no later than September 15th of each year from the start of grading or clearing operations to the time of grading bond release. b. Prior to any work being conducted within the State, County, or City right of way, the Page 45 of 75 SX ommunityDevelopmentlEveryoneU1201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 5/31!20015:23:52 PM 000,(11f' A Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes Developer shall obtain all necessary encroachment permits from the appropriate Agencies. C. 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. During grading operations, the developer shall employ a full -time superintendent for NPDES compliance. The NPDES superintendent shall have no other duties than NPDES compliance, shall be present, on the project site Monday through Friday and on all other days when the probability of rain is 40% or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to hire personnel, bind the developer in contracts, rent equipment and purchase materials to the extent needed to effectuate Best Management practices. The NPDES superintendent shall provide proof to the City Engineer of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than 8 hours directed specifically to NPDES compliance and effective use of Best Management Practices. Proof of such attendance and completion shall be provided to the City Engineer prior to employment to the NPDES superintendent d. During clearing, grading, earth moving or excavation operations regular watering shall control dust. In addition the following measures shall apply: i) 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 Page 46 of 75 SXommunity Deve1opmentlEveryone01201 WestpoinflWest Pointe - CONDITONS -1.doc Revised on 5131120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes 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 that will be available for dust control at each phase of grading. ii) Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 15 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. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. iii) Keep all grading and construction equipment on or near the site, until these activities are completed. iv) All employees involved in grading or excavation operations during dry periods shall use facemasks to reduce inhalation of dust, which may contain the fungus that causes San Joaquin Valley Fever. v) The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. vi) Wash off heavy -duty construction vehicles before they leave the site. e. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: i) Apply non - hazardous chemical stabilizers to all inactive portions of the construction Page 47 of 75 S:ICanmunity DevebpmentlEvefyone131201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 5131120015.23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes site. When appropriate, seed exposed surfaces with a fast growing, soil binding plant to reduce wind erosion and its contribution to local particulate levels. ii) 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. f. 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. g. 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. h. 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. Page 48 of 75 SACommundy DeveiopmentlEveryonel3 1201 WestpointlWest Pointe - CONDlTONS -1.doc Revised on 5131120015:23:52 PM Ii�() tvG Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes i Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified by the City Engineer. j. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every 4 feet of lift and 100 lineal feet of trench excavated. k. Observe a 15 -mile per hour speed limit for the construction area. 22. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. 23. Road and Traffic Requirements a. Developer shall participate in intersection improvements for Los Angeles Avenue /Tierra Rejada Road, Poindexter Road /Moorpark Avenue, Los Angeles Avenue /Moorpark Avenue, Los Angeles Avenue /Spring Road and Spring Road /High Street. The level of participation will be as noted in the traffic report, dated October 30, 2000, by Associated Transportation Engineers Table 14 on page 39. b. The secondary fire access road at the north of the property shall include the following: i) Prior to submittal of grading plans, the proposed interim secondary fire access road that extends onto adjacent private property shall be recorded as a revocable easement benefiting the West Pointe Homes subdivision. The terms of revocation of roadway easements shall be limited to a condition that adequate dual access to the site is provided. This would develop a southern connector public street, which shall link the West Pointe Homes project to the proposed State Route 118 arterial or Page 49 of 75 S: ICommunityDevelopmentlEvefyone01201 WestpointlWest Pointe - CONDITONS -1.doc Revised on W1/20015:23:52 PM I� �4?�s E: _ C C) L Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes other linkage to the public street system to be developed by the Moorpark Highlands Specific Plan. ii) Prior to approval of the Development Agreement, a study shall be submitted to the City Engineer to show roadway alignments and extent of slope easements needed for the area south of "A" Street at lots 223 -236; and at the confluence of Streets F & G, involving lots 185 -190; and along Streets I & K involving lots 135 -149. In addition, the study shall include SR118 alignments and grades and the affect on any proposed onsite slopes, pads, drainage facilities, roadway alignments and any other improvements. C. The applicant shall fund the full cost of required improvements to the intersection of Moorpark Road and High Street to ensure that project plus cumulative traffic does not result in a reduction of Level of Service to level of service D. Anticipated improvements to this intersection include widening approaches to provide an additional through lane, restriping, providing signal timing and coordination between Casey Road and Meerpark High Street, completing north and south bound lane approaches, and related pedestrian improvements in the vicinity of the Moorpark Avenue /High Street intersection. Moorpark Avenue to the north of the intersection shall be widened to four lanes without narrowing the existing sidewalk. These improvements shall be completed under a reimbursement agreement acceptable both to the City and to the applicant. Terms of reimbursement shall be defined in the Development Agreement for the project. d. The applicant shall fund the full cost of required improvements to the intersection of High Page 50 of 75 S:ICommunity DevelopmentlEveiyoneU1201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 5131120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes Street and Spring Street. Anticipated improvements to this intersection necessary to ensure operations are maintained at Level of Service C include restriping of lane approaches to provide an additional eastbound lane. Based on present information, no widening is required to complete this improvement. This improvement shall be completed under a reimbursement agreement acceptable both to the City and to the applicant. Terms of reimbursement shall be defined in the Development Agreement for the project. Completion of this improvement by the applicant is in excess of CEQA based pro -rata requirements and has been entered into voluntarily by the applicant. This improvement shall be completed prior to the issuance of building permits for the 1st residential dwelling unit in the project. e. To the degree permitted by Caltrans, the following traffic calming devices /techniques shall be incorporated into the street improvements within the Caltrans frontage adjacent to the West Pointe project: i) Rumble strips shall be placed on both the north and southbound approaches to the project entrance intersection. ii) Intersection warning signage shall be placed on both north and southbound approaches to this intersection. iii) The project entrance design shall be refined to include landscape transitions which parallel left turn and deceleration /acceleration lanes since an organized and patterned street tree planting program influences travel speeds. iv) Speed limits shall be clearly and sufficiently posted above and below the project entrance. Page 51 of 75 S:ICommunity DevefopmentlEveryoneQ1201 WestpoinAWest Pointe - CONDITONS -1.doc Revised on 5(31/20015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes v) Advance signal and intersection notification should be provided on the approach to the project intersection if it is signalized in the future. f. The northbound approach to Moorpark Avenue /High Street shall be widened and re- striped to provide for an exclusive left -turn lane, a through lane and a through /right -turn lane. g. The Charles Street intersection with Walnut Canyon shall be restriped to provide proper pedestrian crossings and to maintain clearance for northbound left turn movements. h. Appropriate traffic calming devices shall be installed along approaches to intersections between Casey Road and Moorpark Avenue /High Street. i. Proper signal interconnection, video controls, and improved signal coordination shall be installed between Casey Road /Walnut Canyon and Moorpark Avenue /New Los Angeles Avenue. The developer shall be required to contribute a pro - rata portion of the costs associated with implementing these improvements. j. The improvements along Walnut Canyon Road associated with the project shall include improvements along the full extent of the frontage, including the prolongation of the property at the southerly end of the site, including any standard offsite transition. Improvements include, but are not limited to, horizontal and vertical realignment of Walnut Canyon Road in accordance with City and Caltrans standards with no less than 8 -foot shoulders, no less than 12 -foot travel lanes, no less than 12 foot turning lanes, and pedestrian facilities along or parallel to Walnut Canyon Road. The extent of the Developer's contribution of this Page 52 of 75 SICommundy DevelopmentlEveWeO1201 WestpointiWest Pointe - CONDITONS -l.doc Revised on 5/31/20015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes improvement shall be negotiated in the Development Agreement for the project. k. The primary project collector street intersection with Walnut Canyon Road (State Route 23) shall be designed to the satisfaction of the City Engineer and Caltrans to ensure that acceptable turning radii, lane widths, shoulders, lane tapers, and adequate acceleration and deceleration improvements are incorporated into the project entrance improvement program. Modifications to State Route 23 shall be constructed prior to issuance of the first building permit for the residential dwelling unit. An encroachment permit shall be obtained from Caltrans prior to construction of any proposed roadway improvements. Any additional right -of -way required to implement the approved design for this entrance intersection shall be acquired by the applicant and dedicated to the State in a manner acceptable to Caltrans and the City Engineer. All required dedications shall be illustrated on the Final `estlRQ Map. Proof of encroachment or other non -City permits and bonds shall be provided to the City Engineer. 1. Entry monumentation that does not interfere with sight- distance or turning movements shall be incorporated into the project entrance planning. Landscaping shall be provided appropriate to the entry that will not interfere with sight- distance or turning movement operations. To the degree feasible, the entrance landscaping shall extend along the full frontage of the project to provide traffic calming consistent with current landscape design practice. The final design for the project entrance shall be reviewed and approved by the City Community Development Department Director and the City Engineer prior to the issuance of building permits. The turning and acceleration Page 53 of 75 S.-Community DevelopmentlEveiyone131201 WestpointlWest Pointe - CONDITONS -l.doc Revised on 5/31120015:23:52 PM 0 CI .. • 5 Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes lanes provided along Route 23 at the project entrance shall be no less than 12 feet wide. M. The public street ( "A" Street) shall be constructed in its entirety as part of the first phase of this project to achieve a connection between Walnut Canyon Road and the planned east /west arterial connecting Spring Road to Los Angeles Avenue, west of Gabbert Road. Complete improvement plans shall be prepared including improvements required off -site to complete this required connection. In the event that the east /west arterial road is not developed prior to or concurrently with this project thus providing circulation to Los Angeles Avenue or Spring Road, an alternative may be approved through a Development Agreement. The intent of any alternative to an actual roadway connection should be to reduce the time for construction of the east /west arterial to improve circulation and public safety access to this project. n. The project developer shall be responsible for upgrading the Walnut Canyon Road /Casey Road intersection to include a dedicated turn lane for southbound vehicles on Walnut Canyon Road to turn onto westbound Casey Road. Traffic signal changes as needed, to facilitate this turn lane, may also be required. o. 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 shall not be accepted by the City for maintenance until completion, unless otherwise determined by the City Engineer. Page 54 of 75 SACommunity DevelopmentlEveryone131201 WestpointlWest Pointe - CONDITONS -l.doc Revised on 5131120015:23:52 PAd efi00019 Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes p. All internal streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision) unless otherwise modified by conditions included in this document. q. 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. The City Engineer and the Director of Community Development shall approve all driveway locations. The Developer shall dedicate any additional right -of -way necessary to make all of the required improvements. r. Developer shall provide internal street improvement as follows: i) "A" Street (Public Street Collector) - per Ventura County Standard Plate B -4A, 60 feet right of way, 12 feet traveled lanes, 8 feet bike lanes, 10 feet parkways with 5 feet wide sidewalks. ii) Private Streets (Collector) - per Ventura County Standard Plate B -4A, 60 feet right of way, 12 feet traveled lanes, 8' feet bike lanes, 10 feet parkways with 5 feet wide sidewalks. This includes the following streets: Portion of "B" Street from "A" street to "D" Street; Portion of "E" Street from "I" street to "A" Street; "I" Street; "K" Street from "I" Street to "0" Street; and "0" Street. iii) Private Streets (Cul -de -sacs) - per Ventura County Standard Plate B -4C, 52 feet right of way, 12 feet traveled lanes, 4 feet bike lanes, 10 feet parkways with 5 feet wide sidewalks. The cul -de -sac head shall be designed per Ventura County Standard Plate Page 55 of 75 S:ICommunity DevelopmentlEveryoneO1201 WestpolnhWest Pointe - CONDITONS -l.doc Revised on 5131120015:23:52 PM �! �"i Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes C -3. Rolled curbs shall be allowed provided no design /drainage constraints prevent their use. This includes the following streets: Portion of "B" Street from "D" street to south of "C" Street; "C" and "D" Streets; Portion of "E" Street from "I" Street to westerly end; "F ", "G ", "H" "J" Streets; Portion of "K" Street from `'I" Street to southerly terminus; Portion of "K" Street from "O" Street to easterly terminus; and "L ", "M" and "N" Streets. S. Driveways shall be designed in accordance with the Latest Ventura County Road Standards. t. The Developer shall provide slope easements for road maintenance purposes 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 include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. U. Streetlights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. V. 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. 24. The Developer shall offer to dedicate to the City of Moorpark access easements over all streets to provide access for all governmental agencies providing public safety, health and welfare. Page 5G of 75 S:1Communiry DevelopmenAEveryoneUl201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 5131120015:23:52 PM u 001 Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes 25. The Developer shall dedicate vehicular access rights to the City of Moorpark along "A" Street and Walnut Canyon Road. 26. The Developer shall post sufficient surety guaranteeing completion of all site improvements within the development and offsite improvements required by the conditions as described herein (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. 27. Prior to recordation of final maps, proposed street names shall be submitted to the Fire District's Communications Center for review and approval. 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. 28. All lighting along the perimeter of natural areas, particularly street lamps, shall be downcast luminaries and shall be shielded and oriented in a manner that will prevent spillage or glare into the remaining natural and open space areas. Final lighting orientation and design shall be to the satisfaction of the City Engineer. All lighting proposed shall be consistent with Chapter 17.30 of the Municipal Code. 29. Drainage Requirements a. Prior to approval of the initial grading plan permit, the applicant shall submit to the City Engineer for review and approval, a Master Drainage and Flood Control Improvement Plan which identifies all required drainage and flood control improvements necessary to implement the proposed project. This plan shall be prepared to the satisfaction of the City Engineer, Portions of the improvements that fall within easements or right -of -way dedicated to the Ventura County Page 57 of 75 S:ICommunity Devetopment)Everyonel31201 Westpoint{West Pointe - CONDITONS -140c Revised on 5131120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes Flood Control District shall be prepared to the satisfaction of the City Engineer and the District. The plan shall identify all major improvements and typical drainage facilities for the project. The capacity, location, and size of all culverts, collection devices, energy dissipaters, and related improvements shall be designed as herein specified to the satisfaction of the City Engineer and Ventura County Flood Control District. Capacity details for the construction of the on -site private detention basins and the regional flood control basin in Walnut Canyon shall be included in the Master Improvement Plan. All necessary permits required to implement the Improvement Plan shall be obtained from the County Flood Control District prior to City issuance of a permit for mass grading. No mass - grading permit shall be issued until the Master Plan is completed and approved. The Master Plan shall identify improvements that must be completed coincident with the initiation of mass grading. All improvements shall be constructed consistent with approved plans. b. The applicant shall make a pro -rata contribution to the mitigation of cumulative regional drainage deficiencies consistent with the remediation programs proposed in the Drainage Deficiency Study and adopted by the City. If a formal fee program to implement required drainage improvements is not adopted at the time of project approval, the applicant's pro -rata contribution or reimbursement fund required regional improvements shall be included in the project Development Agreement. Payment of negotiated drainage improvement fees shall be required prior to issuance of building permits. C. The Developer shall submit to the City Engineer for review and approval, drainage plans; Page 58 of 75 SACommunityDevelopmentlEvewe !31201 WestpointlWestPointe - CONWONS -i.doc Revised on 5/31/20015:23:52 PM 0 -d- Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes 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. d. The plans shall depict all on -site and off -site drainage structures required by the City Engineer. e. The drainage plans and calculations shall indicate the following conditions before and after development: 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. f. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: i) All storm drains shall carry a 10 -year frequency storm. ii) All catch basins shall carry a 10 -year storm. iii) 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. g. All culverts shall carry a 100 -year frequency storm. h. Drainage facilities shall be provided such that surface flows are intercepted and contained in a storm drain system prior to entering collector or secondary roadways. i. Under a 10 -year frequency storm, local, residential and private streets shall have one 12' wide dry travel lane available on interior residential streets. Collector streets shall have Page 59 of 75 SACommuno DevetopmentlEveryoneU1201 WestpointlWest Pointe - CONDITONS -I.doc Revised on 5131120015:23:52 PM 0 f34_3101 Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes a minimum of one 12' wide dry travel lane in each direction. j. 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. k. Drainage grates shall not be used at any location accessible by pedestrian, bicycle or equestrian traffic. 1. An Assessment District comprised of the portion of this project developed with single - family dwellings together with Home Owner's Association (HOA) maintained areas shall be formed to maintain all NPDES facilities prior to recordation of any final map. M. 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. n. 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 system shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drains and easements outside the public right -of -way are to be maintained by the Homeowners Association unless otherwise approved by the City Council or accepted for maintenance by the Ventura County Flood Control District. o. Concrete drainage structures shall be tan in color, as approved by the Director of Community Development, and to the extent possible shall Page 60 of 75 S:ICommunity DevelopmentlEveryonel31101 WestpointlWest Pointe - CONDITONS -i.doc Revised on 5131120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes incorporate natural structure and landscape to reduce their visibility. p. 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 to the satisfaction of the City Engineer. q. A hydraulic /hydrologic study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by Ventura County Flood Control and the City of Moorpark, to support the proposed development. r. Improvements shall be constructed to detain drainage on -site when the drainage amount is between the ten -year and fifty -year storm event. A rainfall intensity zone K shall be utilized in the design unless an alternate design intensity is approved by the City Engineer. S. The applicant shall demonstrate that surface drainage from the site shall not drain over the sidewalk or driveways. t. 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. ii) Feasible access during a 50 -year frequency storm. Page 61 of 75 SXommunify DevelopmentlEveryone131201 WestpointlWest Pointe - CONDITONS -1.doc Revised on &31120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes iii) Hydrology calculations shall be as per these conditions and as per current Ventura County Flood Control Standards. iv) All habitable structures shall be elevated at least one foot above the 100 -year flood level. U. The Developer shall provide for all necessary on- site and off -site storm drain facilities to the satisfaction of the City Engineer to accommodate upstream and on -site flows. Facilities, as shown on existing drainage studies and approved by the City Engineer, shall be delineated on the final drainage plans. Either on -site 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. 30. National Pollutant Discharge Elimination System ( NPDES) Requirements are as follows: a. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall submit a Storm Water Pollution Control Plan (SWPCP) to the satisfaction of the City Engineer. b. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. C. 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 entry of pollutants from the construction site into the storm drain system. Page 62 of 75 S:ICommunity DevelopmentlEveryone131201 WestpointlWest Pointe - CONDITONS -1.doc Revised on SQ120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes d. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" e. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer 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 Developer shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan (SWPPP) f. The Developer shall obtain a permit from the State Water Resources Control Board for all storm water discharges associated with this development. The Developer shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. g. The Developer shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites ". h. Prior to recordation of the first Final Map, applicant will provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, or underground oil and grease traps or other Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Basins, traps and all other structural and non - structural NPDES facilities Page 63 of 75 & &Community DevelopmeMEveryonel31201 WestpoinftWest Pointe - CONWONS -1.doc Revised on 5131/20015:23:52 PM t � 1 ; � i1' w9 Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes shall be maintained by an Assessment District formed prior to the recordation of the first Final Map. Assessment District. Provisions shall be made by the applicant to provide for maintenance in perpetuity. i. Prior to City issuance of the initial grading permit, the applicant shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require applicant to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite will not be allowed. j. The project construction plans shall note and incorporate that the contractor shall comply with the "California Storm Water Best Management Practice Handbooks" - Best Management Practices (BMPs) applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include implementation of the following requirements by the Homeowner's Association: i) All onsite storm drain inlets shall be labeled "Don't Dump - Drains to Arroyo ". ii) No outdoor vehicle maintenance shall be allowed. iii) All common area property shall be maintained free of litter and debris. iv) All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. v) All common sidewalks, walkways, and parking areas shall be swept regularly to prevent Page 64 of 75 S:ICommunity DevelopmenilEveryone131201 WestpolntlWest Pointe - CONDITONS -1.doc Revised on 5/31!20015:23.52 PM C11 001 06 Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes the accumulation of litter and debris from entering the storm drain. No cleaning agent may be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review and approval of the Ventura County Waterworks District No. 1. vi) If required by the BMP's, grease interceptors shall be installed in all onsite and offsite storm drain inlets. In the event, such grease traps are required to be installed in any onsite inlet; the Developer shall provide the City with a maintenance program for such devices. The CC &R's shall include a requirement that the Assessment District grease interceptors are maintained in a manner consistent with requirements of the Maintenance Program. D. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS: 1. Prior to the recordation of the Final Map, the applicant shall retain a certified fire management professional to prepare a Fire Hazard Reduction Program; this program shall be prepared in consultation with the County Fire Protection District and shall be approved by the Director of Community Development. The certified fire management professional shall be familiar with the objectives of fuel management in wildland -urban interface. A native plant specialist shall participate in the development of the fuel management program. The program shall apply to all lands within 200 feet of the proposed residences comprising the project (or as amended by the certified fire professional based on fuel Page 65 of 75 SI CommunityDevelopmentlEveryone131201 WestpointlWestPointe - CONDITONS -f.doc Revised on 5131120015:23:52 PM C-4 0 4) JL V 12 Vesting Tentative Tract No. 5181 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes modification factors acceptable to the County Fire Protection District). 2. The vegetation management requirements of the Fire Hazard Reduction Program shall be clearly defined. The proposed West Pointe Homes Homeowners' Association (HOA) shall be responsible for implementing this program in perpetuity. Fuel modification zones are proposed to be retained in as natural a state as safety and fire regulations will permit. The zones will 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 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 Final Map. Appropriate language shall be included on the Final Map indicating the boundary of all areas of fuel modification hazard zones. 3. All structures adjacent to open space around the perimeter of the project shall be designed to satisfy at least a one -hour fire - resistant rating. Such structures shall incorporate fire retardant features including boxed -in eaves, reduced overhangs, double paned windows, convection resistant roof design, non- combustible roofing material, and related design features. Building permits shall not be issued until review of fire retarding architectural features has been completed by the County Fire Protection District. Design standards meeting Fire Department criteria shall be included in the Fire Hazard Reduction Program and incorporated into the RPD Design Guidelines for the residential units. 4. If required by the Fire Protection District, Interior fire sprinkler systems and /or roof sprinkler systems Page 66 of 75 & Community DevefopmentlEveryonel31101 WestpointlWest Pointe - CONUTONS -1.doc Revised on 5/31/20015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes shall be included in the homes constructed on Lots 156 to 207 (or any lot adjacent to the unmodified open space west of the project if these lots are renumbered prior to recordation of the Final Map). S. The applicant shall be required to comply with all County Fire Protection District design requirements regarding hydrant locations, fire ratings for building materials, fuel modification requirements, fee payments for pro -rata cumulative impacts and other standard fire safety requirements prior to issuance of building permits. 6. Applicant shall obtain VCFD Form No. 126 "Requirements for Construction" prior to obtaining a building permit for any new structures or additions to existing structures. 7. During all grading and site clearance activities, earth - moving equipment shall be equipped with spark arrestors and at least two fire extinguishers. All equipment used in the vegetation clearance phase shall be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Protection Division. 8. All equipment and material staging activities shall be coordinated with the County Fire Prevention Division. Fire prone construction activities shall be prohibited during "Santa Ana" wind conditions. 9. If deemed necessary by the District, the project shall include a designated landing area on a selected cul- de -sac for a helicopter together with associated fire suppression equipment storage. Any heliport facilities shall be indicated on the Final Map for the project. 10. Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the Bureau of Page 67 of 75 S:ICommunity DevelopmentlEveryoneL31201 WestpoinAWest Pointe - CONDITONS -140c Revised on 5131120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes Fire Prevention. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox System shall be installed. 11. Prior to recordation of the Final Map or any phase thereof street names, proposed names shall be submitted to the Fire Department Communication Center for review and comment. 12. Street signs consistent with County Road and Fire District Standards shall be installed prior to occupancy. 13. Prior to construction, the applicant shall submit plans to the Ventura County Fire Prevention Division for the approval of the location of fire hydrants; all hydrants shall be shown on the plan that are situated within 500 feet of the perimeter of the residential development. 14. A minimum fire flow of 1,000 gallons per minute shall be provided. The location and capacity of all water storage and conveyance facilities shall be reviewed and approved by the District prior to the recordation of the Final Map or any phase thereof and prior to the issuance of building permits. 15. Address numbers, a minimum of 4 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posed adjacent to the driveway entrance. 16. Portions of this development within a designated hazardous fire area shall meet hazardous fire area building code requirements. 17. The applicant shall be required to make a pro -rata fee contribution to the provision of fire protection Page 68 of 75 S: ICommunity DevelopmentiEveryoneU1201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 5/31/20015:23:52 PM C�. Os 1 -1 Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes services. This fee shall be established prior to certification of the Final EIR and shall be used to fund the construction, operation, or maintenance of fire suppression facilities in the project vicinity. 18. Approved turn around areas for fire apparatus shall be provided where any access road is 150 feet or more from the main project collector. a. Each hydrant shall be a 6 inch wet barrel design, and shall have one (1) 4 inch and one (1) 2 -1/2 inch outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 500 feet on center, and so located that no structure will be farther than 250 feet from any one hydrant. d. Fire hydrants shall be 24 inch on center, recessed in from the curb face. 19. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. These standards specify: (FD - Map and RPD) 20. All grass or brush exposing any structures to fire hazards shall be cleared for a distance of 100 feet prior to framing. E. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS: 1. Provide Ventura County Waterworks District the following: a. Water and sewer improvement plans in the format required. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. Page 69 of 75 S: ICommunityDevelopmenAEveryone131201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 5/31/20015:23:52 PM C()C 111`. Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes C. Copy of approval of fire hydrant locations by County of Ventura Fire Protection District. d. Copy of Release from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. Fees: Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. g. Signed Contract to install all improvements and a Surety Bond. F. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS: 1. No direct storm drain connections to Ventura County Flood Control District facilities will be allowed without appropriate Best Management Practices (BMPIs) for compliance with Ventura Countywide Stormwater Program. 2. Cross Connection Control Devices: At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. G. POLICE DEPARTMENT CONDITIONS: 1. Prior to issuance of building permits for either the residential or recreational components of the project, the Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. To the degree feasible, public safety planning recommendations shall be incorporated into the project plans. The applicant shall prepare of list of project features and design components that demonstrate responsiveness to defensible space design concepts. Review and approval by the Police Department of all defensible space Page 70 of 75 S:ICommunity DevelopmentlEveryoneO1201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 5131120015:23:52 PM 01°1 112 Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes design features incorporated into the project shall occur prior to initiation of the building plan check process. 2. Enforcement of Vehicle Codes: Prior to Issuance of a Zoning Clearance for Construction, the Developer shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107.7. H. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS: 1. Prior to issuance of building permits for the residential components of the project, all legally mandated school impact fees applicable at the time of Final Map Recordation shall be paid to the Moorpark Unified School District. I. FEES TO BE PAID: 1. Park and Recreational Facilities Fee: 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). 2. Citywide Traffic Mitigation Fee: As a condition of the issuance of a building permit for each residential use within the boundaries of the Tract Map, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. On the effective date of recordation of the Final Map, the amount of the Citywide Traffic Fee shall be the per residential unit fee as specified in the Development Agreement with annual increases as may be specified. 3. Development Fee: As a condition of the issuance of a building permit for each residential use within the boundaries of the Vesting Tentative Tract Map, Page 71 of 75 S: ICommundyDevelopmentlEveryone131201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 5/31/20015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes Developer shall pay City a development fee as described herein (the "Development Fee "). The Development Fee may be expended by City in its sole and unfettered discretion. On the effective date of recordation of the Final Map or the first phase thereof, the amount of the Development Fee shall be the amount as specified per residential unit in the Development Agreement with any specified annual increases. 4. Community Services Fee: As a condition of issuance of a building permit for each residential within the boundaries of the Tract Map to implement the approved Residential Planned Development (RPD) shall pay the City a community services fee as described herein (Community Services Fee) . The Community Services Fee may be expended by City in its sole and unfettered discretion. The amount of the Community Services Fee shall be the per residential unit amount as specified in the Development Agreement with applicable annual increases. 5. Venturian Coastal Sage Scrub Community Research Contribution: Prior to approval of the final map, the applicant shall pay to the City a contribution as specified in the Development Agreement and participate in the Venturian Coastal Sage Scrub Community Research Program initiated as a Mitigation Measure for the Moorpark Country Club Estates Project. 6. Fish and Game Fee Requirement - Within two (2) days after the City Council adoption of a resolution approving this project, the applicant shall submit to the City of Moorpark a check for a 'single fee of $875.00 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; and Fish and Game Code Section Page 72 of 75 SA CommunitytkvefopmentlEveryoneO1201 WestpointlWest Pointe - CONDITONS -1.doc Revised on 5/31/2001 5:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes 711.4; the project is not operative, vested or final until the filing fees are paid. 7. Miscellaneous Fees: Applicant shall pay to the City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees shall include but not be limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Further, unless specifically exempted by City Council applicant is subject to all fees imposed by City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 8. Contribution for Endangered Wildlife Species Breeding: Prior to issuance of Zoning Clearance for the first residential unit, the applicant shall contribute up to $30,000 for funding endangered wildlife species breeding, predator trapping, or other support programs in the Open Space Easement area as required by the US Fish and Wildlife Service. This contribution shall be coordinated with the U.S. Fish and Wildlife Service and be made to an appropriate private conservation institution upon approval of the Fish and Wildlife Service. Evidence of contribution approved by the Service shall be presented to the City prior to the issuance of building permits. 9. Species Research Contribution: Prior to the issuance of a Zoning Clearance for Construction, the applicant contribute $15,000 towards the City's sensitive species research program (established as a component of the mitigation plan for the Moorpark Country Club Estates project). 10. Traffic System Management Plan: Prior to the issuance of a Zoning Clearance for construction, the permittee Page 73 of 75 SA CommunityDevefopmentlEveryone131201 WestpoinhWest Pointe - CONDITONS -i.doc Revised on 5131120015:23:52 PM '0()II'S Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes shall make a contribution to the Moorpark Traffic Systems Management Fund (TSM) to fund TSM Programs or clean -fuel vehicles programs as determined by the City. The amount of the TSM fee shall be the per residential unit amount as specified in the Development Agreement with applicable annual increases. 11. Prior to issuance of a building permit, the Developer shall pay to the City the Area of Contribution (AOC) Fees (Los Angeles Avenue AOC - and Gabbert Road /Casey Road AOC) . The amount of the AOC fees shall be the perresidential unit amount as specified in the Development Agreement with applicable annual increases 12. The applicant shall contribute to any cumulative traffic fee program adopted by the City prior to issuance of the first residential building permit for the project. At this time, relevant fee programs exist only for the Los Angeles Avenue Area of Contribution (AOC). Fees shall be paid in accordance with AOC procedures in effect at the time of building permit issuance. In addition to the AOC fee (which only addresses improvements along the Los Angeles Avenue Corridor), the developer shall be required to make similar pro -rata contributions to any other traffic mitigation related pre- construction impact fees approved by the City Council to offset the long term effects on the City's street system. If the residential portion of the project is constructed prior to any such additional mitigation fee programs being adopted, for impacts to intersections outside of the Los Angeles Avenue Area of Contribution, a proportionate share of future improvement costs shall be collected for locations where project traffic has a measurable effect on cumulative traffic volumes. The City Traffic Engineer and Community Development Department Director shall determine the required contributions prior to issuance of building permits. Page 74 of 75 S:Qmmunity DevelopmentlEveryonel31201 WestpointWest Pointe - CONDITONS -1.doc Revised on 01120015:23:52 PM Vesting Tentative Tract No. 5187 Residential Planned Development No. 99 -02 Applicant: West Pointe Homes Fees shall be paid prior to the issuance of these permits. 13. The Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. J. MISCELLANEOUS CONDITION: 1. All water impoundment(s) manner which will not sources. shall be maintained in a create mosquito- breeding K. BUILDING DEPARTMENT CONDITIONS: 1. Prior to submittal of building plans, Applicant shall provide an acoustical study report that the City of Moorpark outlines a program for implementation of the Noise Element Standard of 65 CNEL (Community Noise Equivalent Level) is attained at all locations within the development. The City also requires that interior noise levels attributable to exterior noise sources not exceed 45 CNEL. The intent of the interior noise level criterion is to provide an acceptable noise level for communication and sleep. 2. The final grading plan shall meet all standards of the Uniform Building Code (UBC) and City slope setback criteria as may be required. 3. Spark Arrestor: An approved spark arrestor shall be installed on the chimney of any structure(s). Page 75 of 75 S:lCommunity DeveiopmenAEveryoneOI201 WestpoirMest Pointe - CONDfTONS -l.doc Revised on 5131120015:23:52 PM F M IT b E 1 � C!'r fission W0ng CITY OF MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Planning Commission John Libiez, Planning Manager /Advance DATE: December 7, 2000 (PC Meeting of 12/11/2000; Continued from PC Meeting of November 27, 2000) SUBJECT: Consider Draft Environmental Impact Report for West Pointe Homes (SCH- 1994081075) (Applicant: West Pointe Homes) BACKGROUND AND DISCUSSION Hearings to consider this Draft... Environmental Impact Report (DEIR) were initiated on September 11, 2000, and continued over several meetings to this date to receive public and agency comments and to consider responses to those comments. The California Environmental Quality Act (CEQA) requires that a Final EIR contain the Draft EIR, copies of all comments and recommendations received on the Draft EIR, a list of persons providing comments, and responses to those comments from the Lead Agency (City of Moorpark). The mandatory forty -five (45) day public review period for the West Pointe Homes EIR began on August 21, 2000, and ended on,October 4, 2000. All agency and public comments received in writing or through oral testimony through October 4, constitute the comments to which formal legal responses must be addressed. However, it has been our practice that all comments received prior to the Planning Commission recommendation to the City Council be considered and responded to in order that the administrative record for the EIR may be as complete as possible. Staff has previously provided comments received on the Draft EIR as an attachment to the Commission Staff Report of October 23, 2000. The consultant orally presented preliminary responses to comments at the November 13, 2000, meeting. A draft copy of responses was provided to Com .s�sion on November 13 and final TAmi e00It i. 8 M: \JLibiez \M \West Pointe Hms\ westpointeEIRstaffreportl2 .11.00V2.doc FILE COPY West Pointe DRAFT EIR Planning Commission Public Hearing December 7, 2000 Page 2 responses to comments were presented to the Commission on November 27, 2000. The Final Draft EIR and Resolution were intended to be available for Planning Commission review at this meeting, however, these documents have not been completed. The Planning Commission should accept any additional public testimony, close the public hearing, and review the attached responses to comments that have been received. STAFF RECOMMENDATION 1. Close the Public Hearing; 2. Discuss the Responses to Comments concerning the Draft EIR; 3. Continue this item to the next Planning Commission meeting which is to be determined at the Planning Commission meeting of December 12, 2000. ATTACHMENTS: A. Impact Sciences Responses. to APCD and Regional Water Quality Control FROM : DALY 8 ASSOCIATES FAX NO. : 18188897085 IMPACT SCIENCES INC ' 01,11 (duwix'.I Strom Agoura Hill+, a aliforrlla skull 1', hJv p huu►• (h I H) 87U -1 I tk) - FAX (H I H) V9 -14.10 U,flrrs in Agoura dills awl Oak1mul, Cali %mda TO: Vince Maly 33" PROM: Moral; Logan DATE-. December 4,20M SUUILCC: West Pointe Homes - Response to (7oinments Dec. 04 2000 05:27PM P4 MEMORANDUM job No. The following are responses to the comments made by the Regional Water Quality Control board in a letter dated 0ctobor 4, 3001). Point 1 - Estimates of concentrations (ppb) and loads (lby. /day) from point and non -point sources of each of the constituents for with (sic) the system is impaired (listed above); 'file West Pointe Homes project involves the construction of 250 homes, two National Pollution Discharge laiminatioil System design basins for treating storm water and one detention basin required for ritorm water retention in 3cCORIA11Ca with the 6011crt and Walnut Canyon C.•llrur►cts Flood Control Oefierrrnc l shlt(11, dated March 1997 on 100 acres of a 350 acre parcel in the City of Moorpark. 1 listoricalty, the site has bLxin used for cow and horse grazing. No coma- nercial or industrial uses are proposed at the site; therefore, no point source water will be l;eneraled on the site, it is important to note that 250 acres of the site will be set aside in an open space easement, Therefore, there will bo no impacts to btorrn water, surface water, groundwater and percolation on 250 of the 350 acres of file project Site- Project construction includes the preparation and implemenlation of a Storm Water Pollution Prevention Plan (5W1'f'P). This includes, but is i►ut litllitGd to, malntellicnce of construction equipment, use of sandbags to limit waiter flowing off site, use of durst control methods, and continual housekeeping to remove all material that could be swept away Buring a major storm event. Impacts front project construction art expected to be minimal title to the implementation of the SWPI111. The (:ity of Moorpark require preparation of the SWI'PP prior to any construction. Non -point source storm water Reiterated on the project site is expected to include the following constituents: nutrients from ferlilixer application to homeclwtters landscaping, pesticides from application to homeowners lantlscapinl;, and u►life ►rnl from domestic and wild animal wastes. 17,stimates of concentrations and loads are not available for these COnstituente. A Sturm water quAlity education pamphlet is being; prepared for suhmission to oach homeowner by the West Pointe homes Home: Owners Association that will address fertilizer, pesticides and animal waste Best Management Practices will be used to limit impacts to storm water, This pamphlet will include recommended application techniques, concentration levels anti irrigation recommendations to limit the amount of constituents that exit the homeowners' property. 13ducation of they homeowners will result in reduced impacts to storm water title to nun -paint sources. Salts, 11101,als, SLIV CIS, 101111 dissolved solids, pnlychlarinaletl biphenyls and historic pesticides ��ra not expected to ho preserll. tialtrl that are present in the soil are expected to leach at the same or less levels than currently occur on site. Metals, such as lead front brake pads, are expected to be non - detect after construction of 1ho project. 'I•otsll dissolved solids are not expected to change due to project construction. Sulfates and polychlorinated biphenyls are associated with commercial or industrial uses, which will nett be part of the proposed project. Poslicides were not used historically on Inn site. No impacts are expected from C 0G, 1119..+0 1�opfc llne,U% 14- FROM : DALY & ASSOCIATES FAX NO. : 18188897085 Dec. 04 2000 05:28PM P5 IMPACT SCIENCES INC MEMORANDUM West Pelintl! I lonies - Response to Comments 11ag;1e 2 these constituents. Hstinuites of the concentrations and loads are not available at this time. 'I'hoso nluasure1110lits will be taken prior, during and aflor projrrl construction to develop baseline levels of troth of these constituents. Point 2 - Nstinlates of the amount crf runoff generated by the project during wet and dry weather; As previously stalod in point 1, irrigation re'rommendations will be included in the storm water quality education paniplllet for (ho I Ionieowrier;s Association, These recommendations are expected to limit off -site water flows during; dry weather. Runoff generated by tho project during; wet weather will be contained in the two NI'DVS basins, which have% tx( en designed to culitain the storm water from a 100 -year level storm for 24 hours after the storm. II is vxpected that there will lx- no net incroase of runoff clue h1 project construction. Runofl generated front the prol(X't Will axe nlril.yured during; both wet and dry weather during the fir ;styearof occupancy la devrlclp a runoff baseline. Point 3 - Surface water management for the stormwater, wash water and other wastewater generated during the project; As previously stilted it storm wiitvi. duality education paniphlvt for the I tone Dwners Association will be prepare(.i to addrrNs possible imp,lcas due to homes construction and rosidential uses. Point 4 - Estimates of the amount of increased or decreased percolation due to the project; Approxinialoly 37 acres of the lot} developed acres within the 350 acres of the project sits? will be covered Willi illIP 'r11VA1110 5111'flWO', SnCh a% asphall ro,lds, concrete sidewalks, driveways and foundations for the homes, totaling; approximately 37 percent impermeable surface.. 'I he remaining; areas will be landsraping, streambods, open space, parks, drlenlion and NP DtiS basins. As }previously stated, the NPl)1 -5 1JASillti will retain a 100 -ye,u• level storm event for 24 hours. it is expeclod that this will allow percolation to the maximum extent possible eel Iht, storm water generatt.-d by the project. West Pointo I lames Is not located in an area that is recognized for groundwater recharge. Walnut C:any0s'1 Creek and the Cully tiys:loili are tributaries to the Arroyo Simi. Groundwater recharge within the Arroyo Simi is designAtod 41ti 4111 Inic-rntihent beneficial Ilse. I)uc to construction of the Ni "DrS Basins, which retain storm water dllrfng; all storm ovent3 and the intermittent Groundwater beneficial Use designation for the Arroyo Simi, impacts to pere-01,16011 are expocttd to be (WI- ligible. Point 5- Latimates of the net change in cubic feet per second of surface water contributions under historic drought conditions Jas compiled by local water purveyors, the Department of Water Resources, and others), and 10 -year, 50 -yoar and lWyear flood conditions: (Response prepl,ln'el Icy l)avid K. Nishimura, Consulting Civil I ng;ineeer, L)ecember 4, 2000) The overall concept of Ilio slorm drainage sysle rn proposed by this project will txe to limit the. post - developnlc'lll, peak slorrnl water runoff discharg o rates to not exceed the pre- deevelopment discharge rates for 2 -year, 10 -year, J)0- year, anti 1000 year frequency stornin Where there is it po(entidl for dowrlstreant erosion. The watercourse lr4ivw*tiing; the central porticm of the development has a pre- development peak discharge rate of 309 ritbic fort !,+cowl (ils) for a 100 -yo,ir Ireiluellcy storm. 'rho post development peak 100-year discNirg;e rate for this waivrrour:sv will Ixe reduced to Approximalely 282 efs, a 9 percent net reduction from the pre- dovelop?nu-rll r,lndilion, FROM : DALY & ASSOCIATES FAX NO. : 18188897085 Dec. 04 2000 05:29PM PG IMPACT SCIENCES INC MEMORANDUM Iq West Pointy I lotnes - Response to Comment% I',iiw 1 The peak clisih,lrl;0 1-01u in Walnut Canyon (.'reek will bu limited to reduce the 100 -year frequency leak discharge rates to levels compatible with existing downstroarn improvement as determined by the Vrntira County blood Control i)istrict, The pro - development, peak 100 -year discharge. for this watercourse is 391 cfs. With tlx- dovelopnumt of this site, the peak discharge rate for this water course will be reduced to approximately ' -'.h l cis, a nut reduction of 33 percent form the pre - development condition. IN addition to the peak discharge nite tedurlion, a Ventura County Flood Control District maintainmi debris basin is proposed to be c•onstruclrcl in this watercourso to reduce the sediment. currently being transported from watersheds upstream of thiti project. It is uncicitr what is meant by 1ho historic drought conditions, therefore no response was able to Ixi prepared. In seminary, ilea oat c71141ihe of surface waler contributions will be reduced by project construction. Point 6- Effects of the project on local groundwater conditions (water elevations, and net change in recharge in cubic feet per second) under the follwing (sic) conditions; during construction, including dewatering activities 'There will br no impacis to local groundwater during construction. No dewatering activities are required to construct this project. • under historic drought conditions and It is unclear whit is mraint by the historic drought conditions, thereforv, no response was able to be prepared. • Under 10 -year, 50 -year ;end 100 -year floor! conditions As previously si;i1vd in Point 4, West Pointe, 1-1011es is nut 10CA10d in an area that is revognixed for groundwater rechart;r. W,ilnut Canyon Creek and the (suds System are tributaries to the Arroyo) Simi, Groundwater recharge williin the Arroyo Simi is designated as all Intermittent ls?neficial use. Due to construction of thr NIII?FS Basins, which retain storm water during all storm events and the Intermittent Groundwater lieneficial Hse d esignatiun for Ill('. Arrnyu Simi, impact: to groundwater are experred to be negligible. FROM : DALY 8 ASSOCIATES FAX NO. : 18188897085 Dec. 04 2000 05:29PM P7 RESPONSES TO COMMENTS RECEIVED ON THE DRAFT EIR FOR WEST POINTE HOMES Letter from Ventura County Air Pollution Control District, Molly Pearson, October 4, 2000. Page 14 of Chapter 2 Summary of Impact and Mitigation Steve, you will need to respond to this comment since it refers to the format of the EIR summary section. Page 4 of Chapter 7, Existing Air Quality In the Moorpark Region Table 7 -1 has boon revised as iollows to include more recent air quality data for the years 1997 through 1999 Table 7-1 Ambient Pollutant Concentrations Registered at the Simi Valley Monitoring Station 3.80 3.49 3.59 Number of days exceeding federal 8 -hour standard Year 0 Pollutant Standards r, 2 1997 1998 1999 OZONE (03) 0 NITROGEN DIOXIDE (N0 ?) Maximum 1 -hour concentration monitored (ppm) 0.134 0.174 0.132 Number of days exceeding federal 1 -hour standard >0.12 ppm 2 4 2 Number of days exroodinq state 14tour standard >0.09 ppm 47 37 31 Maximum 8 -hour concentration monitored (ppm) 0 0.114 0.151 0112 Number of days exceeding federal 1 -hour standard >0.08 ppm 40 29 22 CARBON MONOXIDE (CO) Maximum 8 -hour concentration monitored (ppm) 3.80 3.49 3.59 Number of days exceeding federal 8 -hour standard 39.5 ppm 0 0 0 Number of days excoeding state 8 -hour standard 4.1 ppm 0 0 0 NITROGEN DIOXIDE (N0 ?) Maximum 1 -hour concentration monitored (ppm) 0.115 0.093 0.082 Annual average rnoniluied (ppm) 0.020 0.019 0.022 Percentage of averages exceeding fedr:ral standard 0.0534 pprn 0 0 0 Number of days exceeding 1 -flour state standard 4.25 ppm 0 0 0 SUSPENDED PARTICULATE MATTER (P*n) Maximum 24 -hour concentration (Nglm3) 59.1 48.5 66.9 Number of measured samples exceeding federal standard >150 Ng/m3 0 0 0 Number of measured samples exceeding state standard >50 Ng /m3 4 0 6 Number of estimated samples exceeding federal standard >150 Ng /m3 0 0 0 Number of estimated samples exceeding state standard >50 Pg /m3 24 0 36 Source: California Air Resources B"d ' Parts by volume per mil ion of air (pprn), micrograms per cubic motor of air (pWri0), or annual arithmetic mean (aam). Fademl and stave standards are for the same hunt tWHnrul ii; the 11%,44swm cancomrapon measurement unless otherwise Indicatmi. Page 6 of Chapter 7, Table 7 -2, Existing Carbon Monoxide Concentrations Steve, you will nood to respond to this comment since it refers to the amount of Information that was circulated for public review. (D) 10 0 1231 r KUM : UJ - LY & HSSUC I ATES FAX NO. : 18188897085 Dec. 04 2000 05: 30PM P'8 Pago 6 of Chapter 7, Issue 1: Construction Effects Steve, you will need to respond to this comment since your numbers do not correlate with the ones f used In the Air Quality Impact Analysis report. Page 10 of Chapter 7, Table 74, Estimated Project Average Daily Emissions The operational emissions associated identified in the Draft EIR were calculated utili?ing a computer model developed by Impact Sciences, which is ri highly detailed version of the URBEMI37G computer model recommended for use by the Ventura County Air Pollution Control District (APCD). At the direction of City staff, the omissions have been recalculated using the URBEMIC7G computer model. i itio rASults are presented below and the calculation results sheets, including all input assumptions, are provided at the end of this Response to Comments section. These numbers are slightly higher than those presented In the Draft EIR but do not change the conclusions regarding project significance. Table 7 -4 Estimated Project Average Daily Emissions Emissions Generated (pounds per day) _ 2001 2002 2003 Project Component ROC N0. ROC NO. ROC Nth Stationary Sources 12.92 3.56 12.88 3.56 12.84 3.56 Mobile Sources 41.45 65.33 37.98 51.88 35.11 48.90 Totals: 54.3% - 58.89 50.86 55.44 47.95 52.48 Recommended Thresholds: 25.00 25.00 25.00 25.00 25.00 25,00 Exceeds Threshold by'? _ 29.37 33.89 25.86 30.44 22.95 27.46 Source: Impact Scienr.RS, Inr.. Emissions calcutatluns are provided in Appendix H. Totals may not add exactly due to rounding in the computer model. Page 13 of Chapter 7, Cumulative Local Carbon Monoxide Concentrations The text in the EIR identitying the year 2015 has been revised to 2005. Steve, please make this change in the EIR section. Page 15 of Chapter 7, Issue 2: Long -Term Emissions Resulting From Residential Occupancy Some transportallno- related features such as the pedestrian walkways and access for bicycles recommended by the APCD are proposed as part of tho project. Thoso foatures are considwed the most feasible transportation- related air quality measures for the project. 'rho APCO's guidance for the use of contributions to the Moorpark Traffic Systems management Fund are noted and are consistent with the City's use of such funds collected from other development projects. Page 15 of Chapter 7, Table 7.7, Air Quality Fee Offset Contribution Schedule • .. �. .� �v� An I �- r M^ rvu. . 1010007 r U0D D-ec. 104 e.UM M; -Va'M 1'9 Table 7 -7 has been revised as follows to reflect the correct yearn of 2001, 2002, and 2003, and the revised feee amounts based on the revised operational emissions calculation. Table 7 -7 Air Quality Fee Offset Contribution Schedule Year ROC NO, 2001 $136,908 $64,838 2002 $125,368 $60,567 2003 $115,711 $56,823 Total Costs (nigher of Die two) $377,987 $182,228 Sourm Impact Sciences, Inc. Calculations are providrxl in Appendix B. CITY OF MOORPARK INTEROFFICE MEMORANbUM TO: Moorpark Planning Commission FROM: Wayne Loftus, Director of Community DevelopmentA/ ° SUBJECT: Transmittal of Mitigation Monitoring Program for West Pointe Homes Project DATE: February 23, 2001 The Planning Commission will recall the Environmental Impact Report (EIR) for the West Pointe project was recommended for certification to the City Council by the Planning Commission on December 19, 2000, after public hearing. The public hearing scheduled for February 26, 2001,is on the project applications. The EIR is a primary source document for information on the project and the Planning Commission may wish to bring their copies of the EIR to the Monday evening hearing. The Mitigation Monitoring Program (MMP) for the West Pointe project is being prepared by the City's environmental consultant. The MMP was not available for inclusion in the agenda packet and will be distributed to the Planning Commission the evening of the meeting. The MMP will need a Planning Commission action prior to action on project applications. Please call on us if you have any questions. r C: Project File �V U"()01 ` A 4-4- 3n oma T• ,� � nanrr n.n NC/N/TY MAP G TENTATIVE TRACT MAP No. 5187 ppetu�m sr. ►11V�KD /� e'dup A'°°7•:'°` ��„„�' )BEAD 0 J` f F` A. GENERAL ADMINISTRATIVE /POLICY CONDITIONS: 1. Application of City Ordinances /Policies: The conditions of approval of this Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 2. Acceptance of Conditions: 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. 3. Expiration of Map: This Tentative Tract Map shall expire three (3) 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. 4. Hold Harmless: The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is ...: brought within the time period provided 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 Page 1 of 67 SACommunity Development EveryoneWesolutions and CondNonsOEVELOPMENT CONDMONS4West Pointe - CONDITIONS.doc Revised on 021231011:32 PM 01 0 ATTACHMENT 3 BNJIT 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. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i) The City bears its own attorney fees and costs; ii) The City defends the claim, action or proceeding in good faith. b. The 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. S. Severability: If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. Title Report: 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. 7. Computer Aided Mapping System: 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." 8. The Residential Planned Development permit is granted for the land and project as identified on the Page 2 of 67 S:1Communo DevelopmentlEvegonelResokitions and ConditionsIDEVELOPMENT CONDlTIONSIWest Pointe - CONDMONS.doc Revised on 021231011.-32 PM ^00 ?9 DRIff 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. 9. Use Inauguration: Unless the Residential Development Permit is inaugurated (building foundation slab in place and substantial work in progress) not later than three years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to 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. 10. Other Regulations: The design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable regulations of the applicable zone and all requirements and enactment's of Federal, State, County, and City authorities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 11. Image Conversion of Plans: 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. 12. Public Nuisance: 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 Page 3 of 67 &ICommunity Deve4mentlEveWnelResolutions and ConditionslDEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS.doc Revised on 02(23/011:32 PM 0 f) (s 1 ©RAFT 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 (Municipal Code Section 1.12.080). B. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS: 1. One or more Homeowners' Associations shall be established for neighborhoods comprising this Vesting Tentative Tract Map. The Homeowners' Association shall be responsible for all maintenance related to the natural open space, the trails, all private streets and any manicured landscaping areas as approved by the City. 2. All natural open space areas as shown on the Tentative Map shall be open to the general public unless otherwise designated by the approved Vesting Tentative Tract Map and shall be owned and maintained by a Homeowners' Association. The City Council may consider a privately funded option prior to recordation of this map. 3. CC &R's and Landscaping Easement Requirements: Covenants, Conditions and Restrictions (CC &R's) and by -laws establishing one or more Homeowners' Associations for the residential development shall be prepared. The CC &R's shall identify all Common Maintenance Areas including maintenance of all hiking trails, open space lots, parkway landscaping for all streets, any shared.driveways, storm drains, any fencing or walls within common maintenance areas, recreational areas, and any slope directly affecting drainage or residential street facilities. The draft - CC &R's shall be submitted to the 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 Page 4 of 67 VCommuno DevelopmentlEveryonelResokftns and ConddionslDEVELOPMENT CONOITIONSIWest Pointe - CONDITIONS.doc Revised on 02/23/01 1:32 PM e•. 0 0 I ?1 W/ A be required to pay all costs associated with such review. All applicable Tentative Map, Specific Plan and Development Agreement 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 the approved Development Agreement. Sixty (60) days notice must be given to the City of the intent to modify CC &Rs. Further, it is the sole responsibility of the Homeowners' Associations to enforce the CC &Rs. 4. The CC &R's shall contain language indicating that where feasible, the use of recycling materials shall be included in the construction of the project. 5. The CC &R's shall contain 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 City Community Development Director, to appear as a transition between the built environment and natural open space. Final approval of this Program by the County Fire Prevention District and Director of Community Development shall be required prior to the recordation - of the Final Map. Appropriate language shall be included on the Final Map indicating the boundary of all areas of fuel modification hazard zones. Page 5 of 67 S:ICommunify Deve(opme nEveryoneVesoWons and CondtionsWEVELOPMENT CONDITIONS1West Pointe - CONDITIONS.doc Revised on 021231011:32 PM DRIfT The CC &R's shall contain provisions requiring that night lighting of front and rear yards shall be rural in nature and low profile. 7. The CC &R's shall contain provisions prohibiting human, domestic animal, and motorized vehicle use in preserved natural open space areas and that tree houses shall not be constructed in remaining trees within the natural open space areas of the site. In addition, provisions shall be included requiring the Homeowners' Association to maintain interpretative signs stating the sensitivity of natural habitats and the need to minimize impacts on the natural areas.. The signs shall state that they are entering a protected natural area and that all pedestrians must remain on designated trails, all pets are restrained on a leash, and that it is illegal to harm, remove, and /or collect plants and /or animals. 8. Plants listed in Table 4 -2 of the Environmental Impact Report shall not be planted within the common landscaped areas of the proposed site plan. This list of prohibited plants shall be included within the CC &R's to notify and educate Homeowners'. In addition, the landscaping plans within common areas of the project shall be reviewed by a qualified botanist, who shall recommend appropriate provisions to prevent other invasive plant species from colonizing remaining natural areas. These provisions may include the following: (a) review and screening of proposed plant palette and planting plans to identify and avoid the use of invasive species; (b) weed removal during the initial planting of landscaped areas; and (c) the monitoring for and removal of weeds and other invasive plant species as part of ongoing landscape maintenance activities. The frequency and method of monitoring for invasive species shall be determined by a qualified botanist. 9. The CC &R's shall contain provisions prohibiting that Homeowners' to allow pets and other domestic animals from the remaining open space areas and in any re- vegetation areas on the project site unless restrained Page 6 of 67 SACommunity DevelopmenMveryoneWesolutions and ConddionsOEVELOPMENT CONDITIONS1West Pointe - CONDMONS.doc Revised on 02/23M 1:32 PM e ©UIT by leash and accompanied at all times by the owner o� responsible party. 10. 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. 11. The CC &R's shall include language restricting front and rear yard lighting restrictions to be consistent with the City's Lighting Ordinance. 12. The CC &R's shall include language that any modifications to structures shall be designed in accordance with the approved RPD Design Guidelines for RPD 99 -02. 13. 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. 14. The CC &R's shall include 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. 15. 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. 16. CC &R's shall include language that discourages excessive noise generating activities in garages consistent with adopted community noise standards. Page 7 of 67 S:ICommunity DevelopmenAEveWwIResoluhons and ConddonsIDEVELOPMENT COND,TIONSIWest Pointe - CONDITIONS.doc Revised on 02/231011:32 PM X00 13,4 4 ff,A Garages shall remain permanently available for the purpose of automobile.parking. 17. 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. 18. The CC &R's shall contain language requiring that all property areas be maintained free of litter /debris. 19. The CC &R's shall contain language requiring that all on -site storm 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. 20. The CC &R's shall contain language requiring that private roads and parking lots /drive through be maintained free of litter /debris. Sidewalks, parking lots and drive through 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. 21. The CC &R's shall contain language requiring that all exterior metal building surfaces, including roofing, be coated and sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. 22. The CC &R's shall contain 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. Page 8 of 67 S:ICommunity DevelopmentlEveryoneVesobtions and CondiiionslDEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS.doc Revised on 02/23101 1:32 PM BMIT 23. Prior to Fiial Map approval for any phase, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping and related drainage improvements for all areas adjacent to public roadways and other common open space areas as determined by the City that are required to be landscaped or maintained. Should the Associations fail to maintain the Common Maintenance Areas, or any portion thereof, in a satisfactory manner, the Common Maintenance areas or portion thereof, shall be placed in an Assessment District, at the City's sole discretion, to assume maintenance of the landscaped areas in the event the Homeowners' Association fails to maintain the landscaping in a manner consistent with the approved plans. If the City assumes the maintenance as provided herein, it may include the landscaping maintenance in the appropriate Assessment District, or any successor District at its sole discretion. The applicant shall maintain the right to protest the amount of any proposed assessment consistent with the applicable provisions of State law, but not the formation of, or annexation to a Maintenance Assessment District. The total cost of the formation of any Assessment District and the maintenance provided by the Assessment District for the areas described above, including the cost of converting irrigation systems or other work shall be borne by the property owners, as determined by the City, within the entire area of the tentative map. The applicant shall record a covenant to inform the purchaser of all of the affected lots of this potential action. The CC &R's shall also include all Conditions of Approval as well as the design guidelines as specified in the RPD Design Guidelines for RPD 99 -02. 24. Prior to Homeowners' Association, Maintenance District's, or similar entity's acceptance of responsibility for the landscaping, the subdivider shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the subdivision. Page 9 of 67 S :ICommunity DeveWmenllEvegmelResohitions and ConddionslDEVELOPMENT CONDITIONSIWestPointe - CONDITIONS.doc Revised on 02031011:32 PM a ^0 0.7 DIRQfT 25. Prior to Final Map approval, the City Council, id "its sole discretion, shall determine which areas shall be maintained by a Homeowners' Association, maintenance assessment district, or other entity consistent with the intent of this condition. 26. Trail easements: The Final Map shall indicate the location of all trail easements. The minimum widths of said easements shall be twelve (12) feet wide as shown or as otherwise approved in conjunction with the approved Vesting Tentative Map. The public trail easement adjacent to Walnut Canyon Road (Highway 23) shall be irrevocably offered for dedication to the City of Moorpark. Prior to recordation, the subdivider shall bond for construction of the proposed trails at 150% of the estimated cost of the improvements. Once the trails have been built, the developer shall maintain the trails for one (1) year and bonds shall remain in effect for a minimum of two (2) years. After that time, the Homeowners' Association, maintenance district, or similar entity shall be responsible for maintaining the trails. The trail system design shall be submitted to the Director of Community Development and shown on the Final Map prior to recordation. The design of the trails shall be consistent with the recommendations contained in the EIR. Trail links shall be provided to link surrounding subdivisions and the regional trail system shall be properly designated and prohibit the use of motorized vehicles. The maintenance entity shall be determined by the City prior to Final Map approval. The developer shall enter into an agreement with the City to assure the maintenance responsibilities are conferred to one of the entities as described within this condition. a. The proposed trail system shall be designed to retain the integrity of the proposed open space preserve. The preserve area shall be fenced (consistent with biological mitigation recommendations) to prevent unauthorized use or intrusion. Trail systems developed within the project shall not be illuminated. A north -south Page 10 of 67 SACommunf y DevelopmentlEveWelResohrtions and CondbonsIDEVELOPMENT CONDITIONSIWest Pointe - CONDITIONSADc Revised on 02/23/011:32 PM C1100-137 BUff trail alignment shall be developed which links the east -west trail system along "C" street in the Moorpark Country Club Estates project. This north -south connection should traverse the Walnut Canyon drainage and connect to the Hitch Ranch and other areas south of the West Pointe project. The applicant shall be responsible for developing this trail linkage. 27. Solid Waste Management Plan: Prior to approval of the final map, a Solid Waste Management Plan shall be prepared and submitted to the Community Services Analyst for the City responsible for Solid Waste Management Programs for review and approval. This plan, which shall include specific measures to reduce the amount of refuse generated by construction of the proposed project, shall be developed in consultation with the Ventura County Sold Waste Management District and the City of Moorpark to meet waste reduction requirements established by the California Integrated Waste Management Act of 1989. 28. 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. 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 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 Page 11 of 67 S:ICommunity Deve fopmentlEveryonelResokAbns and CondAbnsOEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS.doc Revised on 021231011:32 PM DIBAfT that are to be connected to the project perimeter wall. 29. Site Distance on Wall and Landscaping Plans: 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. These shall include all landscape walls and /or sound galls required by the Specific Plan Development Agreement and mitigation measures adopted for the project whether on -site or off -site. 30. Final Design: 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. 31. Street Intersection Treatments: Any special street intersection treatments shall be approved by the City Engineer and the Director of Community Development. 32. Open Space /Conservation Dedications: Greenbelts, open space areas, landscaped areas, and trails lying within each portion of the Property (not covered by any other section) shall be dedicated to City in a form approved by the City Attorney, or to one or more Homeowners' or property owners associations as determined by the City Council at its sole and unfettered discretion, as a condition of recordation of the final subdivision map or parcel map defining the area within which said areas are located. Greenbelts, buffers and open space areas may include wetlands, storm water detention areas, landscaping and decorative planting areas that do not interfere with greenbelt, buffer and open space uses as determined by the City at its sole and unfettered discretion. Such areas not dedicated to City shall include a conservation easement granted to the .City in a form acceptable to the City consistent with Civil Code Section 815 et seq. 33. Archaeological or Historical Finds: If any archaeological or historical finds are uncovered Page 12 of 67 SACommunity DevelopmenAEveryonetResogdions and Cond6ionsIDEVELOPMENT COND177ONSIWest Pointe - CONDMONS.doc Revised on 02/23/011:32 PM ©UIT 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. 34. Lighting Plan: Prior to issuance of a Zoning Clearance for Grading or Construction for any dwelling units on the lots created by this Tract Map, the applicant shall submit to the Department of Community Development a lighting plan for review and approval consistent with Chapter 17.30 of the Zoning ordinance. Lighting shall be consistent with best management practices for open space preservation shall be required for this project. All lighting along the perimeter of natural areas, particularly street lamps, shall be downcast luminaries and shall be shielded and oriented in a manner that will prevent spillage or glare into the remaining natural and open space areas. Low intensity night lighting shall be required within the streetscape and at intersections. Lighting standards shall be rural in nature, low in profile, and shall be minimized along street corridors. More intensive lighting is appropriate at intersections within the project boundary but this lighting shall be only sufficiently intensive to provide for vehicle and pedestrian safety. The project entrance lighting should emphasize low intensity landscape feature uplighting of accent landscaping plants. Standard approach lighting within the Walnut Canyon Road Corridor shall comply with Caltrans design standards. 35. Submittal of Landscape Plans: Prior to issuance of a Zoning Clearance for construction or grading of the public roadways within and adjacent to this tract, applicant shall submit a complete landscape plan, Page 13 of 67 SACommun4 DevelopmentlEve +yonelResotutions and CondNonsIDEVaOPMENT CONDITIONS1West Pointe - CONDITIONSADc Revised on 021231011:32 PM BRIfl together with specifications and a separate Maintenance Plan for approval to the Director of Community Development and the City's Landscape Consultant. a. 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. b. The following notes shall be included on the plans and shall be project conditions: C. All plant material shall conform to the current issue of the American Standard for Nursery Stock published by the American Association of Nurserymen. d. 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. e. Prior to final inspection by the City of Moorpark, the applicant shall provide a written certification for the operation of the backflow device. f. All backflow preventers, transformers, and other above -grade utilities shall be appropriately screened with walls and /or plantings. g. The planting and irrigation design shall comply with the State of California Model water Efficient Landscape Ordinance. h. Prior to occupancy, the landscape installation shall be approved by the Director of Community Development. This approval shall be based upon Page 14 of 67 S:ICommunity DevelopmenAEveryonelResoMions and CondtionsIDEVELOPMENT CONDITIONSIWest Pointe - CONDMONSdoc Revised on 02/23/011:32 PM AL OBAff written certification of the landscape installation by the City Landscape Consultant. i. The landscaping shall be maintained in accordance with the approved Maintenance Plan. j. The landscape plan shall include planting and irrigation specifications for manufactured slopes and all common areas. k. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height, any front yard landscaping for residences that may be required by the approval of an RPD, and all common areas to be maintained by the Homeowners' association including parkways, median strips and slope easement areas located along Walnut Canyon Road, and interior streets. Front Yard landscaping shall be installed as determined by the Residential Planned Development Permit for all lots in this project as reviewed and approved by the Director of Community Development prior to final inspection and release of utilities. 1. The streetscape within each neighborhood shall be fully landscaped and treated with rural design features typical of the immediate project vicinity. M. Additional trees shall be provided and located as approved by the Director of Community Development to offset the value of the trees to be removed. The landscape plan shall also incorporate extensive tree landscaping including specimen size trees as approved by the Director of Community Development. n. Plants listed in Table 4 -2 of the Environmental Impact Report shall.not be planted within the common landscaped areas of the proposed site plan. o. The applicant shall provide a Tree Report and tree replacement plan consistent with Ordinance Page 15 of 67 SiCommunity DevelopmentlEveryonelResolutions and CondihonslDEVELOPMENT CONDITIONS1West Pointe - CONOMONS.doc Revised on 021231711.32 PM BBAFT No. 101 as a part of the Landscape Plan. Native plants shall be used in the restoration of areas disturbed by the construction of the project. The City shall monitor the use of native plants through review and approval of all project landscape plans. P. The permanent removal of 10 California walnut trees located within the California walnut woodland community, shall be replaced at a 10:1 mitigation ratio by planting 100 California walnut trees on the site or in the adjacent Conservation Easement /Conservation Dedication area. The trees shall be planted dominantly within the upland areas above the detention basin, in upland areas within restored riparian corridors, and in other upland areas within the Conservation Easement /Conservation Dedication area. To ensure maximum survival rates, these replacement trees shall be limited to fifteen gallon specimens. q. The entrance to the proposed project shall be designed to provide entry monumentation, appropriate landscaping and signage at the entry point. An orderly and consistent tree planting program shall be established for both entrance roads to provide a landscaping pattern along the entranceways that resembles a rural ranch entry road design. All entry roads shall be planted so trees are spaced at equal intervals. Recommended tree plantings for these entry points shall include the non - natives typically used in ranch settings for entryways in the City of Moorpark including olive trees, poplars, eucalyptus, and other native or naturalized trees. The use of xeriscape accent features (agave, yucca,-and local types of cactus (Opuntia sp.] shall be encouraged in the entry design. r. The eastern perimeter of the project shall be designed to provide a substantial restoration of riparian landscape features within the Walnut Page 16 of 67 S:ICommunity DevebpnwAEveWeIResohXons and CondWonsOEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS.doc Revised on 02/23/011:32 PM ©MIT Canyon drainage situated between Walnut Canyon Road and the project. The drainage /detention facility slopes within both the public and private debris /detention facilities within the development shall be landscaped with native riparian woodland plants (such as valley oak, live oak, sycamore, poplar, and willow). Similar landscaping shall be provided in the central drainage located central to the project. S. Restoration landscaping along Walnut Canyon Road shall emphasize reestablishment of existing native and non - native habitat. The landscaping program for areas visible from Walnut Canyon Road shall emphasize restoration of the existing vegetation and the use of tiered, tree lined streets to minimize the adverse effects of the urban design planned along this perimeter. t. A. Riparian Canopy Requirement: Prior to approval of the final map, the applicant shall preapre a enhanced riparian study for the purpose of providing an enhanced riparian canopy along the Walnut Canyon drainage consistent with requirements of the Department of Fish and Game and Army Corps of Engineers. The restoration shall be performed in accord with current best available restoration procedures. The applicant (or a designee) shall be responsible for maintaining the restoration areas for a period of three years or until the native grasses, riparian corridor, and perimeter plantings are successfully established. 36. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance for a grading permit, a paleontological mitigation plan outlining procedures,,.-. for paleontological data recovery shall be prepared and submitted to the Director of Community Development for review and approval. The development and implementation of this program shall include Page 17 of 67 S:1Community DevelopmentlEveryonelResofulions and Cond tionslDEVELOPMENT CONDITIONSIWest Pointe - CONDMONS.doc Revised on 021231011:32 PM � �0 � t / _r1: h consultation with the applicant's engineering geologist. The monitoring and data recovery should include periodic inspections of excavations to recover exposed fossil materials. The cost of this data recovery shall be limited to the discovery of a reasonable sample of available material. The interpretation of reasonableness shall rest with the Director of Community Development. 37. Habitat Enhancement Plan: Prior to issuance of grading permit, the applicant shall complete and submit to the City for approval of the Director of Community Development , a Habitat Enhancement Plan (HEP). The Plan shall apply to all existing or created on -site oak woodlands, riparian areas, detention basins, fuel modification zones and detention basins. The purpose of this plan shall be to increase the biological carrying capacity of these areas. 38. Field Survey: No earlier than 45 days and no sooner than 20 days prior to construction or grading /site preparation activities that would occur during the nesting /breeding season of native bird species potentially nesting on the site (typically February through August), the applicant shall have a field survey conducted by a qualified biologist to determine if active nests of bird species protected by the Migratory Bird Treaty Act and /or the California Fish and Game Code are present in the construction zone or within 100 feet (200 feet for raptors) of the construction zone. A report of this field survey shall be submitted to the Director of Community Development. if active nests are found, a minimum 50- foot (this distance,may be greater depending on the bird species and construction activity, as determined by the biologist) fence barrier (subject to the review and approval of the Director of Community Development)--. - shall be erected around the nest site and clearing and construction within the fenced area shall be postponed or halted, at the discretion of the biological monitor, until the nest is vacated and juveniles have Page 18 of 67 S:ICommunity DevelopmentlEveryonelResobtions and Cond tionslDEVELOPMENT CONDITIONSIWestPointe - CONDITIONS.doc Revised on 021231011:32 PM 1', IA fledged, as determined by the biologist, and there is no evidence of a second attempt at nesting. The biologist shall serve as a construction monitor during those periods when construction activities will occur near active nest areas to ensure that no inadvertent impacts on these nests will occur. 39. Fencing: Prior to issuance of a Zoning Clearance for Grading, fencing of sufficient height and design shall be constructed between the edge of the fuel modification zone and the natural areas to prevent humans and domestic animals from entering open space habitat areas. The fencing could consist of a thick native brush line consisting of such native shrubs as laurel sumac, California coffeeberry, toyon, and coast prickly -pear. Final fence design and height is subject to the review and approval of the Director of Community Development and consistent with criteria establish by the California Department of Fish and ,Game. Fencing will not be placed within the jurisdictional areas of the site. 40. Habitat Restoration Plan: Prior to issuance of a Zoning Clearance for a grading permit, a proposed habitat restoration plan shall be developed to ensure compensation for the loss of native habitats that will occur as a result of project development. The habitat restoration plan shall emphasize the selective use of purple needle grass (Stipa pulchra) and other native grasses in the landscape plan for the property and include (subject to approval of the Fire Department), the use of native plants common to Venturan Coastal Sage Scrub (e.g., Salvia apiana, Salvia leucophylla, Artemisia california, Rhus integrifolia, Eriogonum fasciculatum, Encelia californica) in upland areas surrounding the project that are disturbed as a result of project development (geologic remediation, construction of fire access roads, etc.). 41. Preservation of oak tree: Prior to grading, the single native oak tree which will be impacted by the project shall be preserved on the site and shall be protected from any adjacent grading or construction Page 19 of 67 S:ICommunity DevelopmentlEveWeWesolutions and ConcRionslDEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS.doc Revised on 02/13101 1:32 PM n 0 s_ -.17 : 6 Miff operations. The measures that shall be taken to protect this oak tree, and the other remaining protected trees on the site, are provided in the Biological Resources Mitigation Plan outlined in the Project Description of the EIR (Chapter 4). Verification of completion of this requirement is subject to the review and approval of the Director of Community Development. 42. Conservation Easement: Prior to approval of the final map and issuance of a zoning clearance for grading permit, the proposed voluntary Conservation Easement /Conservation Dedication shall be secured by, at a minimum, (1) an irrevocable conservation easement and (2) by a deed restriction. A separate parcel shall be created for transfer of the dedicated open space to conservation status. Although the parcel shall be deed restricted to prevent any future development, a reserved right for the development of a minimal trail system shall be reserved. The subject parcel shall be designated as permanent open space on the City's General Plan Land Use Map. No excavation, drilling, extraction, pumping (excluding such pumping as may be needed for de- watering as part of approved grading operations), mining, or similar activity shall be allowed in any portion of the Property zoned Open Space. The limitations and exclusions described in this condition shall be included in the conservation easement. The conservation easement shall be shown on and irrevocably offered for dedication on the first Final Map for the subdivision and shall be in a form acceptable to the City and consistent with Civil Code Section 815 et seq. 43. All residential areas to be commonly maintained by a Homeowners' Association, as determined by the City, shall be designated as separate lettered lots on each phase of the subdivision map. - 44. Design /Development Standards: All design criteria, development standards, landscape concepts and criteria and all building materials, colors and streetscape concepts and other information presented to define the Page 20 of 67 SACommunity DevelopmenAEveryoneIResokons and ConditionsOEVELOPMENT CONDITIONSIWest Pointe - CONDMONS.doc Revised on 02123,)1 1.32 PM ^ f 3 0 1 A- -7 /zTFA standards for construction and appearance contained in the document titled "West Pointe at North Ranch" incorporated herein by reference and on file with the Community Development Department, shall apply to residential structures and accessory buildings submitted for Zoning Clearance and Building Permit issuance in Vesting Tentative Tract Map No. 5158 in the City of Moorpark. 45. The following West Pointe Homes (North Ranch) Design Guidelines shall be incorporated by the applicant and new copies of the guidelines submitted to the Director of Community Development prior to final City action on the project: a. Adjoining residential units may not have the same floor plan and elevation. b. Compatibility of Changes to Plans: No expansion, alteration or change in architectural elements that is visible from any abutting street shall be allowed, unless in the judgement of the Director of Community Development it is compatible with all dwellings having frontage on the same street and located within 200 feet of the side property line of the structure proposed for expansion or alteration. C. Location of Air Conditioning Equipment: All air conditioning or air exchange equipment must be placed and may not be placed in a side yard area within 15 feet of a opening window at ground floor level of the adjacent structure and shall not reduce the required sideyard to less than 3 feet at ground level. d. Modifications to Permit: 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 Citk 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 Page 21 of 67 S:ICommunity DevebpmentlEveryonelResokdions and ConditionsWEVaOPMENT CONDITIONSIWest Pointe - CONDITIONS.doc Revised on 02/23/01 1:32 PM NNIfl Major Modification as determined by the Director of Community Development. 46. Adjacent Property Line Walls and Fences: All property line walls shall be no further than one inch from the property line. 47. Perimeter and Garden Walls: All related perimeter and garden walls shall be constructed prior to the issuance of a Zoning Clearance for occupancy of any dwelling units. 48. Archaeological or Historical Finds: 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. 49. Graffiti Removal: 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. 50. Maintenance of Permit Area: 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. 51. Phasing: 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. Page 22 of 67 S:ICommunity Deve /opmentkEveWeVeso0ons and ConditionslDEVELOPMENT COND1710NSIWest Pointe - CONDIT10NS.doc Revised on 02/23/011.-32 PM JYMAA 52. Submittal of Construction Drawings: Prior to the issuance of a Zoning Clearance, all 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. C. CITY ENGINEER CONDITIONS: 1. Prior to approval of the final Vesting Tentative Map, the proposed infrastructure plan for the project shall be designed to place all required water, sewer, and reclaimed water conveyance facilities in Walnut Canyon The applicant shall obtain all necessary right -of -way and easements to install the required infrastructure in this alignment. The City may assist with the acquisition of such easements. 2. 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 to Reuse Permit procedures administered by the County Water Resources Development Department. 3. The applicant shall comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations implemented by the County of Ventura Public Works Department Waterworks District No. 1. 4. All existing and proposed utilities shall be under grounded as approved by the City Engineer. S. 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 Page 23 of 67 SACommunity Development EveryonelReso(utions and CondNmslDEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS.doc Revised on 021238)1 1:32 PM UYJ I-A located and tied out or will be protected in place during construction. 6. Prior to approval of improvement plans, the potable water, reclaimed water, and wastewater disposal facilities and conveyance lines required for the project shall be designed to accommodate, to the extent possible, the dwelling units together with the limited development permitted under the existing General Plan for lands along the conveyance lines. The computation of future build out is subject to the review and approval of the Director of Community Development prior to determining final line sizing. Building permits shall not be issued until this computation is provided and verified by service providers. All facilities shall be designed to accommodate peak rather than average demand. The Developer at his expense will acquire any right -of -way acquisition necessary to complete the required improvements. 7. If any of the improvements which the applicant is required to construct or install'is to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 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 (hereinafter City) in writing that the applicant wishes the City to acquire an interest in the land, which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Supply the City with (I) a legal description of the interest to be'acquired, (ii) a map or diagram of the interest to be acquired sufficient_ to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an Page 24 of 67 SAGommuno Deve(opmentSEveWeVesokiliws and ConditionsWEVELOPMEW CONDtTIONSIWest Pointe - CONDMONS.doc Revised on 02!13/111:32 PM el1)0 1 'SI BMIT opinion as to the fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report. C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 8. 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. 9. Prior to issuance of the first certificate of occupancy construction of Walnut Canyon Road, and "A" Street improvements shall be completed to the satisfaction of the City Engineer. 10. Prior to acceptance of public improvements and bond reduction and /or exoneration, the following requirements shall be satisfied: a. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. b. Sufficient surety in a acceptable to the City improvements shall be in place for one year City. form and in an amount guaranteeing the public provided, and shall remain following acceptance by the C. 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 3611, 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. Page 25 of 67 S:1Communi y DeveWa;enAEveiyone1Resohdions and Cond tionsiDEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS. doc Revised on 02)23/011:32 PM DRAfI Submission of "as built" plans is required before a final inspection will be scheduled. 11. Geotechnical Engineering Requirements: a. Prior to submittal of grading plans the Developer shall have a geotechnical report prepared to the satisfaction of the City Engineer and at the minimum the geotechnical report shall address the following: b. The applicant or subsequent developers shall contract with an engineering geologist and geotechnical engineer to quantify the engineering properties of the on -site soil materials, to assess the potential for weak soils or bedding layers which may affect cut and /or natural slopes, and to verify that grading planned within landslide areas will be remediated to result in an increase in landslide stability consistent with factors of safety approved by the City's consulting Geotechnical Engineers. This geotechnical study shall, as deemed necessary by the City Engineer and consulting City Geologist and Geotechnical Engineer, further assess slopes within or adjacent to proposed residential development areas (depending on the final configuration of proposed individual residential parcels). Further assessment must also address stability and mitigation measures for slopes within residential areas, basins, and the water tank site and access road, as well as potential off -site impacts along access corridors. The findings and recommendations of the geotechnical assessment shall be incorporated into the final design for both the residential and nonresidential components of the project. C. The applicant will determine with subsequent geotechnical studies, the location of any landslide. Landslides shall be removed and recompacted during grading to the satisfaction of the City Engineer and the City's consulting Page 26 of 67 SACommunify DeveiopmentlEveryoneWesotutions and CondiitionsOEVELOPMENT CONDITIONS1West Pointe - CONDMONSADC Revised on 021231011:32 PM U-4 0 0.x_ B1BA;f geotechnical engineers. Alternatively, landslides or unstable slopes can potentially be stabilized by constructing buttress or stabilization fill slopes to reduce their potential for future downslope movement. All cut and fill slopes, foundations and structures, shall be designed and constructed to comply with Chapter 70 of the Uniform Building Code (UBC) and applicable City and /or Country Grading Ordinances. Modifications to these standards shall be permitted only with the written concurrence of the City Engineer and the City's consulting geologist. d. An engineering geologist shall define the final grading requirements for residential and recreational facilities. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist. Foundation designs in areas where fault traces were identified that have been deemed inactive should address enhancing the stability of homes in the event minor movement occurs as a secondary effect of ground shaking. e. The developer shall cause an engineering geologist to study all unanticipated faults exposed during grading to detect any evidence of possible recent activity. No structure shall be placed within 50 feet of any fault trace. f. All habitable structures shall be designed to accommodate structural impacts from 0.12g- ground acceleration and a maximum credible earthquake event of magnitude 7.6 (Richter) or to another standard factor of safety if these standards are deemed applicable to this project. The standards shall be prepared to the satisfaction of the City. Engineer. g. The developer shall contract with an engineering geologist to prepare grading recommendations, foundation design criteria, and other Page 27 of 67 SACommunity DevelopmentlEveryonelResobtions and ConditionsiDEMELOPMENT CONDITIONSIWest Pointe - CONDITIONSADC Revised on 02!13/01 1:32 PM � tOP z;4 ,I recommendations regarding detailed project design. As a component of required subsequent geologic studies, a soils engineer shall evaluate the condition of alluvium and unconsolidated soils. Relatively loose soils or alluvium shall be densified or removed and recompacted prior to placement of structures upon such soils. Other mitigation measures shall be incorporated into the final project design as required by the geological assessment. All geological recommendations shall be to the satisfaction of the City Engineer. h. The Director of Community Development and City Engineer shall review the project's conformance with contour grading concept design consistent with recommendations in the City's Hillside Management Ordinance. Grading permits shall not be issued until 40 scale grading plans have been developed that incorporated contour grading techniques. The project shall be constructed in accord with the approved grading plans. I. 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. Also, 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. Should additional geotechnical studies be generated or required as a result of the geotechnical investigation, additional plan check fees will be required. j. Review of the geotechnical engineering report, by the City's Geotechnical Engineer, is required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. Page 28 of G7 S:1Community DevelopmenhEveryonelResohftns and ConddionsIDEVELOPMENi CONDITIONSIWest Pointe - CONDITIONS.doc Revised on 02/23/011:32 PM (_-I 0 0 1 S S_ BNJIT. k. All recommendations �ncluded 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 soil 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 soil report (s) . 12. General Grading Requirements: a. The fuel injection grading of all diesel engines used in construction equipment should be retarded two degrees from the manufacturer's recommendation. b. ROC, NOx and dust during construction grading will be suppressed by the following activities: i) Equipment not in use for more than ten minutes should be turned off. ii) All diesel engines used in construction equipment should use high - pressure injectors. iii) All diesel engines used in construction equipment should use reformulated diesel fuel. iv) Construction grading should be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated-at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations should not resume until the first - stage smog alert expires. v) All clearing and grading activities shall cease during periods of high winds (i.e., greater than 15 miles per hour averaged over Page 29 of 67 S:ICommanity DevelopmenliEveryonelResokdions and CondNonstDEVELOPMENT CONDIIIONS1West Pointe - CONDITIONS.doc Revised on 021231011:32 PM ffBJr7 one hour) to prevent excessive amounts of / fugitive dust. vi) All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. vii) All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. viii) Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. ix) Large scale construction vehicles and trucks exiting the project site during the mass grading period shall be required to have tire wash -downs to minimize the dispersion of dust onto local streets. C. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project Erosion and Sediment Control Plan. A trained BMP Supervisor shall be onsite during all construction activities. (The qualifications of the BMP supervisor shall be to the satisfaction of the City Engineer). The following water quality assurance techniques shall be included, but not limited to the following, as deemed necessary: i) Minimize removal of existing vegetation. ii) Provide temporary soil cover, such as hydro seeding, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. iii) Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. Page 30 of 67 S:ICommunity DevelopmentlEveryonelResoMons and CondifionslOEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS.doc Revised on 02/23/011:32 PM L* f10 '�j. � 1. BNAff 1 iv) Rough grade contours to reduce flow concentrations and velocities. V) Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. vi) Phase the grading to minimize soil exposure during the October through April rainy season. vii) Install sediment traps or basins. viii) Maintain and monitor erosion /sediment controls. d. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The City Engineer shall review and approve the grading plan to verify compliance with Best Management Practices features including, but not limited to the following: i) Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. ii) Check dams to reduce flow velocities. iii) Permanent desilting basins. iv) Permanent vegetation, including grass -lined swales. V) Design of drainage courses and storm drain outlets to reduce scour. e. Prior to issuance of a grading permit, the applicant shall submit to the City Engineer for review and approval a Management Plan to address water quality impacts of the project. The management regime recommended in this Plan shall. be the governing document for the long -term maintenance of water quality features included in the project (e.g., first flush basins and other facilities). The City shall periodically monitor Page 31 of 67 &tCommunity Deve1opmentlEvegone1ResokSons and CondNonsWEVELOPMENT CONDITIONSIWest Pointe - CONDMONS.doc Revised on 021231011:32 PM TTA adherence to the plans and management guidelines contained in the Plan. The Plan shall require periodic analysis of the nutrients in the reclaimed water and the nutrient and moisture requirements of the grass and other landscaping within any turf areas in excess of two acres. f. Prior to issuance of the initial grading permit, the developer shall prepare an Erosion and Sediment Control Plan to address construction impacts and long -term operational effects on .downstream environments and watersheds. Certified Erosion and Sediment Control Professional or a qualified Civil Engineer shall prepare this plan. Proposed management efforts shall include (but not be limited to) provisions for the use of vegetative filtering enhanced by creek bed reconstruction, preparation of detailed erosion control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The erosion control plan shall be reviewed and approved by the Community Development Department Director and City Engineer prior to issuance of grading permits for mass grading. Sediment yields in the watersheds within the project boundary shall be computed for pre - development and post- development conditions in accord with methods outlined in Erosion and Sediment Yields in the Transverse Ranges, Southern California (United States Geological Survey, 1978). These estimates of sediment yield'shall be completed prior to initiating final design of the regional flood control debris /detention basin facility situated in the Walnut Canyon Drainage along the easterl�i project boundary. g. The applicant shall be required to obtain all Clean Water Act 401 and 404 permits and Page 32 of 67 SACommunity DevelopmentlEveowelResolutions and CondtionsIDEVaOPMENT CONDMONSIWest Pointe - CONDMONS.doc Revised on 0201011:32 PM 1� clearances as administered by the Army Corps of Engineers and the Regional Water Quality Control Board/State Water Resource Board. These permits shall be obtained prior to initiating any grading permits or clearing and grubbing activities not covered under the City's grading ordinance. All conditions of the permits and certifications from these agencies that are designed to minimize impacts to biological resources and all measures to mitigate for the loss of jurisdictional habitats shall be implemented. Implementation of mitigation designed to offset impacts to areas of federal jurisdiction shall be monitored by the relevant federal agencies and by the City (under the California Environmental Quality Assurance Program) for the project. h. The following mitigation measures shall be implemented during all construction activities throughout build out of the project to minimize the impacts of project- related noise in the vicinity of the proposed project site: i) No construction activities shall be permitted before 7:00 a.m. or after 7:00 p.m., Monday through Friday. Saturday construction may be permitted with more restrictive hours if complaints from adjacent neighborhoods do not occur. Construction shall not be permitted on Sunday or on holidays. ii) Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. iii) Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or Page 33 of 67 S:ICommunity DevelopmenMveryoneftsolu ws and ConditionslDEVELOPMENT CONDITIONSIWestPointe 4CONDITIONS.doc Revised on 02/23/011:32 PM otherwise shielded from existing surrounding rural residential neighborhoods. iv) Immediately surrounding property owners shall be notified in writing on a monthly basis of construction schedules involving major grading. V) A construction effects mitigation program shall be prepared and submitted to the City after completion and occupancy of the first phase of project bailout. This program shall protect, to the degree feasible, new residents from the impacts of sustained construction on new neighborhoods. i. Build out of the project shall be consistent with an approved Phasing Plan adopted by the City Council. This phasing plan shall be recorded at the time the Final Map is approved. The Plan shall be consistent with requirements to provide adequate dual access to the proposed subdivision. j.. The post- grading slope remediation areas along the northern and southern ridgelines shall reflect contour grading design to diminish the visual effects of slope modifications. k. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. 1. The final grading plan shall meet all standard UBC and City of Moorpark slope setback requirements. M. 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 Page 34 of 67 SAComnwnity DevelopmentlEveryonelResolufrons and Condit=V)EVELOPMENT CONDITIONSIWest Pointe . CONDITIONS.doc Revised on 02/23/011:32 PM NVVIA hydro seeding on all graded areas within 30---d- ays 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. n. This project is projected to balance cut and fill onsite. Unanticipated off -site import /export operations requiring an excess of 100 total truck loads 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 shall be required as directed by the City Engineer. o. All requests for staged grading shall be submitted in writing to the City Engineer for review and approval by the City Council. p. Temporary irrigation, hydro seeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to 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. q. 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 a certified soil engineer will review plans and their recommendations will be subject to the review and approval of the City Engineer and the Director of Community Development. r. All graded slopes shall be planted in a timely manner meeting the approval of the Director of Page 35 of 67 SACon munity DevelopmentiEveryonelResolutions and Cond tionsWEVELOPMENT COND1TIONSIWest Pointe - CONDITtONS.doc Revised on 02)231011.32 PM tl 0 _1_ r i�11 Community Development with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. S. All development areas and lots shall be designed so that surface drainage is collected by the on- site storm drain system prior to connecting to the existing flood control facilities to the east of the property. t. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately 18 inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding 4 feet in height are adjacent to sidewalk. The Developer shall use the City's standard slough wall detail during the design and construction. The City Engineer and Director of Community Development shall approve all material for the construction of the wall. 13. During grading, the following requirements shall apply: a. Grading may occur during the rainy season from October 15th to April 15th subject to approval by the City Engineer and installation of erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. Plans shall be submitted to the City Engineer a minimum of 30 days prior to the start of the rainy season. b. 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. C. 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. Page 36 of 67 SACommuniry DevelopmenAEveryonetResolutions and CondiUonsIDEVELOPMENT CONDlTIONMest Pointe - CONDMONS.doc Revised on 02231D1 1:32 PM A- C 11RAfl al d. during clearing, grading, earth moving or excavation operations regular watering shall control dust. In addition the following measures shall apply: i) 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 that will be available for dust control at each phase of grading. ii) 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. Jl!iv) Water or securely cover all material ' transported off -site and on -site to prevent excessive amounts of dust. v) Keep all grading and construction equipment on or near the site, until these activities are completed. vi) 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. - vii) The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. Page 37 of 67 S:1Community DevelopmentEveryoneVtesolntions and ConddionslDEVELOPMENT CONDITIONS1West Pointe - CONDITIONS.doc Revised on 021231D1 1:32 PM DRAIT viii) Wash off heavy -duty construction vehicles before they leave the site. e. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: i) 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. ii) 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. f. All diesel engines used in construction equipment shall use reformulated diesel fuel. g. 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. h. 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. Page 38 of 67 & Community DevelopmentlEveryoneWesolutions and CondtionsWEVELOPMENTCONDMONSUest Pointe - CONDMONS.doC Revised on 02/23/011:32 PM MAff i. Truck noise from hauling operations shall be minimized through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and shall be approved by the City Engineer. j. The Developer shall ensure that construction equipment is fitted with modern sound- reduction equipment. k. Equipment not in use for more than ten minutes shall be turned off. 1. 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.' M. 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. n. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. o. Backfill of any pipe or conduit shall be in 4" fully compacted layers unless otherwise specified_. by the City Engineer. p. Soil testing for trench compaction shall be performed on all trenching and shall be done not Page 39 of 67 SACommunity DevelopmenflEveryonelResolutions and ConditionslDEVELOPMENT CONDITIONSIWest Pointe - CONDMONS.doc Revised on 02)23MI 1:32 PM 'I f 0 ,,, G (,, -1- DR�1fl less than once every 4 f� t of lift and 100 lineal feet of trench excavated. q. Observe a 15 -mile per hour speed limit for the construction area. r. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. S. Prior to issuance of a grading permit, the applicant shall prepare and submit to the City Engineer for review and approval, an Erosion and Sediment Control Plan to be approved by the City Engineer prior to issuance of any bulk or mass - grading permit for the project. Sedimentation basins and devices for controlling storm water flows and reducing erosion shall be constructed by the developer as required by the City (and if necessary, the County Flood Control District). Provisions for the construction of the sedimentation basins and erosion control devices shall be incorporated into the project Erosion and Sediment Control Plan. If clearing and grubbing operations are to proceed independently of and prior to the issuance of a mass grading permit, adequate temporary erosion control devices shall be installed prior to initiating clearing and grubbing. 14. Road and Traffic Requirements a. Developer shall participate in intersection improvements for Los Angeles Avenue /Tierra Rejada Road, Poindexter Road /Moorpark Avenue, Los Angeles Avenue /Moorpark Avenue, Los Angeles Avenue /Spring Road and Spring Road /High Street. The level of participation will be as noted in the traffic report dated October 30, 2000 by Associated Transportation Engineers Table 14 on..-*. page 39. b. Developer shall bond and construct improvements on the southbound lanes at Los Angeles Avenue /Tierra Rejada Road to include dual left Page 40 of 67 SACommundy DevefopmenAEveGweV?esoA&ws and Cond6 slDEVaOPMENT CONDiTtONSIWest Pointe - CONDMONS.doc Revised on 02/23/011:32 PM ©/Buff turn lanes, one through lane and one right -turn lane. C. Developer will post bonds for upgrading the Walnut Canyon Road /Casey Road intersection when the 2015 projected volumes on Walnut Canyon Road are achieved and if the SR118 bypass is not constructed. d. The secondary fire access road at the south of the property shall include the following; i) Prior to submittal of grading plans, the proposed interim secondary fire access road that extends onto adjacent private property shall be recorded as a revocable easement benefiting the West Pointe Homes subdivision. The terms of revocation of roadway easements shall be limited to a condition that adequate dual access to the site is provided. This would develop a southern connector public street, which shall link the West Pointe Homes project to the proposed State Route 118 arterial or other linkage to the public street system to be developed by the Moorpark Highlands Specific Plan. ii) Prior to approval of the Vesting Tentative Map a study shall be submitted to the City Engineer to show roadway alignments and extent of slope easements needed. In addition, the study shall include SR118 alignments and grades and the affect on any proposed onsite slopes, pads, drainage facilities, roadway alignments and any other improvements. e. The applicant shall fund the full cost of required improvements to the intersection of Moorpark Road and High Street to ensure that project plus cumulative traffic does not result in a reduction of Level of Service to level of service D. Anticipated improvements to this Page 41 of 67 S :ICommunity DevelopmentlEveryonelReso/utions and ConditionsOEVaOPMENT CONDITIONSIWest Pointe - CONDITIONS.doc Revised on 02)231011:32 PM DRAfi` intersection include widening approaches to provide an additional through lane, restriping, providing signal timing and coordination between Casey Road and Moorpark High, completing north and south bound lane approaches, and related pedestrian improvements in the vicinity of the Moorpark/High Street intersection. Moorpark Avenue to the north of the intersection shall be widened to 4 lanes without narrowing the existing sidewalk. These improvements shall be completed under a reimbursement agreement acceptable both to the City and to the applicant. Terms of reimbursement shall be defined in the Development Agreement for the project. This improvement shall be completed prior to the issuance of building permits for the 60th residential dwelling unit in the project. The improvement shall be completed and in operation prior to the issuance of the 100th building permit for the project. f. The applicant shall fund the full cost of required improvements to the intersection of High Street and Spring Street. Anticipated improvements to this intersection necessary to ensure operations are maintained at Level of Service C include restriping of lane approaches to provide an additional eastbound lane. Based on present information, no widening is required to complete this improvement. This improvement shall be completed under a reimbursement agreement acceptable both to the City and to the applicant. Terms of reimbursement shall be defined in the Development Agreement for the project. Completion of this improvement by the applicant is in excess of CEQA based pro -rata requirements and has been entered into voluntarily by the applicant. This improvement shall be completed prior to the issuance of building permits for the 1st residential dwelling unit in the project. Page 42 of 67 SACommunity DevetopmentlEveryone%Resokdians and Cond tionsOEVELOPMENT CONDITIONSIWest Pointe - CONOITIONS.doc Revised on 02/23/011:32 PM f`�`> MifT g. The following traffic calming -d evices /techniques shall be incorporated into the street improvements within the Caltrans frontage adjacent to the West Pointe project: i) Rumble strips shall be placed on both the north and southbound approaches to the project entrance intersection. ii) Intersection warning signage shall be placed on both north and southbound approaches to this intersection. iii) To the degree permitted by Caltrans, the project entrance design shall be refined to include landscape transitions which parallel left turn and deceleration /acceleration lanes since an organized and patterned street tree planting program influences travel speeds. iv) Speed limits shall be clearly and sufficiently posted above and below the project entrance. v) The Developer shall implement a posted excess fine program for speeding along the corridor (similar to the Caltrans "Fines Doubled in Construction Zone" warnings posted in construction areas). vi) Advance signal and intersection notification should be provided on the approach to the project intersection if it is signalized in the future. h. The northbound approach to Moorpark Avenue /High Street shall be widened and re- striped to provide for an exclusive left -turn lane, a through lane and a through /right -turn lane. i. The Charles Street intersection with Walnut Canyon shall be restriped to provide proper pedestrian crossings and to maintain clearance for northbound left turn movements. Page 43 of 67 SACommunity DevelopmenflEveryoneftsohitions and Cond tionsOEVELOPMENT CONDITIONSUest Pointe - CONDITIONS.doc Revised on 02031011:32 PM / . IA j. Appropriate traffic calming devices shall be installed along approaches to intersections between Casey Road and Moorpark Avenue /High Street. k. Proper signal interconnection, video controls, and improved signal coordination shall be installed between Casey Road /Walnut Canyon and Moorpark Avenue /New Los Angeles Avenue. The developer shall be required to contribute.a pro - rata portion of the costs associated with implementing these improvements. 1. Until or unless an Interim Corridor Improvement Plan is developed for Walnut Canyon, the contribution of this project to the proposed improvements shall be negotiated as a component of the project Development Agreement application. M. The improvements along Walnut Canyon Road associated with the project shall include improvements along the full extent of the frontage, including the prolongation of the property at the southerly end of the site, including any standard offsite transition. Improvements include, but are not limited to, horizontal and vertical realignment of Walnut Canyon Road in accordance with City and Caltrans standards with no less than 8 -foot shoulders, no less than 12 -foot travel lanes, no less than 12 foot turning lanes, and pedestrian facilities along or parallel to Walnut Canyon Road. The scope of this improvement shall be negotiated in the Development Agreement for the project. n. The primary project collector street intersection with Walnut Canyon Road (State Route 23) shall be designed to the satisfaction of the City Engineer and Caltrans to ensure that acceptable turning - radii, lane widths, shoulders, lane tapers, and adequate acceleration and deceleration improvements are incorporated into the project entrance improvement program. Modifications to Page 44 of 67 SACommunify DevelopmenflEveryonelResolutions and ConditionsWEVELOPMENT CONDITIONS1West Pointe - CONDITlONS.doc Revised on 02/231011:32 PM D AMT State Route 23 shall be constructed prior to issuance of the first building permit for the residential dwelling unit. An encroachment permit shall be obtained from Caltrans prior to construction of any proposed roadway improvements. Any additional right -of -way required to implement the approved design for this entrance intersection shall be acquired by the applicant and dedicated to the State in a manner acceptable to Caltrans and the City Engineer. All required dedications shall be illustrated on the Final Vesting Map. Proof of encroachment or other non -City permits and bonds shall be provided to the City Engineer. o. Entry monumentation that does not interfere with sight- distance or turning movements shall be incorporated into the project entrance planning. Landscaping shall be provided appropriate to the entry that will not interfere with sight- distance or turning movement operations. To the degree feasible, the entrance landscaping shall extend along the full frontage of the project to provide traffic calming consistent with current landscape design practice. The final design for the project entrance shall be reviewed and approved by the City Community Development Department Director and the City Engineer prior to the issuance of building permits. The turning and acceleration lanes provided along Route 23 at the project entrance shall be no less than 12 feet wide. p. To offset concerns about dual public access to this project,-the design shall be modified to ensure a properly designed connection of the West Pointe project to the proposed City street system to the south. Planned connections to the Specific Plan 1 street grid shall be developed in concept prior to final approval of the Tentative Map. Costs associated with the development of this interconnection shall be estimated to the Page 45 of 67 S:ICommunity DevelopmentlEveryonelResoNiHons and ConditionsOEVELOPMENT CONOITIONSIWest Pointe - CONDITIONS.doc Revised on OW3101 1.32 PM 1 *0017 -4 satisfaction of the City Engineer. No more than / 2/3 of the total project unit count or 165 units (if 250 units are approved) shall be permitted to be built until completion of this roadway connection. If the applicant so chooses, a temporary connection to Casey Road shall be completed at applicant expense. If such a temporary connection is provided, a bond or other acceptable form of surety adequate to fund this eventual southern connection (to the boundary of the West Pointe Project) shall be required prior to the issuance of grading permits. This item shall be addressed in the project Development Agreement. q. Low intensity night lighting shall be required within the streetscape and at intersections to the satisfaction of the City Engineer. Lighting standards shall be rural in nature, low in profile, and shall be minimized along street corridors. More intensive lighting is appropriate at intersections within the project boundary but this lighting shall be only sufficiently intensive to provide for vehicle and pedestrian safety. The project entrance lighting should emphasize low intensity landscape feature up lighting of accent landscaping plants. Standard approach lighting within the Walnut Canyon Road Corridor shall comply with Caltrans design standards. Front and rear yard lighting restrictions shall be included in the project CC &Rs and Planned Development Permit conditions. r. 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 shall not be accepted by the City for maintenance until completion, unless otherwise determined by the City Engineer and Director of Community Development. Page 46 of 67 SAConumnity DevelopmenAEveryonelResoMions and ConditionslDEVELOPMENT CONDITIONSIWest Pointe - CONDMONS.doc Revised on 02123101 1.32 PM OBIff S. All streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision). t. 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. The City Engineer and the Director of Community Development shall approve all driveway locations. The Developer shall dedicate any additional right -of -way necessary to make all of the required improvements. U. Developer shall provide roadway improvement as follows: i) "A" Street (Public Street Collector) - per Ventura County Standard Plate B -4A, 60 feet right of way, 12 feet traveled lanes, 8 feet bike lanes, 10 feet parkways with 5 feet wide sidewalks. ii) Private Streets (Collector) - per Ventura County Standard Plate B -4A, 60 feet right of way, 12 feet traveled lanes, 8 feet bike lanes, 10 feet parkways with 5 feet wide sidewalks. iii) Includes the following streets: Portion of "B" Street from "A" street to "'W Street; Portion of "E" Street from "I" street to "K" Street; "I" Street; "K" Street from "I" Street to "0" Street; and "O" Street. iv) Private Streets (Cul -de -sacs) - per Ventura County Standard Plate B -4C, 52 feet right of way, 12 feet traveled lanes, 4 feet bike lanes, 10 feet parkways with 5 feet wide sidewalks. The cul -de -sac head shall be designed per Ventura County Standard Plate C -3. Rolled curbs shall be allowed provided no design /drainage constraints prevent their use. Page 47 of 67 S:1Community DevelopmentlEveryonelResolutions and ConditionsOEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS.doc Revised on 02/231011:32 PM , ") 0 s e BRIff v) Includes the-following streets: Portion of "B" Street from "D" street to south of "C" Street; "C" and "D" Streets; Portion of "E" Street from "I" Street to westerly end; "F", "G ", % %H" "J" Streets; Portion of "K" Street from "I" Street to southerly terminus; Portion of "K" Street from "0" Street to easterly terminus; and "L ", "M" and "N" Streets. V. Driveways shall be designed in accordance with the Latest Ventura County Road Standards. W. The Developer shall provide slope easements for road maintenance purposes 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 include the area covered by the cut slope plus 5 feet and fill slope plus 5 feet. X. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. Y- 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. Z. 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 over six (6) feet high are to be submitted to and approved by the Director of Community Development and the City Engineer. aa. The Developer shall offer to dedicate to the City of Moorpark access easements over all streets to provide access for all governmental agencies providing public safety, health and welfare. Page 48 of 67 S :ICommunity Deve4fnent EveryonelResolutions and Condi ionsIDEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS.doe Revised on 02/23/011:32 PM ©RAfT bb. The Developer shall dedicate vehicular access i rights to the City of Moorpark along "A" Street. CC. The Developer shall post sufficient surety guaranteeing completion of all site improvements within the development and offsite improvements required by the conditions as described herein (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. dd. Prior to recordation of final maps, proposed street names shall be submitted to the Fire District's Communications Center for review and approval. 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. ee. All lighting along the perimeter of natural areas, particularly street lamps, shall be downcast luminaries and shall be shielded and oriented in a manner that will prevent spillage or glare into the remaining natural and open space areas. Final lighting orientation and design shall be to the satisfaction of the City Engineer. All lighting proposed shall be consistent with Chapter 17.30 of the Municipal Code. 15. Drainage Requirements a. Prior to approval of the initial grading plan permit, the applicant shall submit to the City Engineer for review and approval, a Master Drainage and Flood Control Improvement Plan which identifies all required drainage and flood control improvements necessary to implement the. - proposed project. This plan shall be prepared to the satisfaction of the Moorpark City Engineer and the Ventura County Flood Control District. The plan shall identify all major improvements Page 49 of 67 SACommunity DevelopmentlEveryoneftsok&ons and CondbonslDEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS.doc Revised on 02/23/011:32 PM 00011�C�l N;Trh and typical drainage facilities for the project. The capacity, location, and size of all culverts, collection devices, energy dissipaters, and related improvements shall be designed to the satisfaction of the City Engineer and Ventura County Flood Control District. Capacity details for the construction of the on -site private detention basins and the regional flood control basin in Walnut Canyon shall be included in the Master Improvement Plan. All necessary permits required to implement the Improvement Plan shall be obtained from the County Flood Control District prior to City issuance of a permit for mass grading. No mass - grading permit shall be issued until the Master Plan is completed and approved. The Master Plan shall identify improvements that must be completed coincident with the initiation of mass grading. All improvements shall be constructed consistent with approved plans. b. The applicant shall make a pro -rata contribution to the mitigation of cumulative regional drainage deficiencies consistent with the remediation programs proposed in the Drainage Deficiency Study and adopted by the City. If a formal fee program to implement required drainage improvements is not adopted at the time of project approval, the applicant's pro -rata contribution to funding required regional improvements shall be included in the project Development Agreement. Payment of negotiated drainage improvement fees shall be required prior to issuance of building permits. C. 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 Page 50 of 67 SACommunfty DevelopmentlEve+yoneVesohitions and ConditionslOEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS.doe Revised on 02/23/011:32 PM 0 0 'L 4 BRAfl , sufficient surety guaranteeing the construction of all improvements. d. The plans shall depict all on -site and off -site drainage structures required by the City. e. The drainage plans and calculations shall indicate the following conditions before and after development: 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. f. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: i) All storm drains shall carry a 10 -year frequency storm. ii) All catch basins shall carry a 10 -year storm. iii) 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. g. All culverts shall carry a 100 -year frequency storm. h. Drainage facilities shall be provided such that surface flows are intercepted and contained in a storm drain system prior to entering collector or secondary roadways. i. 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. j. 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. Page 51 of 67 S:ICommunity DevelopmentlEveryonelResokkons and Cond tionsOEVEI-OPMENT CONDITIONSWest Pointe - CONDITIONS.doc Revised on 021231011:32 PM 5 G Its Miff k. Drainage grates shall not be used at any location accessible by pedestrian, bicycle or equestrian traffic. 1. An Assessment District shall be formed to maintain all NPDES facilities prior to recordation of any final map. M. 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. n. 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 system shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drains and easements outside the public right -of -way are to be privately maintained unless otherwise approved by the City Council or Flood Control District. o. 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. p. 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 to the satisfaction of the City Engineer. q. A hydraulic /hydrologic study shall be prepared which analyzes the hydraulic capacity of the . drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by Ventura County Flood Control and the Page 52 of 67 SACommunity DevelopmenAEveryoneWesohitions and ConditionsOEVELOPMENT CONDITIONS1West Pointe - CONDITIONS.doc Revised on 02123101 1:32 PM BNJIFT City of Moorpark, to support the proposed development. r. Improvements shall be constructed to detain drainage on -site when the drainage amount is between the ten -year and fifty year storm event. A rainfall intensity zone K shall be utilized in the design unless an alternate design intensity is approved by the City Engineer. S. The applicant shall demonstrate that surface drainage from the site shall not drain over the sidewalk or driveways. t. 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; ii) feasible access during a 50 -year frequency storm. iii) Hydrology calculations shall be per current Ventura County Flood Control Standards. iv) All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. U. The Developer shall provide for all necessary on- site and off -site storm drain facilities to the satisfaction of the City Engineer to accommodate upstream and on -site flows. Facilities, as shown on existing drainage studies and approved by the City Engineer, shall be delineated on the final drainage plans. Either on -site 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. Page 53 of 67 S:ICommunity DevelopmennEveryonelResolutions and ConddionsOEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS.doC Revised on 021231011:32 PM (( f -`� ; ; G 'ice' 00 .. ti' �.�' BUFT 16. National Pollutant Discharge Elimination System (NPDES) Requirements are as follows: a. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall submit a Storm Water Pollution Control Plan (SWPCP) to the satisfaction of the City Engineer. b. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm. Water Quality Management Program, NPDES Permit No. CAS004002. C. 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 entry of pollutants from the construction site into the storm drain system. d. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" e. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer 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 Developer shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP) f. The 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 Page 54 of 67 S:ICommunity DevelopmenAEveryoneWesohrdons and ConditionslDEVELOPMENT CONDITIONS1West Pointe - CONDITIONS.doc Revised on 02/13/01 1:32 PM f �00`tFI BRAfl five or more acres." The Developer shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. g. The 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. h. Prior to Final Vesting Map approval, applicant will provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, or underground oil and grease traps or other Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Because "ponds" within common areas could contain_ pollutants that may be harmful to wildlife, their design and location should be reviewed by a concerned conservation agency such as the California Department of Fish and Game or an independent biologist, prior to approval of the improvement plans by the City Engineer and Director of Community Development. The basins and traps would require periodic maintenance by the Developer or homeowners association. Provisions shall be made by the applicant to provide for maintenance in perpetuity. i. Prior to City issuance of the initial grading permit, the applicant shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require applicant to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite will not be allowed. Page 55 of 67 SACommunity DevelopmentlEveryonet9esolutions and ConditionsOEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS.doc Revised on 021231011.32 PM Miff j. The project construction plans shall note and incorporate that the contractor shall comply with the "California Storm Water Best Management Practice Handbooks" - Best Management Practices (BMPs) applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include the following: i) All onsite storm drain inlets shall be labeled "Don't Dump Drains to Arroyo ". ii) No outdoor vehicle maintenance shall be allowed. iii) All common area property shall be maintenance free of litter and debris. iv) All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. V) All common sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris from entering the storm drain. No cleaning agent must be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review and approval of the County Waterworks District No. 1. vi) If required by the BMP's, grease interceptors shall be installed in all onsite and offsite storm drain inlets. In the event such grease traps are required to be installed in any onsite inlet, the - Developer shall provide the City with a maintenance program for such devices. The CC &R's shall include a requirement that the Developer shall maintain such grease Page 56 of 67 S:ICommunity DevelopmentlEveryonelResolutions and ConditionslDEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS.doc Revised on 02/23(011:32 PM DRAfI interceptors in a manner consistent with requirements of the Maintenance Program. D. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS: 1. Spark Arrestor: An approved spark arrestor shall be installed on the chimney of any structure(s). 2. Prior to the recordation of the Final Map, the applicant shall retain a certified fire management professional to prepare a Fire Hazard Reduction Program; this program shall be prepared in consultation with the County Fire Protection District and shall be approved by the City Community Development Director. The certified fire management professional shall be familiar with the objectives of fuel management in wildland -urban interface. A native plant specialist shall participate in the development of the fuel management program. The program shall apply to all lands within 200 feet of the proposed residences comprising the project (or as amended by the certified fire professional based on fuel modification factors acceptable to the County Fire Protection District). 3. The vegetation management requirements of the Fire Hazard Reduction Program shall be clearly defined. The proposed West Pointe Homes Homeowners` Association (HOA) shall be responsible for implementing this program in perpetuity. Fuel modification zones are proposed to be retained in as natural a state as safety and fire regulations will permit. The zones will 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 City Community Development Director, to appear as a transition between the built environment and natural open space. Final approval of this Program by the County Fire Prevention District and City Community Development Director shall be required prior to the recordation of the Final Map. Appropriate language shall be included on the Final Page 57 of 67 SACommunity Deve/opmentlEveryonelResotutions and ConditionslDEVELOPMENT COND1T10NSIWest Pointe - CONDMONS.doc Revised on 02/23(011:32 PM BRAf1` Map indicating the boundary of all areas of fuel modification hazard zones. 4. All structures adjacent to open space around the perimeter of the project shall be designed to satisfy at least a one -hour fire- resistant rating. Such structures shall incorporate fire retardant features including boxed -in eaves, reduced overhangs, double paned windows, convection resistant roof design, non- combustible roofing material, and related design features. Building permits shall not be issued until review of fire retarding architectural features has been completed by the County Fire Protection District. Alternatively, design standards meeting Fire Department criteria could be included in the Fire Hazard Reduction Program and incorporated into the RPD Design Guidelines for the residential units. 5. If required by the Fire Protection District, Interior fire sprinkler systems and /or roof sprinkler systems shall be included in the homes constructed on Lots 156 to 207 (or any lot adjacent to the unmodified open space west of the project if these lots are renumbered prior to recordation of the Final Map). 6. The applicant shall be required to comply with all County Fire Protection District design requirements regarding hydrant locations, fire ratings for building materials, fuel modification requirements, fee payments for pro -rata cumulative impacts and other standard fire safety requirements prior to issuance of building permits. The City shall not issue building permits until plan review and approval has been obtained from the County Fire Protection District. 7. During all grading and site clearance activities, earth moving equipment shall be equipped with spark arrestors and at least two fire extinguishers. All equipment used in the vegetation clearance phase shall. be equipped with spark arrestors and best available fire safety technology. The vegetation clearance activities shall be coordinated with and approved by the County Fire Protection Division. Page 58 of 67 S:1Comrnundy DevelopmenBEvegonelResoWons and ConditimslDEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS.doc Revised on 02/231011:32 PM x.."00 1 �� BRIfT 8. All equipment and material staging activities shall be coordinated with the County Fire Prevention Division. Fire prone construction activities shall be prohibited during "Santa Ana" wind conditions. 9. If deemed necessary by the District, the project shall include a heliport and associated fire suppression equipment storage. Any heliport facilities shall be indicated on the Final Map for the project. 10. Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. The method of gate control shall be subject to review by the Bureau Fire Prevention. A minimum clear open width of 15 feet in each direction shall be provided. If gates are to be locked, a Knox System shall be installed. 11. Prior to recordation of street names, proposed names shall be submitted to the Fire Department Communication Center for review and comment. 12. Street signs consistent with County Road and Fire District Standards shall be installed prior to occupancy. 13. Prior to construction, the applicant shall submit plans to the Ventura County Fire Prevention Division for the approval of the location of fire hydrants; all hydrants shall be shown on the plan that are situated within 500 feet of the perimeter of the residential development. 14. A minimum fire flow of 1,000 gallons per minute shall be provided. The location and capacity of all water storage and conveyance facilities shall be reviewed and approved by the,District prior to the recordation of the Final Map and prior to the issuance of building permits. 15. Address numbers, a minimum of 4 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 150 feet from the street, larger numbers will be required Page 59 of 67 SACommunity Development lEveryonelResokrtions and ConditionslDEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS.doc Revised on 02/23/011:32 PM BNJIT so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posed adjacent to the driveway entrance. 16. Portions of this development within a designated hazardous fire area shall meet hazardous fire area building code requirements. 17. The applicant shall be required to make a pro -rata fee contribution to the provision of fire protection services. This fee shall be established prior to certification of the Final EIR and shall be used to fund.the construction, operation, or maintenance of fire suppression facilities in the project vicinity. 18. Approved turn around areas for fire apparatus shall be provided where any access road is 150 feet or more from the main project collector. a. Each hydrant shall be a 6 inch wet barrel design, and shall have one 4 inch and one 2 1/2 inch outlet. b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 500 feet on center, and so located that no structure will be farther than 250 feet from any one hydrant. d. Fire hydrants shall be 24 inch on center, recessed in from the curb face. 19. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. These standards specify: (FD - Map and RPD) 20. All grass or brush exposing any structures to fire hazards shall be cleared for a distance of 100 feet prior to framing. Page 60 of 67 S:1Community DevelopmentlEveWelResobtions and CondiGonsIOEVELOPMENT CONDITIONSIWest Pointe - CONDMONSADc Revised on 02123M 1:32 PM /�. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS: 1. 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. f. Fees: Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. g. Signed Contract to Install, and Surety Bond. F. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS: 1. 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. 2. Cross Connection Control Devices: At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. 3. Applicant shall obtain VCFD Form No. 126 "Requirements. for Construction" prior to obtaining a building permit for any new structures or additions to existing structures. Page 61 of 67 S:ICommunity DevetopmentlEveryonelResoGdions and CondiUonsIDEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS.doc Revised on 02/23/011:32 PM 0 00 - .19 ( W JA G. POLICE DEPARTMENT CONDITIONS: � 1. Prior to issuance of building permits for either the residential or recreational components of the project, the Moorpark Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. To the degree feasible, public safety planning recommendations shall be incorporated into project plans. The applicant shall prepare of list of project features and design components that demonstrate responsiveness to defensible space design concepts. The City Community Development Director shall be responsible for review and approval of all defensible space design features incorporated into the project. This review shall occur prior to initiation of the plan check process for either residential or commercial buildings. 2. Enforcement of Vehicle Codes: 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. H. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS: 1. Prior to issuance of building permits for either the residential or recreational components of the project, all legally mandated school impact fees applicable at the time of Final Map Recordation shall be paid to the Moorpark Unified School District. I. AFFORDABLE HOUSING REQUIREMENTS: 1. Prior to issuance of building permits, shall enter into an Affordable Housing the City that sets forth the procedure affordable housing requirement of 10% number of approved dwelling units. Page 62 of 67 the applicant Agreement with for meeting his... r the total SACommuno DevelopmenAEveryonelResolutions and Cond&msIDEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS. doc Revised on 02/23/011:32 PM BRIff J. FEES TO BE PAID: 1. Park and Recreational Facilities Fee: 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) . 2. Citywide Traffic Mitigation Fee: As a condition of the issuance of a building permit for each residential use within the boundaries of the Tract Map, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. On the effective date of recordation of the Final Map, the amount of the Citywide Traffic Fee shall be the per residential unit as specified in the Development Agreement with any specified annual increases. 3. Development Fee: As a condition of the issuance of a building permit for each residential use within the boundaries of the Vesting Tentative Tract Map, Developer shall pay City a development fee as described herein (the "Development Fee "). The Development Fee may be expended by City in its sole and unfettered discretion. On the effective date of recordation of the Final Map or the first phase thereof, the amount of the Development Fee shall be the amount as specified per residential unit in the Development Agreement with any specified annual increases. 4. Community Services Fee: As a condition of issuance of a building permit for each residential within the boundaries of the Tract Map to implement the adopted Specific Plan, Developer shall pay City a community services fee as described herein (Community Services Fee). The Community Services Fee may be expended by City in its sole and unfettered discretion. The amount of the Community Services Fee shall be the per residential unit amount as specified in the Page 63 of 67 S:ICommunify DevelopmentlEveryonelResotutions and CanditionslDEVaOPMENT CONDI7IONS1West Pointe - CONDITIONS doo Revised on 021231011:32 PM BNJIT DevelopmerZ Agreement with applicable annual increases. 5. Venturian Coastal Sage Scrub Community Research Contribution: Prior to approval of the final map, the applicant shall pay to the City a contribution as specified in the Development Agreement and participate in the Venturan Coastal Sage Scrub Community research program initiated as a Mitigation Measure.for the Moorpark Country Club Estates project. 6. Miscellaneous Fees: Applicant shall pay to the City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees shall include but not be limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Further, unless specifically exempted by City Council applicant is subject to all fees imposed by City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 7. Trail Construction: Developer at its sole cost and expense shall construct the public and private trail system identified in the Vesting Tentative Tract Map, including inspection and City administrative costs. Developer shall also at its sole cost and expense prepare a design, plans, and specifications for submittal to City. City shall approve design and plans and specifications at its sole discretion. The required improvements shall also include construction of equestrian crossings at or near street intersections as determined necessary by City at its sole discretion. Developer shall at its sole cost and expense provide to City a cash deposit as determined by the City. 8. Contribution for Endangered Wildlife Species Breeding: Prior to issuance of Zoning Clearance for the first Page 64 of 67 S:ICommunily Development EveryonelResolutions and CondffiwslDEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS.doc Revised on 02/23/011:32 PM U 0 () 19 1 ©RAFT residential unit, the applicant shall contribute $30,000 for funding endangered wildlife species breeding, predator trapping, or other support programs undertaken by the US Fish and Wildlife Service or by appropriate private conservation institutions actively seeking to restore the status, range, or abundance of any of the rare, special interest, or endangered species that have occurred or have the potential to occur within the project boundary. This contribution shall be coordinated with the US Fish and Wildlife Service. Evidence of contribution approved by the Service shall be presented to the City prior to the issuance of building permits. 9. Species Research Contribution: Prior to the issuance of a Zoning Clearance for Construction, the applicant contribute $15,000 towards the City's sensitive species research program (established as a component of the mitigation plan for the Moorpark Country Club Estates project). 10. Traffic System Management Plan: 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 $1,443.66 per residential dwelling unit) to fund TSM programs or clean -fuel vehicles programs as determined by the City. 11. Outstanding Case Processing Costs: 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 residential structure. 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. 12. Prior to issuance of a building permit, the Developer shall pay to the City the Area of Contribution (AOC) Fees (Los Angeles Avenue AOC - $2,772 per unit and Gabber Road /Casey Road AOC - $1.560 per residential Page 65 of 67 SACommunity DevelopmentlEveryonelReso lutions and ConditionslDEVELOPMENT CONDITIONSWest Pointe - CONDMONS.doc Revised on 02/23/011:32 PM 0-00'1 Miff unit), or the applicable dollar amount in effect at the time the fee is paid. 13. The applicant shall contribute to any cumulative traffic fee program adopted by the City prior to issuance of the first residential building permit for the project. At this time, relevant fee programs exist only for the Los Angeles Avenue Area of Contribution (AOC). Fees shall be paid in accordance with AOC procedures in effect at the time of building permit issuance. In addition to the AOC fee (which only addresses improvements along the Los Angeles Avenue Corridor), the developer shall be required to make similar pro -rata contributions to any other traffic mitigation related pre - construction impact fees approved by the City Council to offset the long term effects on the City's street system. If the residential portion of the project is constructed prior to the adoption of any such additional mitigation fee programs being adopted, then, for impacts to intersections outside of the Los Angeles Avenue Area of Contribution, a proportionate share of future improvement costs shall be collected for locations where project traffic has a measurable effect on cumulative traffic volumes. The City Traffic Engineer and Community Development Department Director shall determine the required contributions prior to issuance of building permits. Fees shall be paid prior to the issuance of these permits. 14. The Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. K. MISCELLANEOUS CONDITION: 1. All water impoundment(s) shall be maintained in a manner which will not create mosquito breeding sources. Page 66 of 67 S:ICommunity DevelopmentlEveryonelReso/utions and Condi0onslDEVELOPMENT CONDITIONSIWest Pointe - CONDITIONS.doc Revised on 021231011:32 PM ©fljfI L. BUILDING DEPARTTM"NT CONDITIONS: 1. SR -23 and SR -118 arterial bypass roadways are planned for future development and that homes adjacent to these roadways will be subject to intrusive noise from traffic. 2. Agricultural operations exist in the vicinity of this subdivision, and homes constructed in this area may be subject to increased noise, odors, and impacts caused by aerial spraying and other agricultural tasks. Page 67 of 67 &ICommunily DeveloprnentlEveryonelResolutions and CondiGonsIDEVELOPMENT CONDITIONSIWest Pointe - CONDMONS.doc Revised on 021231011:32 PM 0 001x, MOORPARK CITY COUNCIL AGENDA REPORT TO: The Honorable City Council FROM: Steven Kueny, City Manager VZ DATE: July 12, 2001 (CC Meeting of July 18, 2001) SUBJECT: Settlement Agreement with West Pointe Homes, Inc. Regarding Time Extension for Tentative Tract Map 4620 Tentative Tract Map 4620 was originally approved on January 9, 1991. Through a series of state mandated and city discretionary time extensions consistent with the State Subdivision Map Act, the Tentative Map approval has been extended until February 9, 2002. As referenced in the recitals contained in the Settlement Agreement, the City and West Pointe are avoiding a legal dispute concerning any further time extension for the Tentative Map and any City obligation to process the Final Map in phases. In addition, West Pointe agrees to accept an additional condition of the Map pertaining to improvements on Walnut Canyon Road. STAFF RECOMMENDATION: Approve the Settlement Agreement subject to final language approval of the City Manager and City Attorney and authorize the Mayor to execute it on behalf of the City. SK:db Attachment: Settlement Agreement M: \ccagenda \West Pointe Homes 0718 2001 0-0019-S SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT ( "Agreement ") is made and entered into as of the day of July, 2001, by and among the CITY OF MOORPARK, a general law city ( "City "), on the one hand, and WEST POINTE HOMES, INC. a Nevada Corporation ( "West Pointe ") on the other hand, with reference to the following facts and circumstances. City and West Pointe may hereinafter be referred to individually as "Party" and collectively as "Parties." RECITALS 1. West Pointe is in the process of satisfying the conditions of approval for Tentative Tract Map 4620, which was originally approved on January 9, 1991. Absent additional extensions, Tentative Tract Map 4620 will expire on February 9, 2002. 2. West Pointe intends to file with the City a final map application for a phase of Tract 4620 within the next ninety (90) days (the "Phase 1 Map's. 3. The conditions of approval for Tract 4620 and the Moorpark Municipal Code require West Pointe to construct, improve or finance the construction or improvement of more than $125,000 of public improvements outside the property boundaries of the tentative map, excluding improvement of public rights -of -way which abut the boundary of the property to be subdivided. 4. Pursuant to Government Code section 66458, the City is obligated to process final map applications within a very limited time frame, unless such time frame is waived. 5. Given the volume of development entitlements that City staff is currently processing, City does not anticipate being able to process the Phase 1 Map within the statutorily mandated time frames, absent a waiver by West Pointe. 6. By this Agreement, the Parties intend to avoid a legal dispute concerning the City's obligations with respect to the processing of the Phase 1 Map, as well as clarify the Parties' understanding of the effect filing of the Phase 1 Map will have on the expiration date of Tentative Tract Map 4620. IN CONSIDERATION of the foregoing and the provisions set forth herein, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties to this Agreement agree as follows: 1. PHASING OF FINAL MAP. Pursuant to California Government Code section 66456. 1, the City of Moorpark concurs in the filing of multiple final maps for Tract 4620. July 10, 2001 draft 2. EXPIRATION OF TENTATIVE MAP. Based upon the Recitals set forth herein, for purposes of Government Code section 66452.6(a)(1), the City confirms that should West Pointe file the Phase 1 Map prior to October 31, 2001, the approved Tentative Tract Map for Tract 4620 shall be valid through February 9, 2005, 36 months after its present expiration date. For purposes of this section, the Phase 1 Map shall be deemed filed upon delivery to the City Engineer with payment of applicable fees. 3. WAIVER OF APPROVAL DEADLINES. The City's determinations set forth herein are contingent upon a waiver by West Pointe of any processing or approval deadlines set forth in State law, including, but not limited to, Government Code Section 66458, or the Moorpark Municipal Code with respect to the Phase 1 Map. West Pointe agrees and understands that City may not be able to process the Phase 1 Map for several months, absent the hiring of additional staff at West Pointe's cost for purposes of such processing. West Pointe further agrees and understands that it shall be West Pointe's obligation to request and pay for expedited processing of the Phase 1 Map, and absent such request and payment, City shall process the Phase 1 Map in due course. 4. ADDITIONAL CONDITION FOR TRACT 4620. Both parties agree to the addition of Condition No. 121 to those conditions contained in City Council Resolution No. 91 -731 as follows: Applicant shall post a bond or other appropriate surety for their proportionate share of public street and drainage improvements to Walnut Canyon Road from Casey Road to the north city limits as proposed by the Walnut Canyon Road Corridor Study. Applicant's proportionate share shall also be defined to include frontage along Walnut Canyon Road for a distance of 500± feet south of the southeasterly corner of the subject property as shown on the Tentative Map for Tract 4620. The extent of the improvements and or the amount and type of surety to be posted shall be determined by the City and posting of said surety shall occur prior to approval of the first Final Map, and construction of applicant's portion of the improvement shall occur prior to the occupancy of the first residential unit in Tract No. 4620. 5. MUTUAL RELEASES. West Pointe and City, and each of them, on behalf of themselves and their successors and assigns, partners, members, beneficiaries, representatives, heirs, executors, administrators, trustees, agents, attomeys -in -fact, and anyone claiming an interest through or under such person, and on behalf of their predecessors and successors in interest regarding the subject matter hereof, do by this instrument fully and forever July 10, 2001 draft e 001 ; t;' remise, release and discharge (the "Release ") the other party and any parent, subsidiary, division, affiliated or related companies, and each of their respective partners, officers, directors, agents, employees, stockholders, beneficiaries, attorneys, representatives, successors, assigns and heirs, from any and all sums of money, accounts, claims, demands, contracts, actions, debts, controversies, agreements, liabilities, obligations, damages and causes of action whatsoever, of whatever kind or nature, whether known or unknown, fixed or contingent, or suspected or unsuspected by them which any of them now owns, holds, has or claims to have, or at any time heretofore owned, held, had or claimed to have against the others, including specifically but not exclusively and without limiting the generality of the foregoing, any and all claims, damages, demands and causes of action, known or unknown, suspected or unsuspected by reason of any matter or thing alleged or referred to, or directly or indirectly or in any way connected with or arising out of or which may hereafter be claimed to arise out of the matters covered by this Agreement. Matters not specifically recited or contained within this Agreement are expressly excluded herefrom. Further, this release shall not pertain to any fees required to be paid by West Pointe in connection with the filing of the final map for Phase 1, nor shall it pertain to any costs required to be incurred in connection with satisfaction of the conditions of approval for Tract 4620 or compliance with the Moorpark Municipal Code. 6. WARRANTY OF AUTHORIZED SIGNATORIES. Each of the signatories hereby warrants and represents that he, or she is competent and authorized to execute this Agreement on behalf of the party for whom he or she purports to sign. 7. EXECUTION OF COUNTERPARTS. The parties hereto agree that this Agreement may, for the convenience of the parties, be executed in counterparts and that it is the intent of the parties that the copy signed by a party will be fully enforceable against that party. 8. MISCELLANEOUS. (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, or contesting the validity or enforceability 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. July 10, 2001 draft (c) Integrated Agreement. This Agreement is an integrated Agreement and constitutes the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements, communications, representations, or warranties, whether oral or written, by any party or any agent, officer, partner, employee, or representative of any party. (d) 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. (e) 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. (f) 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. (g) Good Faith Settlement. The parties hereto acknowledge and agree that the settlement embodied in this Agreement is made in good faith. (h) 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: To City: City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Attention: Steven With a copy to: Burke, Williams, & Sorensen, LLP 611 West Sixth Street, Suite 2500 Los Angeles, California 90017 -3102 Attention: Joseph M. Montes, Esq. To West Pointe: West Pointe Homes, Inc. Attention: 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 July 10, 2001 draft ( —! 0 () ;t 9 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. (i) 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. 0) 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. (k) 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. (1) 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. (m) Assistance of Counsel. West Pointe 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 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. IN WITNESS WHEREOF, the undersigned each has executed this Agreement as of the date first above written. July 10, 2001 draft CITY OF MOORPARK WEST POINTE HOMES INC. By Steven Kueny Attest: By M:\Agreements \Westpointe settlement agreementv2 07 2001 By July 10, 2001 draft . C0V,�,,03- C n� c m A A k W V A 04 ro a+ 0 a 0 E 'u ro ro a 0 N d Q G1 c w E 4 *1 CL uiC o V Q LLJ w ui vs a A A k W V A 04 ro a+ 0 a 0 E 'u ro ro a 0 N d Q G1 c w E 4 *1 5 CALF- 1" =100' 1220 Lr Z TANK. Y47AO " 41 TANK TOTAL arr: w, 5sT FLL: JR.-M-8 RECEIVED I SEP 12 2001 C11YOlMoorpark Grading and Access modifications - Page 1 C) (0 (�) 0) M coO C� (p 8? 1? 1�1 19) lll� 10 10) ,- '�6 lb 00 t� 05 Cb 00 CO Om ;! j/ 'Z (0 41 09 cr QD 00 fell L \C6 OZ4 45 1� e..V 00 ti r1 N 940 ------ 4T 9 V I 40 L4 �c • ?��.b ' 1Y oo -U p -6aa' 2.0 _._ ___ (p. V. T. } �S £L6'6 JS gvV j 6WOt 1v _ �0s8 d -V9L 3d �38L d 6L 3d JS nz d 00 9� g 35 8 3d �Og c, � Li+ - q I! 4� s �s LLa'o tzZ'6 -JS Ztb 6 dS gBZ, s 6L 3d L6L h' -? `� << s °1 a£t'ot 3s opt a 06L 3d; d :: Z48� �d BL 3d 98L 3 Jj 8 _ °� �" co � �S 699'8 JS 918 �a s 88 , JS £6a'at d 8� Cdr �s b8L t'zt t63d 88L 3 Z6L 3d 409 4 •�i +_....4V .r 1 S� fib EM, 10 PRELIMINARY LANDSCAPE DESIGN PLAN MAP NO. 5187 '- WFSl POINTE HOMES, INC 960 WEST LAKE BOULEVARD. SUITE 204 WESTLAKE VILLAGE CA 91361 'M rilIy MI'10 3 Z T r � ;6 p RFCREATION CENTER w �����t 4 t . �: IIAT ADjAUN. MAINT 1 ENHANCE z tea T P f ile at.�� s`crs�� ,}� g;{ �" s.'�rr,, aY5 �. E '. 4F• {..1`rN !� +5.i' _ e� �+ , �n 4 pVl .Cya Lr^2 �'a * •�'� ^dds. �p'g $ k�y_�+F' gW , t _ j e Vii'.• �r�.� � r'r:. `� W "N'W, � fax d{{� WEST POINTE HOMES, INC. West Pointe at North Ranch Moorpark _�a C rafrsm a n Country French RPD DESIGN GUIDELINES TRACT 5187 APPLICATION PACKAGE FOR THE CITY OF MOORPARK RESIDENTIAL PLANNED DEVELOPMENT RPD 99 -02 IN CONJUNCTION WITH GENERAL PLANAMENDMENT 99 -01 VESTING TENTATIVE TRACT MAP 5187 ZONE CHANGE 99 -01 AND PROJECT EIR RE: ITEM 9.A. Revised September 18, 2001 (Planning Commission and Community Development Director Changes) �s is C rafrsm a n Country French RPD DESIGN GUIDELINES TRACT 5187 APPLICATION PACKAGE FOR THE CITY OF MOORPARK RESIDENTIAL PLANNED DEVELOPMENT RPD 99 -02 IN CONJUNCTION WITH GENERAL PLANAMENDMENT 99 -01 VESTING TENTATIVE TRACT MAP 5187 ZONE CHANGE 99 -01 AND PROJECT EIR RE: ITEM 9.A. Revised September 18, 2001 (Planning Commission and Community Development Director Changes) �s is ¢ WEST POINTE HOMES, INC. Table of Contents I. Project Summary Page 1 II. RPD Goals & Objectives Page 1 III. Purpose of the RPD Document Page 2 IV. Architectural Theme Page 3 IV. Architectural Theme Exhibits Page 4 V. Architectual Guidelines Page 16 VI. Site Planning - Street Scene Page 21 VII. Energy Saving Devices Page 22 VIII. Landscape & Hardscape Design Page 23 Color & Materials Garage Configurations Appendix A Appendix B SCREENCHECK FINAL ENVIRONMENTAL IMPACT REPORT West Pointe Homes 250 Unit Residential Project In Walnut Canyon City of Moorpark (State Clearinghouse No. 94081075) Vesting Tentative Tract No. 5187 Residential PD Permit No. 99 -02 General Plan Amendment No. 99 -01 Zone Change No. 99 -01 Prepared for: THE CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Wayne Loftus Community Development Director (805) 529 -6864 Prepared by: THE PLANNING CORPORATION P.O. Box 20250 Santa Barbara, California 93120 (805) 472 -2266 Email: Plan ningcorp(cDmind spring. com October 2001 RE: ITEM 9.A. SEP 2 4 2001 Cil Mwz TABLE OF CONTENTS Chapter Title Paae 1. Introduction .................................................................................. ..............................1 Subjectand Scope ....................................................................... ..............................2 ImpactClassifications ................................................................. ..............................2 Initial Study and EIR Determination ............................................. ..............................3 Use of the Document by the City of Moorpark .............................. ..............................4 Standards of Analysis and Technical Appendices ........................ ..............................4 Use of Incorporation by Reference .............................................. ..............................5 Document Forman and Issue Orientation .................................... ..............................5 EIR Availability- Review Copies, Purchase, and Email Submissions of Comments .....6 2. Summary Table of Impacts and Mitigation Measures Significant Unavoidable Impacts (Class 1) ..................................... ..............................1 Significant Environmental Impacts (Class II) ................................. ......... ......................6 Mitigation Measures Proposed by the Applicant Into theProject Description ............................................................... ..................•..........38 Environmental Impact Summary of Project Alternatives Analysis .............................40 3. Narrative Summary of the EIR ProjectDescription ...................................................................... ..............................1 Land Use Consistency with the City's General Plan ..................... ..............................6 Environmental Consequences of the Proposed Project .............. .............................15 AltemativesAnalysis .................................................................. .............................21 4. Project Description Application Filed and Actions Requested ............................................................ 2 Project Application History .................................................... ..................•...........2 Requested Approvals and Entitlements ............................... ..............................4 West Pointe Homes Property: General Physical Description .............................. 5 Project Goals, Objectives and Components ........................ ............................... 9 Infrastructure Development for the Project .......................... .............................16 Project Synopsis and Statistical Description ........................ .............................18 Cumulative Developments: Data Base for Impact Analysis .............................. 21 Mitigation Measures Incorporated Into the Project Description .........................22 !r: 5. Land Use and Planning Considerations Land Use Issues: General Considerations .......................... ..............................1 Unresolved Issues Concerning the Proposed Project .......... ..............................2 Project Compatibility with Surrounding Land Uses .............. .............................10 Agricultural - Residential Incompatibilities ............................ .............................11 Project Consistency with the City's General Plan ................ .............................12 General Plan Consistency Issues Related to Circulation Planning ....................32 Other City Planning and Resource Management Concerns ............................. 37 Project Consistency with Regional and County Genera Plan Programsand Policies ......................................................... .............................39 Land Use and General Plan Consistency Mitigation Measures .........................42 6. Geologic and Seismic Hazards ExistingConditions .............................................................. ..............................1 Significance Thresholds ....................................................... ..............................1 Impacts............................................................................... ............................... 2 MitigationMeasures ............................................................ ..............................8 References and Technical Data .......................................... .............................11 7. Air Qualify ExistingConditions .............................................................. ..............................1 Significance Thresholds ....................................................... ..............................2 Impacts................................................................................ ..............................4 MitigationMeasures ........................................................... .............................13 References and Technical Data .......................................... .............................15 References......................................................................... .............................19 8. Groundwater Supplies and Surface Water Quality ExistingConditions .............................................................. ..............................1 SignificanceThresholds ....................................................... ..............................3 Impacts................................................................................ ..............................4 Mitigation Measures ........................................................... .............................10 4- i10 9. Drainage, Hydrology and Flood Control Facility Planning i ExistingConditions .............................................................. ..............................1 SignificanceThresholds ....................................................... ..............................2 Impacts................................................................................ ..............................4 Mitigation Measures ............................................................ ..............................6 References and Technical Data ................................ ............................... Drainage Area Tributaries ..................................................... ..............................9 DetentionRequirements ...................................................... ..............................9 Flood Hazard Zones and Bank Protection ............................ .............................10 Summary of Net Changes Resulting From Development .... .............................10 10. Biological Resources ExistingConditions .............................................................. ..............................1 Significance Thresholds ...................................................... ...................•.........11 Impacts............................................................................... .............................16 MitigationMeasures ........................................................... .............................31 References and Technical Data .......................................... .............................38 11. Noise ExistingConditions .............................................................. ..............................1 Significance Thresholds ...................................................... ............................... 2 Impacts................................................................................ ..............................4 Mitigation Measures ........................................................... .............................10 12. Fire Hazards and Fire Suppression ExistingConditions .............................................................. ..............................1 Significance Thresholds ...................................................... ..............................2 Impacts................................................................................ ..............................2 MitigationMeasures .................•................................•...•..... ..............................6 Technical Data and References .......................................... ..............................9 References......................................................................... .............................12 -iii- 13. Growth Inducement and Impacts on City Jobs: Housing Balance ExistingConditions .............................................................. ..............................1 Significance Thresholds ...................................................... ..............................2 Impacts............................................................................... ............................... 3 MitigationMeasures ............................................................ ..............................8 References and Technical Data ......................................... ..............................9 14. Transportation and Circulation ExistingConditions .............................................................. ..............................1 Significance Thresholds ...................................................... ..............................7 Impacts............................................................................... ............................... 8 Mitigation Measures ........................................................... .............................25 15. Public Services and Utilities Domestic Water Services and Facilities .............................. ..............................1 Wastewater and Reclaimed Water Services and Facilities .. ..............................2 Educational Facilities and School Facilities .......................... ..............................3 Police and Emergency Services .......................................... ..............................6 Solid Waste Facilities and Planning ..................................... ............................... 7 Impacts................................................................................ ..............................9 MitigationMeasures ........................................................... .............................11 16. Aesthetics and Visual Resources ExistingConditions .............................................................. ..............................1 Significance Thresholds ...................................................... ..............................6 Impacts............................................................................... ............................... 8 Mitigation Measures ........................................................... .............................18 17. Cultural and Heritage Resources ExistingConditions .............................................................. ..............................1 Significance Thresholds ...................................................... ..............................4 Impacts............................................................................... ............................... 5 MitigationMeasures ............................................................ ..............................8 -iv- if 18. Insignificant Effects Issue 1: Agricultural Resources Issue 2: Light and Glare .......... 19. Alternatives 1 4 LegalBackground ........................................................................ ..............................1 Summary of Significant Project Specific and Cumulative Impacts ..............................2 Alternative 1: No Project ............................................. ..............................3 Alternative 2: Five Acre Estate Homes (Existing Project Design ( and Density) .............................................................. ..............................4 Alternative 3: Modified Infrastructure and Phasing Plan ............................. 9 Alternative 4 and 5: Reduced Project Size and Cluster Housing .............17 Altemative 6: Alternative Locations .......................... ............................... 24 Alternative 7: Applicant Analysis of Reduced Project Altematives ........... 25 Conclusions and Recommendations .......................................... .............................28 Consultant Recommendations ................................................... .............................30 20. Mitigation Monitoring Program Mitigation Measures Incorporated Into the Project Description ..... ..............................1 Geologic and Seismic Hazards ................................................... ..............................4 AirQuality ................................................................................... ..............................8 Groundwater Supplies, Reclaimed and Domestic Water Systems and SurfaceWater Quality ................................................................ .............................11 Drainage, Sediment Transport, and Flood Control Planning ....... .............................15 Biological and Botanical Resources ........................................... .............................18 Noise.................................................................................. .............................30 Fire Hazards and Fire Suppression ........................................... ............................... 32 Growth Inducement and Impacts on City Jobs: Housing Balance ............................. 39 Traffic and Transportation .......................................................... .............................40 Public Services and Utilities ....................................................... .............................47 Aesthetics and Visual Resources ............................................. ............................... 51 CulturalResources .................................................................... .............................57 InsignificantEffects .................................................................... .............................58 -w 21. Response to Comments on the Draft EIR Part 1: Topical Responses .......................................................... ..............................1 Topical Responses 1: Traffic Improvement Planning Along State Route 23 (Walnut Canyon) ......................................................... ..............................2 Topical Responses 2: Revisions to the Traffic Report for the Project .........4 Topical Responses 3: Land Use Effects Related to Street System and Dual Access Planning ................................................ ..............................5 Topical Responses 4: Applicant Reponses to Unresolved Planning Issues Outlined in Chapter 5 of the EIR (Land Use) ................ ..............................7 Part II: Responses to Written Comments From Public Agencies, Responsibility And Trustee Agencies and Members of the Public ...................... ..............................9 Appendices: Appendix 1 Project Applications, Notice of Preparation, Initial Study, and Responses to the Notice of Preparation Appendix 2 Soils and Geology Technical Report (Geolabs, May 1999) Appendix 3 Air Quality Computations (Impact Sciences, March 1999) Appendix 4 Project Summary, Hillside Ordinance Conformance Report, and Alternatives Proposed by the Applicant Appendix 5 Drainage, Hydrology, and Flood Control Planning Technical Report (Crosby Mead Benton and Associates, February 1999) Appendix 6 Biological Resources Technical Report/Jurisdictional Delineation (Impact Sciences, March 1999) Appendix 7 Noise Generation Technical Memorandum (Impact Sciences, 1999) Appendix 8 Transportation and Circulation Technical Report (Associated Transportation Engineers, November 1999) Appendix 9 Phase I and If Cultural Resources Inventory (Stephen Home, PhD., April, Atx and November 1998) Appendix 10 Applicant Submittals (Alternatives Analysis, Preliminary RPD Submittal, Conservation Easement Documention, Relevant Correspondence) -%4- low, List of Tables Chapter Title Page 2. Summary of Environmental Impacts, Mitigation Measures, Alternatives andCumulative Effects ................................................................ ..............................1 Significant Unavoidable Impacts (Class 1) ..................................... ..............................1 Significant Environmental Impacts (Class II and III) ...................... ..............................6 Mitigation Measures Proposed by the Applicant Incorporated Into the ProjectDescription ..................................................................... .............................38 Environmental Impact Summary of Project Alternatives .............. .............................40 4. Ornamental Plants to be Prohibited from the Wet Pointe Homes Project ..................24 5. Project Consistency with the Land Use Table Element ................ .............................15 Project Consistency with the Open Space, Conservation and Recreation Element ... 22 Project Consistency with the Circulation Element ........................ .............................24 Project Consistency with the Safety Element Policies .................. .............................29 Project Consistency with the Noise Element .............................. ............................... 31 7. Ambient Pollutant Concentrations Registered at the Simi Valley MonitoringStation ........................................................................ ..............................5 Existing Carbon Monoxide Concentrations ................................... ..............................6 Construction Emissions ................................................................ ..............................8 Estimated Project Average Daily Emissions ................................ .............................10 Existing + Project Year (Year 2001) Carbon Monoxide Concentrations .....................10 Year 2005 + Project Carbon Monoxide Concentrations ............... .............................13 Air Quality Fee Offset Contribution Schedule .............................. .............................15 8. Existing Waterworks District No. 1 Wells Extracting from the North Las Posas Groundwater Basin ........................................... ..............................4 Historic and Project Groundwater Extractions from the North Las Posas Groundwater Basin ..................................................... ..............................5 -vii- 9. Summary of 100 -Year Peak Discharges for the West Pointe Project .........................4 Ventura County Public Works Agency ......................................... ..............................8 10. Approximate Acreage of On -Site Plan Communities ..................... ..............................4 City of Moorpark Protected Trees present on the West Pointe HomesProject Site ..................................................................... .............................11 Biological Resource Values of Plan Communities - West Point HomesProperty .......................................................................... .............................18 Summary of Impacts to Plan Communities .................................. .............................19 City of Moorpark Protected Trees That will be Removed During ProjectImplementation ............................................................... .............................22 11. Typical Outside to Inside Noise Attenuation for Structures in California ......................2 Exterior Existing Off -Site Roadway Noise Levels at Noise - Sensitive Locations ......... 5 Typical Construction Equipment Noise Levels Before and After Mitigation ..................7 Predicted Future Roadway Noise Levels Adjacent to the Project Site .........................8 Project Traffic Noise Level Increases ........................................... ..............................9 Year 2005 Cumulative Noise Level Impacts ................................ .............................11 Year 2015 Cumulative Noise Level Impacts ................................ .............................12 12. Ventura County Fire Protection Services Serving the West Point Homes Project ........ 2 13. 1993 Ventura Council of Governments: Historic, Current and Future Population and Housing Figures .................................................. ..............................6 14. Existing (1998 Count Data) Levels of Service ............................... ..............................7 Project Trip Generation ............................................................... .............................10 Year 200 Plus Project Levels of Service on the Walnut Canyon Corridor ..................13 Year 2005 Levels of Service along the Walnut Canyon Corridor . .............................15 Year 2015 Levels of Service with Completion of State Route 118 Bypass ................18 Year 2015 Levels of Service without the State Route 118 Bypass ............................19 Year 2005 Levels of Service with Specific Plan 2 Improvements and Additional Recommended Mitigation ........................................... .............................27 -viii- 15. Moorpark School District Facilities Serving the West Pointe Homes Prcject ................4 Estimated Student Generation for the West Pointe Homes Project ............................ 5 Solid Waste Generation .............................................................. ............................... 9 Project Annual Electrical Demand for the West Pointe Homes Project ......................10 Project Annual Natural Gas Demand for the West Pointe Homes Project .................11 18. On-Site Soil Types Within the West Pointe Homes Project Boundary ........................2 19. Estimated Average Daily Emissions ............................................ .............................26 Trip Generation Projects ........................................................... ............................... 26 Alternative Densities: Levels of Service ....................................... .............................27 -ix- List of Figures Chaple r Title Page 4. Regional Setting .......................................................................... ..............................6 LocalSetting .............................................................................. ............................... 7 Ridgelines and Topography within the Project Boundary ............ .............................10 Revised Vesting Tentative Map No. 5187 ................................... .............................11 Development Area, Preserved Ridgelines and Proposed Debris Basin Location.................................................................................. .............................12 10. Overhead Riparian Corridors ....................................................... ..............................2 TreeLocation Map ...................................................................... .............................10 Preliminary Jurisdictional Delineation ........................................ ............................... 26 14. Street System in the Project Vicinity ............................................. ..............................3 Existing Traffic Volumes (Year 2000 Traffic Counts) ................... ............................... 6 Project Added Traffic Volumes. .................................................................................. 9 Street System with Spring Road Connection ............................... .............................11 Project Plus Existing Traffic Volumes ......................................... .............................12 Year 2005 Traffic Volumes (Including Project and Existing Traffic ) ...........................15 Year 2015 Traffic Volumes with State Route 118 Bypass ............ .............................16 Year 2015 Cumulative Traffic Volumes Including Project .......... ............................... 20 16. Overview of Project Vicinity ......................................................... ..............................2 Southern Portion of the Development Area ................................ ............................... 4 Overview of Interior Valley System .............................................. ..............................5 Proposed Upper Terraces within the Subdivision ....................... ............................... 7 Simulation from the Walnut Canyon View Corridor ...................... ............................... 9 x