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RES CC 2023 4152 2023 0104
RESOLUTION NO. 2023-4152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVING GENERAL PLAN AMENDMENT NO. 2016-02, VESTING TENTATIVE TRACT MAP FOR TRACT NO. 5847 (2016-02), AND RESIDENTIAL PLANNED DEVELOPMENT NO. 2016-02 FOR THE SUBDIVISION AND DEVELOPMENT OF 134 SINGLE-FAMILY RESIDENTIAL UNITS, AND FIVE FUTURE SINGLE-FAMILY HOMES ON ESTATE LOTS, INCLUDING PRIVATE ROADS, COMMUNITY PARKS, OPEN SPACE, TRAILS, AND ASSOCIATED ON- AND OFF-SITE IMPROVEMENTS ON APPROXIMATELY 68 ACRES OF PROPERTY, LOCATED AT 5979 GABBERT ROAD, ON THE APPLICATION OF JAMES AND MAKENZIE RASMUSSEN ON BEHALF OF MOORPARK PROPERTY 67, LLC WHEREAS, on October 31 , 2016, James and Makenzie Rasmussen, on behalf of Moorpark Property 67, LLC (Applicant) submitted a development application for the General Plan Amendment No. 2016-02 ("GPA"), Zone Change No. 2016-02 ("ZC"), Residential Planned Development No. 2016-02 ("RPD"), Vesting Tentative Tract Map for Tract No. for Tract No. 5847 (2016-02) ("VTTM"), and Development Agreement No. 2016- 02 ("DA") for the subdivision and development of 134 residential units and five future residential lots, including associated open space, parks, and landscaping, as well as roadways, stormwater and detention facilities, and associated improvements on 68 acres of property generally located north of Poindexter Avenue, west of Gabbert Road, and inclusive of Assessor Parcel Nos. 511-0-190-285 and 511-0-190-305 (the "Project"); and WHEREAS, pursuant to Section 15074 of the State Guidelines for the California Environmental Quality Act ("CEQA" and the "State CEQA Guidelines"), an Initial Study and Initial Study and Draft Mitigated Negative Declaration ("MND"), dated September 2022 has been prepared and, based on the type and intensity of the Project and information contained therein, the Draft MND concluded that the Project, with the proposed mitigation measures, would not have a significant adverse effect on the environment; and WHEREAS the MND further identified that the project will have no or less than significant effects on aesthetics, agriculture and forestry resources, energy, greenhouse gas emissions, hazards and hazardous materials, hydrology/water quality, land use/planning, mineral resources, noise, population/housing, public services, recreation, tribal cultural resources, utilities/service systems, and wildfire. In addition, the Draft MND identified that the Projects impacts on air quality, biological resources, cultural resources, Resolution No. 2023-4152 Page 2 geology/soils, and transportation are potentially significant but can be reduced to less than significant levels by implementation of the mitigation measures identified in the MND; and WHEREAS, on September 22, 2022, the City of Moorpark Community Development Department, as the lead agency for the Project, published pursuant to CEQA a Notice of Intent to Adopt a MND for the Project (State Clearinghouse No. 2022090401) ("NOI") analyzing the potential impacts of the Project on the environment and provided copies of the NOI and Draft MND for a 32-day public comment period, between September 22, 2022, and October 24, 2022; and WHEREAS, the City received seven comment letters during the Draft MND public review period and thereafter prepared written responses to all comments received on the Draft MND and those responses to comments were incorporated into the Final MND. The Final MND is hereby incorporated by this reference and is on-file with the Community Development Department; and WHEREAS, in connection with the approval of a project involving the preparation of an MND that identifies one or more potentially significant environmental effects, CEQA requires the decision-making body of the lead agency to incorporate feasible mitigation measures that would reduce those potentially significant effects to a less than significant level; and WHEREAS, pursuant to CEQA Section 15074, whenever a lead agency approves a project requiring implementation of measures to mitigate or avoid potentially significant effects on the environment, the lead agency is required to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation. A copy of the Mitigation Monitoring and Reporting Program ("MMRP") for the Project, which defines the measures which would be imposed to mitigate potentially significant environmental impacts is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, at a duly noticed public hearing on November 22, 2022, the Planning Commission considered the Final MND and proposed Project, including the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter, adopting Resolution No. PC-2022-686 recommending that the City Council adopt the Final MND and approve the Project; and WHEREAS, at a duly noticed public hearing on January 4, 2023, the City Council considered the Final MND and proposed Project, including public testimony both for and against the proposal, and reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: Resolution No. 2023-4152 Page 3 SECTION 1. The findings made in this Resolution are based upon the information and evidence set forth in the Final MND and upon other substantial evidence that has been presented at the hearings and in the record of the proceedings. The Final MND, agenda reports, technical studies, and appendices, plans, specifications, other documents and materials, and record of public testimony that constitute the record of proceedings on which this Resolution is based (the Project Record) are on-file for public examination during normal business hours at the City of Moorpark, Community Development Department, 799 Moorpark Avenue, Moorpark, California, 93021. Each of these documents is incorporated herein by reference. SECTION 2. The City Council finds that agencies and interested members of the public have been afforded the legally-required notice and opportunity to comment on the Final MND and Project. SECTION 3. Prior to taking action, the City Council has heard, been presented with, and reviewed and considered the information and data in the Project Record, including oral and written testimony presented for and during the public hearings. The City's independent environmental consultants, City staff, and the Applicant's agents have reviewed and analyzed the comments received associated with the Project's MND. SECTION 4. The City Council, pursuant to CEQA Guidelines Section 15074, finds in connection the adoption of the Final MND: 1) That the MND reflects the City Council's independent judgment and analysis; 2) the MND was presented to, and reviewed and considered by, the City Council together with all comments received during the public review period; 3) the MND has been completed in compliance with the State CEQA Guidelines; 4) the MND contains a complete and accurate reporting of the environmental impacts associated with the Project; 5) the Project will not result in a significant effect on the environment because the mitigation measures described in the MMRP (Exhibit A) have been incorporated into the Project as conditions of approval; and 6) based on its { review of the whole record before it, there is no substantial evidence in the record supporting a fair argument that the Project will have a significant effect on the environment. SECTION 5. No comments or any additional information submitted to the City have produced any substantial new information requiring additional environmental review or recirculation of the MND pursuant to CEQA, because no new significant environmental impacts were identified, nor was any substantial increase in the severity of any previously disclosed environmental impacts identified. SECTION 6. CITY COUNCIL ADOPTION OF MND - Pursuant to Public Resources Code Section 21081.6, the City Council adopts the MND, and the associated MMRP attached hereto as Exhibit A of this Resolution, and incorporated herein by reference, and adopts each mitigation measure set forth therein, and imposes each mitigation measures a Condition of the Project's approval. Resolution No. 2023-4152 Page 4 SECTION 7. GENERAL PLAN AMENDMENT FINDINGS — Upon recommendation by the Planning Commission, the City Council hereby finds that GPA 2016-02, as depicted in Exhibit B, by which the General Plan land use designation for portions of the Property is changed from Rural Low Density Residential (RL) to Medium Density Residential (M) and Open Space (OS) is consistent with the other elements, policies, and programs of the General Plan, based upon the General Plan Consistency Analysis provided in the MND, staff report(s), accompanying studies, and all oral and written public testimony that was presented as part of the public hearing for this Project. SECTION 8. VESTING TENATIVE TRACT MAP FINDINGS — Based upon the Project Record, the City Council makes the following findings related to the VTTM, included as Exhibit C, in accordance with the State Subdivision Map Act and Section 16.24.050 of the Moorpark Municipal Code: A. The VTTM conforms to the applicable development standards contained in the General Plan, as amended by GPA 2016-02, by allowing for the development of the Project, as outlined in the Project Record. B. The design and proposed site improvements associated with the Project are consistent with the applicable development standards of the Moorpark Municipal Code and are found to be compatible with residential developments in the vicinity of the Project. C. The Project site is physically suitable for the proposed type of residential development and the proposed subdivision, in that all applicable development standards and subdivision requirements, including access, have been met by the proposed Project. D. The site is physically suitable for the proposed density of the development because the type and intensity of the Project are consistent with the applicable General Plan and zoning designations approved with the Project. The Project Site also is designed in a manner that complies with all applicable standards for fire access, water and utility service, development, and parking requirements. E. Pursuant to CEQA, the MND considered potentially significant environmental effects associated with the Project and determines that, with the impositions of the MMRP, would not result in any significant impacts to the environment. Therefore, the design of the subdivision and proposed improvements are not likely to cause substantial environmental effects. F. The design of the subdivision is not likely to cause serious public health problems, in that adequate sanitation, water service, fire protection, and related infrastructure are feasible, proposed, and required as a condition of approval of the Project. Resolution No. 2023-4152 Page 5 G. The design of the subdivision and the type of improvements proposed would not conflict with easements acquired by the public at-large for access through, or use of the property within the proposed subdivision, in that full access to and from the Project has been incorporated via Gabbert Road and North Hills Parkway in the design of the project. Furthermore, the Project has been required to include new and modified easements to reflect improvements associated with public access and utility construction. H. The proposed subdivision is consistent with regulations adopted by the State Board of Forestry and Fire Protection pursuant to Sections 4290 and 4291 of the Public Resources Code and with the requirements of the Ventura County Fire Protection District Ordinance regulating fire, land, and life safety for new developments. I. The proposed subdivision is located in a very high fire severity zone and will be provided fire protection services by the Ventura County Fire Department. Improvements related to fire protection and suppression, including site access, fire hydrant placement and related requirements will be provided consistent with the regulations and standards set forth by the State and Ventura County Fire Department. J. The proposed subdivision, to the extent feasible, provides for future passive or natural heating and cooling opportunities in that the proposed lot sizes and configuration permit orientation of structures with southern exposure and setbacks are provided between residential structures to allow prevailing breezes to pass through the individual lots and structures on those lots. K. The proposed subdivision is designed to comply with water quality discharge requirements and would not result in a violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. SECTION 9. RESIDENTIAL PLANNED DEVELOPMENT FINDINGS - Based upon the information set forth in the Project Record, the City Council makes the following findings in accordance with the City of Moorpark Municipal Code Section 17.44.040: A. As outlined in the Project Record, including the agenda report, Final MND, and associated studies, the site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the General Plan, Zoning Ordinance, and any other applicable regulations. B. As outlined in the Project Record, including the agenda report, Final MND, and associated studies, the site design would not result in negative impacts on or impair the utility of Project, structures, or uses in the surrounding area. As Resolution No. 2023-4152 Page 6 proposed and conditions, the Project site provides required parking, access improvements, site lighting, utility service, storm water biofiltration, and landscaping improvements necessary to serve the proposed use and prevent impacts to adjacent properties. The proposed Conditions of Approval (Exhibit D) would ensure the proposed residential use would not negatively impact the surrounding area. C. As outlined in the Project Record, including the agenda report, Final MND, and associated studies, the proposed residential use and site improvements are compatible with the existing and permitted uses in the surrounding area. The proposed Project includes architectural elements, colors and materials which are similar and/or complimentary to nearby residential uses, including grading and landscaping which will help screen the residential development from existing neighborhoods and nearby travel routes. SECTION 10. HILLSIDE DEVELOPMENT FINDINGS: Based upon the information set forth in the staff reports, accompanying studies, the Project Final MND and appendices, and oral and written public testimony, the Planning Commission finds that this Project is exempt from the provisions of the Hillside Management Ordinance as permitted by Moorpark Municipal Code Section 17.38.030(M) because of the proposed Development Agreement associated with the Project. SECTION 11. CITY COUNCIL APPROVAL— Based on all the findings contained in this Resolution and based on all evidence in the Project Record, the City Council hereby approves the following: A. General Plan Amendment No. 2022-02 as depicted in Exhibit B; B. Vesting Tentative Tract Map for Tract No. 5847 (2016-02) as depicted in Exhibit C and subject to the Conditions of Approval included in Exhibit D; and C. Residential Planned Development Permit No. 2016-02 subject to the Conditions of Approval included in Exhibit D. SECTION 12. EFFECTIVE DATE OF ENTITLEMENTS AND APPROVALS — Adoption of the Project MND and MMRP, and General Plan Amendment No. 2016-02 shall become effective immediately upon the effective date of this Resolution. RPD No. 2016-02 and VTTM 2016-02 shall take effect immediately upon the effective date of the Ordinance that approves Zone Change No. 2005-02 and Development Agreement No. 2016-02 associated with the Project. Resolution No. 2023-4152 Page 7 SECTION 13. Filing of Resolution: The City Clerk shall certify to the adoption of this resolution and shall cause a certified copy to be filed in the book of original resolutions. PASSED AND ADOPTED this 4th day of January, 2023. .A ritta.�— Chris R. Enegre' , Mayor 1 oQP •gti4s mir ill Ky Spa gler, Cit Jerk n Zt '• 'ite) o�41111111plia� T: Attachments: 0, Exhibit A: Mitigated Negative Declaration Mitigation Monitoring and Reporting Program (State Clearinghouse No. 2022090401) Exhibit B: General Plan Amendment No. 2016-02 Exhibit Exhibit C: Vesting Tentative Tract Map for Tract No. 5847 (2016-02) Exhibit D: Conditions of Approval Resolution No. 2023-4152 EXHIBIT A Page 8 MITIGATION MONITORING AND REPORTING PROGRAM NORTH RANCH RESIDENTIAL PROJECT MOORPARK, CA Prepared for: CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Prepared by: CHAMBERS GROUP, INC. 600 West Broadway, Suite 350 Glendale, California 91204 November 2022 Resolution No. 2023-4152 Page 9 MITIGATION MONITORING AND REPORTING PROGRAM Public Resources Code,Section 21081.6 (Assembly Bill 3180) requires that mitigation measures identified in environmental review documents prepared in accordance with California Environmental Quality Act (CEQA)are implemented after a project is approved.Therefore,this Mitigation Monitoring and Reporting Program (MMRP) has been prepared to ensure compliance with the adopted mitigation measures during the construction and operational phase of North Ranch Residential Project. The City of Moorpark is the agency responsible for implementation of the mitigation measures identified in the MND.This MMRP provides the City of Moorpark with a convenient mechanism for quickly reviewing all the mitigation measures including the ability to focus on select information such as timing.The MMRP includes the following information for each mitigation measure: • The phase of the project during which the required mitigation measure must be implemented; • The phase of the project during which the required mitigation measure must be monitored; and • The enforcement agency. The MMRP includes a checklist to be used during the mitigation monitoring period.The checklist will verify the name of the monitor,the date of the monitoring activity, and any related remarks for each mitigation measure. "073 a CDCD y 0-g c " a° c o 'm stao o v . m 7f. 3 0° sT3 E $ <°1 3 $ F. 3 P CD O m r'mg 'is .0. N0 nF, 3a2 m » am 3c v3 me gzs0 ' o Q m`c IHU! 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IIIII . .a ii i I p "i iiipllll ';`,, i I I'' I giii- ll I \` li I li a "iljp 'bib 11� IIIII loci ilia / 1 \, 1, nip. . Iplll • .2 I.11E / 1 iP' iill l iiillltl I t • ' il 1Mill . �I 4., iiiill li11 '© \ ; \l 1 1,,1\\ ia 1 I I 1 �m- ore, j \'I 15 r 1 ‘\ \ \ • . . I,,i II%L U IC,1 &V \ _ A/ 15 ti_ ,\ ' r - \ - // I l\ Ir '��t \ \',\ `\ i 61 , '` — s. s! ' m oa oa' , \�t� 1 18 1 ge ,.\ , 1 1 / % I z (]:)' � _ h\ �_ --` it _ 4./ryf a¢i4' TS" J�lIIc 11 p \y■l yr� � s , A1) � �� Y �M r{ }��" 4 4 4 /t 38 -.1 , t .. I �J 9 nay m , ' , v �3, ;�; r ' \ a1� _ - o Fm _ I , otogeogoaeoogoossooeeeseel m e ) a —I 1, a g i v Resolution No. 2023-4152 Page 27 EXHIBIT D CITY OF MOORPARK CONDITIONS OF APPROVAL Project Approval Date: January 18, 2023 Entitlement Expiration Date: January 18, 20251 Development Agreement Term: 15 years The applicant/permittee is responsible for the fulfillment of all conditions and standard development requirements, unless specifically stated otherwise. General Conditions In addition to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances, Resolutions and Regulations, Development Agreements, Permittee expressly accepts and agrees to comply with the following Conditions of Approval and Standard Development Requirements of this Permit: 1) Within thirty (30) calendar days of approval of this entitlement, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of Agreement/Notice shall include a legal description of the subject property and have the appropriate notary acknowledgement suitable for recordation. [CDD] 2) This Vesting Tentative Tract Map (VTTM 5847) and Residential Planned Development Permit (RPD 2016-02) expires two years from the effective date of its approval unless the use has been inaugurated by issuance of a building permit for construction and recordation of the Final Map. The Community Development Director may, at his/her discretion, grant up to two additional one-year extensions for use inauguration of the development permit if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards use inauguration during the initial period of time, unless otherwise extended by the Subdivision Map Act. The request for extension of this VTTM and RPD must be made in writing, at least 30 days prior to the expiration date of the permit and must be accompanied by applicable entitlement processing deposits. [CDD] 1 Expiration not applicable to legislative actions including Development Agreement, General Plan Amendment, and Zone Change which become effective upon project approval and/or subject to their respective terms. Resolution No. 2023-4152 Page 28 3) The Conditions of Approval of this entitlement and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map and/or plans or on the entitlement application. This language shall be added as a notation to the Final Map and/or to the final plans for the planned development. [CDD] 4) Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. [CDD] 5) Should continued compliance with these Conditions of Approval not be met, the Community Development Director may modify the conditions in accordance with Municipal Code Section 17.44.100 and sections amendatory or supplementary thereto, declare the project to be out of compliance, or the Director may declare, for some other just cause, the project to be a public nuisance. The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.170). [CDD] 6) The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning this entitlement approval, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other sections of state law as applicable and any provision amendatory or supplementary thereto. The City will promptly notify the applicant of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether Resolution No. 2023-4152 Page 29 a Final Map is ultimately recorded with respect to the subdivision or a building permit is issued pursuant to the planned development permit. [CDD] 7) If any of the conditions or limitations of this approval are held to be invalid, that holding does not invalidate any of the remaining conditions or limitations set forth. [CDD] 8) All facilities and uses, other than those specifically requested in the application and approval and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. [CDD] 9) Entitlement Processing: Prior to the approval of any Zoning Clearance for this entitlement the applicant shall submit to the Community Development Department all outstanding entitlement case processing fees, including all applicable City legal service fees. This payment must be made within 60 calendar days after the approval of this entitlement. [CDD] 10) Condition Compliance: Prior to the issuance of any Zoning Clearance, building permit, grading permit, or advanced grading permit, the applicant shall submit to the Community Development Department the Condition Compliance review deposit. [CDD] 11) Any expansion, alteration or change in architectural elements requires prior approval of the Community Development Director. Those changes in architectural elements that the Director determines would be visible from abutting street(s) may only be allowed, if, in the judgment of the Community Development Director such change is compatible with the surrounding area. Any approval granted by the Director must be consistent with the approved Design Guidelines (if any) for the planned development and applicable Zoning Code requirements. A Permit Modification application may be required as determined by the Community Development Director. [CDD] 12) The applicant agrees not to protest the formation of an underground Utility Assessment District. [CDD & PW] 13) The continued maintenance of the subject site and facilities is subject to periodic inspection by the City. The Applicant and his/her successors, heirs, and assigns are required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) working days from written notification. [CDD] 14) No noxious odors may be generated from any use on the subject site. [CDD] Resolution No. 2023-4152 Page 30 15) The applicant and his/her successors, heirs, and assigns must remove any graffiti within five days from written notification by the City of Moorpark. All such graffiti removal must be accomplished to the satisfaction of the Community Development Director. [COD] 16) If any hazardous waste or material is encountered during the construction of this project, all work must be immediately stopped and the Ventura County Environmental Health Department, the Ventura County Fire Protection District, the Moorpark Police Department, and the Moorpark City Engineer and Public Works Director must be notified immediately. Work may not proceed until clearance has been issued by all of these agencies. [CDD, VCFPD, MPD, VCEHD & PW] 17) All landscaping must be maintained in a healthy and thriving condition, free of weeds, litter and debris. All paved surfaces: including, but not limited to, the parking area and aisles, drive-through lanes, on-site walkways must be maintained free of litter, debris and dirt. Walkways, parking areas and aisles and drive-through lanes must be swept, washed, or vacuumed regularly. When swept or washed, litter, debris and dirt must be trapped and collected to prevent entry to the storm drain system in accordance with NPDES requirements. [CDD & PW] 18) Prior to the issuance of a Zoning Clearance for occupancy, the applicant shall enter into the standard Caltrans tri-party maintenance agreement to maintain any landscaping within Caltrans right-of-way. The applicant and any subsequent owners shall maintain all landscaping and hardscape areas that are covered by the tri-party maintenance agreement for the life of the project. [CDD & CALTRANS] Planning 19) Mechanical equipment for the operation of the building must be ground-mounted and screened to the satisfaction of the Community Development Director. The Community Development Director may approve roof-mounted equipment, in which case, all parts of the roof mounted equipment (such as vents, stacks, blowers, air conditioning equipment, etc.) must be below the lowest parapet on the roof; and must be painted the same color as the roofing material. No piping, roof ladders, vents, exterior drains and scuppers or any other exposed equipment may be visible on the roof. [CDD] 20) Garages must consist of roll-up doors as detailed on the approved elevations. [CDD] 21) Subsequent design and permitting of the homes proposed on Lots 1 , 2, 3, 4, and 5 shall feature architecture that is in substantial conformance and complementary to the architecture approved with the RPD permit, subject to the approval of the Community Development Director. [CDD] Resolution No. 2023-4152 Page 31 22) Prior to issuance of a grading permit or building permit, Developer shall revise plans to include consistent notations indicate the locations of the dog parks (Lots G and D) and community park (Lot B) throughout the architectural, civil, tentative tract map, and landscaping plans. [CDD] 23) Prior to issuance of a Final Map, grading permit or building permit, Developer shall update plans to include details such as curb, gutter, and landscaping to be provided around the cul-de-sac of North Hills Parkway, subject to the satisfaction of the Community Development Director. [CDD, PW, PRCS] 24) Traffic calming measure should be consistently shown throughout the plans and modified as necessary subject to the approval of the Fire Department, Public Works Director, and Community Development Director. [PW, CDD, FD] 25) Prior to issuance of a Final Map and grading permit, Developer shall revise plans to include a purple pipe recycled irrigation line within the right-of-way from the west track boundary to the east at a point of connection with the Hitch Ranch Project (VTTM Landscaping plans shall also incorporate the use of the purple line for recycled water irrigation, and shall be made in connection to the east adjacent project, within the Hitch Ranch, subject to the approval of the Public Works Director. [PW, CDD] 26) Prior to issuance of a building permit, Developer shall provide evidence of the recordation of an acknowledgement on title of Lots 1-5 noting the proximity to existing livestock and rural agricultural uses located on properties immediately to the north and holding neighboring property owners harmless for associated noise, odor, and related impacts, subject to the approval of the Community Development Director. [CDD] 27) If any archeological or historical finds are uncovered during grading or excavation operations, all grading or excavation shall immediately cease in the immediate area and the find must be left untouched. The applicant, in consultation with the project paleontologist or archeologist, shall assure the preservation of the site and immediately contact the Community Development Director by phone, in writing by email or hand delivered correspondence informing the Director of the find. In the absence of the Director, the applicant shall so inform the City Manager. The applicant shall be required to obtain the services of a qualified paleontologist or archeologist, whichever is appropriate to recommend disposition of the site. The paleontologist or archeologist selected must be approved in writing by the Community Development Director. The applicant shall pay for all costs associated with the investigation and disposition of the find. [CDD] 28) In the event that Project site excavation and construction activities expose tribal cultural resources (i.e., sites, features, or artifacts) encountered during construction activities for the Project, the temporary halting of construction Resolution No. 2023-4152 Page 32 activities near the encounter and notification of the City and any Native American tribes traditionally and culturally affiliated with the geographic area of the Project would be required. If the City determines that the potential resource appears to be a tribal cultural resource (as defined by PRC Section 21074), the City will provide any affected tribe a reasonable period of time to conduct a site visit and make recommendations regarding the monitoring of future ground disturbance activities, as well as the treatment and disposition of any discovered tribal cultural resources. The Applicant will then implement the tribe's recommendations if a qualified archaeologist reasonably concludes that the tribe's recommendations are reasonable and feasible. The recommendations would then be incorporated into a tribal cultural resource monitoring plan; and, once the plan is approved by the City, ground disturbance activities could resume. In accordance with this mitigation which shall become a condition of approval, all activities would be conducted in accordance with regulatory requirements. [CDD] 29) The Site Landscaping Plan shows trees along Gabbed Canyon basin. To avoid future root damage to the flood control facilities, please locate all trees away from the channels and basin. [VCPWA-WP] 30) When fencing is proposed for use during construction or during the life of the Project, fences should be constructed with materials that are not harmful to wildlife. Prohibited materials include, but are not limited to spikes, glass, razor, or barbed wire. Fencing should also be minimized so as not to restrict free wildlife movement through habitat areas. The Los Angeles County's Significant Ecological Areas Ordinance Implementation Guide offers additional information on permeable fencing. [CDD] 31) Transportation of heavy construction equipment and/or materials which requires use of oversized-transport vehicles on State highways will need a Caltrans transportation permit. Caltrans recommend large size truck trips be limited to off- peak commute periods. [Caltrans] 32) A Will Serve Letter from Ventura County Waterworks District No.1 (VCWWD) is necessary to confirm that VCWWD-1 can provide and supply the calculated Project needs at full build-out. [VCWWD-1] 33) Prior to obtaining a grading permit, the applicant shall obtain a watercourse/encroachment permit issued by the Ventura County Watershed Protection District. [VCWPD] 34) Prior to zoning clearance, the applicant shall sign a VCPWA-WP instrument to not oppose membership of a future special assessment district which will collect fees to pay for the reconstruction, replacement, repair, or rehabilitation of the Gabbert/Walnut Canyon drainage system which serves the property and has known deficiencies. [VCWPD] Resolution No. 2023-4152 Page 33 35) Prior to zoning clearance, the applicant shall record a VCPWA-WP legal instrument (document, deed, covenant, or other) on the property title which will hold VCPWA-WP harmless for any flood damage that may occur, effective until the Project's channel connections are completed and accepted by VCPWA-WP. [VCWPD] 36) Prior to obtaining a grading permit, the applicant shall provide a drainage study that shows adequate mitigation measures will be implemented to prevent negative impacts to Gabbert/Walnut Canyon channels due to increased site imperviousness and resultant stormwater runoff. [VCWPD] 37) Prior to submitting an application for a Final Map, Developer shall revise the map exhibit to show an easement for a future extension of the multi-use trail along the westerly tract boundary to the northwest corner of the tract, subject to the approval of the Community Development Director. [CDD, PW" CEQA Mitigation Measures MM-AQ-1: The developer shall ensure that all onsite vehicles and equipment with horsepower greater than 50 shall meet, at a minimum, EPA Tier IV final engine certification requirements. If Tier IV final equipment is not available, the contractor may apply other technologies available for construction equipment such that it would achieve a reduction in NOx and particulate matter emissions comparable to that of Tier IV final construction equipment. Where alternatives to EPA Tier IV are utilized, the contractor shall be required to provide evidence that these alternative technologies would achieve comparable emissions reductions. Certifications or alternative reduction strategies shall be required prior to receiving a construction permit. MM-AQ-2: The developer shall ensure that the architectural coating activities shall be phased such that they extend for a minimum of 150 days over the duration of the Project construction. MM-BIO-1: If it is feasible, the clearing of vegetation and construction activities will be conducted between August 31st and February 1st, which is outside of the typical breeding/fledging season for the sensitive bird species and migratory birds that may nest on or in the immediate vicinity of the Project site. If clearing of vegetation and construction activities within the selected projects are planned between February 1st and August 31st, then breeding bird surveys will be conducted by qualified biologists at a maximum of seven days prior to the commencement of activities. Nests and birds exhibiting breeding behavior will be identified within 500 feet of the area to be impacted and efforts will be made (including the creation of appropriate buffers around the nests and areas used by breeding birds, rerouting vehicular traffic, limiting the number of vehicles, the use of non-mechanized tools, etc.) to limit disturbances to the nests. A qualified biologist will monitor the identified nests and birds exhibiting breeding behavior during the duration of the work or until successful fledging occurs, whichever comes first. If the monitor notes that identified birds and nests are Resolution No. 2023-4152 Page 34 being negatively affected by the construction activity, then the buffers will be increased to an appropriate distance to ensure fledging is successful. After the completion of the construction activities or the completion of onsite breeding activities, a letter report summarizing the work and its effect on the breeding birds will be produced and submitted to the California Department of Fish & Wildlife (CDFW). MM-BIO-2: Prior to the commencement of ground disturbance or vegetation removal activities, including but not limited to grubbing, grading, and fuel modification, two preconstruction surveys for special-status wildlife species, including coast horned lizard, coastal western whiptail, California glossy snake (Arizona elegans occidentalis), Coast patch-nosed snake, and western spadefoot, by a qualified biologist(s) to determine presence/absence of these species at the site. The first survey shall be conducted within 14 days and the second survey shall be conducted within three days of commencement of ground or vegetation disturbing activities. These surveys should coincide with weather conditions that are conducive for each species; sunny late-spring or summer days with above-average temperatures for, coast horned lizard, coastal western whiptail California glossy snake and the Coast patchnosed snake spadefoot. If any of the four species are found to occur onsite during the additional surveys, then Mitigation Measure BIO-3 shall be instituted. MM-BIO-3: If any individual of the four species are found during the survey, then a salvage program will be initiated for the site. The salvage program will consist of the capture of individuals from the area to be impacted by the Project implementation and their relocation to a predetermined offsite location, which has CDFW's approval, with appropriate habitat that will not be impacted by the Project activities or other construction activities in the vicinity. Time allowed for the salvage program will be determined by the size of the Project site and the abundance of the species that are found onsite. The salvage program will continue with the monitoring of the initial ground disturbance construction activities. The salvage program will conclude when all of the ground within the grading limits has been affected by construction activities. After the completion of the salvage program a letter report summarizing the surveys and salvage opportunities will be prepared and submitted to the CDFW. MM-BIO-4: Prior to the initiation of any grading and during initial grubbing and topsoil salvage, biologists shall attempt to capture and relocate all reptiles within the impact area. Other ground dwelling wildlife, i.e. amphibians and mammals, shall be relocated if the opportunity presents itself. Wildlife shall be relocated to preserved areas of the site when appropriate or to nearby (in the same watershed) permanent open space areas. It is assumed that a two-person team can adequately salvage the reptiles on the entire site in half a day. MM-BIO-5: To reduce impacts resulting from construction vehicle traffic, routes and trips shall be restricted to a minimum number. Earth-moving equipment shall be confined to the narrowest possible corridor during construction. Earth-moving and other construction equipment shall be confined to the Project footprint and shall not operate or maneuver in areas outside the Project footprint. The entire edge of grading shall be fenced with brightly colored "snow fence" or similar material. This shall serve to alert equipment Resolution No. 2023-4152 Page 35 operators of the grading limits. All vehicle access shall be via areas within the impact zone. No temporary access roads shall be made through portions of the site that shall be preserved as natural open space. MM-BIO-6: The construction of litter barriers (i.e.: walls or small mesh-chain link fence) around the Project site shall be accomplished in order to limit the progression of litter into the open spaces of the Project area or surrounding areas. Continuous deflective separation units shall be installed in the storm drain inlets to remove gross pollutants from storm water. MM-BIO-7: In order for any remaining unmodified natural open space within or adjacent to the Project site to continue to function as a natural part of the regional ecosystem to the greatest extent possible, the applicant shall develop a management plan for the protection and maintenance of remaining onsite open space areas. The plan shall be incorporated into the CC&R's for the tract and shall contain at least the following elements: • Goals and Objectives • Permitted and Prohibited Uses • Exotic Plant and Animal Management • Litter Management • Responsible Parties • Funding • Enforcement and Penalties • Trespass Remediation • Contingencies The Project's Homeowners Association is expected to be the long-term owner of the any remaining unmodified natural open space and would be responsible for any necessary maintenance. MM-BIO-8: To reduce coastal sage scrub loss resulting from fuel modification, a fuel modification zone shall be developed to restrict brush clearance to the minimum distance specified by the Ventura County Fire Department. Clearance distances shall take into account the presence of any block walls used between developable areas and the adjacent native habitat areas. MM-BIO-9: Any coastal sage scrub that is remaining after full Project development will be preserved and enhanced. Any natural open space areas (excluding areas of mule fat scrub and southern alluvial fan scrub) and not affected by fuel modification requirements will be used for the creation of coastal sage scrub. Details of the proposed restoration and creation efforts and success criteria shall be described in a Mitigation and Monitoring Plan that is to be approved by CDFW prior to implementation. Resolution No. 2023-4152 Page 36 MM-BIO-10: Grading and fuel modification impacts to the California brittle bush scrub plant community shall be compensated by restoration of in-kind habitat in an area(s) to be preserved as permanent open space. To the extent possible, this shall be accomplished by the on-site restoration of disturbed habitats (e.g., non-native grassland) in-kind habitats. Restoration should be implemented only where suitable conditions exist to support viable in-kind habitats. If on-site restoration is not possible, compensation for the loss or modification of the California brittle bush scrub communities may be accomplished by off-site restoration of in-kind habitat or by a contribution to an in-lieu fee program approved by the City of Moorpark. A Mitigation and Monitoring Plan shall be developed by a qualified biologist, restoration ecologist, or resource specialist, and approved by the City of Moorpark prior to issuance of the grading permit for the Project. In broad terms, the plan shall at a minimum include: • Description of the project/impact and mitigation sites • Specific objectives • Success criteria • Plant palettes • Implementation plan • Maintenance activities • Monitoring plan Contingency measures/adaptive management Success criteria shall at a minimum be evaluated based on percent cover of planted native species, as well as control of invasive plant species within the restoration area. The performance standards for the Mitigation and Monitoring Plan shall be at a minimum the following: • Within five years after introducing the native plants to the mitigation site, the acreage of restored California brittle bush scrub shall be no less than the acreage lost to project construction. • Within five years after introducing the native plants to the mitigation site, the absolute cover of native species shall be no less than 80% within the restoration area. • Non-native species in the treated area shall be less than 15% relative cover by the end of the third year of treatment and less than 5% relative cover by the end of the fifth year of treatment; and, • Restoration will be considered successful after the success criteria have been met for a period of at least 2 years without any maintenance or remediation activities other than invasive species control. The restoration project shall be initiated prior to development of the Project, and shall be implemented over a five-year period. The restoration project shall incorporate an iterative Resolution No. 2023-4152 Page 37 process of annual monitoring and evaluation of progress, and allow for adjustments to the restoration plan, as necessary, to achieve desired outcomes and meet success criteria. Annual reports discussing the implementation, monitoring, and management of the restoration project shall be submitted to the City of Moorpark. Five years after Project start, a final report shall be submitted to the City, which shall at a minimum discuss the implementation, monitoring, and management of the restoration project over the five-year period, and indicate whether the restoration project has been successful based on established success criteria. The annual reports and the final report shall include as-built plans submitted as an appendix to the report. The project shall be extended if success criteria have not been met at the end of the five-year period to the satisfaction of the City. If impacts to the California brittle bush scrub are to be mitigated by a contribution of an in-lieu fee, the applicant shall provide evidence of payment of the in-lieu fee prior to issuance of the grading permit. The fee shall be based on the cost per acre to restore or create in-kind habitat and the acreage of the plant community impacted. In-lieu fees shall be used for the restoration of in-kind habitat. MM-BIO-11: To eliminate potential unapproved or offsite grading incidents earth-moving equipment shall be confined to within the approved limits of grading during construction. The limits of grading shall be fenced so that construction equipment does not impact areas outside the approved limits of grading. MM-BIO-12: Prior to issuance of the grading permit, the Applicant shall prepare and submit a Streambed Alteration Notification package to the CDFW for alterations to CDFW jurisdictional streambed and habitat. A Streambed Alteration Agreement shall be entered into with the CDFW under Section 1602 of the California Fish and Game Code, and the Applicant shall comply with the associated conditions. Prior to issuance of the grading permit, the Applicant shall also consult with RWQCB and United States Army Corps of Engineers (USACE) to determine if permits are required from those agencies. If required, the appropriate permits shall be obtained from the RWQCB and/or USACE, and the Applicant shall comply the permit conditions. The Applicant shall provide evidence to VCDRP that the required permits have been obtained prior to issuance of a grading permit. Mitigation for unavoidable impacts to jurisdictional waters and habitat shall be provided through implementation of the Habitat Mitigation and Monitoring Plan as required by MM-BIO-13. MM-BIO-13: A habitat mitigation and monitoring plan shall be developed prior to issuance of any building or grading permit. The plan shall mitigate for permanent grading impacts to 0.24 acre (1,155 linear feet) of RWQCB waters of the State/CDFW streambed at a 2:1 ratio. The Habitat Mitigation and Monitoring Plan shall mitigate for the permanent impacts to jurisdictional areas via an acceptable mitigation approach that involves one or a combination of the onsite or offsite enhancement of degraded in- kind habitats subject to the approval of the City of Moorpark, CDFW, and RWQCB (if applicable). The preferred mitigation approach is enhancement of on-site or off-site habitats within the ephemeral drainage, including plantings of appropriate native species and weed removals. The final Habitat Mitigation and Monitoring Plan shall be developed by a qualified biologist, restoration ecologist or resource specialist and submitted to and approved by the City of Resolution No. 2023-4152 Page 38 Moorpark, CDFW, and RWQCB prior to issuance of a grading permit for the Project. In broad terms, this Program shall at a minimum include: • Description of the Project/impact and mitigation sites; • Specific objectives; • Success criteria; • Plant palette; • Implementation plan; • Maintenance activities; • Monitoring plan; and • Contingency measures. Success criteria shall at a minimum be evaluated based on appropriate survival rates and percent cover of planted native species, which shall be determined by examining reference sites, as well as eradication and control of invasive species within the restoration or enhancement area. The target species and native plant palette, as well as the specific methods for evaluating whether the Project has been successful at meeting the above-mentioned success criteria shall be determined by the qualified biologist, restoration ecologist, or resource specialist and included in the mitigation plan. The mitigation project shall be initiated prior to development of the Project. The mitigation project shall be implemented over a five-year period and shall incorporate an iterative process of annual monitoring and evaluation of progress and allow for adjustments to the program, as necessary, to achieve desired outcomes and meet success criteria. Annual reports discussing the implementation, monitoring, and management of the mitigation project shall be submitted to the City of Moorpark, Regional Water Quality Control Board (RWQCB), and CDFW. Five years after Project start, a final report shall be submitted to the City of Moorpark, RWQCB, and CDFW, which shall at a minimum discuss the implementation, monitoring, and management of the mitigation project over the five-year period and indicate whether the mitigation project has been successful based on established success criteria. The annual reports and the final report shall include as-built plans submitted as an appendix to the report. Restoration or enhancement will be considered successful after the success criteria have been met for a period of at least 2 years without any maintenance or remediation activities other than invasive species control. The mitigation project shall be extended if success criteria have not been met at the end of the five-year period to the satisfaction of the City of Moorpark, RWQCB, and CDFW. MM-CUL-1: A qualified archaeological monitor will periodically spot-check monitor Project ground disturbance activities to ensure that sensitive archaeological artifacts, features, or deposits are not being encountered. Spot-check monitoring will take place Resolution No. 2023-4152 Page 39 three (3) times a week for the duration of the Project grading and subsurface disturbance within native soils. Daily monitoring reports will be generated and submitted to the City at the end of ground disturbance as proof of compliance. If prehistoric or older historic (pre-1950s) archaeological material or features are discovered, either by the archaeological monitor or by the construction team when the monitor is not present, then a project "discovery" protocol will be followed. The discovery of material will also trigger the increasing of monitoring to full-time until no more cultural material is being encountered by the construction team, at which point spot-check monitoring will resume. MM-GEO-1: Fill soils shall be compacted to a minimum of 90 percent relative compaction. In area of fill exceeding 40 feet in vertical thickness, all tests achieve a minimum relative compaction of 95 percent. An updated seismic settlement analyses shall be completed once the 40-scale grading plan is available. Removal of the upper 10 feet of Alluvium shall occur prior to placement or fill regardless if any overlying artificial fill is planned within areas of planned structures. MM-PALEO-1: Prior to issuance of a Zoning Clearance for a grading permit, the applicant shall be required to obtain the services of a qualified project paleontologist to remain on- call for the duration of the proposed ground disturbing construction activity. The paleontologist selected must be approved in writing by the Community Development Director. Upon approval or request by the Community Development Director, a paleontological mitigation plan (PMP) outlining procedures for paleontological data recovery shall be prepared for the Proposed Project and submitted to the Community Development Director for review and approval. The development and implementation of the PMP shall include consultations with the Applicant's engineering geologist as well as a requirement that the curation of all specimens recovered under any scenario shall be through the Los Angeles County Museum of Natural History. All specimens become the property of the City of Moorpark unless the City chooses otherwise. If the City accepts ownership, the curation location may be revised. The PMP shall include developing a multilevel ranking system, or Potential Fossil Yield Classification (PFYC), as a tool to demonstrate the potential yield of fossils within a given stratigraphic unit. The PMP shall outline the monitoring and salvage protocols to address paleontological resources encountered during ground disturbing activities. As well as the appropriate recording, collection, and processing protocols to appropriately address any resources discovered. The cost of data recovery is limited to the discovery of a reasonable sample of available material. The interpretation of reasonableness rests with the Community Development Director. MM-PALEO-2: At the completion of all ground-disturbing activities, the project paleontologist shall prepare a final paleontological mitigation report summarizing all monitoring efforts and observations, as performed in line with the PMP, and all paleontological resources encountered, if any. As well as providing follow-up reports of any specific discovery, if necessary. MM-TRA-1: Electric Vehicle Charging/Parking Spaces: The Project would install electric vehicle charging and parking stations. The charging and parking stations would be part Resolution No. 2023-4152 Page 40 of Neighborhood Electric Vehicle Network for the future development of the area east of Moorpark Avenue. MM-TRA-2: Metrolink Incentives: The Project shall provide incentives for the Project residents and other potential users of the station to utilize the public transit system. The Proposed Project shall include enhanced features at the Metrolink station such as bicycle storage lockers to supplement the existing bike racks at the station. MM-TRA-3: Pedestrian Connectivity: The Project shall install on-site sidewalks and provide connections to the existing/future off-site pedestrian network. Air Pollution Control District 38) Prior to issuance of a grading permit, and to ensure that fugitive dust and particulate matter that may result from site preparation, construction and/or grading activities are reduced, the applicant shall comply with the provisions of applicable VCAPCD Rules and Regulations, which include, but are not limited to, Rule 50 (Opacity), Rule 51 (Nuisance), and Rule 55 (Fugitive Dust), and the Air Quality Assessment Guidelines. 39) Prior to issuance of a grading permit, and to ensure that ozone precursor and particulate emissions from diesel-powered mobile construction equipment are reduced to the greatest amount feasible, the applicant shall comply with the provisions of all applicable California State Laws and APCD Rules and Regulations, and the Air Quality Assessment Guidelines regarding portable construction equipment and construction vehicles. Fire Department 40) State Fire Safe Regulations: The project is located within a Local Responsibility Area (LRA) Very High Fire Severity Zone (VHFHSZ) and shall comply with the minimum standards of the California Code of Regulations, Title 14, Division 1.5, Chapter 7, Article 6, Subchapter 2, "SRANHFHSZ Fire Safe Regulations" (CCR T-14 FSR), unless modified by more restrictive local ordinances and requirements. 41) Access Road Width, Private Roads/Driveways: Private roads shall comply with Public Road Standards. 2.5-foot-wide easements shall be provided on each side of any private access road/ shared driveway to allow for curbs and fire lane signage. 42) Access road width of 24 feet minimum shall be required with no on-street parking permitted, or per Public Road Standards whichever is stricter. a) Access road width of 36 feet minimum shall be provided for residential use with parallel parking permitted on both sides. b) Gabbert Road shall be improved to County Road Standards from any tract access point to the Poindexter intersection prior to issuance of any building permit for dwellings within this tract. Resolution No. 2023-4152 Page 41 43) Traffic Calming /Speed Control Devices: Traffic calming and speed control devices are prohibited within the tract development area. Any off-site traffic calming or speed control devices (speed humps, pillows, etc.) require approval of the City and the Fire Department and prior to installation. Speed bumps are prohibited. 44) Turnarounds Shared Use - Fire Department turnarounds serving 2 or more lots shall be located in a HOA lot or HOA easement. The HOA lot or easement shall be a minimum of 5 feet wider than the required driveway and turnaround area widths (2-1/2 feet each side). 45) Turning Radius: The access road shall be of sufficient width to allow for a 50-foot centerline turning radius at all turns in the road. 46) Vertical Clearance: All access roads / driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' 6"). Clear of building to sky. 47) Construction Access - Prior to combustible construction, all utilities located within the access road and the first lift of the access road pavement shall be installed. 48) Site Access: Two (2) separate means of ingress/egress shall be provided to all areas of the development in accordance with CCR T-14 FSR and Fire Department access standards. Required secondary ingress/egress (secondary access) shall be provided and maintained at all times prior to issuance of any dwelling building permit within the project area. If the required secondary access travels through a construction area, provisions shall be implemented to separate the construction area such that the required secondary access is available through the construction area at all times, day and night. Dead-end roads shall not exceed 800 feet. 49) Secondary Access to Los Angeles Avenue: This project is conditioned to extend a secondary access road from the west side of the project to Los Angeles Avenue as indicated on VTM 5847, Sheet 7, Overall Access Plan. All required access easement and permits necessary from any agency to install this required secondary access road shall be obtained prior to the issuance of any building permit for the development. Grading and improvement plan for this secondary access road shall be submitted to the City and the Fire Department for review and approval prior to construction of the access road. By acceptance of these conditions of approval, the applicant and or developer waives the provisions of Government Code Section 66462.5. Failure of the applicant and or developer to obtain the required easements and permits will cause this project to not comply with the findings required under Government Code Section 66474.02 and will require a redesign of the project to provide the required secondary access. Resolution No. 2023-4152 Page 42 50) Parking Prohibited: The property owner(s) are hereby advised that parking on access roads less than 36 feet in paved width, on any shared driveways, and fire department turnarounds is prohibited. Provisions shall be provided to allow enforcement of no parking limitations by law enforcement agencies. 51) Fire Lanes / Access Review (Submit prior to Building & Safety approval): The Applicant shall submit two site plans to the Fire District for review and approval of Access and location of fire lanes. Prior to occupancy, all fire lanes shall be posted "NO PARKING-FIRE LANE-TOW AWAY" in accordance with California Vehicle Code, the International Fire Code and current VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within recorded access easements. 52) Road / Street Name Required: Public and private roads shall be named if serving more than four (4) parcels or as required by the Fire department. 53) Street Names: Prior to recordation of street names, proposed names shall be submitted to the Fire District's Fire Prevention Bureau for review and approval. Prior to issuance of a Final Map, street names must be approved by the City Council, pursuant to the City's Street Naming Policy. 54) Street Name Signs: Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with City of Moorpark Standards. 55) Address Numbers (Single Family Homes): Address numbers, a minimum of 4 inches (4") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Brass or gold-plated numbers shall not be used. Where structures are set back more than 150 feet (150') from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. 56) Address Number Plan: A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers. 57) Fire Hydrant Plan: Prior to construction, the applicant shall submit plans to the Fire District for placement of fire hydrants. On plans, show existing hydrants within 500 feet of the development. Indicate the type of hydrant, number and size of outlets. 58) Fire Hydrant(s) Required: Fire hydrant(s) shall be provided in accordance with current adopted edition of the Ventura County Fire Code, Appendix C and adopted amendments. On-site fire hydrants may be required as determined by the Fire District. Resolution No. 2023-4152 Page 43 59) Fire Hydrant Design (Single Family Homes): Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Ventura County Water Works Manual and the following: a. Each hydrant shall be a 6-inch wet barrel design and shall have one (1) 4 inch and one (1) 2 1/z inch outlet. b. The required fire flow of 1000 GPM 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 set back from the curb face 24 inches on center. e. No obstructions, including walls, trees, light and signposts, meter, shall be placed within three (3) feet of any hydrant. f. A concrete pad shall be installed extending 18 inches out from the fire hydrant. g. Ground clearance to the lowest operating nut shall be between 18 to 24 inches. 60) Hydrant Location Markers: Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap is completed. 61) Fire Sprinklers: All structures shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance at time of building permit application. 62) Hazardous Fire Area: This project is located in a Hazardous Fire Area and all structures shall meet hazardous fire area building code requirements. Contact the Building Department for requirements. 63) Hazard Abatement - Structures: All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to construction of any structure and shall be maintained in accordance with State Law and VCFPD Ordinance. 64) Hazard Abatement - Roads and Driveways: All grass and brush shall be cleared to a distance of ten (10) feet on each side of all access roads / driveways. 65) Fuel Modification Zone and Landscape Plans: The developer shall provide Fuel Modification Zone (FMZ) and or Landscape plans prepared by a licensed landscape architect to VCFD for review and approval as follows: Resolution No. 2023-4152 Page 44 a. Tracts and multiple lot projects: Plans shall be submitted for approval before the start of construction. This includes slopes, common areas, and individual lot landscaping install by the developer. b. Individual Parcels: Plans shall be submitted for approval prior to installation and or modification of any vegetation / landscape. This includes owner installed landscaping after original purchase of a parcel or building from the developer. 66) Spark Arrester: An approved spark arrester shall be installed on the chimney of any structure(s). 67) Fire Department Clearance: Applicant shall obtain VCFD Form #126 "Requirements for Construction" prior to obtaining a building permit for any new structures or additions to existing structures. 68) Phasing Plan: Applicant shall submit a phasing plan to the Fire Department for review and approval prior to construction. Police Department 69) Prior to issuance of building permit, developer shall submit a lighting plan for the community park. 70) Prior to issuance of building permit, developer shall submit a landscape maintenance plan for the community park, ensuring shrubbery is maintained no higher than 2' and tree canopies no lower than 6'. 71) Park benches need to have a center arm rest in order to prevent people from sleeping on them. If security cameras or any other type of security at the park is planned, approval by the Moorpark Police Department is required. Public Works 72) Prior to Grading Permit issuance, all domestic water and sanitary sewer improvements shall be reviewed and approved by Ventura County Waterworks District No. 1. 73) For any proposed sanitary sewer lift stations, final location shall be approved by the City Engineer and Community Development Director. 74) Prior to any Grading Permit issuance, the applicant shall obtain approval and/or permit, if applicable, from Ventura County Watershed Protection District for any storm water connection(s) and discharges into Watershed facilities. Resolution No. 2023-4152 Page 45 75) All private driveway intersections within the development shall provide adequate sight-distance for all approaches for all users, including pedestrians and cyclists. Sight-distance analysis shall be provided to the City Engineering Division for review and acceptance. 76) Prior to Grading Permit issuance, site access and fire hydrant locations shall be reviewed and approved by the Ventura County Fire Department. 77) Prior to Building Permit issuance, any existing sub-surface septic systems shall be removed. 78) The applicant shall submit Precise Grading Plans, prepared by a California Registered Civil Engineer, detailing the design of finished surfaces including parking lot pavement, curbs, curb and gutter, local depressions, sidewalks disabled access parking, ramps, connections to public right-of-way and disabled access circulation within the site. The plans should include design grades for proposed buildings, including pad and finished floor elevations, required over- excavations cut/fill slopes, keyways, subdrains, limits and details of any required remedial grading. Required retaining walls shall be detailed with top of wall/top of footing callouts every 25 to 50 feet, related finished grades at the top of walls, and details of provisions for subdrains and connections to approved points of disposal. Precise Grading Plans shall be submitted to the City of Moorpark Public Works Department for review and approval prior to the issuance of a Grading Permit. 79) The applicant shall submit a design level Geotechnical Report prepared by a Geotechnical Engineer and Engineering Geologist. The Geotechnical Report shall provide specific recommendations for cut/fill slopes, foundations, retaining walls, temporary excavations, utility trenches, by the proposed development. The report shall present detailed geotechnical recommendations for design and construction of the proposed project and improvements, as well as mitigation of known geologic hazards. The Geotechnical Report shall be prepared in accordance with the County of Ventura standards and shall be submitted to the City of Moorpark Public Works Department for review and approval prior to the issuance of a Grading Permit. 80) All pavement structural sections shall be designed by the project Geotechnical Engineer and Engineering Geologist and submitted in conjunction with the final geotechnical report for review and approval by the City of Moorpark Public Works Department prior to the issuance of a Grading Permit. 81) All slopes shall be 2:1 (horizontal to vertical) or less in accordance with the approved geotechnical studies. Resolution No. 2023-4152 Page 46 82) The applicant shall provide for the mitigation of the potential for liquefaction and lateral spreading, and well as the densifying of soils underlying and providing support for the proposed buildings based on the recommendations in the project Geotechnical Report. The applicant will provide for a specific design and method of ground improvement to satisfy the above requirements. Ground improvement design and liquefaction mitigation shall be submitted to the City of Moorpark Public Works Department for review and approval prior to the issuance of a Grading Permit. 83) The applicant shall eliminate or remediate all geologic hazards associated with this proposed development to the satisfaction of the City of Moorpark Public Works Department. 84) The applicant agrees to address and mitigate any and all engineering and geotechnical design and construction issues not contained within these conditions, associated with the proposed development that may arise during final design. 85) All existing and proposed easements shall be reflected on the project plans. 86) All grading and excavation shall be observed and documented by the project Geotechnical Engineer, who shall verify that the excavation, grading, subdrainage, backfill, compaction, and related operations are executed by the site construction personnel in conformance with the provisions of the approved Geotechnical Report. Any deficiencies noted shall be brought to the attention of the grading contractor and the City. Such observations, verifications, related tests, and other pertinent documentation shall be submitted to the City of Moorpark Public Works and Community Development Departments for review and approval prior to the issuance of a Building Permit. 87) Rough Grade Report: At the completion of rough grading, the project Geotechnical Engineer shall submit a comprehensive rough grade report summarizing the required observations, verifications, related tests, and other pertinent documentation to the City of Moorpark Public Works and Community Development Departments for review and approval prior to the issuance of a Building Permit. 88) Rough Grade and Building Pad Certifications: Upon completion of rough grading, the applicant shall submit Rough Grade and Building Pad Certifications on the City's forms. The certifications shall be signed by the project Geotechnical Engineer and project Civil Engineer, as well as the Grading Contractor. The certification shall be accompanied by as-built survey where deemed necessary by the City Engineer to verify compliance with the limits and elevations required by the approved grading and drainage plans. The Rough Grade and Building Pad Certifications shall be reviewed in conjunction with the Rough Grade Report by the City of Moorpark Public Works Department for approval prior to issuance of a Building Permit. Resolution No. 2023-4152 Page 47 89) Approval of Rough Grading: The project Rough Grade Report and Rough Grade and Building Pad Certifications shall be reviewed and approved by the City Engineer. Evidence of such approval shall be provided to the Community Development Department, Building and Safety Division, prior to the issuance of a Building Permit. No Building Permit shall be issued for the project without these approvals. 90) Final Grade Certification: Prior to the issuance of a Certificate of Occupancy (C of 0), the applicant shall submit a Final Grade Certification on the City's form. The Final Grade Certification shall be reviewed and approved by the City Engineer prior to the issuance of a C of 0 for the project. 91) The proposed grading along the eastern portion of the Tract boundary encroaches into Southern California Edison easements for overhead electrical lines. Applicant shall obtain approvals from Southern California Edison to construct the proposed grading, street, and infrastructure improvements. SCE access roads to the towers are also impacted by the proposed grading improvements. Project shall mitigate the removal of SCE facilities to the satisfaction of SCE, the City Engineer, and Community Development Director. Final Map 92) Prior to Final Map approval, applicant shall provide all improvement plans for review and concurrence from the Engineering Department. 93) Prior to Final Map approval, all public utility easements shall be reviewed and accepted by the utility provider(s) and/or public agency(ies). 94) The Final Map shall contain a plat which reflects the subject property, property lines, easements of record, any new easements proposed (which are intended to be conveyed by the Final Map), a metes and bounds legal description, basis of bearings, data tables and other pertinent data. 95) The applicant's engineer shall plot all referenced easements on the site plans, grading plans and Final Map. Public and Private Streets and Related Improvements 96) Prior to Grading Permit Issuance, all street and right-of-way dedications and vacations shall be reviewed for technical correctness and acceptance by the City. 97) All driveway approaches that cross an accessible path or sidewalk shall be Americans with Disabilities Act (ADA) compliant. 98) Standard roadway designs, per the most current Ventura County Road Standards, shall be used for all public and private street improvements. This includes all proposed knuckles and cul-de-sac designs. Resolution No. 2023-4152 Page 48 99) The applicant shall provide plans detailing the design of the horizontal and vertical alignment for the project's access driveways and vehicle circulation to the satisfaction of the County of Ventura Fire Department and City of Moorpark Public Works Department. Such design shall utilize standards for vertical curve, sight distance and turning movement design consistent with County of Ventura, AASHTO and City of Moorpark design requirements. Design plans shall be submitted to the City of Moorpark Public Works Department for review and approval prior to the issuance of a Grading Permit. 100) The applicant shall submit Street Improvement Plans, prepared by a California Registered Civil Engineer, detailing the design of frontage improvements including curb, gutter, sidewalk, roadway pavement, drainage, signage, striping, utilities and other improvements. Plans shall include designs and details of existing and proposed sidewalk and driveway transitions compliant with the ADA as well as disabled access provisions as contained in the latest edition of the California Building Code (CBC), as amended by the County of Ventura and the City of Moorpark. Any existing frontage improvements (sidewalk, driveway(s), clearances around above-ground utility poles, utility boxes, etc.) shall be reviewed and upgraded as necessary to comply with disabled accessibility standards. Street Improvement Plans shall be submitted to the City Engineer and Public Works Director for review and approval prior to the issuance of a Grading Permit. 101) Developer shall extend North Hills Parkway to culminate in a cul-de-sac immediately west of the project entry at proposed Lot C. Developer shall provide street improvements, the dedication of right-of-way and required easements as outlined in the Development Agreement and subject to the approval of the Public Works Director / City Engineer. 102) Applicant shall dedicate to the City of Moorpark the required right-of-way for North Hills Parkway. 103) Any offsite grading and drainage or construction easements for the construction of North Hills Parkway shall be obtained by the Applicant prior to Grading Permit issuance. 104) Emergency access roads shall be reviewed and approved by the County Fire Department and provide all-weather access. Any proposed drainage conveyance device along the proposed emergency access roads shall be designed and installed subject to the approval of the Public Works Director and upon the Developer's proof that all required easement(s) have been recorded. 105) Any associated improvements to the existing At-Grade Railroad Crossing for the purposes of the emergency access road shall be reviewed by the appropriate Railroad Authority. All railroad improvement, if any, shall be designed and constructed by the Applicant. Resolution No. 2023-4152 Page 49 Drainage and Hydrology 106) All storm water detention, retention, and impoundment facilities shall provide access for maintenance purposes. This includes, but is not limited to, maintenance access roads, vehicle and/or man gates, and adequate space to maneuver equipment. 107) Provide a complete Hydrology and Hydraulic Report for the entire development. This includes all technical analysis for storm water impoundment and conveyance facilities, peak flow mitigation analysis, storm water runoff calculations, and facility sizing design requirements. If the improvements are to be phased, any interim drainage condition shall be considered as part of the proposed improvements. 108) If drainage is conveyed to adjacent properties, additional easements and/or approvals may be required. 109) The applicant shall submit a Project Drainage Report, prepared by a California Registered Civil Engineer, to address existing and proposed hydrology, including offsite flow patterns which currently influence the project site. Report shall address developed hydrology associated with the site development, based on the provisions of the Ventura County Hydrology Manual and associated methodology, addressing both 10-year and 100-year existing and proposed drainage conditions, including provisions for the interception and conveyance of the 10-year design storm and flood hazards associated with the 100-year storm. Calculations for the mitigation of increased stormwater runoff shall be provided to support on-site detention facility sizing. Calculations shall address the detailing and sizing of area drains, catch basins and storm drain laterals on-site, and shall be coordinated with the project Storm Drain Plans. The Project Drainage Report shall be submitted to the City of Moorpark Public Works Department for review and approval prior to the issuance of a Grading Permit. 110) The applicant's engineer shall provide for detention of on-site storm drainage, based on either offsite storm drain capacity limitations or a no net increase' approach, whichever yields the greater volume or required detention. In either case the required volume shall be calculated by unit hydrograph or other approved means. Such calculations shall be included in the Project Drainage Report. 111) Unless specifically approved by the City of Moorpark, the on-site storm drain system shall be privately owned and maintained. Storm drain plans shall clarify that the on-site storm drain system is not to be maintained by either the City of Moorpark or the County of Ventura. 112) Any storm drainage connections into County Watershed facilities shall be reviewed and approved by the County for acceptance. Resolution No. 2023-4152 Page 50 113) All off-site storm water discharge, including the proposed storm drain facilities at the intersection of North Hills Parkway and Gabbed Road shall obtain the necessary drainage easements from private property owners and governmental agencies. NPDES: 114) Development shall conform to the current requirements for the County's MS4 permit for new developments. 115) All storm water facilities shall conform to the most current Ventura County Technical Guidance Manual for Storm Water Quality Control Measures. This includes all HOA and Facilities District-maintained storm water quality facilities. 116) In-tract improvements shall incorporate Low Impact Development standards. 117) A State Storm Water Pollution Prevention Plan is required for all ground disturbing activities that are greater than one acre. Prior to Grading Permit issuance, a Notice of Intent (NOI) and the SWPPP shall be filed with the State Water Resources Control Board, and a Waster Water Discharge Identification Number and Construction General Permit must be obtained. 118) Development shall conform to the current requirements for the County's MS4 permit for new developments. The applicant's engineer shall design required water quality mitigation features and related storm water mitigation volumes (Qpm) in accordance with the Ventura County Technical Guidance Manual for Stormwater Quality Control Measures, NPDES and City requirements. Calculations shall be submitted with the Project Drainage Report. All covenants shall be submitted to the City of Moorpark Public Works Department for review and approval and be recorded prior to Grading Permit issuance. 119) The applicant's engineer shall provide for the mitigation of the project's storm water quality impacts. The applicant's engineer shall provide calculations for the sizing and location of devices intended to mitigate such impacts and coordinate the locations of required water quality treatment devices on the Storm Drain Plans. The details of the required devices shall be included in the Project Drainage Report and the Project Plans. 120) Prior to the issuance of any construction/Grading Permit and/or the commencement of any qualifying, grading or excavation, the applicant for projects with facilities identified as subject to the State Board General Industrial and Commercial permits shall prepare and submit a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP must address post-construction compliance with stormwater quality management regulations for the project. The SWPPP, improvement plans and grading plans must note that the contractor shall comply with the latest edition of the California Best Management Practices New Resolution No. 2023-4152 Page 51 Development and Redevelopment Handbook, published by the California Stormwater Quality Association. The SWPPP must comply with the Ventura Countywide Stormwater Quality Management Program Land Development Guidelines, Technical Guidance Manual for Stormwater Quality Control Measures, and the Stormwater Management Program (SMP) to develop, achieve, and implement a timely, comprehensive, cost effective stormwater pollution control program to reduce pollutants to the maximum extent practicable. The SWPPP must be prepared in compliance with the form and format established in the Ventura Countywide Stormwater Quality Management Program, and submitted, with appropriate review deposits, for the review and approval of the City Engineer/Public Works Director. The proposed plan must also address all relevant NPDES requirements, maintenance measures, estimated life spans of Best Management Practices facilities, operational recommendations and recommendations for specific Best Management Practices technology, including all related costs. The use of permanent dense ground cover planting approved by the City Engineer/Public Works Director and Community Development Director is required for all graded slopes. Methods of protecting the planted slopes from damage must be identified. Proposed management efforts during the lifetime of the project must include best available technology. "Passive" and "natural" BMP drainage facilities are to be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or similar "active" devices is not acceptable and may not be used without specific prior approval of the City Council. The use of biological filtering, bio-remediation, infiltration of pre-filtered stormwater and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non-disruptive fashion is required. As deemed appropriate for each project, the SWPPP must establish a continuing program of monitoring, operating and maintenance to: a) Provide discharge quality monitoring. b) Assess impacts to receiving water quality resulting from discharged waters. c) Identify site pollutant sources. d) Educate management, maintenance personnel and users, to obtain user awareness and compliance with NPDES goals. e) Measure management program effectiveness. f) Investigate and implement improved BMP strategies. g) Maintain, replace and upgrade BMP facilities (establish BMP facility inspection standards and clear guidelines for maintenance and replacement). h) Secure the funding, perpetuity, to achieve and maintains items a through 9. Resolution No. 2023-4152 Page 52 121) Proposed grading improvements and cut for North Hills Parkway shall be reviewed by the Community Development Department for City conformance to any applicable Development Code and Standards. Solid Waste 122) Prior to issuance of construction permits, the applicant shall provide a Recycling Bin Plan for any common areas for review and approval of the City's Solid Waste Management staff. Bins must be labeled with "Recycling Only" and bins containing mixed material must be sent to a State-approved recycling center or transfer station where the material is to be sorted for proper recycling. Applicant will also be required to divert 65% of all non-hazardous construction materials from landfill. 123) Sufficient space must be provided in any trash enclosure for the storage of containers for recycling, green waste and at least one additional 95 gallon food waste bins to satisfaction of the City's Solid Waste Management staff. Alternatively, a separate enclosure must be provided depending on the anticipated volumes of recyclable and green or organic waste material. 124) Prior to issuance of building permits, the applicant shall submit a Construction and Demolition Materials Management Plan Estimate for the review and approval of the City's Solid Waste Management staff and Building and Safety Division for recycling of waste materials consistent with the aforementioned requirement. The Plan must include estimated quantities for each type of material to be diverted or landfilled. 125) Prior to final inspection, the applicant must submit a Final Report Construction and Demolition Waste Letter of Documentation (including premium gate tickets) to the Building and Safety Division, demonstrating compliance with the Construction and Demolition Materials Management Plan Estimate and indicate the total amount of construction and demolition waste diverted. 126) Prior to issuance of a zoning clearance for a building permit, the applicant shall provide a trash enclosure plan for the review and approval of the City's Solid Waste Management staff and Community Development Director. Trash enclosure must include a solid-screen gate with a solid roof design to match building and be of sufficient size to accommodate appropriate trash bins. 127) All properties must have at least three feet of gate access to allow for trash carts to be moved through the gate. Resolution No. 2023-4152 Page 53 Parks and Recreation 128) Prior to issuance of Final Map, grading permit, or building permit, Developer shall detail the continuation of the trail along North Hills Parkway to the western side and provide a connection to the sidewalk along the western street, subject to the approval of the Parks and Recreation Director. 129) Easement(s) shall be over a portion of Lot A and Lot 5, subject to the satisfaction of the Public Works Director and Parks and Recreation Director. Resolution No. 2023-4152 Page 54 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2023-4152 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 4th day of January, 2023, and that the same was adopted by the following vote: AYES: Councilmembers Castro, Delgado, Groff, Means and Mayor Enegren NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 9th day of January, 2023. Ky5-9 S ler,' p Cit erk er ' (seal)