HomeMy WebLinkAboutAGENDA REPORT 2002 0206 CC REG ITEM 09BTo:
From:
Date:
MOORPARK CITY COUNCIL
AGENDA REPORT
The Honorable City Council
IT °EM
Deborah S. Traffenstedt, Acting Director of Community
Development ': DI 5T
January 30, 2002 (CC Meeting of 2/6/02)
Subject: Consideration of General Plan Amendment 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. Applicant: West Pointe Homes.
(Continued with Public Hearing Closed from Adjourned City
Council Meeting of January 23, 2002)
BACKGROUND
On October 3, 2001, the City Council opened the Public Hearing on
the General Plan Amendment, Zone Change, Residential Planned
Development and Vesting Tentative Tract Map, as noted above, for
the proposed single- family residential project known as North Ranch
at Moorpark, the applicant for which is West Pointe Homes. Located
on the west side of Walnut Canyon Road (SR -23), approximately 3,500
feet north of Casey Road, this project proposes 250 single- family
dwellings on a 350 -acre site comprised of level to steeply, sloping
land (Assessors Parcel Numbers 500 - 260 -025, 045, 075, 085 and 095;
500 - 270 -90, 140, 155 and 165). The City Council subsequently held
continued public hearings on October 17, November 7, November 19,
December 5, and December 19, 2001, and January 16, 2002. The items
were subsequently continued to the adjourned meeting of January 23,
2002, at which time the Council closed the public hearing and
adopted Resolution No. 2002 -1935 certifying the Final Environmental
Impact Report (EIR), adopting EIR Findings and approving the
Mitigation Monitoring and Reporting Program. Final action on the
Vesting Tentative Tract Map and Residential Planned Development
were continued to the regular meeting of February 6, 2002 (public
hearing closed). At the January 23, 2002 meeting, City Council
also introduced for first reading Ordinance No. 276 adopting Zone
Change No. 99 -01 and ordinance No. 277 approving Development
\ \MOR PRI SERV \City Share \Community Development \Everyone \City Council Agenda Reports \cc - 020206
stf rpt Westpointe Homes.doc
1 1- i 1 i
Honorable City Council
GPA No. 99 -01, RPD No. 99 -02 and VTT Map No. 5187
West Pointe Homes
February 6, 2002 Agenda
Page 2
Agreement No. 2001 -01. Second reading of the Ordinances is listed
under Section 12 of the February 6 Agenda.
DISCUSSION
At the January 23, 2002, meeting, the Developer presented a revised
Vesting Tentative Map with a cross - section of eighty four (84) feet
for "A" Street, that included an additional 10 feet of landscaped
parkway area along the south side of "A" Street as an irrevocable
easement. The conditions of approval addressing "A" Street have
been rewritten based on the revised cross - section, bus turnout
locations, and right -turn lanes into the private residential
streets. The condition of approval language has also been revised
to include more detailed requirements for the Walnut Canyon Road
improvements, consistent with the exhibit attached to this agenda
report. At the January 23 meeting, the City Council discussed the
requirement for undergrounding of utilities and whether the West
Pointe project should be required to underground utilities along
both sides of Walnut Canyon Road. The condition of approval
language has been revised to reflect that change. The applicant
has estimated the cost for the east side undergrounding as ranging
from $250,000 to $300,000.
On January 23, the City Council also discussed whether the West
Pointe project should pay for a fair -share of sidewalk improvements
south of the Walnut Canyon Road improvements shown on Exhibit A.
Staff is not recommending that a fair -share payment be imposed on
this project, based on the requirement for the undergrounding of
utilities along both sides of Walnut Canyon Road and the cost for
that undergrounding.
The following approval documents are attached to this report:
• Resolution for the General Plan Amendment
• Resolution for Vesting Tentative Tract Map, and Residential
Development (RPD) Permit, including conditions of approval
The conditions of approval for the Vesting Tentative Tract Map and
RPD Permit do include the most recent set of edits, as shown with
legislative format. The edits were made consistent with the
Council's direction at the January 23 meeting, and to provide
consistency between the Development Agreement and Tentative Tract
Map and RPD Permit conditions.
At the February 6, 2002 meeting, Staff is recommending that the
resolutions and conditions of approval should be approved. Action
\ \MOR_PRI_SERV \City Share \Community Development \Everyone \City Council Agenda Reports \cc - 020206
stf rpt Westpointe Homes.doc 000063
Honorable City Council
GPA No. 99 -01, RPD No. 99 -02 and VTT Map No. 5187
West Pointe Homes
February 6, 2002 Agenda
Page 3
on the second reading of the Zone Change and Development Agreement
Ordinances are under Section 12 of the Agenda.
STAFF RECOMMENDATIONS
1) Adopt Resolution 2002- approving General Plan Amendment 99-
01; and
2) Adopt Resolution 2002- approving Vesting Tentative Tract
Map 5187 and Residential Planned Development Permit No. 99 -02,
subject to conditions of approval, and to become effective
upon the effective date of the Zoning Ordinance.
Attachments:
1. Draft Resolution Approving GPA 99 -01
2. Draft Resolution Approving VTTM 5187 and RPD 99 -02
3. Exhibit - Proposed Improvements, Walnut Canyon Corridor
\ \MOR PRI SERV \City Share \Community Development \Everyone \City Council Agenda Reports \cc - 020206
stf rpt westpointe Homes.doc
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING 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 October 3,
2001, and continued public hearings on October 17, November 7,
December 5, and December 19, 2001, January 16, and January 23,
2002, the City Council 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 October 3, 2001, the City
Council opened the public hearing and took public testimony and
continued the item, public hearing open, to subsequent meetings,
and on January 23, 2002, closed the public hearing; and
WHEREAS, at its meeting of January 23, 2002, the City
Council adopted Resolution No. 2002 -1935 certifying the Final
Environmental Impact Report (EIR) No. SCH- 1994081075 for the
proposed project; and
WHEREAS, the City Council, after review and consideration
of the information contained in the City Council staff report,
and testimony received, reached a decision on this matter on
February 6, 2002.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
\ \MOR_PRI_SERV \City Share \Community Development \Everyone \Resolutions and Conditions \cc 020206
West Pointe GPA Res.doc 000065
Resolution No. 2002 -
West Pointe GPA 99 -01
Page 2
SECTION 1. The City Council does hereby find that General
Plan Amendment No. 99 -01 is consistent with the approved Final
EIR.
SECTION 2. That the City Council adopts the following
additional findings:
California Environmental Quality Act (CEQA) Findings
1. That Final EIR No. SCH- 1994081075 was prepared for the West
Pointe Homes project, including GPA 99 -01, and was
certified by the City Council on January 16, 2002, as having
been completed in accordance with the California
Environmental Quality Act (CEQA) , the CEQA Guidelines, and
the City's CEQA Procedures.
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 Monitoring and Reporting 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 City Council hereby approves 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.
SECTION 4. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be
filed in the book of original resolutions.
PASSED AND ADOPTED this 6th day of February, 2002.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A: General Plan Exhibit Maps
()00()GG
I
® JANUARY 31,2002
500' 1000'
GRAPHIC SCALE
SCALE: 1. -500,
P.U.B. PUBLIC INSTITUTIONAL
M.L. MEDIUM LOW
EXH I BIT "A"
G.P.A. 99 -01
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING 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 October 3,
2001, continued public hearings on October 17, November 7,
December 5, and December 19, 2001, and on January 16 and January
23, 2002, the City Council 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 thirteen (13) other
lots and construction of 250 single- family residential units
(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 October 3, 2001, the City
Council opened the public hearing and took public testimony and
continued the item, public hearing open, to subsequent meetings,
and on January 23, 2002, closed the public hearing; and
WHEREAS, at its meeting of January 23, 2002, the City
Council adopted Resolution No. 2002 -1935 certifying Final
Environmental Impact Report (EIR) No. SCH- 1994081075 for the
proposed project; and
WHEREAS, the City Council, after review and consideration
of the information contained in the City Council staff reports
and testimony received reached a decision on this matter on
February 6, 2002.
S: \Community Development \Everyone \Resolutions and Conditions \cc 020206 West Pointe VTM & RPD
Res.doc Q
000068
I
Resolution No. 2002 -
VTM No. 5187 and RPD No. 99 -02
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council 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 as
amended by General Plan Amendment No. 99 -01.
SECTION 2. The City Council further finds that Vesting
Tentative Tract Map No. 5187 and Residential Planned Development
Permit No. 99 -02 are consistent with the approved Final EIR.
SECTION 3. The City Council hereby adopts the following
additional findings:
C.E.Q.A. Findings
1. That Final EIR SCH- 1994081075, prepared for the West Pointe
Homes North Ranch at Moorpark project serves as the
environmental document for Vesting Tentative Tract Map No.
5187 and Residential Planned Development Permit No. 99 -02
and has been completed in accordance with the California
Environmental Quality Act (CEQA) , the CEQA Guidelines, and
the City's CEQA Procedures.
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 Monitoring and Reporting Program was prepared
and adopted in compliance with Assembly Bill 3180 and
applies to Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -02.
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.
Resolution No. 2002 -
VTM No. 5187 and RPD No. 99 -02
Page 3
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.
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.
000070D
Resolution No. 2002 -
VTM No. 5187 and RPD No. 99 -02
Page 4
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. The City
Tentative
Permit N
Approval.
Tract Map No. 5187
No
99 -02, subject
Council hereby approves Vesting
and Residential Planned Development
to the attached Conditions of
SECTION 5. 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 and shall not
become effective until the effective date of the zone change
ordinance.
SECTION 6. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be
filed in the book of original resolutions.
PASSED AND ADOPTED this 6th day of February, 2002.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachments:
Exhibit A - Conditions of Approval for Vesting Tract Map
No. 5187
Exhibit B - Conditions of Approval for Residential
Planned Development Permit No. 99 -02.
000071
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 5
EXHIBIT A
CONDITIONS OF APPROVAL FOR VESTING TENTATIVE
TRACT MAP NO. 5187:
A. DEPARTMENT OF COMMUNITY DEVELOPMENT:
1. Application of City Ordinances /Policies: The
conditions of approval of this Vesting Tentative Tract
Map and all provisions of the Subdivision Map Act,
City of Moorpark Ordinance and adopted City policies
at the time of tentative map approval supersede all
conflicting notations, specifications, dimensions,
typical sections and the like which may be shown on
said map.
2. Acceptance of Conditions: Recordation of this
subdivision shall be deemed to be acceptance by the
subdivider and his /her heirs, assigns, and successors
of the conditions of this Map. A notation which
references conditions of approval shall be included on
the Final Map in a format acceptable to the 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 /her
discretion, grant up to two (2) additional one (1)
year extensions for map recordation, if there have
been no changes in the adjacent areas and if applicant
can document that he /she has diligently worked towards
map recordation during the initial period of time. The
request for extension of this entitlement shall be
made in writing, at least 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
000072
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 6
brought within the time period provided therefore in
Government Code Section 66499.37. The City will
promptly notify the subdivider of any such claim,
action or proceeding, and, if the City should fail to
do so or should fail to cooperate fully in the
defense, the subdivider shall not thereafter be
responsible to defend, indemnify and hold harmless the
City or its agents, officers and employees pursuant to
this condition.
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 is ultimately recorded with
respect to the subdivision.
5. Effect of Conditions: No conditions of this
entitlement shall be interpreted as permitting or
requiring any violation of law or any unlawful rules
or regulations or orders of an authorized governmental
agency. The approved Mitigation Monitoring and
Reporting Program is included as an attachment to the
approving resolution, and all mitigation measures are
requirements of the Vesting Tentative Tract Map and
Residential Planned Development Permit, as applicable.
6. 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.
7. Duplication of Conditions: All mitigation measures
contained within the approved Mitigation Monitoring
Report and Program (MMRP) are hereby adopted as
requirements of the Vesting Tentative Map, as
000073
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 7
applicable. Where conflict or duplication between the
MMRP and the conditions of approval occurs and
applicability for compliance is questioned by the
Developer, the Director of Community Development will
determine the applicable condition compliance
requirements for each phase of development.
8. Title Report: Prior to Approval of the Final Map, 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.
9. Image Conversion of Plans: Prior to approval of the
Final Map, the builder shall pay to the City a fee for
the image conversion of the final map and improvement
plans, as determined by the Director of Community
Development, into an electronic imaging format
acceptable to the City Clerk.
10. Consistent with the City's General Plan Housing
Element, the Vesting Tentative Tract Map is subject to
execution of an Affordable Housing AgreefRent
bnAgreement between the City of Moorpark and the
Applicant or Developer. The Affordable Housing
Agreement shall set forth the procedure for meeting an
affordable housing requirement of 10 percent of the
total number of approved dwelling units. The Agreement
may be part of a Development Agreement. Execution of
the Affordable Housing Agreement is required prior to
first final map approval
91ear-a e -f e-) E .
11. Outstanding Case Processing Costs: The Applicant shall
pay all outstanding case processing (Planning and
Engineering), and all City legal service fees
within-fees within three (3) days of approval of this
Vesting Tentative Tract Map. The Applicant, permittee,
or successors in interest shall also submit to the
Department of Community Development a fee to cover
costs incurred by the City for Condition Compliance
review of the Tentative Map.
12. Submittal of Landscape Plans: Prior to issuance of a
Zoning Clearance for grading, Applicant shall submit a
0000074
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 8
complete Landscape Plan, together with specifications
and a separate Maintenance Plan E t.e `he
- -CQ :emu =1ta E The Landscape Plan shall
encompass all areas required to be planted consistent
with these conditions of approval and the adopted
Mitigation Monitoring and Reporting Program and shall
incorporate the recommendations of the required Tree
Report, Habitat Enhancement Plan, Habitat Restoration
Plan, Riparian Study, and Fire Hazard Reduction
Program. The Landscape Plan shall be reviewed by the
City's Landscape Architect Consultant and approved by
theDirecto . ......... .____.I___ -.. - -- ......... - -- - ... ..........
Clearance for grading pezr,iit, or first Final Map
approval, whichever occurs first. All. of _the following
Landscape Plan and inspection requirements . __I____ 1 -- - ____ .- ..... __
complied with:
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 No. 260.
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.
0000'75
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 9
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.
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 -ate; all common areas
to be maintained by the Homeowners, association
including but not limited to parkways, median
strips and slope easement areas located along
Walnut Canyon Road and interior streets, and
habitat mitigation areas. 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
fully landscaped consistent
requirements of the adopted
and Reporting Program_
appropriate by the Dir
Development.
neighborhood shall be
with rural aesthetic
Mitigation Monitoring
and as determined
ector of Community
k. Prior to issuance of a Zoning Clearance for
grading permit, the Applicant shall provide a
Tree Report and tree replacement plan consistent
with City Municipal Code requirements as a part
of the Landscape Plan.
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,
consistent with City Municipal Code requirements.
000076
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 10
The Landscape Plan shall also incorporate
extensive tree landscaping including specimen
size trees as approved by the Director of
Community Development.
M. Invasive Plants listed in Table 4 -2 of the
Environmental Impact Report shall be prohibited
in all landscaped areas.
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
dedicated open space area, as determined
appropriate by the Director of Community
Development. The trees shall be planted
predominantly within the upland areas above the
detention basin, in upland areas within restored
riparian corridors, and in other upland areas
within the dedicated open space 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. Larger tree sizes
may be required by the Director of Community
Development in accordance with the tree
replacement /enhanced landscaping requirements of
the City's Municipal Code Title 12, Chapter
12.12. Temporary irrigation will be required
until trees have become established.
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 as approved by the Director of
Community Development.
p. Restoration landscaping along Walnut Canyon Road
shall emphasize reestablishment of existing
native and non - native habitat to enhance
biological habitat value. The landscaping
0000177
Resolution No. 2002 -
Vesting Tentative Tract Map,No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 11
program for areas visible from
shall emphasize restoration
_cic:_3i ca i haul at
--
tiered, tree lined streets
effects of the urban design
perimeter of the project.
Walnut Canyon Road
of ur: - -
and the use of
to minimize the
planned along this
q. 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
riparian woodland plants (such as valley oak,
live oak, sycamore, poplar, and willow). Similar
landscaping shall be provided in the drainage
located central to the project. Any landscape
planting within the public detention facility
along Walnut Canyon Road is subject to the
approval of the Ventura County Flood Control
District.
r. Prior to approval of a Zoning Clearance for
grading, 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
Riparian Study shall be incorporated into the
required Landscape Plan. All riparian habitat
planting shall be completed prior to the first
residential occupancy approval. 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.
13. 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
1�1f �
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 12
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
reasonable sample of available material. The
interpretation of reasonableness shall rest with the
Director of Community Development.
14. Habitat Enhancement Plan: Prior to issuance of a
Zoning Clearance for grading permit, the Applicant
shall complete and submit to the City for approval by
the Director of Community Development, a Habitat
Enhancement Plan (HEP) prepared by a qualified
biologist. The HEP 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 value of these areas. The native species
planting recommendations of the HEP shall be
incorporated into the Landscape Plan required by
Condition No. 12.
15. Habitat Restoration Plan: Prior to issuance of a
Zoning Clearance for a grading permit, a proposed
Habitat Restoration Plan (HRP) shall be developed to
ensure compensation for the loss of native habitats
that will occur as a result of project development.
The HRP 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 California) in upland areas surrounding the
project that are disturbed as a result of project
development (geologic remediation, construction of
fire access roads, etc.). The recommendations of the
HRP shall be incorporated into the Landscape Plan
required by Condition No. 12.
000079
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 13
16. 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
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 The subdivider shall
submit a deposit, in an amount to be determined by the
Director of Community Development, to pay for review
of tree protection measures and to fund monitoring by
the City's landscape consultant during grading.
17. Field Survey: No earlier than 45 days and no later
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, approved by
the Director of Community Development, 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 SO-
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
r�M
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 14
near active nest areas to ensure that no inadvertent
impacts on these nests will occur.
18. Fencing: Prior to issuance of the first Zoning
Clearance for Occupancy for the 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 Director of Community Development
may require the fencing to be constructed earlier if
needed to protect any open space area during
construction activities. 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
California Department of Fish and Game and /or Army
Corps of Engineers jurisdictional areas of the site
unless required by those agencies. All fencing design
and materials shall be approved by the Director of
Community Development.
19. CC &R's and Landscaping Easement Requirements:
Covenants, Conditions and Restrictions (CC &R's) and
by -laws establishing one or more Homeowners'
Associations for the residential development shall be
prepared prior to Final Map Approval. CC &R's shall be
subject to the review and approval of the Director of
Community Development and City Attorney. Language
shall be placed in the CC &R's indicating that any
subsequent changes to the CC &R's shall be subject to
the review and approval of the Director of Community
Development and City Attorney. All applicable
conditions of approval and mitigation measures shall
be incorporated into the CC &R's as requirements,
including but not limited to Tthe following provisions
shall be =eade d -as GG .
a. Identification of all Common Maintenance Areas
including maintenance of all multi -use trails, open
space lots, detention basin landscaping, parkway
landscaping for all streets, any shared driveways,
median in "A" Street, bus shelter along "A" Street,
private streets, storm drains, any fencing or walls
within common maintenance areas, recreational areas,
000081
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 15
and any slope directly affecting drainage or
residential street facilities. The draft CC &R's shall
be submitted to the Director of Community Development
and the City Attorney for review and approval prior to
approval of the first phase of the Final Map by the
City Council and the subdivider shall be required to
pay all costs associated with such review. All
applicable Tentative Map and Residential Planned
Development (RPD) and conditions of approval shall be
highlighted in the copies of the CC &R's submitted for
City review. Prior to the sale of any lots, the CC &R's
shall be approved by the State Department of Real
Estate and then recorded. Approval of the City shall
not be construed to mean that the City has any
obligation to enforce CC &R's. The Homeowners'
Associations may modify the CC &R's only to the extent
that they do not conflict with the terms of approval
of the Tentative Tract Map, approved Residential
Planned Development Permit or any approved Development
Agreement. Sixty (60) days notice must be given to the
City of the intent to modify CC &R's. Further, it is
the sole responsibility of the Homeowners'
Associations to enforce the CC &R's.
b. Language indicating that where feasible, the use of
recycling materials shall be included in the
construction of the project.
C. Provisions that the Homeowners' Association shall be
responsible for implementing and maintaining the
vegetation management requirements of the Fire Hazard
Reduction Program in perpetuity. As required by the
Fire Department fuel modification plan zones are
proposed to be retained in as natural a state as
safety and fire regulations will permit. The zones
shall be designed by and planted under the supervision
of a landscape architect with expertise in native
plant materials and habitat restoration, with the
approval of the Director of Community Development, to
appear as a transition between the built environment
and natural open space. Final approval of this
Program by the County Fire Prevention District and
Director of Community Development shall be required
prior to the recordation of the first Final Map.
Appropriate language shall be included on the Final
000082
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 16
Map indicating the boundary of all areas of fuel
modification hazard zones.
d. Provisions prohibiting - human, domestic animal,
agricultural, and motorized vehicle use in preserved
designated natural open space areas, except that
horses, non - motorized vehicles and pedestrians are
allowed on designated trails and — '�'� —tree he'ise=
des rq r ed —= i —ep v - e - e f t-he- s-i-�e . In
addition, provisions shall be included prohibiting
tree houses; play s r c`l.res, vehicle parking or
.......... _ ... -_ _ -. ___ ___..__ .......
storage; ag,-lc--,lt{_al use; wireless communication
facilities; sale cf easements for residential use
purposes; extraction ... - ........ — ._.... - -.... _.
excavation, dri lling, pumping, mining, Or similar
activity; and all other development restricted by
recorded easements. Provisions shall also require 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 also state that yvisitors are
entering a protected natural area and that all
pedestrians must remain on designated trails, all pets
must be restrained on a leash, and that it is illegal
to harm, remove, and /or collect plants and /or animals.
e. Invasive plants as listed in Table 4.2 of the Final
Environmental Impact Report shall be prohibited. This
list of prohibited plants shall be included within the
CC &R's.
f. Provisions that individual front yard landscaping must
include a minimum of two (2) 4- 8-24" box trees as a part
of private front yard landscaping.
g. Provisions requiring that ultra -low water consumption
plumbing fixtures shall be installed consistent with
City Ordinance No. 132. The CC &R's shall also include
a requirement for the following energy saving devices
or construction features:
i. Stoves, ovens, and ranges, when gas fueled
shall not have continuous burning pilot
lights.
000083
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 17
ii. All thermostats connected to the main space -
heating source shall have night setback
features.
Kitchen ventilation system shall have
automatic dampers to ensure closure when not
in use.
h. Language restricting front and rear yard lighting to
be consistent with the City's Lighting Ordinance.
i. Language that any modifications to structures shall be
designed in accordance with the approved RPD Design
Guidelines for RPD 99 -02.
j. Language to insure that no sheet flow of drainage
occurs between lots located within or adjacent to the
project.
k. 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.
1. Language prohibiting use of roofing material made of
wood or asphalt shingles and requiring tile roofs as
determined by the City as roofing materials for all
structures.
M. 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.
n. Language requiring the Homeowner's Association to
remove any graffiti within five (5) days from written
notification by the City of Moorpark. All such
graffiti removal shall be accomplished to the
satisfaction of the City.
o. Language requiring that all property areas be
maintained free of litter /debris.
p. Language requiring that all on -site storm drains,
swales and terrace drains be cleared at least twice a
year, once immediately prior to October 15 (the rainy
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 18
season) and once in January. Additional cleaning may
be required by the City Engineer.
q. Language requiring that private roads and parking lots
be maintained free of litter /debris. Sidewalks,
parking lots 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.
r. Language requiring that all exterior metal building
surfaces be coated and sealed with rust inhibitive
paint to prevent corrosion and release of metal
contaminants into the storm drain system.
S. 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.
t. Language requiring compliance with the City approved
fence /wall plan.
u. Language requiring the Homeowners' Association to be
responsible for the maintenance of private streets,
including water tank access and secondary fire access
roads, and private street lighting.
V. Language requiring a photovoltaic system to be
installed and maintained for each residential dwelling
unit, if the City adopts a policy and standards for
photovoltaic systems prior to January 31, 2004, or
approval of the first Final Map, whichever is later.
W. - Language requiring- that conc�.�-rrent- with City _ or other
City- approved agency acceptance of fee title for Lots
251 and 263, the Homeowners' Association shall submit
an annual payment to City for the purposes of
1 -111. .. - -- - -- — - - - - -- -- - -
permanent management, maintenance, and mitigation
ilonitorincr for open space Lots 251 and 263. The amount
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 19
of t ie annul p yme. -it manageile=, it iin- r-nance', and
it 1 a,_:LJr? iTlorai- _ - inn Shall ":)e as adop._ed by the City
Co ncJ-1 i27 the i ^,eist Pointe HOiTies, C. - .evelopment
t PmeI1 ;�TId .1t C'OU c a roved
—?- p p - -- —
Implemerltation Plan fo -. the Lot 25- trail r) s -aging
area, shall tee' _ Cr, &Rr s. The
d � e , and ._ncor-corated into t :e _
es� biishment of the homeowne -1 -s associaU ion shall
inc-11 de p-- revisions for this pe--petual obligation.
20. Fence /Wall Plan: A fencing, perimeter, gate, and
privacy barrier wall plan, complete with related
landscaping details, identifying the materials to be
used and proposed wall heights and locations shall be
submitted to and approved by the Director of Community
Development prior to the issuance of a Zoning
Clearance for grading. The approved fence /wall plan
shall be incorporated into the CC &R's. All
fences /walls along lot boundaries shall be in place
prior to occupancy of each lot, unless timing for
installation is otherwise stated in these conditions.
Where applicable prior to approval of the final
fence /wall plan, the Director of Community Development
shall approve the connection of property line wall
with existing fences and or walls on adjacent
residential properties. The Developer is required at
his /her sole expense to connect or reconstruct
adjacent residential walls and or fences to the
project perimeter wall utilizing the same type of
material that comprises existing walls and or fences
that are to be connected to the project perimeter
wall.
21. Sight Distance on Fence /Wall and Landscaping Plans:
The Developer shall submit fence /wall and landscaping
plans showing that provisions have been taken to
provide for and maintain proper sight distances. All
fences, walls and other structures shall be submitted
to and approved by the Director of Community
Development. These shall include all landscape walls
and /or sound walls required by the MMRP adopted for
the project whether on -site or off -site.
22. Final Design: The final design and location of all
walls and fences, streetscape elements, urban
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 20
landscaping are subject to the approval of the
Director of Community Development.
23. Bus Turn -out: The applicant shall include one
bus stop turnout-,7 in the final street improvement
plans for :p h s z.ae s of "A" Street. The final e r
ran -d - -- location of bus turnouts and related facilities,
including bus shelter, shall be approved by the City
Engineer , , Director of Community Development, and
Director of Community Services.
24. Street Intersection Treatments: Prior to approval of a
Zoning Clearance for a grading permit, any special
street intersection treatments shall be approved by
the City Engineer and the Director of Community
Development.
25. Open Space /Conservation Dedications: At the time of
approval of the first Final Map, greenbelts, open
space areas, landscaped areas, and trails lying within
each portion of the Property (not covered by any other
approval requirement) shall be irrevocably offered for
dedication, including transfer of development rights,
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, 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 natural open space areas for which
no development use is proposed, wetlands, storm water
detention areas, landscaping and decorative planting
areas as determined by the Director of Community
Development.
Concurrently with recordation of the first final map
for Tract No. 5187, Developer agrees to grant, in a
form acceptable_ to City, an open space easement to
retain Lots 254, 255, 257, 258, 259, 260, 261, 262,
264, and 265, as shown on the Vesting Tentative Map,
in a predominantly open space condition, and transfer
development rights except for a water tank use for Lot
- ...... -. . - - - - -- - -- _..— ....... -. - ____ - - --
260 and detention basin use for Lots 257, 258, and
?1�C)
Developer shall dedicate Lots 251 and 263, as shown on
Vestinq Tentative Tract Map No. 5187, in fee simple
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99-2
Page 21
j�-,; -�o t_he., parposes of peri-,ianent opera
intees'.-. 4--.o
S u r
z ion shall be ri the
-
space creservatio!" --,n -a
form of an on -1
t:�" �_j offe-(_- of dedication the
....... ...... . ................ 111- ........... . .
first final map for T-racE No. 5187, oL at Ci-.yls_sole
i
option, fee ti,---.-e I-ans f ey- by 9 I a i.- deed and legal
description mar 1) e reql.lesto by 'City to occur prior to
approval of a G_rcidinq _Per-nit for Tract No. 5187.
Developer shall make impL-ovemen_s, at its sole cost and
expense to -he ralil staging area on Lot- 251 of 'Tract
No. 5187. The improvements shall he as determined by
'___..__ ......... .. . . .. . .......... ... __ .............. --- ................ 11-11 .......... . .... . . . ....... .. ___I____ . ............. . 11-- ................ . . . . _ ................ . . 1 4 - - .............. .. . 11-- ...... . ... .-IIIIIIIII-I the City at its sole discretion arid shall include but
not be limited to the o - 1 - 1 o - w - inq: preparation of a_-site
plan, grading, installation of a parkinq lot with
. ........... . . . ... .......... . . ........... .. ..... .......... . ................... . ......... . - ....... ...... .. -,
paving the City (either
asphalt, concrete, or decomposed granite, or similar
material) water and electricity services, security
. ......... . ___ . ... ....... 1.1-11, . . ........... 11 ......... .... . . ......... . .. ____ . ............... . ....... ...... . _ .... . ........... . _ .......... .. .......... . 11 11-1-
lighting, and -fencing a,--id gat'Les. Improvements shall
be completed to the satisfaction of the City prior to
occupancy of the 165-" residential unit in Tract No.
..... . .... _ ............... _ ........... 1.111----��� . . ...... .. .... .. .. . .... ...... ..... .. ............. . .. ........ . .... . ...... ...........
5187. The Implementation Plan shall include a payment
amount by the Developer to -provide for the perpetual
maintenance of the trail staging area. Said payment
........ . . .......... . . ............ ........... . ... t1i
shall be made prior o occupancy of the 1'165
residential unit For Tract 5187. The Implementation
...........
Plan shall also include provisions for the Developer
_.- . ... ....... .. I . . . . ..... . ... ______ . ... . .... ..... - - - --------- ... . . ... . . ........ ...... .. . . ... ... . . . . . ...................... . _ -.--
to construct a temporary trail staging area within the
"All Street right -of -way south and west of the future
intersection of "A" Street and "E" Street of Tract
. . . . ... ... .... ..... . . . ........ . _ ..... ... . .. .... .. . ........... . .. . ...... . ....
I R7
The open space easement transferring development
rights shall preclude all development other than for a
water tank use for Lot 260 and detention basin use for
Lots 257, 258, and 259. Prohibited development on land
zoned open space includes but is not limited to tree
houses, play structures, vehicle parking or storage,
agricultural use, wireless communication facilities,
sale of easements for residential use purposes, and
. . . . .......... . .... ........ . ...
extraction of subsurface mineral resources,
excavation, drilling pumping, mining, or similar
activity. The limitations and exclusions described in
. . ........ ... . .... . ....
....... .... ..... .. . __ .. . ........
this subsection shall be included in the open space
easements.
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 22
26. Prior to Final Map approval for any phase, the Applicant
shall provide an irrevocable offer to dedicate to the
City any easements required for the City to access and
maintain any landscaped areas or drainage improvements
outside of the public right -of -way, which have been
designated to be maintained by the City. In addition,
prior to Final Map approval for any phase, the Applicant
shall also provide to the City a signed Petition /Waiver
a) requesting formation of an Assessment District to
fund future costs for the maintenance of any landscaping
and /or drainage facilities designated to be maintained
by the City, and b) waiving all rights conferred by
Proposition 218 with regard to the right to protest any
such assessments. Said Petition and Waiver shall
include, as an Exhibit, an Engineer's Report fully
setting forth a description of the assessment district
and the assessments, consistent with the requirements of
the California Streets and Highways Code. Said report
shall be prepared by a consultant to be retained by the
City. The Applicant shall pay to the City a $5,000
advance to fund the cost of the Engineer's Report. In
the event it is determined that there will be no
landscaping or extraordinary drainage improvements to be
maintained by the City, the Director of Community
Development may waive this condition with the
concurrence of the City Manager.
27. Prior to Final Map approval, the City Council, shall
determine which areas shall be maintained by a
Homeowners' Association, maintenance assessment
district, or other entity.
28. 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 or
i .F " 1
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 23
other suitable material as approved by the City
Engineer and Director of Community Development. The
sidewalk shall be constructed to City Standards as
determined 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
1500 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 maintenance entity shall
be determined by the City Council prior to first Final
Map approval. 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 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.
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, except if the trail is functioning in
lieu of a sidewalk. 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 (VTT 4928) via an easement acquired by the
Developer across the private property in between Tract
4928 and 5187. 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 (Specific Plan No. 1) and other areas
south of the West Pointe project. The Developer shall
be responsible for developing this trail linkage and
for construction of the trail connections. if
lightinq is required for a trail, plans shall be
000090
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99-2
Page 24
il=v
app -l-cv(-:�,d by ti--E:, Ly Director of cotM,lu
immlUn -i v ano
e v i c e s. D r e for Deve 1 0-�)T Police
he -st
Depa--r--:men; a 1 -1, d. -,-Is; a 1 IL ecl P-io- 1-0
........... . .. ..... .... .....
resider-L.]-al occ-upan-cy approval.
29. Developer at its sole cost and expense shall construct
the public trail system identified on the VTTM 5187
and as described in these conditions, including City
plan check, 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 City. The Director of Community
Development and City Engineer shall approve design and
plans and specifications at its sole discretion. The
required improvements shall also include construction
of an equestrian crossing-a over Walnut Canyon Road as
determined necessary by the City prior to approval of
athe-f-i-rs-1 Final Map.
30. All water impoundment(s) shall be maintained in a
manner which will not create mosquito breeding
sources.
31. Venturian Coastal Sage Scrub Community Research
Contribution: Prior to approval of the final map, the
Developer shall pay to the City a contribution as
specified in the MMRP.
32. 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
711.4; the project is not operative, vested or final
until the filing fees are paid.
33. 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
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 25
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.
34. Prior to approval of the Final Map, the Applicant
shall pay City an amount to cover the costs associated
with a crossing guard for five years at the then
current rate when paid, plus the pro -rata cost of
direct supervision for one crossing guard location and
staff's administrative costs (calculated at fifteen
percent of the above costs).
35. During construction, Developer shall allow all persons
holding a valid cable television franchise issued by
the City of Moorpark ( "Cable Franchisees ") to install
any equipment or infrastructure (including conduit,
power supplies, and switching equipment) necessary to
provide Franchisee's services to all parcels and lots
in the Project. Developer shall provide notice of its
construction schedule to all Cable Franchisees
sufficiently in advance of construction to allow the
Cable Franchisees to coordinate installation of their
equipment and infrastructure with that schedule. City
shall provide Developer a list of Cable Franchisees
upon Developer's request.
In the event the cable television services or their
equivalent are provided to the Project or individual
lots under collective arrangement or any collective
means other than a Cable Franchisee (including, but
not limited to, programming provided over a wireless
or satellite system contained within the Project), the
HOA shall pay monthly to City an access fee of five
percent (5 %) of gross revenue generated by the
provision of those services, or the highest franchise
fee required from any City Cable Franchisee, whichever
is greater. "Gross revenue" is as defined in Chapter
5.06 of the Moorpark Municipal Code and any successor
amendment or supplementary provision thereto.
B. COMMUNITY SERVICES DEPARTMENT CONDITIONS:
000092
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 26
36. Solid Waste Management Plan: Prior to approval of the
final map, a Solid Waste Management Plan shall be
prepared and submitted to the City's 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 City of Moorpark Community
Services Department to meet waste reduction
requirements established by the California Integrated
Waste Management Act of 1989.
37. Park and Recreational Facilities Fee: Prior to
approval of°— ina� - - -I =Zoning Clearance fog,
_ _... ____ ..... ..... . . _
residential unit buildi^q permit_, the subdivider shall
pay fees in accordance with Section 8297 -4 of the
City's Subdivision Ordinance (Parks and Recreation
Facilities) .
C. CITY ENGINEER CONDITIONS:
PRIOR TO THE FINAL MAP APPROVAL, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED (UNLESS ANOTHER TIMING
REQUIREMENT IS INDICATED IN THE FOLLOWING CONDITIONS)
38. The project shall be designed to place all required
water and sewer conveyance facilities in Walnut Canyon
Road. The Applicant shall obtain all necessary right -
of -way and easements to allow for this alignment.
39. 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.
40. The Applicant shall comply with all pertinent County
of Ventura Public Works Department water and sewer
connection regulations implemented by the County of
000093
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 27
Ventura Public Works Department Waterworks
District
No. 1.
41. All existing and proposed utilities shall
be under
grounded as approved by the City Engineer,
.in-c- Ading
A .ili- .. <_1�.. alon.. the
undo rcrro�.ndinq of a - z' poles �
east and
west sides of i ^1al z...t. Canyon ?goad wit_li
the area
designated for Tract 5187 improvements, c:onsisten`
-
- -- _.- . - - - - --
w_t.��. Condition 58e.
42. 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.
43. 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.
44. All residential and open space areas to be commonly
maintained by a Homeowners' Association or dedicated
to a public agency for open space purposes as
determined by the City, shall be designated as
separate lettered lots on each phase of the
subdivision map.
45. Developer shall submit current title reports to assure
that all blanket easements are vacated over all the
lots and streets.
46. Prior to approval of the first Final 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 the
potential future SR -118 bypass alignment (North Hills
�ra��1
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99-2
Page 28
and cfra, a es and Lice effect. on any p-1-oposed
C) n S, I .:e ,lopes, pads, d -.- a i n age f ac i I it ies, roadway
.'re
call'_. nme ii s and any ^v he tip e n s 1,
.................. ........... ... . . . ................
pro--ec-ti-on of adequate fu7ure right -o-wav for she
N o -1 1-1 Sills Parkway. The Developer shall provide an
ir--v,oca.ble offer of dedication of right of way
dewelifi� a-,-._it� for slope easemen+--s to the City for the
North Hills Parkway for all affected etends te
the baek lelines —e€ lots paralleling and extending
to the easterly and southerly project boundaries (Lots
4-12 of the Vesting Tentative Map) . The irrevocable
. . .......... .
-of f e--- of dedication shall be provided to the
satisfaction of the City Attorney, City Engineer, and
............... I I—— -I--- ........... I—— ........... 1-1-- . ......... . . . ...... . - ----- 1 -1 .... . ....... ._____.__._._I - - . ... ......... I 111_1 .......... . ...... -. _ ..
Director of Community Development on the first Final
Map to be recorded .9evel-eper- shall at h4s/heL sel-e
&-enclinee-r-ed ter- t::imie and
rLh Hill-,
11 17
r--e et_m-,-----e-e�_ r -_ e I -fez= lef*ient-
ai2r-.ezr4aI standaicd ter the State Reut-e 1111-n b,pass. Up
app-.elral ef en-,ineered plans, shall
.�fnFRent -.e aeeeffiffiedat-e a fftin±Fft�iFR f
a4_--4_-e_-_-i�r-eadway. 1.1 appreved by aetien ef the Git�
GewLineil, an in liei:i fee as det�erfftined by the City
I
Ma-n1 _ Faay be -depes-41E Ei by the-9e;d-e1epemF t-e pay fe
the efLnadinq of the riqiit ef way, as deseribed, thereby
t-he a±ce 9 ietentitie-el—.
Developer is required to include within the Final
Subdivision Public Report issued by the Department of
. ... .............. ____ ......... . . . ........
Real Estate of the State of California, which requires
notification and disclaimer to all buyers of lots in
Tract 5187, a City Attorney approved notification of
.. ..... ...... 11 ___ .. . ............. ....... 1 11.11111 .- . . .... . .....
the future State Route 118 bypass (referred to as the
North Hills Parkway) and location of the 200-foot
right-of - way required by the General Plan Circulation
.......... ... . ........ . .............. ........... . . . . ......
Element for the State Route 118 bypass, the four-lane
widening proposed for "A" Street, and earthquake fault
disclosure in the form of a "Natural Hazards
. ............. ...... . -------
Disclosure Statement." The Public Report and
Disclosure Statement will be signed by all future
buyers to document acknowledgment of disclosure.
000095
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 29
47. Utilities, facilities and services for the project
will be constructed in conjunction with its phased
development as approved by the Director of Community
Development and City Engineer.
48. 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 th system will be dedicated to
VCWWD No. 1 for maintena ce.
49. Prior to Final Map recordation of any phase, the City,
Calleguas Municipal Wat r District and Water District
No. 1 shall approve final plans for water
distribution. The Developer shall either construct the
required distribution acilities 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 designe and constructed to meet the
requirements of the proposed land uses and applicable
City, Calleguas and VCWWD No.l standards.
50. 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
complete with pull ropEJ in place. The pull box /vault
size and spacing shall The to the satisfaction of the
City Engineer. "A" Street intersections shall be
provided with (8)eight 4" ducts and all other street
intersections shall be provided with (4) four 4"
ducts.
51. 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 pursua t to Governmental Code Section
66457:
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 30
a. Notify the City of Moorpark (hereinafter City) in
writing that the Applicant wishes the City to
acquire an interest in the land, which is
sufficient for the purposes as provided in
Governmental Code Section 66462.5.
b. Supply the City with (I) a legal description of
the interest to be acquired, (ii) a map or
diagram of the interest to be acquired sufficient
to satisfy the requirements of subdivision (e) of
Section 1250.310 of the Code of Civil procedure,
(iii) a current appraisal report prepared by an
appraiser approved by the City which expresses an
opinion as to the fair market value of the
interest to be acquired, and (iv) a current
Litigation Guarantee Report.
c. Enter into an agreement with the City, guaranteed
by such cash deposits or other security as the
City may require, pursuant to which the Applicant
will pay all of the City's cost (including,
without limitation, attorney's fees and overhead
expenses) of acquiring such an interest in the
land.
52. 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. Phasing of "A"
Street improvements will require City Council approval
of a phasing plan in conjunction with first Final Map
approval.
53. Prior to acceptance of public improvements and surety
(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
000097
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 31
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" 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.
54. Geotechnical Engineering Requirements:
Prior to submittal of grading plans for plan check:
The Applicant shall have a geotechnical report
prepared to the satisfaction of the City Engineer and
at the minimum the geotechnical report shall address
the following:
a. The Applicant or subsequent developers shall
contract with an engineering geologist and
geotechnical engineer, registered in California,
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.
000098
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 32
b. 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
Grading Ordinances. Modifications to these
standards shall be permitted only with the written
concurrence of the City Engineer, consistent with
City Council policies, and the City's consulting
geologist.
C. 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.
d. 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.
e. All habitable structures shall be designed to
accommodate structural impacts from 0.128- ground
acceleration or other standard factor of safety
deemed applicable to this project. The standards
shall be prepared to the satisfaction of the City
Engineer.
f. The Developer shall contract with an engineering
geologist to prepare grading recommendations,
foundation design criteria, and other
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 33
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.
g. 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.
h. The Director of Community Development and City
Engineer shall review and approve 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 incorporate 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
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
000100
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 34
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).
55. General Grading Requirements:
a. 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.
b. 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
available from Ventura County Waterworks District
No. 1.
C. The fuel injection of all diesel engines used in
construction equipment should be retarded two
degrees from the manufacturer's recommendation.
d. 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.
000101
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 35
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 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 material transported off -site shall be
either sufficiently watered or securely
covered to prevent excessive amounts of
dust.
vi) All active portions of the site shall be
either periodically watered or treated with
environmentally safe dust suppressants to
prevent excessive amounts of dust.
vii) Facilities shall be constructed and operated
in accordance with the Rules and Regulations
of the Ventura County Air Pollution Control
District.
viii) 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.
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. A
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
000102
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 36
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
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. 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
000103
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 37
high winds (greater than -21-4 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.
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. During clearing,
grading, earth moving or excavation
operations regular watering shall control
dust. 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.
vii. Cease all clearing, grading, earth moving,
or excavation operations during periods of
high winds (greater than -2-4 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
000104
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 38
transported off -site and on -site to prevent
excessive amounts of dust.
g. 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.
iii. 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. Temporary erosion control measures shall be used
during the grading and construction process to
minimize water quality effects. Specific
measures to be applied shall be identified in the
project Erosion and Sediment Control Plan. The
following water quality assurance techniques
shall be included in the erosion and control;
plan, 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.
000105
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 39
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.
i. 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 desalting basins.
iv. Permanent vegetation, including grass -lined
swales.
V. Design of drainage courses and storm drain
outlets to reduce scour.
j. 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
000106
Resolution No. 2002 -
Vestin Tentative Tract Map No. 5187 and
g
Residential Planned Development Permit No. 99 -2
Page 40
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.
k. 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 5:00 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
City observed holidays pursuant to Section
15.26.010 of the Municipal Code.
1. 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
000107
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 41
of vegetation and commencement of site
grading. The content of this required
communication shall be approved by the City
Engineer in advance of its mailing and the
return receipts, evidencing United States
mail delivery, shall be provided to the
Engineering Department.
iv. A construction effects mitigation program
shall be prepared and submitted to the City
after completion and occupancy of the first
phase of project build -out. This program
shall protect, to the degree feasible, new
residents from the impacts of sustained
construction noise on new neighborhoods.
M. 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.
n. 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.
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, hydroseeding and erosion
control measures shall be implemented on all
temporary grading. Temporary grading is defined
to be any grading partially completed and any
disturbance of existing natural conditions due to
construction activity. These measures will apply
to temporary grading activity that remains or is
anticipated to remain unfinished or undisturbed
000108
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 42
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
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.
56. 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
000109
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 43
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
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 of the NPDES superintendent.
d. 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.
000110
Resolution No. 2002 -
Vestin g Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 44
e. 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.
f. Backfill of any pipe or conduit shall be in 4"
fully compacted layers unless otherwise specified
by the City Engineer.
g. 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.
h. A 15 -mile per hour speed limit for the
construction area shall be observed.
57. During site preparation and construction, construct
temporary storm water diversion structures shall be
constructed per City of Moorpark standards.
58. Road and Traffic Requirements
a. Prior to first Final Map approval, the Applicant
shall make a cumulative traffic contribution to
the City representing the developers pro -rata
share of the cost of improvements at the
following intersections: Los Angeles
Avenue /Tierra Rejada Road, Poindexter Avenue/
Moorpark Avenue, Los Angeles Avenue /Moorpark
Avenue, Los Angeles Avenue /Spring Road and Spring
Road /High Street. The actual contribution (pro -
rata share) shall be based upon the additional
traffic added to the listed intersections, with
the actual amount as approved by the City
Engineer. The level of participation will be
calculated based on the traffic report dated
October 30, 2000 by Associated Transportation
Engineers, Table 14 on page 39.
b. Prior to final ffiap _ "a Zoning Clearance
for each residential unit building permit, the
Developer shall pie :-r=anI,-.e i
payme of the Los Angeles Avenue Area of
00 ®111
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 45
Contribution (AOC) and Gabbert Road /Casey Road
AOC fees —p- _� t Z - _.. ._ bi:Alldifi9
t7. The AOC fees
shall be the dollar amount in effect at the time
of payment.
C. The requirements for the interim secondary fire
access road, , as shown on the Vesting Tentative
Map, are as follows:
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 construction
requirements for the secondary fire access road
and the timing for construction shall be approved
by the City Engineer and Fire Protection District
prior to Final Map approval. The secondary fire
access road easement may be quit claimed to fee
title property owners, upon completion of "A"
Street for secondary access purposes, if approved
by the Fire Protection District.
d. Prior to first final map approval, the Applicant
shall f-and afund a fair -share of the cost of
required improvements to the intersection of
Moorpark Avenue and High Street to ensure that
project plus cumulative traffic does not result
in a reduction et-to Level of Service to -level oz
ser-v±ae D. Anticipated improvements to this
intersection include but are not limited to
widening approaches to provide an additional
through lane, restriping, providing signal timing
000112
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 46
and coordination between Casey Road and High
Street, completing north and south bound lane
approaches, and related pedestrian improvements
in the vicinity of the Moorpark Avenue /High
Street intersection. Moorpark Avenue to the north
of the intersection shall be widened to four
lanes without narrowing the existing sidewalk.
The fair -share contribution shall be the amount
approved by City Council prior to first Final Map
approval or as pVovide �,ev
d for n a elopmen`.
Agreement.
e. The first Final Map for Vesting Tentative Tract
Map No. 5187 shall not be approved until the City
Council has approved the zna 'Lmprovement plans
........ ... _ _ ._..._
for Walnut Canyon Road and satisfactory
performance and labor and materials bonds have
been accepted by the City Engineer
t.,
_
r 1 r
4- y 1-v dye =mac ad - +- e
shall i tel�id ' ce
�_h,C7E' eShe f.t
rnz sst� £ .y T� .. � ' �-�-- �{�-I3 �-- -cam —�rr�n
and '\.li[-ti as sties n 1 Ves4 1i q 1L 1.
The improvements associated with the project
shall include full width street improvements
----- _..._.....-- ........ -- -- -----.._.-...--__ ......__ ............... __.... -- -... -- ....._.. -- -- — .....- .- _... - - - -- - ._. -...
along both sides of Walnut Canyon Road and
extending south from the future intersection of
Walnut Canyon Road and Spring Road to the most
..- ..___—. -.. - --- -- -- -- - - .... -_ -- -- - -- -
southerly boundary of the Tract 5187 boundary
with appropriate transitions at both the northern
and southern terminus of these improvements,
- ..-- ... - -._.- -- _....- ............. - - -- - - ---.._....----- - --
including acceptable joins with existing
improvements, as approved by the City Engineer
and Caltrans. Improvements include, but are not
limited to, acquisition of additional right -of-
way if needed to complete the improvements,
horizontal and vertical realignment of Walnut
Canyon Road in accordance with City and Caltrans
standards with no less than 8 -foot paved
shoulders, no less than two-12-foot travel lanes,
no less than a 12 -foot turning lanes (to
000113
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 47
acc.,, , ,iodate one a, t U �'I,S o ne
C _eri,lli eC , X_� ele "a: 1 I "1 _ h� n 1c
3 �C_
- r .... a p G se
f u1U e s ee o n a(:I a� e n acre
r o z a c�'1 s= �
� h
v �,�aC_._ 1 �, dt_�,�1�aci. -iori !Line aC't._.GmmodaLe
sot.Ith�"�; Ind1! traf f _c rom 'bO II "All Street and
p�',oevGsed r - _— e s�..1'_eE-'- . On the adjacent. ':.WG_ aC; "e.
par south th of Tract 5187, a 5- -foot. Portland
�
cement sidewalk adjacent to t_ie back of Portland
— - - - -_ _
cement t_�A a and qu e- along t _e west side o `he
- -- ....._.
re q1 'ed z�nprovements and undergrounding of
existing overhead utility - -lines and services on
both sides of Walnut Canyon Road Within the
_. ......
limit-s of .he required iliprovemen,-s. All
improvements shall conform to City standards and
as approved by Caltrans. a��dcdes
- _
-�a� � ie�--. � �- o.�-- ��- �- ���1 -c Ito--- ��- t�C��r•��
Read.
f. 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,
signage and traffic control facilities, provision
-- - - - - ..._ - -- - — - . ....... _
of sight distances, 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
occupancy approval for aany
residential dwelling unit. An encroachment permit
shall be obtained from Caltrans prior to
construction of any proposed roadway
improvements, permanent or temporary. 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 or City, as applicable, in a manner
acceptable to Caltrans and the City Engineer.
All required dedications shall be illustrated on
the Final Map. Proof of encroachment or other
non -City permits and bonds shall be provided to
000114
Resolution No. 2002 -
Vesting Tentative Tract Map No.
Residential Planned Development
Page 48
the City Engi
5187 and
Permit No. 99 -2
neer 1? _ tr t n st.:art
g. 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 Director and the City
Engineer prior to the issuance of building permit
for the first residential unit. The turning and
acceleration lanes provided along Route 23 at the
project entrance shall be no less than 12 feet
wide.
h. 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. Streets shall not be accepted by
the City for maintenance until completion, unless
otherwise determined by the City Engineer.
i. 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.
j. The street improvements including "A" Street
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.
000115
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 49
k. Developer shall provide internal street
improvement as follows:
i. "A" Street (Public Street Collector) - per
modified Ventura County Standard Plate 2-4A,
84 feet right of way, 16.5 feet travel
lanes, 14 feet landscaped median, 8.5 feet
bike lanes, 10 feet parkways with 5 feet
wide sidewalks, and a 10 feet irrevocable
offer of dedication for parkway landscaping
easement along south side, and a 12 feet
irrevocable offer of dedication for multi-
use trail easement and variable width
landscape easement- along north side.
ii. Prior to the first Final Map, the Developer
shall at his/her sole cost and expense fund
an amendment to the Circulation Element of
the City's General Plan to designate "A"
Street as a rura.L collector (two to four
lanes). The City Council must have made a
decision on the Circulation Element
amendment prior= to- the first residential
occupancy in Tract 5187. The final design
of "A" Street must be submitted for City
Council approval at the same time as the
request for approval of the first Final Map
-- _ ..._........ ---_... .....__ .. ... . ............ .... -- -- ...... ............__.._.... - - - -- --- - - - - -- - --
for Tract 5187 and shall incorporate
"traffic calming" features recommended for
approval _!Dy_.._ hC1t_y- ...- ._._Eng_ineer to - encourage
speed reduc. ion.
iii. The "A" Street raised median from Walnut
- - - - - -- -- ........ - - -- ..._.. -- -. - -- -- ........
Canyon Road to "E" Street shall be
landscaped consistent with plans approved by
the Director of Community Development,
- -- -- - - - - - -- .- ................... -- - -- ._.___........-..... .....-- ----
....___..___....._
Director of Community Services, and Director
of Public Works prior to the 50th residential
occupancy approval . in Tract. 5187 The
raised median from "E" Street west /south to
the tract boundary shall be landscaped
consistent with plans approved by the
Director of Community Development, Director
of Community Services, and Director of
Public Works prior to the 1.65th residential.
occupancy approval in Tract 5187. The
OOOIIG
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99-2
Page 50
raised mealian shall be maintained all
Assessment District consisting of all
residential lots in Tract and shall be
. ... .. . . firs ame"an
OL
occupancy in Tract 5187.
iv. Deceleration lanes —(r lanes) shall
Vie_ installed on "A" Street for "E", 11-ell and
...... . .. des
.. ....
including length- and additional_ required
intersection
locations shall be approved by the Cl_p:y
........ . ....
.......... ... .... .. .. . . .. ....... - -- - - -------- --
Engineer prior to first Final Map approval
V. The reQuired parkways on both _s_ ides of "A"
Street shall end and transition into natural
open space approximately 150 feet west/south
of "E" Street.
I—— . .......... . .......... .. ......... ..
vi. The final location of the "Alf Street
sidewalk from Walnut Canyon Road to 150 feet
west /south of "EP Street :shall be as
determined by the _City Engineer and Director
of Community Development. From
approximately 150 feet west/south of "E'
Street to the Tract 5187 boundary, the
. wa
sidewalk shall be adjacent to the curb
11 . ........ . . . ......... . .................. . - - --------- - - . .. . . . . ........... ... . ............. . .... .. ............ .... ....
vii. The bus turnouts referenced in Condition No..
.
. ....... . .......... --- - --. -- --
27 for the south side of "A" Street shall be
located within approximately 1,000 feet of
the I'D" Street intersection as determined
by the City Engineer and Director of
Community Development.
n
viii. "A" Street shall be designed with a 50-year
. . . . . ........... . . . ............
life with a 45-mile per hour design speed
and _ with grades not to exceed 7.0 percent.
The minimum radius o lane of
"AN Street shall be 1,085 feet, super-
elevation shall not be used. Adequate
right-of-way at intersections shall be
provided to accommodate sight distance and
right-turn lanes as determined by the City
..........
Engineer,
000117
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 51
1. Private Streets (Collector) - per Ventura County
Standard Plate B -4A, 60 feet right of way, 12
feet travel 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 "O" Street;
and "O" Street.
M. Private Streets (Cul -de -sacs) - per Ventura
County Standard Plate 3-4C, 52 feet right of way,
12 feet travel 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. 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.
n. Driveways shall be designed in accordance with
the latest Ventura County Road Standards.
Interim fire access roads shall be designed in
accordance with Ventura County Fire Protection
District requirements.
o. 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.
p. Prior to Final Map approval, the Developer shall
submit for review and approval traffic
counts /estimates for stacking of vehicles at the
private road entrances during peak hours. The
Developer shall justify that the design of the
private road entrances is adequate for peak hour
/ 1 1
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 52
stacking of vehicles and truck turning radius
movements.
59. Streetlights shall be provided on the improvement
plans per Ventura County Standards and as approved by
the City Engineer. 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. The Developer and /or future homeowners
association(s) shall pay all energy costs associated
with street lighting on private streets.
60. 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.
61. The Developer shall make an irrevocable dedication on
the Final Map of easements to the City of Moorpark
over all private streets shown on the Vesting
Tentative Map for the purpose of providing access to:
a) all governmental agencies that provide public
safety, health and welfare services or that enforce
laws and ordinances; and b) all members of the public
who reasonably need to be vacated over the private
streets because of a state of emergency declared by a
representative of the City or of the Ventura County
Fire Protection District.
62. The Developer shall dedicate vehicular access rights
to the City of Moorpark along "A" Street and Walnut
Canyon Road.
63. 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.
64. Prior to City Council approval of the final map(s),
proposed street names shall be submitted to the Fire
000119
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 53
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.
65. All lighting along the perimeter of natural areas,
particularly street lights, 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 and Director of Community
Development. All lighting proposed shall be consistent
with Chapter 17.30 of the Municipal Code.
66. 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
(Master 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 Flood Control District shall be
prepared to the satisfaction of the City Engineer
and the District. The Master 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 for the Walnut
Canyon Drain shall be included in the Master
Plan. All necessary permits required to implement
the Master Plan shall be obtained from the
Ventura County Flood Control District prior to
City issuance of a permit for mass grading. No
000100
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 54
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.
c. The Developer shall submit to the City Engineer
for review and approval, drainage plans;
hydrologic and hydraulic calculations prepared by
a California Registered Civil Engineer; shall
enter into an agreement with the City of Moorpark
to complete public improvements and shall post
sufficient surety guaranteeing the construction
of all improvements.
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.
00®Z01
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 55
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
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. 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.
M. 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.
n. Concrete drainage structures shall be tan in
color, as approved by the Director of Community
Development, and to the extent possible shall
incorporate natural structure and landscape to
reduce their visibility.
o. 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.
00012002
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 56
p. 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.
q. 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.
r. The Applicant shall demonstrate that surface
drainage from the site shall not drain over the
sidewalk or driveways.
S. 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 as per these
conditions and as per current Ventura County
Flood Control Standards.
ix. All habitable structures shall be elevated
at least one foot above the 100 -year flood
level.
t. 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
00010.3
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 57
property owners must be specified. These
facilities (if applicable) must also be
acceptable to the Ventura County Flood Control
District.
67. 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 this
®00124
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 58
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
shall be maintained by a Homeowner's Association
or Assessment District if formed prior to the
recordation of the first Final Map. 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:
000125
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 59
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
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. FIRE DEPARTMENT CONDITIONS:
68. Prior to approval of Zoning Clearance for grading, 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
®00106
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 60
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). The recommendations of the Fire
Hazard Reduction Program shall be incorporated into
the Landscape Plan required by Condition No. 12.
69. 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.
E. VENTURA COUNTY WATERWORKS DISTRICT NO. 1
CONDITIONS:
70. Prior to issuance of a building permit, provide
Ventura County Waterworks District the following:
Water and sewer improvement plans in the format
required.
a. Hydraulic analysis by a registered Civil Engineer
to determine the adequacy of the proposed and
existing water and sewer lines.
b. Copy of approval of fire hydrant locations by
County of Ventura Fire Protection District.
C. Copy of Release from Calleguas Municipal Water
District.
d. Cost estimates for water and sewer improvements.
e. Fees: Plan check, construction inspection,
capital improvement charge, sewer connection fee
and water meter charge.
f. Signed Contract to install all improvements and a
Surety Bond.
00012'7
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 61
F. VENTURA COUNTY FLOOD CONTROL DISTRICT
CONDITIONS:
71. 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.
72. 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.
00010208
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 62
EXHIBIT B
CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO. 99 -2
A. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS:
1. The Residential Planned Development permit is granted
for the land and project as identified on the
entitlement application form and as shown on the plot
plans and elevations incorporated herein by reference
as Exhibit "A ", West Pointe Homes at North Ranch
Design Guidelines, except as amended by these
conditions. The final Design Guidelines are subject
to Director of Community Development approval prior to
the first Zoning Clearance for building permit. 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. Following final approval of the
Design Guidelines, any change from the approved
product mix shall require approval of a modification
to the Design Guidelines and Residential Planned
Development Permit, consistent with Zoning Code
requirements for entitlement processing.
2. 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 /her discretion,
grant up to two (2) one (1) year extensions for
project inauguration if there have been no changes in
the adjacent areas and if Applicant can document that
he /she has diligently worked towards inauguration of
the project during the initial three -year period and
the Applicant has concurrently requested a time
extension to the tentative tract map. The request for
extension of this entitlement shall be made at least
30 -days prior to the expiration date of the permit.
3. Other Regulations: The design, maintenance, and
operation of the permit area and facilities thereon
000129
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 63
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.
4. Duplication of Conditions: All mitigation measures
contained within the approved Mitigation Monitoring
Report and Program (MMRP) are hereby adopted as
requirements of the Residential Planned Development
Permit, as applicable. Where conflict or duplication
between the MMRP and the conditions of approval occur
and applicability for compliance is questioned by the
Developer, the Director of Community Development will
determine the applicable condition compliance
requirements for each phase of development.
5. Image Conversion of Plans: Prior to issuance of the
first Certificate of occupancy, the builder shall pay
to the City a fee for the image conversion of plans as
determined by the Director of Community Development
into an electronic imaging format acceptable to the
City Clerk.
6. 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).
7. Affordable Housing Agreement: Consistent with the
City's General Plan Housing Element, the Residential
Planned Development Permit is conditionally approved
subject to execution of an Affordable Housing
Agreement between the City of Moorpark and the
Applicant or Developer. The Affordable Housing
Agreement shall set forth the procedure for meeting an
affordable housing requirement of 10 percent of the
total number of approved dwelling units. The Agreement
000130
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 64
may be part of a Development Agreement. Execution of
the Affordable Housing Agreement is required prior to
approval of first Zoning Clearance for r3_rdg -ter a
rFsiden-i-lal building permit.
8. Outstanding Case Processing Costs: The Applicant shall
pay all outstanding case processing (Planning and
Engineering) , and all City legal service fees within
thirty (30) days of approval of this RPD Permit. 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 Permit.
9. Lighting Plan: Prior to issuance of a Zoning Clearance
for 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
uplighting of accent landscaping. Standard approach
lighting within the Walnut Canyon Road Corridor shall
comply with Caltrans design standards.
10. Design /Development Standards: Prior to issuance of a
Zoning Clearance for the model home complex, the West
Pointe at North Ranch Design Guidelines, incorporated
herein by reference as Exhibit "A ", and on file with
the Community Development Department, shall be revised
to be consistent with the conditions of approval for
000131
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 65
this Residential Planned Development Permit and
Vesting Tentative Tract Map No. 5187, subject to
Director of Community Development final approval. 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 amended West Pointe Homes
at North Ranch Design Guidelines, as approved by the
Director of Community Development, shall apply to
residential structures and accessory buildings
submitted for Zoning Clearance and Building Permit
issuance for Vesting Tentative Tract Map No. 5187 in
the City of Moorpark.
11. Play Equipment: Prior to issuance of a Zoning
Clearance for the model home complex, the Applicant
shall submit design plans for the private recreation
areas and manufacture's specifications for play
equipment with a list of play equipment features,
which shall include but are not limited to swings,
slides, climbing apparatus, deck areas, ladders, and
bridge. The area required for this proposed equipment
including necessary safety clear areas around its
perimeter is 27 "` x 28' or a 756 square foot area.
The specific equipment and design of private
recreation areas shall be subject to final approval of
the Director of Community Development and Director of
Community Services.
12. Changes to Design Guidelines: The following changes to
the West Pointe Homes at North Ranch Design Guidelines
shall be incorporated by the Applicant and new copies
of the Guidelines submitted to the Director of
Community Development for approval prior to issuance
of a Zoning Clearance for any homes including models:
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 are visible from any abutting street shall
be allowed, unless in the judgment of the
Director of Community Development such change is
compatible with all dwellings having frontage on
000132
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 66
the same street and located within 200 feet (or
as otherwise determined by the Director of
Community Development) of the side property line
of the structure proposed for expansion or
alteration, subject to the review and approval of
the Director of Community Development consistent
with the approved Design Guidelines and Zoning
Code requirements.
C. All air conditioning or air exchange equipment
shall be placed at ground level, may not be
placed in a sideyard setback area within 15 feet
of an opening window at ground floor level of any
residential structure, and shall not reduce the
required sideyards to less than 5 feet of level
ground. All air conditioning or air exchange
equipment shall be placed in the sideyard setback
area where compliance with these standards can be
achieved.
d. Modifications to Permit: All facilities and uses
other than those specifically requested in the
application are prohibited unless an application
for a modification is submitted to the Department
of Community Development consistent with the
requirements of the Zoning Code at the time of
modification application.
e. Side yard setbacks as measured from the property
line of each lot shall be not less than five (5)
feet for one -story dwellings and ten (10) feet
for two -story dwellings. Two -story dwellings
which incorporate windows at the second -story
level shall comply with 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.
ii. Windows with a bottom sill height less than
five and one -half (5.5) feet above the
000133
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 67
finish floor level of the second floor shall
have a fixed sash and obscure glass which
may include stained glass or glass blocks.
iii. 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.
f. A minimum of six architectural styles shall be
included in each of the individual neighborhood
created by the tract map tracts with no more than
20% of the dwellings in each neighborhood
represented by one of the architectural styles
and no sub -style comprising more than 40% of the
maximum number of dwellings allowed for the
primary architectural style.
g. A minimum of three sub - styles shall be included
in the architectural styles.
h. 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
viii. The roof design for all structures as
viewed from any street, (including State
Route 23) or from the private recreational
area shall be varied unit by unit which may
be accomplished through the use of at 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
000134
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 68
the roof plane or walls of the building
either horizontally or vertically by a
minimum of four feet.
i . Not more than 20% of the units on any block face
shall have the same architectural plan and
elevation.
j. 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.
k. 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.
1. 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 the West Pointe Homes at
North Ranch Design Guidelines.
M. 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 (no wood
fences) and shall be architecturally consistent
with the main building to the satisfaction of the
Director of Community Development.
n. All units abutting the gated entrances to Tract
5187 shall be single story in height, except that
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 not to exceed a
maximum of 28 feet in height.
o. 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 three garage - parking stalls required
for each dwelling unit.
®® ®135
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 69
p. 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 Design Guidelines so as to enhance the
physical and visual quality of the neighborhood
or tract.
q. 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.
r. 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;
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
vi. Hot water solar panel stub -outs shall be
provided.
13. Recreational Facilities: A minimum one thousand square
foot (1000) Club House, 50'x30' Swimming Pool a
minimum of two regulation sized Tennis Courts and the
central Open Space area improvements must be completed
and the central open space area must be completed and
000136
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 70
capable of Homeowner use prior to or concurrently with
the final inspection of the first residential
structure.
14. Architectural Styles: The architectural styles
depicted in the Design Guidelines, Exhibit "A" (as
amended by these conditions of approval) , shall form
the basis of the evaluation of architectural treatment
to be incorporated on each residential structure for
permit issuance.
15. Gated Private Streets: Gated private street entrances
shall provide a 75 -foot wide 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. Prior to
issuance of a Zoning Clearance for construction of
entry area gates, the location shall be approved by
the City Engineer to ensure adequate stacking of
vehicles and the required truck turning radius can be
achieved consistent with the private road entry design
approved at the time of Final Map review and approval
for Tract 5187.
16. Ornamental Streetlights: -The- i=t-er}ar eft-The project
shall include ornamental streetlights and street signs
on the private streets only. The design of the lights
and signs shall enhance the community theme. The
design and placement of the lights and signs shall be
reviewed and approved by the Director of Community
Development and City Engineer prior to occupancy.
17. 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.
18. 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.
®001:3'7
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 71
19. Submittal of Construction Drawings: Prior to the
issuance of a Zoning Clearance for 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.
20. Water Impoundment: All water impoundment (s) shall be
maintained in a manner which will not create mosquito
breeding sources.
21. Citywide Traffic Mitigation Fee: As a condition of the
issuance of a building permit for each residential
unit within the boundaries of the Tract Map, Developer
shall pay City at the time of issuance of a Zoning
Clearance for construction, 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. The amount of the
Citywide Traffic Fee shall be $4,240.00 per
residential unit. Commencing January 1, 2003, and
annually thereafter, the Citywide Traffic Fee shall be
increased to reflect the change in the State Highway
Bid Price Index for the twelve (12) month period that
is reported in the latest issue of the Engineering
News Record that is available on December 31 of the
preceding year ( "annual indexing "). In the event
there is a decrease in the referenced Index for any
annual indexing, the Citywide Traffic Fee shall remain
at its then current amount until such time as the next
subsequent annual indexing which results in an
increase.
22. 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
711.4; the project is not operative, vested or final
until the filing fees are paid.
000138
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 72
23. 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.
24. Traffic System Management Plan: Prior to the issuance
of a Zoning Clearance for construction for each
residential unit, the permittee shall make a
contribution to the Moorpark Traffic Systems
Management (TSM) Fund of $1,444.00 per residential
unit to fund TSM programs or clean -fuel vehicles
programs as determined by the City. Commencing on
January 1, 2005, and annually thereafter the Air
Quality Fee shall be adjusted by any increase in the
Consumer Price Index (CPI) until all fees have been
paid. The CPI increase shall be determined by using
the information provided by the U.S. Department of
Labor, Bureau of Labor Statistics, for all urban
consumers within the Los Angeles /Anaheim /Riverside
metropolitan area during the prior year. The
calculation shall be made using the month of
•December over the prior month of
December. In the event there is a decrease in
the CPI for any annual indexing, the fee shall remain
at its then current amount until such time as the next
subsequent annual indexing which results in an
increase.
25. AOC Fee: Prior to issuance of a building permit, the
Developer shall pay to the City the Area of
Contribution (AOC) Fees for Los Angeles Avenue AOC -
and Gabbert Road /Casey Road AOC. The Applicant shall
also contribute to any cumulative traffic fee program
adopted by the City prior to issuance of the first
000139
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 73
residential building permit for the project. AOC fees
shall be those that are in effect at the time of
building permit issuance. In addition to the AOC fees
(Los Angeles Avenue and Gabbert Road /Casey Road), 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. Fees shall be paid prior to the
issuance of these permits.
26. Park and Recreationa -i Facilities Fee: Prior to
approval of Zoning Clearance for residential unit
building permit, the subdivider shall pay fees in
accordance with Section 8297 -4 of the City's
Subdivision Ordinance (Parks and Recreation
Facilities).
27 "
11eaa±mt-tiient- ef Real Estate
ef t .t-ate of C- a ifern.a, whieh requ±res
Irate— SIS�7 ef the ake f-a,ilt area within t1:1e
deeumenLm aelrznewle nentef d-ieeleurc . Developer is
required to include within the Final Subdivision
Public Report issued by the Department of Real Estate
of the State of California, which requires
................ _ . - - - ---- ......_....._.._......_..__. - - - - - -- ..... - - -- .._. —._... - --- -------------
notification and disclaimer to all buyers of lots in
Tract 5187, a City Attorney approved notification of
the future State Route 118 bypass (referred to as the
........__ __. -- --
North Hills Parkway) and location of the 200 -foot
right- of -wav required by the General Plan Circulation
000140
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 74
2-4—.28
B..
f:
0 r
L�1� 'v :.. <�1 ,. ti-
C?
'Z.U...ti Ii'.J
s
:'�J�.
r LiF- C7...
t
,.. _.. r_'�.11 C.
' 1 in '{ "
( . ?i_A oi
1/
"A"
d
SC:10 U__e
St�� oT ei E
" 1 e,
Pub C
Rep o
and
_
D is .,1 ,�.I re
_._._
St.�t�en,e ,:
_11 e
{ >ic..ed
klry all
F-e
v °er, o �gmen - o:t.
.,.:rler t a kncv-_i -e 1.osi..._:
During construction, Developer shall allow all
persons holding a valid cable television franchise
issued by the City of Moorpark ( "Cable Franchisees ")
to install any equipment or infrastructure (including
conduit, power supplies, and switching equipment)
necessary to provide Franchisee's services to all
parcels and lots in the Project. Developer shall
provide notice of its construction schedule to all
Cable Franchisees sufficiently in advance of
construction to allow the Cable Franchisees to
coordinate installation of their equipment and
infrastructure with that schedule. City shall provide
Developer a list of Cable Franchisees upon Developer's
request.
In the event the cable television services or their
equivalent are provided to the Project or individual
lots under collective arrangement or any collective
means other than a Cable Franchisee (including, but
not limited to, programming provided over a wireless
or satellite system contained within the Project), the
HOA shall pay monthly to City an access fee of five
percent (5 %) of gross revenue generated by the
provision of those services, or the highest franchise
fee required from any City Cable Franchisee, whichever
is greater. "Gross revenue" is as defined in Chapter
5.06 of the Moorpark Municipal Code and any successor
amendment or supplementary provision thereto.
CITY ENGINEER CONDITIONS:
The City Engineering conditions
Vesting Tentative Tract Map No.
Residential Planned Development Permit
of approval for
5187 apply to
No. 99 -2.
C. VENTURA COUNTY FIRE DEPARTMENT CONDITIONS:
29.30
The vegetation management requirements of the Fire
Hazard Reduction Program shall be clearly defined. The
000141
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 75
-2 -31
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.
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.
3 .32. 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 open space
west of the project if these lots are renumbered prior
to recordation of the Final Map).
32.33. 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
000142
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 76
standard fire safety requirements prior to issuance of
building permits.
43 -.34. 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.
34 -35
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.
35.36. _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.
36-37.
__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.
37. 3 8. 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
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.
3 ;9.40.
Street
District
occupancy.
signs consistent with County Road and Fire
Standards shall be installed prior to
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.
000143
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 77
4G -- 41 .
41.42
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.
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.
42.43.
Portions of this development within a designated
hazardous fire area shall meet hazardous fire area
building code requirements.
43-44.
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.
44.45.
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.
45.46.
All grass or brush exposing any structures to fire
hazards shall be cleared for a distance of 100 feet
prior to framing.
000144
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 78
D. VENTURA COUNTY WATERWORKS DISTRICT NO. 1
4-= —4 7 .
E:
48.49
CONDITIONS:
__Prior to issuance
shall provide Ventura
following:
of a building permit, Applicant
County Waterworks District the
a. Water and sewer improvement plans in the format
required.
b. Hydraulic analysis by a registered Civil Engineer
to determine the adequacy of the proposed and
existing water and sewer lines.
C. Copy of approval of fire hydrant locations by
County of Ventura Fire Protection District.
d. Copy of Release from Calleguas Municipal Water
District.
e. Cost estimates for water and sewer improvements.
f. Fees: Plan check, construction inspection,
capital improvement charge, sewer connection fee
and water meter charge.
g. Signed Contract to install all improvements and a
Surety Bond.
VENTURA COUNTY FLOOD CONTROL DISTRICT
CONDITIONS:
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.
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.
F. POLICE DEPARTMENT CONDITIONS:
49 -50. 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
000145
Resolution No. 2002 -
Vesting Tentative Tract Map No. 5187 and
Residential Planned Development Permit No. 99 -2
Page 79
�. 51.
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 design features incorporated into the
project shall occur prior to initiation of the
building plan check process.
_ Enforcement of Vehicle
a Zoning Clearance for
shall request the City to
codes on subject property
Section 21107.7.
Codes: Prior to Issuance of
Construction, the Developer
enforce appropriate vehicle
as permitted by Vehicle Code
G. MOORPARK UNIFIED SCHOOL DISTRICT CONDITION:
—52.
Prior to issuance
residential components
mandated school impact
issuance of a building
Moorpark Unified School
of building permits for the
of the project, all legally
fees applicable at the time of
permit shall be paid to the
District.
H. BUILDING DEPARTMENT CONDITIONS:
52.53.
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.
54. _The final grading plan shall meet all standards of
the Uniform Building Code (UBC) and City slope setback
criteria as may be required.
S4.55
Spark Arrestor: An approved spark arrestor shall be
installed on the chimney of any structure(s).
00014+6
SEND
P ROADWAY
R SHOULDER
680
6
E
VEL LANE
L@
IMO ED—
(pm)
LANE
(R")
TRACT No: 5187
IMPROVEMENTS
REPARED BY
45 B—CA 8— VTTM No. 5187 FCR-OW
F PROPOSED IMPROVEMENTS SHEET 2 OF 3
W.
BI HEAD BV,TON,,AND ASSOC.
.OS
BY
CA B1 316 SECTION C SECTION D s =° _aICTION E a MEAD
ANC lEA WALNUT CANYON CORRIDOR P. R.C. C I ND. 25171
DATE
-.2
c"J
fa O C=:) > ,,j
8>
w cm
c
o
0
PA
4
-lj
680
E
L@
E
L@
EXTENT OF
TRACT No: 5187
IMPROVEMENTS
REPARED BY
45 B—CA 8— VTTM No. 5187 FCR-OW
F PROPOSED IMPROVEMENTS SHEET 2 OF 3
W.
BI HEAD BV,TON,,AND ASSOC.
.OS
BY
CA B1 316 SECTION C SECTION D s =° _aICTION E a MEAD
ANC lEA WALNUT CANYON CORRIDOR P. R.C. C I ND. 25171
DATE
-.2
c"J
fa O C=:) > ,,j
8>
w cm
c
o
0
PA
4
-lj