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HomeMy WebLinkAboutAG RPTS 2003 0819 PC REGResolution No. PC- 2003 -451 PLANNING COMMISSION REVISED REGULAR MEETING AGENDA TUESDAY - August 19, 2003 7:00 P.M. Moorpark Community Center 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 799 Moorpark Avenue 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting and for Discussion items prior to the beginning of the first item of the Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Copies of each item of business on the agenda are on file in the office of the Community Development Department /Planning and are available for public review. Any questions concerning any agenda item may be directed to the Community Development Department at 517 -6233. S: \Community Development \ADMIN \COMMISSION \AGENDA \2003 \03 00819 pca.doc Planning Commission Agenda August 19, 2003 Page No. 2 6. CONSENT CALENDAR: A. Regular Meeting Minutes of July 1, 2003. 7. PUBLIC CObWENTS : 8. PUBLIC HEARINGS: (next Resolution No. 2003 -451) A. Consider General Plan Amendment No. 98 -01, Zone Change No. 98 -01, Tentative Tract Map No. 5130, and Residential Planned Development Permit No. 98 -02, Located on the East Side of Walnut Canyon Road, South of and Immediately Adjacent to the Ventura County Waterworks District Facilities, and Rescission of Resolution No. PC- 2001 -410, on the Application of Moorpark 150 LLC (SunCal Companies) (APN - 512- 0 -010- 01, 05 & 06; 512 -0- 020 -01 & 03; 512 -0- 030 -01 & 02; 512 -0- 040 -03, 04, 07, 13, 14 & 24; 512 -0- 050 -14 & 35) Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2003- recommending to the City Council adoption of the Mitigated Negative Declaration; approval of General Plan Amendment 1998- 01, Zone Change 1998 -01, Residential Planned Development Permit No. 1998 -02 and Tentative Tract Map No. 5130 with recommended Conditions of Approval; and rescission of Resolution No. PC- 2001 -408, Resolution No. PC- 2001 -409, Resolution No. PC- 2001 -410 in their entirety. B. Consider a Public Hearing to Accept Oral Comments on the Draft Environmental Impact Report for Specific Plan No. 2001 -01: North Park Village and Nature Preserve Staff Recommendations: 1) Open the public hearing, accept public testimony and refer the comments to staff for preparation of responses for the Final Environmental Impact Report; 2) Continue the item, public hearing open, to September 16, 2003, for acceptance of additional public testimony during the extended public review period. Planning Commission Agenda August 19, 2003 Page No. 3 9. DISCUSSION ITEMS: 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. September 2, 2003 Planning Commission Meeting • National Ready Mix Conditional Use Permit • SP -2, Pardee Homes Residential Planned Development Permit Applications 11. ADJOURNMENT: --------------------------------------------------------------------------------------------------------------------------- In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 517 -6223. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104; ADA Title II). ITEM: 6.A. Planning Commission, City of Moorpark, California Minutes of July 1, 2003 Pacae 1 1 The Regular meeting of the Planning Commission was held on July 2 1, 2003, in the City Council Chambers; Moorpark Civic Center; 3 799 Moorpark Avenue; Moorpark, California; 93021. 4 1. CALL TO ORDER: 5 Chair Landis called the meeting to order at 7:15 p.m. 6 2. PLEDGE OF ALLEGIANCE: 7 Commissioner Pozza led the Pledge of Allegiance. 8 3. ROLL CALL: 9 Commissioners Lauletta and Pozza, Vice Chair DiCecco and 10 Chair Landis were present. Commissioner Peskay was absent. 11 Staff attending the meeting included Barry Hogan, Community 12 Development Director; Walter Brown, City Engineer; David 13 Bobardt, Planning Manager; and Gail Rice, Administrative 14 Secretary. 15 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 16 None. 17 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 18 Mr. Hogan requested that Item 8.C. be heard before Item 19 Nos. 8.A. and 8.B. 20 6. CONSENT CALENDAR: 21 A. Regular Meeting Minutes of June 17, 2003. 22 MOTION: Commissioner Lauletta moved and Commissioner Pozza 23 seconded a motion that the Planning Commission Regular 24 Meeting Minutes of June 17, 2003, be approved. (Unanimous 25 4:0 voice vote, Commissioner Peskay was absent.) 26 7. PUBLIC COMMENTS: 27 None. S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030701 pcm.doc 000001. 1 8. 2 3 4 5 6 7 8 9 Planning Commission, City of Moorpark, California Minutes of July 1, 2003 Paae 2 PUBLIC HEARINGS: (next Resolution No. 2002 -448) C. Consider General Plan Amendment No. 2003 -01, Zone Change No. 2003 -01, Tentative Tract Map No. 5405, and Residential Planned Development Permit No. 2003 -01, for 17 Affordable Single- Family Housing Units on a 2.5 Acre Site Located West of Walnut Canyon Road, Approximately One -Half Mile North of Casey Road. Applicant: William Lyon Homes (APN: 500 -0- 270 -050) 10 Staff Recommendations: 1) Open the public hearing, 11 accept public testimony and close the public hearing; 12 2) Adopt Resolution No. PC -2002- recommending to 13 the City Council conditional approval of General Plan 14 Amendment No. 2003 -01, Zone Change No. 2003- 15 01, Tentative Tract Map No. 5405, and Residential 16 Planned Development Permit No. 2003 -01. 17 Barry Hogan presented the staff report. 18 The Commission questioned staff regarding setbacks, 19 Mitigated Negative Declaration, affordability, Traffic 20 Systems Management fund, Traffic and Air Quality fees, 21 Development Agreement, acquisition of additional land 22 for more units, aesthetics, sidewalks, "A" Street, 23 ingress /egress on Walnut Canyon Road, CalTrans 24 approval, and additional trees /landscaping. 25 Chair Landis opened the public hearing. 26 Desmond Bunting, (William Lyon Homes -Los 27 Angeles /Ventura area), Applicant. Discussed the 28 Commissions concerns on landscaping, mitigation 29 measures for sound, the western (sound) wall, 30 conditions to satisfy Army Corp of Engineers and State 31 Fish and Game permits, proposed building elevations 32 along Walnut Canyon Road, planters along Walnut 33 Canyon, and distance between "A" Street and Tract No. 34 5187 (acceleration and deceleration lanes) required to 35 satisfy Caltrans. S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030701 pcm.doc 000002 Planning Commission, City of Moorpark, California Minutes of July 1, 2003 Paae 3 1 The Commission also questioned the applicant regarding 2 the left turn lanes on Walnut Canyon and retaining 3 walls between the homes or landscaping. 4 Edward Peters and Nancy Bowden, residents, stated 5 opposition to the proposal. 6 DeeWayne Jones, resident, spoke in favor of the 7 proposal. 8 Mr. Hogan addressed the public speakers concerns 9 regarding sidewalks, "A" Street, alternate location 10 for project, vehicle traffic, flood zone, and truck 11 traffic. 12 Three (3) written statement cards were received in 13 opposition of the proposal. 14 Chair Landis closed the public hearing. 15 The Commission's discussion included Walnut Canyon 16 Road, orientation of the houses, increasing side and 17 back yards, ingress and egress on Walnut Canyon Road, 18 bus stops, retaining wall, and the equestrian trail on 19 the 250 unit project (Tract No. 5187). 20 Chair Landis moved to reopen the public hearing to 21 allow a resident to speak who did not submit a public 22 speaker card prior to the close of the public hearing. 23 The motion died for lack of a second. 24 Mr. Hogan stated there would be another public hearing 25 notice when the matter was scheduled for City Council 26 consideration. 27 MOTION: Commissioner Lauletta moved and Vice Chair DiCecco 28 seconded a motion to approve staff recommendations and 29 adopt Resolution No. PC- 2003 -448. 30 (Motion carried with a unanimous 4:0 voice vote. 31 Commissioner Peskay absent.) 32 At this point in the meeting, the Commission recessed at 33 8:35 p.m. and reconvened at 8:48 p.m. 34 A. Consider General Plan Amendment No. 2003 -03: Amendment 35 to the Circulation Element of the General Plan to Add 36 a Westerly Extension of High Street between Moorpark 37 Avenue and Gabbert Road to the Hiqhwav Network as a S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030701 pcm.doc 0000 0 'i Planning Commission, City of Moorpark, California Minutes of July 1, 2003 Pacae 4 1 Local Collector and Add "A" Street from Tract No. 5187 2 (William Lyon Homes) to the Highway Network as a Rural 3 Collector. 4 Staff Recommendations: 1) Open the public hearing, 5 accept public testimony and close the public hearing; 6 and 2) Adopt Resolution No. PC -2003- recommending 7 to the City Council approval of General Plan Amendment 8 No. 2003 -03. (Continued from June 17, 2003 meeting.) 9 Dave Bobardt presented the staff report and included 10 maps showing the alignment of the proposed and planned 11 roads of the Circulation Element Highway Network and 12 their connections. 13 The Commission questioned staff regarding future 14 extensions outside the city, the extension of High 15 Street, the Hitch Ranch project, a project currently 16 in the GPA Pre - screen process, and the 118 Bypass 17 connector. 18 Chair Landis opened the public hearing. 19 James Hartley, Carlos Jerez, Colin Velazquez, Marla 20 Hronek, Cindy Hollister, Grace Pinkham, Gayle 21 Bruckner, Michele Berry, Jayla Haxton, Tory Berry, and 22 Eloise Brown, residents, stating opposition to the 23 proposal. 24 Six (6) written statements cards were received in 25 opposition of the proposal. 26 The Commission questioned staff regarding the 27 underpass, industrial development (A -B Properties), 28 the Hitch Ranch project, and High Street. 29 Chair Landis closed the public hearing. 30 The Commission discussed the city's notification 31 process, CEQA, the railroad, Casey Road and High 32 Street extension as part of the General Plan 33 Amendment, Hitch Ranch project, High Street as a 34 thoroughfare, increased traffic on Casey and Gabbert 35 Roads, safety, cultural heritage, traffic study and a 36 new civic center. S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030701 pcm.doc 0() 0 0 e A Planning Commission, City of Moorpark, California Minutes of July 1, 2003 Pacie 5 1 MOTION: Commissioner Pozza moved and Vice Chair DiCecco 2 seconded a motion to approve staff recommendations and 3 adopt Resolution No. PC- 2003 -449, as amended. 4 (Motion carried with a unanimous 4:0 voice vote. 5 Commissioner Peskay absent.) 6 Mr. Hogan announced that notice would be posted on the 7 City's website and the staff report would be available 8 prior to the City Council hearing. 9 B. Consider Zoning Ordinance Amendment 2002 -05, 10 Amendments to Chapters 17.20 (Uses by Zone), 17.28 11 (Standards for Specific Uses), 17.44 (Entitlement - 12 Process and Procedures), 17.60 (Amendments to the 13 General Plan, Specific Plans, Zoning Map and Zoning 14 Code) and 17.68 (Public Notice). 15 Staff Recommendations: 1) Open the public hearing, 16 accept public testimony and close the public hearing; 17 and 2) Adopt Resolution No. PC -2003- recommending 18 to the City Council approval of Zoning Ordinance 19 Amendment No. 2002 -05. (Continued from June 17, 2003 20 meeting.) 21 Barry Hogan presented the staff report. Mr. Hogan 22 indicated that the changes that were incorporated are 23 based upon comments from the City Attorney; including, 24 thresholds for Planned Development Permits, 25 differences on requirements for Planned Development 26 Permits for Commercial and Industrial, and listing of 27 the zones. 28 The Commission questioned staff on the addition of 29 zone references, exemptions, difference between 30 Planned Development Permit and Conditional Use Permit, 31 review by City Council and Planning Commission, second 32 dwelling units, floor area ratios and setbacks. 33 The were no speaker cards or written statement cards 34 submitted. 35 Chair Landis closed the public hearing. 36 MOTION: Commissioner Lauletta moved and Chair DiCecco 37 seconded a motion to approve staff recommendations and 38 adopt Resolution No. PC- 2003 -450. S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030701 pcm.doc 00 0 0 0 S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Planning Commission, City of Moorpark, California Minutes of July 1, 2003 Paae 6 (Motion carried with a unanimous 4:0 voice vote. Commissioner Peskay absent.) 9. DISCUSSION ITEMS: None. 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. July 15 and August 5, 2003: Summer Recess /Cancellation B. August 19, 2003. Chair Landis reminded the public that the 3rd of July Fireworks Extravaganza at Arroyo Vista Recreation Center starts at 4:00 p.m. Mr. Hogan advised the Commission that the North Park EIR was expected to be out for public review on or before July 11, 2003. 11. ADJOURNMENT: MOTION: Chair Landis moved and Commissioner Lauletta seconded a motion to adjourn the meeting. (Motion carried with a unanimous 4:0 voice vote. Commissioner Peskay absent.) The meeting was adjourned at 10:40 p.m. Kipp A. Landis, Chair ATTEST: Barry K. Hogan Community Development Director S: \Community Development \ADMIN \COMMISSION \MINUTES \2003 Draft \030701 pcm.doc 0000 0 C ITEM: 8. A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by Scott Wolfe, Principal Planner 1 rz DATE: July 28, 2003 (PC Meeting of 8/19/03) SUBJECT: Consider General Plan Amendment No. 98 -01, Zone Change No. 98 -01, Tentative Tract Map No. 5130, and Residential Planned Development Permit No. 98 -02, Located on the East Side of Walnut Canyon Road, South of and Immediately Adjacent to the Ventura County Waterworks District Facilities, and Rescission of Resolution Nos. PC -2001- 408, 409 and 410, on the Application of Moorpark 150 LLC (SunCal Companies) (APN - 512 -0- 010 -01, 05 & 06; 512 -0- 020-01 & 03; 512 -0- 030 -01 & 02; 512 -0- 040 -03, 04, 07, 13, 14 & 24; 512 -0- 050 -14 & 35) BACKGROUND On July 23, 2001, the Planning Commission considered a General Plan Amendment, Zone Change, Tentative Map, and Residential Planned Development for property located on the east side of Walnut Canyon Road, south of and immediately adjacent to the Ventura County Waterworks District facilities, on application filed by SunCal Companies. The requests included a change in land use designation from Rural Low with an overlay allowance for 154 units to Medium Low Density (ML) residential, a change of zoning from RE -5Ac (Rural Exclusive - 5 acre minimum lot size) to RPD -1.53 (Residential Planned Development - 1.53 units per acre), a request to subdivide approximately 70 acres into 107 residential lots, and a request to build 107 single- family, detached residences. The Planning Commission recommended approval of these requests to the City Council. The case never proceeded for City Council consideration. Since that time, the applicant has pursued the acquisition of property at the northeast corner of the original subject property in order to extend North Hills Parkway to the east to provide access to the project from the northerly extension of Spring Road. The acquisition of this approximately 2.0 acres of additional S: \Community Development \DEV PMTS \R P D \1998 -02 SunCal \Staff Rpts \pc 030819.doc 0000 0 '�i Honorable Planning Commission August 19, 2003 Page 2 property has resulted in an alteration of the originally proposed street layout, as well as, the addition of three units on a portion of the added property. As the project has changed somewhat from what was last reviewed by the Planning Commission, staff is bringing the matter back for review and recommendation to the City Council. DISCUSSION Project Setting Existing Site Conditions: The 72 acre subject property is irregularly shaped and the terrain varies from being generally flat on the higher portions of the property, to being very steep as the property drops into the drainage courses, which run to the east and west, as well as, through the center of the project site (a large ravine over 400 feet wide and about 100 feet deep with steep sides and a sandy bottom) . The upper, flat portions of the site are vegetated primarily with non - native grasses and scattered non - native trees, primarily California Pepper trees and Eucalyptus trees. The lower portions of the site are also vegetated with non - native grasses, shrubs, and trees. Stands of native trees, particularly California Black Walnut, and other individual native species also exist on the site. The property is vacant, with no development having occurred in recent years. The remnants of a paved road exist along the eastern slope of the ravine. While this may have served as access to the water tanks on the adjacent site to the north, there is no longer a clear indication of purpose for this road, and it has fallen into disrepair. Signs of disturbance of natural areas of the site include the creation of off - highway vehicular roads across the site, as well as, dumping and other evidence of trespass and loitering in the ravine. Previous Applications: Previous applications for the subject property included Tract No. 3271. This requested Tract Map, with accompanying requests for zone change and Planned Development permit, sought the development of 67 single- family residences on one -half acre lots, as well as, a 75 unit townhouse development. Filed with the County in August of 1979 (before the incorporation of Moorpark), it was withdrawn at the request of the applicant, Mr. Mark Kornwasser, in June of 1980. (1111: Honorable Planning Commission August 19, 2003 Page 3 GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site RL /OS -2 (SP -10) RE- 5Ac. /OS Vacant North OS -1 /U RA -10Ac. Water Works ......................................................................................................................................................................................................................................................................................................_............................................................................................................. South RH /H RE- lAc. /R -1 ............................... S.F. Residential East SP #2 SP #2 Vacant West M RE S.F. Residential General Plan and Zoning Consistenc The requested General Plan Amendment would change the land use designation from Rural Low (RL) to Medium Low Density (ML) Residential. While the established density for the RL designation is one unit per 5 acres, the site is identified on the General Plan as having an overlay for a maximum of 154 units. This overlay is due to the General Plan's identification of this site as the location for a Specific Plan (Specific Plan Area #10). As there is no Specific Plan being proposed for the property, it is appropriate for the Commission to recommend the deletion of Specific Plan Area #10 from the General Plan if the proposed project is to be approved. Project Summary Tentative Tract Map No. 5130: The modified Tentative Tract Map consists of 110 residential lots for single- family, detached units. The lots range in size from 8,680 square feet to 15,724 square feet. The average lot size is 11,007 square feet. Building pads within the tract range from 8,100 square feet to 13,702 square feet, with the average being 10,397 square feet. A complete listing of residential lots and their respective lot and pad areas is included as an attachment to this report (Attachment 2F). In addition to the residential lots, there are fifteen (15) other lots proposed as part of this Tract Map (See Table Below). These include private streets, open space lots, access drives, parkways, private recreational areas and paseos within the tract. Honorable Planning Commission August 19, 2003 Page 4 Planned Development Permit No. 1998 -02: Parcel Proposed Use Lot Area (acres) 1 -110 Single - family Residential (See Attachment 2 F) 26.70 A Canyon Open Space (Private) 15.76 B Walnut Canyon Open Space (Private) 6.98 C Walnut Canyon Open Space (Private) 4.67 D Wicks Road Open Space (Private) 0.29 E North Hills Parkway Future Right- of -Way (Highway 118 Bypass) 5.05 F Private Streets 8.26 F -1 Private Streets 1.28 G Private Parks 0.48 H Private Parks 0.31 I Wicks Entry 0.30 J Access to North Hill Parkway 0.52 K Paseos 0.18 K -1 Paseos 0.31 L Parkways 0.18 M Parkways 0.18 Hwy 23 (Walnut Cyn. Rd.)Dedication 0.39 Total 71.84 Proposed Project Architecture: The proposed homes range in size from 2,950 to 4,425 square feet. There are four different plans proposed, with two of the four being one -story units, and the remaining two being two -story units. Plan 1 (a one - story, 2,950 square -foot plan) will offer three bedrooms and two bathrooms, with an optional bonus room in place of the den. Plan 2 (a one - story, 3,450 square -foot plan) will offer four bedrooms and three and one -half bathrooms. Plan 3 (a two - story, 4,000 square -foot plan) will offer four bedrooms and four and one - half bathrooms. Lastly, Plan 4 (a two -story 4,425 square -foot plan) will also offer four bedrooms and four and one -half bathrooms. Plans 2, 3, and 4 offer a study, and Plans 3 and 4 also offer a bonus room upstairs. The buildings conform to the maximum building heights within the RPD zone (the tallest unit is 31'6" high), and the arrangement of two -story homes will be monitored to ensure an open "feel" to the neighborhood. 000010 Honorable Planning Commission August 19, 2003 Page 5 Each of the four product types will be built with one of three different architectural vocabularies: French Country, Craftsman, or Prairie. Each of these vocabularies is described below: French Country (Cottage): Elements of this theme include (1) steep roof pitches with dormers; (2) apparently random window and door locations; (3) vertical windows in groupings; (4) large, simple roof planes; (5) shallow overhangs; and (6) lines extending below windows at the second floor and to the top of windows on the first floor. Craftsman: Elements of this style include (1) shallow pitched roofs with deep overhangs; (2) deep porch elements with expressive structural components, such as square, tapered columns; (3) expressive structural elements such as rafters, brackets, braces, and columns; (4) a mixture of materials such as stone, shingles, and wood siding; and (5) asymmetrical massing and window and door compositions. Prairie: Elements of this style include (1) low pitched hipped roof forms with wide overhangs; (2) hipped dormers; (3) horizontal rows of windows, some with tall casements; (4) strong horizontal lines through masonry or siding design; (5) large square porch supports; and (6) upper portions of windows divided into small geometric patterns. Each architectural style will be utilized in at least 250 of the homes to be built. Each architectural style will have three color schemes, especially selected to accentuate the style. Between the variety of floor plans (4), architectural styles (3), and color schemes (3), there will be thirty -six combinations available. Add to this the ability to reverse floor plans to optimize placement on a lot, and there are seventy -two (72) possible configurations of products within a development of 110 units. This should result in a neighborhood of compatible homes but lacking the repetition often found in residential tract homes. Although a previous recommendation to the City Council called for six architectural styles, it is requested that the Planning Commission reconsider this recommendation and require only three architectural styles. While six styles would greatly increase the diversity of the development, a relatively small number of units are requested and a greater number of styles do not appear warranted. This issue is further discussed in the Analysis section. Setbacks: The project setbacks meet or exceed the current standards for single- family, detached residential development on all of its lots. 0000:11 Honorable Planning Commission August 19, 2003 Page 6 Front yard setbacks are typically at the minimum of twenty feet (20'), although there are lots with front setbacks in excess of forty feet (40'). Side yards meet, and in some cases, exceed the minimum setback of ten feet (10') in width. Rear yards also all meet, and often exceed, the twenty feet (20') minimum established by the Municipal Code. In addition to required setbacks established by the Municipal Code, there are additional setbacks within this project which must be adhered to. The presence of a potentially active fault across the property will necessitate a setback of fifty feet (50') from the fault. This setback has been accommodated through the placement of a street and open space /recreational areas on the fault line. In this way, all homes meet this required setback. Circulation: The project's circulation system is proposed to consist of private streets within a gated community. While meeting City street standards, the use and maintenance of these streets would be limited to residents and invited guests. Automatic gates would restrict access to the project. Access to and from the project would be primarily taken from North Hills Parkway, a proposed arterial street along the northern boundary of the tract, which will connect to the future extension of Spring Street as proposed within Specific Plan No. 2. However, as the timing of the Specific Plan No. 2 project is as yet uncertain, an alternative access point is proposed to be constructed along Walnut Canyon Road and utilized until such time as the North Hill Parkway /Spring Road extensions are complete. Secondary, emergency access shall be taken from Wicks Road. This issue is further discussed in the Analysis section. Additionally, within the project area, internal pedestrian and bicycle traffic is conveyed on sidewalks along streets and through "paseos," which are small parcels connecting streets and recreational facilities, such as parks or trail connections which exist within and at the perimeter of the tract. Trail connections will be constructed to connect this tract with the regional trail system. Traffic: The traffic analysis for this project indicates that the project will generate an average of ten (10) daily trips per dwelling unit, totaling slightly more than 1,000 trips per day for the project. The anticipated traffic levels in the year 2005 and the year 2015 000012 Honorable Planning Commission August 19, 2003 Page 7 (assumed regional buildout) result in adequate levels of service at all intersections affected by this project, with or without the development of this project. However, the traffic study did conclude that the intersection of Moorpark Avenue at High Street would be impacted to a Level of Service (LOS) D in 2015 should the proposed project take access from Walnut Canyon Road. Alternatively, the LOS for the same intersection would be increased to LOS C if the primary access point for the project were moved to North Hills Parkway. This diversion of traffic flow would not adversely affect the Level of Service for the intersections along Spring Road. Parking: This project will provide enclosed parking for at least three (3) cars per unit, with additional off - street parking available in the driveways. In addition, overflow parking can be accommodated in the streets. This provision of parking is more than adequate for a single- family residential development. Landscaping: As this project is a residential subdivision, the landscaping within the streetscape will be typical turf and street tree landscaping. Slopes around the project will be planted with native hydroseed mix, while trees and shrubs will include native varieties, as well as, ornamentals. Trees will be of varied sizes with 650 of the trees being of the 15- gallon size, 30% being 24- inch box sized, and 5% being 36 -inch box sized trees. The project grading and development will result in the removal of 223 mature trees from the site. The removal of these trees will require mitigation, both as a requirement of the suggested environmental mitigation measures and as a requirement of the City's Tree Ordinance (Municipal Code Chapter' 12.12). The applicant has provided the City with appraisals of all trees on the site to be removed (estimated at a value of over $475,000), and will be required to either pay the City the amount of lost value for the removed trees, or spend that money on additional landscaping (beyond that normally required) on site. The applicant has proposed to plant over 500 trees as part of the landscape plan. These trees include individual lot street trees, median trees, trees on slopes both within the project and around the perimeter, and trees for restoration of degraded habitat around the project. 000013 Honorable Planning Commission August 19, 2003 Page 8 Site Improvements and National Pollution Discharge Elimination Standards Requirements (NPDES): The City Engineer has conditioned the project to provide for all necessary on -site and off -site storm drain improvements including the imposition of National Pollution Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices Drainage Facilities are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed project will produce 26 pounds of NOx daily, which is in excess of suggested 25 pound per day threshold of significance. Air quality has been addressed as a standard condition of approval requiring a contribution to the Moorpark Transportation Systems Management Fund to off -set air pollutants, consistent with the recommendations of the 2000 Ventura County Air Quality Assessment Guidelines. ANALYSIS Issues As this project has come before the Planning Commission before, the major issues associated with this project have been previously discussed. Staff analysis of the proposed amended project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • Primary Access Point • Interface with Adjacent Properties • Changes to Previously Imposed Conditions Primary Access Point: As mentioned above, the primary access point for this tract is proposed to be from North Hills Parkway, which will connect to the future extension of Spring Road within the Specific Plan No. 2 project to the east. These roadways have not yet been constructed, but construction of North Hills Parkway between the proposed project and Spring Road would be completed by the applicant. The construction of Spring Road is required to be completed by the owner of Specific Plan No. 2, and as it is necessary to access the future developments within the Specific Plan, it is anticipated in the near future. 000014 Honorable Planning Commission August 19, 2003 Page 9 While the construction of Spring Road is anticipated to be completed prior to the completion of the subject project, this cannot be guaranteed. Therefore, the applicant has proposed an alternative access point, to be used temporarily until the Spring Road extension is constructed. This access would be taken at the west side of the project, with a driveway along the western slope to Walnut Canyon Road. If this access is constructed and utilized, it will be closed except for emergency access once the Spring Road access is available. Wicks Road is not a preferred access point, and is proposed to be only an emergency access road, because of sight distance issues along Walnut Canyon Road at the intersection of Wicks Road. However, a pedestrian gate will be open at the Wicks Road access point to permit pedestrian travel to Walnut Canyon Road, enabling residents to walk to school, recreational facilities, and shopping opportunities. The applicant is proposing to improve Wicks Road with a sidewalk on the south side of the street to Walnut Canyon Road. Interface with Adjacent Properties: While the project is relatively isolated from most other development, there are nevertheless interface issues which have arisen, particularly as obstacles pertaining to access issues and have been worked to resolution. The interface between roads and properties to the north, south, east, and west are all of concern, both to the City, as well as, adjacent property owners. The property to the north of the project is the facility for the Ventura County Waterworks District #1. The facility houses maintenance and storage facilities for equipment, as well as, a largely unimproved recreation area for District employees, and several wireless communication facilities. In order to provide security to the property once the proposed project is occupied, the District is requesting that the applicant be conditioned to construct a 6 -foot high block wall along the northern boundary of the subject property. The requirement for this wall is included in the special Conditions. As discussed under Primary Access Point section above, the Wicks Road access point will be utilized for emergency only vehicular access, but will allow pedestrian access to and from the project. To facilitate this access and provide safe passage to Walnut Canyon Road, the applicant will construct street improvements including a sidewalk along the south side of Wicks Road from the access point to Walnut Canyon Road. Additionally, the applicant will be 000015 Honorable Planning Commission August 19, 2003 Page 10 conditioned to provide street improvements along Walnut Canyon Road to the west, connecting the improvements to be installed as part of Tract No. 5405 to the intersection at Casey Road. These improvements will also include a sidewalk. On -site improvements along Walnut Canyon Road will be limited to road improvements and landscaping, without the additional dedication requirements to accommodate sidewalks on the east side of Walnut Canyon Road. The majority of the property to the east of the subject site belongs to the Specific Plan No. 2 project, and is largely included within a proposed Habitat Conservation Plan for the California Gnatcatcher. However, a parcel of land on the east side of the subject property, which is not within Specific Plan No. 2, has been acquired to construct the extension of North Hills Parkway. The property is larger than what is required for the right -of -way improvements. The surplus property contains the Coastal Sage Scrub habitat that is used by the Gnatcatcher. While likely too steep to provide nesting habitat for the birds, it is nevertheless habitat to other wildlife that can utilize it, despite its slope. Preserved, it will also provide a buffer to the Habitat Conservation Plan area to the east. Therefore, the applicant intends to dedicate the remainder of the property not used for North Hills Parkway right -of -way to the Habitat Conservation Plan area, or to some other appropriate conservation agency for preservation. Changes to Previously Imposed Conditions Staff previously brought this project to the Planning Commission in 2001, with proposed Conditions of Approval which may no longer be necessary for this project, or which may require revision. Other changes are typographic in nature and have been resolved in the new draft resolution. The two significant changes, architecture and berming, are discussed below: Architecture: The recommended conditions previously required six architectural styles, with three sub - styles per style, an architectural scheme more suited to a much larger project. A similar condition is found on the Tract No. 5187, which contains more than twice the number of homes proposed in this project. The number of combinations available with the requirement for six architectural schemes far exceeds the number of units that will be built. It also greatly increases the costs to the applicant, resulting in higher costs to the home purchasers. In larger developments, these costs can be reduced or eliminated through economies of scale. Additionally, a larger variety of styles within a smaller development can reduce the perceived integrity of the project. 00001G Honorable Planning Commission August 19, 2003 Page 11 Three styles, as currently proposed by the applicant, are appropriate for this development. With three sub - styles (varied colors and trim) , four floor plans, and "reversed" versions of floor plans, there are seventy -two possible combinations. By amending the condition to allow for only three styles, but keeping the prohibitions on identical floor plans and elevations being adjacent to each other, the project will achieve the desired architectural diversity without excessive costs or a "disjointed" appearance. Berms: While not specifically included as a condition, the previously recommended site plan included the placement of a berm along the rear of the building pads for lots 27 through 31. This berm would result in a retaining wall ranging in height from two feet to five feet behind what would otherwise be view lots. The purpose of the berm was to preserve the views of the ridgeline from viewpoints below by hiding the homes that are to be placed there. While this method accomplishes the screening goal, such a requirement is typically utilized when attempting to protect a relatively prominent and pristine ridgeline. In this case, the ridgeline, while it may be considered prominent, is far from pristine, with homes along Wicks Road which already impact the viewshed far more than these proposed homes. The rear yards of the homes are generally oriented toward the ravine on site, and the future Habitat Conservation Area within Specific Plan No. 2. Further, the homes adjacent to the edges are required to be single - story plans, and therefore will be only minimally visible from lower vantage points. The benefit to be gained from requiring the berm is minor, and does not warrant the obstruction of the views from the rear of the new homes. Staff is recommending that the requirement for this berm be deleted. Should the Planning Commission make a recommendation to the City Council for approval of the revised project, rescission of Resolution No. 2001 -408, Resolution No. 2001 -409 and Resolution No. 2001 -410 (Planning Commission recommendations on the original application) would be necessary. All applicable recommendations and conditions of approval for the revised project have been included in the Draft PC Resolution (Attachment 4). Copies of Resolution No. 2001 -408, Resolution No. 2001 -409 and Resolution No. 2001 -410 are available in the Community Development Department. 000017 Honorable Planning Commission August 19, 2003 Page 12 FINDINGS The following findings are offered pursuant to the requirements of the Subdivision Map Act: 1. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance if amended by General Plan Amendment No. 1998 -01 and Zone Change No. 1998 -01 to allow for a density up to 1.53 units per acre. 2. The design and improvements of the proposed subdivision would be consistent with the City of Moorpark General Plan if amended by General Plan Amendment No. 1998 -01 and Zone Change No. 1998 -01 to allow for a density up to 1.53 units per acre. 3. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. 4. The site is physically suitable for the proposed density of development, in that all City Development standards would be met by the proposed project. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions. 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. 7. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that easements for the widening of Walnut Canyon Road have been identified and incorporated in the design of this project. 8. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir as defined in California Government Code Section 66478.1 et seq. 000018 Honorable Planning Commission August 19, 2003 Page 13 The following findings are offered for the Residential Planned Development Permit: 1. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance, in that the proposed project will provide for the orderly development of land identified in the City's General Plan and Zoning Ordinance as appropriate for residential development. 2. The proposed project is compatible with the character of surrounding development, in that the surrounding development will include a variety of single - family, detached homes. 3. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the use proposed is similar to uses existing or proposed to the east, south, and west, and access to or utility of those adjacent uses are not hindered by this project. 4. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare, in that adequate provision of public access, sanitary services, and emergency services have been ensured in the processing of this request. 5. The proposed project is compatible with existing and planned land uses in the general area where the development is to be located, in that the existing and planned land uses in the general area are generally single- family, detached residential uses. The nearby Waterworks District facility is isolated from this project by the proposed North Hills Parkway and will neither affect, nor be adversely affected by, this development, as conditioned. 6. The proposed project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure(s) have design features which provide visual relief and separation between land uses of conflicting character, in that the proposed project complies with all development standards of the Moorpark Municipal Code, and the development will utilize high quality architectural materials and treatments to enhance the visual appeal of the structures to be constructed. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government 000019 Honorable Planning Commission August 19, 2003 Page 14 Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). However, in this case, there are legislative acts (General Plan Amendment and Zone Change) being considered in conjunction with the entitlements. Therefore, there are no time limits for processing under the above - mentioned statutes so long as the entire package presented is acted upon at one time. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA) . Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has prepared or supervised the preparation of an Initial Study to assess the potential significant impacts of this project. Based upon the Initial Study, the Director has determined that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment and has prepared a Mitigated Negative Declaration for Planning Commission review and consideration before making a recommendation on the project. STAFF RECOMMENDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 000020 Honorable Planning Commission August 19, 2003 Page 15 2. Adopt Resolution No. PC -2003- recommending to the City Council adoption of the Mitigated Negative Declaration; approval of General Plan Amendment 1998 -01, Zone Change 1998- 01, Residential Planned Development Permit No. 1998 -02 and Tentative Tract Map No. 5130 with recommended Conditions of Approval; and rescission of Resolution No. PC- 2001 -408, Resolution No. PC- 2001 -409, Resolution No. PC- 2001 -410 in their entirety. ATTACHMENTS: 1. Location Map 2. Project Exhibits A. Vesting Tentative Tract Map (Sheets 1 &2) B. Site Plan (Sheets 1 &2) C. Street Exhibit - Walnut Canyon Road D. Street Exhibit - North Hills Parkway E. Street Exhibit - Wicks Road F. Lot /Pad Area Table 3. Initial Study and Mitigated Negative Declaration 4. Draft PC Resolution with Conditions of Approval 000021. � t9V.Naw :. aio. our .- ntv® n utrr v wr Ilop.r nKr ur pan >,.,,[ --- avr /wc uK lawaea arrrr: r( !mw a.om, ® .orat P.r enact+ 0 wt6m arms aouet wtl� w,r +,lr a�� e c ,; . , y T7PMX eoe R10! 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Mme' S17-O" t 0.F 511-0 & t At 517-6N-N vL 317 -010-11 I Ik 51)-0So-N I JS YaI PaV•fD IY OtL.• I Y.010[1 ION D.f �M+Iw . •,(•i ��yjMt maw+ YAV RiMMEn Nov 11 2OW smTr J LY 5 ro n H N d C! x H O 0 C) C IQ c Kw 14+00 t3+00 t2 +00 tiMO to+w 9+00 [+a0 7.00 6+00 ...5+00 HOp 3'00 2+00 575 '" ;i/f�'iY _p Cli' ".DER; ORrKS YA.RTURA 7�^ �x 1 sso PROJECT SITE < an CW PA YOORfi( hU[ SI l Np(W7Y M.tP P.... r•.ko' 4M1 Q� _.tl p• �. u !!B BYPASS JrCAgy ,-,IS NORTH HILLS PARKWAY SPRING ROAD CONNECTION VESTING TENTATIVE r frl[¢ rr�.m TRACT NO. 5130 w arlul anr/er 147{-[I AJ Ma: 1!f-0/4pI !q 11I -�p-p M O; 1If -wk m t (K 1!I-DIO -/I 1 /S' Sll- Of4 -lI f .If MY IIII(VM[D /r AIG1 f limlgt MOOUMK ISO, LLC YAP AMPARD /A- Ij 2W2 �� STk'£r I CF S i to n H N H z H O c �l tf �, 01 o cav5mw" NOYES I L.C/ /MO O91!!>aK MIOp/ ! 1e1+(! 1' a1ll 0t r l blaf! S ..0 O�Oii !O(MIR a .6 � b'!af✓ I.VI 4fTt1IR' .MLL S IISGIS N'tOC./! 11H ([IIII? t111( t Illy! A.aBIUY /A1' /• pt♦ l!(1 A." G/�laK 1't0'lY -mI IIyWC ,Q1 10 M.1K a Sa..r a 113 /y!n[Y i�ppl WiVl L16K ll. .(!ql( PQK C.pV Il .1101f QfK O/ y0 Q, /.Q u rarw r al..s ,.• mnw la y3Rf L116K IM[LI IS 161y( CIIr 101 [CK On.il V H ffYOif Q6K QI OQ.IL It O�AQ L6'K l.0 I/ 1afLY! QI� fYi USf I.III A /A'IRC.pY fault 3 O N \\ 'Of \\ WICKS ROAD ANALYSIS VESTING TENTATIVE MMUka'1 Im•".c Oi)IOM yy.11r1 • PIT YAP PW -..40n Nov 1.1 1877 u✓- &wrr 5 CV- 5 Lot # Lot Area (sq. ft.) Pad Area (sq. ft.) 1 125265 135597 2 1 35022 121874 3 13,247 11,360 4 11,507 8,470 5 10,846 8,700 6 10,800 9,487 7 101882 95111 8 105588 8,768 9 12,171 105171 10 11,843 105547 11 12,562 125653 12 9,918 8,992 13 91208 95290 14 101038 105111 15 12,699 11,961 16 1111154 11,366 17 10,371 103447 18 107555 95771 19 91378 95460 20 95375 91457 21 95372 91454 22 101417 10,621 23 11,599 115673 24 125058 121)154 25 99946 95825 26 11,212 11,070 27 143787 13,451 28 14,734 121957 29 14,605 135431 30 121299 129265 31 10,926 101448 32 135601 12,119 33 101338 9,583 34 105413 105611 35 13,813 12,472 36 135701 125198 37 15,724 105987 38 1111108 10,886 39 10,352 101166 Tract 5130 Lot /Pad Areas Lot # Lot Area (sq. ft.) Pad Area (sq. ft.) 40 11,217 111043 41 121637 109495 42 101196 91783 43 9,835 95923 44 9,666 91755 45 81680 85885 46 8,761 8,983 47 85937 9,020 48 89807 8,894 49 99330 85825 50 131130 139335 51 12,330 121411 52 125456 12,536 53 115542 10,001 54 11,767 10,169 55 15,149 13,428 56 10,540 8,839 57 101587 8,596 58 10,965 91692 59 101707 8,100 60 10,578 95434 61 10,740 8,477 62 9,942 9,814 63 8,938 8,297 64 9,047 9,350 65 95265 91350 66 85938 9,020 67 8,938 9,020 68 13,461 135561 69 10,048 10,916 70 9,592 9,740 71 91459 91538 72 9,081 9,164 73 109177 95358 74 111693 11,799 75 115578 11,682 76 131430 135702 77 105645 115257 78 9,429 8,899 PC ATTACHMENT Lot # Lot Area (sq. ft.) Pad Area (sq. ft.) 79 101004 105080 80 101105 101181 81 95527 9,606 82 9,762 9,850 83 9,983 105072 84 9,655 9,714 85 9,797 95481 86 10,783 105169 87 11,044 9,574 88 105242 9,281 89 9,758 9,865 90 121588 11,396 91 125258 115388 92 125051 111072 93 125395 121300 94 107051 12,750 95 95854 9,264 96 91020 95264 97 1200 1 25024 98 135370 13,439 99 10,946 9,687 100 10,998 9,453 101 11,304 9,558 102 115974 81780 103 12,060 9,396 104 11,296 91175 105 91299 91,299 106 9,020 95020 107 9,730 95328 108 115592 10,500 109 95653 9,400 110 13,304 12,500 CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 Project Project 1: The Vistas Case No.: Project 1: GPA 98 -01, Zone Title: Project 2: North Hills Parkway Extension Change 98-01, TTM 5130, RPD 98- 02, Dev. Agreement Contact Person and Phone No.: Project 2: No Case # Scott Wolfe, Principal Planner (805) 517 -6236 Name of Applicants: (1) Suncal Companies and (2) City of Moorpark Address and Phone No.: (1) 21900 Burbank Blvd. Ste. 114 (2) 799 Moorpark Avenue Woodland Hills, CA 91367 Moorpark, CA 93021 (818) 348 -3033 (805) 517 -6236 Project Location: West side of Walnut Canyon Road, 2600 feet north of Casey Road General Plan Designation: RL (Rural Low) Zoning: RE -5ac. (Rural Exclusive — 5 Acre Minimum Lot Size) Project Description: This initial study describes two projects which, while separate projects, are adjacent and have impacts which should be evaluated in light of both projects. The two projects are a proposed subdivision with accompanying enabling actions and entitlements (Project 1), and a proposed road extension (Project 2). For the purposes of the accompanying checklists, where project impacts differ, Project 1 impacts will be designated with "X'" and Project 2 impacts with "X2." Where both projects share the same level of impact, that level of impact will be designated with "X." PROJECT 1 The project consists of requests for 1) a General Plan Amendment from Rural Low with an overlay allowance for 154 units to Rural High, 2) a Zone Change from RE -5Ac (Rural Exclusive — 5 acre minimum lot size) to RPD -1.53 (Residential Planned Development —1.53 units per acre), and 3) a Tentative Tract Map and Residential Planned Development Permit to subdivide approximately 72 acres into 110 lots and construct 110 single family detached residences. The project proposes to utilize Walnut Canyon Road as a primary access point, until an alternative access point via a connection to Spring Road (see Project 2, below) is completed, at which time the Walnut Canyon access point will revert to "emergency access only." Wicks Road will serve as a secondary access point in the case of both alternatives. PROJECT 2 The proposed road project will connect two proposed developments along the Highway 118 right -of -way. The development on the west is Tract No. 5130 (Project 1 described above) and the parcel on the east is the Moorpark Highlands Specific Plan project. The properties between the two projects have been acquired to complete this proposed road extension project. This connector road is located along the same alignment as the Highway 118 bypass as defined in the City of Moorpark Circulation Element and Caltrans long range development plans. Right of way has been acquired across the Specific Plan No. 2 project area as well as across other properties along its ultimate path. PC ATTACHMENT 3 1 000031 Surrounding Land Uses and Setting: North: Ventura County Waterworks Facilities South: Existing Residential Neighborhood East: Vacant Land — Approved Specific Plan #2 West: Walnut Canyon Road & Existing Residential Neighborhood Responsible and Trustee Agencies: None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Less Than Si nihcant With Mitigation, "as indicated by the checklist on the following pages. X' Aesthetics Agricultural Resources Air Quality X Biological Resources Cultural Resources X Geology /Soils X Hazards and Hazardous Materials X Hydrology/Water Quality Land Use /Planning Mineral Resources X Noise Population /Housing Public Services Recreation X Transportation/Traffic Utilities /Service Systems X Mandatory Findings of Significance None DETERMINATION: On the basis of this initial evaluation, I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project applicant. Mitigation measures described on the attached Exhibit 1 have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. Prepared by: Z Reviewed Date: D 2 0000432 INITIAL STUDY EXHIBIT 1: MITIGATED NEGATIVE DECLARATION MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM PROJECT 1: The applicant shall submit lighting plans to the City of Moorpark and reviewed for consistency with Chapter 17.30 of the Moorpark Municipal Code. Where residences or accessory uses occur adjacent to natural areas, lighting shall be designed and placed to avoid spillage of light outside of the immediate area intended to be lit. Monitoring Action: Review of Plans Timing: Prior to issuance of Building Permits Responsibility: Department of Community Development 2. The applicant shall contribute $15,000 towards the City's sensitive species research program (established as a component of the mitigation plan for the Moorpark Country Club Estates project). Monitoring Action: Acceptance of Funds Timing: Prior to Grading Permit Responsibility: Department of Community Development 3. Prior to grading or site preparation activities that would occur during the nesting /breeding season of the native bird species potentially nesting on the site (typically February through August), the applicant shall have a field survey conducted by a qualified biologist to determine if active nests of bird species protected by the Migratory Bird Treaty Act and /or the California Fish and Game Code are present in the construction zone or within 100 feet (200 feet for raptors) of the construction zone. If active nests are found, a minimum 50 foot (this distance may be greater depending on the bird species and construction activity, as determined by the biologist) fence barrier shall be erected around the nest site and clearing and construction within the fenced area shall be postponed or halted, at the discretion of the biological monitor, until the nest is vacated and juveniles have fledged, as determined by the biologist, and there is no evidence of a second attempt at nesting. The biologist shall serve as a construction monitor during those periods when construction activities will occur near active nest areas to ensure that no inadvertent impacts on these nests will occur. Monitoring Action: Review of Biologist's Report Timing: Prior to Grading permit or site preparation approval Responsibility: Department of Community Development 4. Prior to issuance of grading permits, the applicant shall develop a proposed habitat restoration plan to ensure compensation for the loss of native habitats that will occur from project development. The habitat restoration plan shall emphasize the selective use of purple needle grass (Stipa pulchra) and other native grasses in the landscape plan for the property. The plan shall also require, subject to approval of the Fire Department, the use of native plants common to Venturan Coastal Sage Scrub (e.g. Salvia apiana, Salvia leucophylla, Artemisia californica, Rhus integrifolia, Eriogonum fasciculatum, Encelia californica) in upland areas surrounding the project that are disturbed as a result of project development (geologic remediation, construction of fire access roads, etc.). The applicant shall also fund a program to provide an enhanced riparian canopy within and around the proposed detention basin consistent with requirements of the Department of Fish and Game and Army Corps of Engineers. The restoration shall be performed in accordance with current best available restoration practices. The applicant (or a designee) shall be responsible for 3 000033 maintaining the restoration areas for a period of three years or until the native grasses, riparian corridor, and perimeter plantings are successfully established. Monitoring Action: Review and approval of Plan Timing: Prior to Grading permit or site preparation approval Responsibility: Department of Community Development 5. The applicant shall fund a $25,000 contribution and participate in the Venturan Coastal Sage Scrub Community research program initiated as a Mitigation Measure for the Moorpark Country Club Estates project. The purposes of this program shall be to accurately map the remaining distribution of this community, to study its soil requirements, plant ecology, and wildlife associations, to provide management advice on the community for agencies and private individuals, to raise funds for the purpose of acquiring lands where relict stands of the community exist, and to provide guidance on restoration or propagation of the community. Monitoring Action: Acceptance of Funds Timing: Prior to Grading Permit Responsibility: Department of Community Development 6. Prior to issuance of grading permits, the applicant shall submit, for the approval of the Director of Community Development, a Habitat Enhancement Plan which shall be integrated into the Landscape Plan for the project. The intent of the Plan is to protect on -site natural systems, trees and resources and to devise methods for integrating planting suitable for recreational activities into the Landscape Plan. The Plan shall also provide guidance regarding revegetation of wetland /riparian areas that will be disturbed by construction. The advice provided in this Plan shall apply to all existing or created on -site oak woodlands, riparian areas, detention basins and fuel modification zones. The purpose of this plan shall be to increase the biological carrying capacity of these areas. Monitoring Action: Approval of Plan Timing: Prior to issuance of grading permits Responsibility: Department of Community Development 7. The applicant shall ensure that the disturbed (ruderal) vegetation zones within the conservation easement/conservation dedication area is cleaned up and, to the degree feasible, restored to a state similar to dominant surrounding native habitats. Monitoring Action: Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development 8. The applicant shall use native plants in the restoration of areas disturbed by the construction of the project. The City shall monitor the use of native plants through review and approval of all project landscape plans. Monitoring Action: Approval of Landscape Plans /Physical Inspection Timing: Prior to Building Permits Responsibility: Department of Community Development 9. The permanent removal of approximately 40 trees shall be replaced by the applicant at a 10:1 mitigation ratio by planting 400 California walnut trees in the private open space area. This tree may also be used as one of several screening trees around the southern perimeter of the development. Pepper trees (Schinus molle) shall not be used in the tree planting program. The trees should be planted dominantly within the upland areas above the detention basin,in_private 4 000034 open space. Field research shall be conducted by a qualified landscape architect to determine whether soils, drainage, and compaction of the soil are suitable for survival of the species in all areas where restoration is planned. To ensure maximum survival rates, these replacement trees shall be limited to one gallon specimens. If possible, replacement plantings shall be derived from locally harvested native walnuts in the upper reaches of Walnut Canyon. Otherwise, if nursery stock is used for restoration, no grafted stock shall be permitted. Monitoring Action: Approval of Landscape Plans /Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development 10. Prior to approval of the Final Map or issuance of the final, precise grading plan, whichever is sooner, the applicant shall establish an artificial freshwater spring within the private open space area in a location that will provide the maximum potential for long -term use by native wildlife. This spring is designed to replace regionally available water sources that have been destroyed by cumulative development. The location of these artificial springs shall be designated by a qualified vertebrate biologist and botanist or appropriate landscape professional. The spring shall not be placed within 400 feet of any existing or proposed trail. The artificial spring shall be maintained to provide year round low flows in volumes similar to existing springs in the Walnut Canyon area. The spring shall be vegetated with native riparian plants, and shall include at least two 24 -inch box Alders (Alnus rhombifolia), five 24 -inch box Sycamores (Platanus racemosa), two 15- gallon Cottonwood (Populus fremontii), three 15- gallon Arroyo Willow (Salix lasiolepis), four 24 -inch box Elderberry (Sambucus mexicana), and five 24 gallon Live Oak (Quercus agrifolia). A long term supply of water shall be provided to assure the perpetuity of the plants. Adequate root guard protection shall be provided to reduce mortality from rodent activity. The project Homeowners Association shall be responsible for the long term maintenance of the artificial spring as a component of the private open space program. Monitoring Action: Approval of Landscape Plans /Physical Inspection Timing: Prior to Final Map or issuance of precise grading plan, whichever is sooner Responsibility: Department of Community Development 11. The applicant shall contribute $30,000 to funding endangered wildlife species breeding, predator trapping, or other support programs undertaken by the U.S. Fish and Wildlife Service or by appropriate private conservation institutions actively seeking to restore the status, range, or abundance of any rare, special interest, or endangered species that have occurred or have the potential to occur within the project boundary. This contribution shall be coordinated with the US Fish and Wildlife Service. Evidence of contribution approved by the Service shall be presented to the City prior to the issuance of building permits. Funding shall be established by preparation of a research design in consultation with the Fish and Wildlife Service and the City. Monitoring Action: Acceptance of Funds Timing: Prior to Grading Permits Responsibility: Department of Community Development 12. Prior to the issuance of any grading permit or clear and grub activities not covered by the City's grading ordinance, the applicant shall obtain a Clean Water Act Section 401 certification, and Section 404 permit, as required by the Regional Water Quality Control Board and the Army Corps of Engineers. Additionally, a Section 1603 Streambed Alteration Agreement shall be entered into with the California Department of Fish and Game. All conditions of these approvals shall be adhered to. Monitoring Action: Review of State and Federal Approvals Timing: Prior to Grading Permits Responsibility: Department of Community Development 5 000035 13. A Tree Removal Permit from the City shall be obtained by the applicant prior to removal of trees that meet the native oak and mature tree criteria within the City's tree ordinance (Chapter 12.12). Permits for tree removal shall not be issued until (or unless) the project has been approved by the City. The loss of all trees shall be replaced consistent with the Chapter 12.12. Monitoring Action: Issuance of Tree Permit Timing: Prior to issuance of grading permits Responsibility: Department of Community Development 14. Prior to the issuance of grading permits the applicant shall submit a trail plan showing the design and extent of the proposed trail system. The trail system shall not be extended beyond the limits of the approved design, which shall link with surrounding subdivisions and the regional trail system. Signs shall designate the trails and shall prohibit motorized vehicle use. Monitoring Action: Review of Plans /Physical Inspection Timing: Prior to Grading Permits Responsibility: Department of Community Development 15. Prior to the issuance of grading permits and coincident with grading activities, the proposed project boundary shall be fenced to minimize intrusions by non - residents. A minimally designated trail system shall be devised for the open space area which, to the extent feasible, avoids or minimizes impacts to stands of native vegetation. The design of the trail system shall preserve, to the extent feasible, tracts of Venturan Coastal Sage Scrub to enhance the potential value for wildlife. All motorized vehicles shall be prohibited from entering the private open space conservation area. Prior to the approval of the Final Vesting Map, the site plan shall be revised to include the dedicated trail alignment across the open space. The trail system shall be constructed as a minor multi -use trail and access to the area shall otherwise be restricted. The trail system shall be completed prior to occupancy. Monitoring Action: Review of Final Map for trail inclusion and physical inspection for fencing and trail construction Timing: Prior to approval of the Final Map and prior to the issuance of Grading Permits Responsibility: Department of Community Development 16. Off road vehicle use on property within the project boundaries shall be prohibited (except upon approved private streets and maintenance roads). The CC&R's for this project shall specify fines for unauthorized use of off -road vehicles. Monitoring Action: Physical Inspection Timing: Prior to Final Map Responsibility: Department of Community Development 17. Perimeter fencing shall be provided by the applicant in areas where future residents could obtain access to surrounding private lands Monitoring Action: Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development 18. An archeological monitor shall be employed by the applicant during each phase of grading to monitor initial grading for items of archeological significance. The monitor shall have the authority to stop grading activity in a given area to allow sufficient time for the collection and evaluation of artifacts. Monitoring Action: Physical Inspection Timing: During Grading - Responsibility. Department of Community- Development 6 00003G 19. Appropriate design of both grading and structures shall be implemented to reduce risks associated with seismic shaking to the standards established by the most recently adopted Uniform Building Code and to the satisfaction of the City Engineer and City Building Official. Additional studies shall be performed by the applicant as required to enable the determination of appropriate standards of grading and construction. Monitoring Action: Review of Plans /Physical Inspection Timing: Prior to Occupancy Responsibility: City Engineer /City Building Official 20. Landslides shall be removed and re- compacted by the applicant during the grading process to the satisfaction of the City Engineer. Monitoring Action: City Engineer to review plans for compliance /Physical Inspection Timing: Prior to issuance of grading certifications Responsibility: City Engineer 21. An engineering geologist shall be retained on site by the applicant to evaluate any previously unknown fault traces for recent activity (within the past 11,000 years). Any faults or traces shall be mapped according to currently accepted industry practice. No structures shall be allowed within 50 feet of an active fault or trace. Structures placed near inactive faults or traces shall be designed to meet the structural standards of the Uniform Building Code which address the demands of ground shaking and the associated secondary ground movement along the inactive fault or trace. Monitoring Action: City Engineer to review plans for compliance /Physical Inspection Timing: Prior to issuance of grading permit Responsibility: City Engineer 22. Appropriate design of both grading and structures shall be implemented to reduce risks associated with landslides, expansive soils, liquefaction and subsidence to the standards established by the most recently adopted Uniform Building Code and to the satisfaction of the City Engineer and City Building Official. Additional studies shall be performed by the applicant as required to enable the determination of appropriate standards of grading and construction. Monitoring Action: City Engineer to review plans for compliance /Physical Inspection Timing: Prior to issuance of grading permit Responsibility: City Engineer /City Building Official 23. The project shall incorporate all requirements of the Ventura County Fire Department Standard Conditions. Monitoring Action: Review of Plans /Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Fire Department 24. All drainage facilities shall be constructed to accommodate the runoff volumes required to avoid off - site impacts, to the satisfaction of the City Engineer. These volumes shall include the anticipated additional runoff from project 2. The applicant shall ensure that all drainage facilities, detention facilities, and NPDES facilities employ appropriate Best Management Practices, to the satisfaction of the City Engineer. Monitoring Action: Timing: Responsibility: Review of Plans Prior to Grading Permits City Engineer 25. The applicant shall designate a parking area for all construction employees on site, as well as for the staging of construction equipment. The location of this area shall be away from existing residential structures, to the satisfaction of the Community Development Director. 7 000037 Monitoring Action: Review of Plans Timing: Prior to issuance of grading permits Responsibility: Department of Community Development 26. The applicant shall develop construction and grading activity schedules, which shall be delivered to each surrounding and area residence prior to the beginning of each phase of grading or construction. This schedule shall include a verbatim quote of the City's regulations with regard to construction times, as set forth in the City's Noise Ordinance. All construction and grading activities shall adhere to the City's Noise Ordinance requirements. Monitoring Action: Receipt of notice and proof of mailing Timing: Prior to grading phase commencement Responsibility: City Engineer 27. At such time as Spring Road is extended to connect to the roadway to be constructed in Project 2, the primary access to Walnut Canyon Road shall be closed and shall be utilized as an emergency access point only. The primary access point shall be North Hills Parkway leading to the Spring Road extension. Monitoring Action: Review of Plans Timing: 90 Days after Spring Road Construction Responsibility: Department of Community Development 28. The applicant shall improve the portions of Walnut Canyon Road which front on the subject property to the satisfaction of the City Engineer and the California Department of Transportation. Monitoring Action: Physical Inspection Timing: Prior to occupancy of units Responsibility: City Engineer 29. The applicant shall implement traffic calming measures, to include the installation of necessary devices, on Walnut Canyon Road to the satisfaction of the City Engineer. These measures and/or devices shall be designed to increase the safety of ingress to and egress from the project site at the temporary project access point on Walnut Canyon, and at the intersection of Wicks Road and Walnut Canyon Road, the project's secondary access point. Monitoring Action: Review of Plans /Physical Inspection Timing: Prior to Occupancy of Units Responsibility: City Engineer AGREEMENT TO PROPOSED MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM In accordance with the CEQA Guidelines Section 15070 (California Code of Regulations Title 14, Chapter 3, Article 6), this agreement must be signed prior to release of the Mitigated Negative Declaration for public review. I, THE UNDERSIGNED PROJECT APPLICANT, HEREBY AGREE TO MODIFY THE PROJECT DESIGN, CONSTRUCTION OR OPERATION AS NECESSARY TO INCLUDE ALL OF THE ABOVE - LISTED MITIGATION MEASURES IN THE PROJECT. Signature of Project Applicant Dat s 030038 INITIAL STUDY EXHIBIT 2: MITIGATED NEGATIVE DECLARATION MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM PROJECT 2: 1. Lighting plans shall be submitted to the City of Moorpark and reviewed for consistency with Chapter 17.30 of the Moorpark Municipal Code. Light fixtures shall be appropriately shielded to avoid the spillage of light outside the area intended to be lit. Monitoring Action: Review of Lighting Plans /Physical Inspection Timing: Prior to issuance of Building Permits Responsibility: Department of Community Development 2. The applicant shall revegetate all exposed slopes with coastal sage scrub plant species found within the project vicinity to mitigate for the loss of the 1.7 acres of coastal sage scrub habitat. Revegetation of the exposed areas will allow any of these special status species of birds to utilize the site. A qualified botanist who is an expert on coastal sage scrub habitats will prepare a Habitat Mitigation Planting Plan for the exposed slopes. This Habitat Mitigation Planting Plan will be incorporated into the Landscape Plans for the North Hills Parkway Road Extension. Implementation of this Habitat Mitigation Planting Plan will result in reducing impacts to special status species to less than significant. Monitoring Action: Review of Landscape Plans/ Physical Inspection Timing: Prior to issuance of grading permits /Prior to Occupancy of Units Responsibility: Department of Community Development 3. The applicant shall pay off -site in lieu fees to an acceptable mitigation program to mitigate for the loss of riparian habitat. The regulatory agencies will need to approve the off -site mitigation. Monitoring Action: Review DFG /ACOE approvals Timing: Prior to Grading Permit Responsibility: Department of Community Development 4. Mitigation shall be accomplished by the method prescribed in the Moorpark Municipal Code Chapter 12.12. Trees upon the proposed landscape plans shall be upgraded in size so that the increased costs of the trees is equal to the value of the trees to be removed, as determined in the tree report appraisals conducted by the applicant. Monitoring Action: Review of Landscape Plans /Acceptance of Fees /Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development 5. An archeological monitor shall be employed during each phase of grading to monitor initial grading for items of archeological significance. Controlled demolitions shall be undertaken at the direction of the archeological monitor. The monitor shall have the authority to stop grading activity in a given area to allow sufficient time for the collection and evaluation of artifacts. Monitoring Action: Physical Inspection Timing: During Grading Responsibility: Department of Community Development 6. The applicant shall implement appropriate design of grading to reduce risks associated with seismic shaking to the standards established by the most recently adopted Uniform Building Code and to 9 000039 the satisfaction of the City Engineer and City Building Official. Additional studies shall be performed as required to enable the determination of appropriate standards of grading and construction. Monitoring Action: Physical Inspection Timing: Prior to Occupancy of Units Responsibility: Department of Community Development 7. The applicant shall implement appropriate design of grading structures to reduce risks associated with landslides, expansive soils, liquefaction and subsidence to the standards established by the most recently adopted Uniform Building Code and to the satisfaction of the City Engineer and City Building Official. Additional studies shall be performed as required to enable the determination of appropriate standards of grading and construction. Monitoring Action: Review of Plans Timing: Prior to issuance of grading permits Responsibility: City Engineer /Chief Building Official AGREEMENT TO PROPOSED MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM In accordance with the CEQA Guidelines Section 15070 (California Code of Regulations Title 14, Chapter 3, Article 6), this agreement must be signed prior to release of the Mitigated Negative Declaration for public review. I, THE UNDERSIGNED PROJECT APPLICANT, HEREBY AGREE TO MODIFY THE PROJECT DESIGN, CONSTRUCTION OR OPERATION AS NECESSARY TO INCLUDE ALL OF THE ABOVE - LISTED MITIGATION MEASURES IN THE PROJECT. rod Signature'6V Project Appli?p t Date 10 000040 4) Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? Response: Project 1: This project will involve the construction of residences and accompanying infrastructure, including street lighting. Lighting from street lights, residences and accessory uses may create light or glare which could potentially impact nighttime views from other residences and from natural areas in the vicinity. Project 2: This project will involve the construction of a roadway and accompanying improvements, including street lighting, which may create light or glare which could potentially impact nighttime views from other residences and from natural areas in the vicinity. Sources: Site Plan, Project Application, 3,7 Project 1: Lighting plans shall be submitted to the City of Moorpark and reviewed for consistency with Chapter 17.30 of the Moorpark Municipal Code. Where residences or accessory uses occur adjacent to natural areas, lighting shall be designed and placed to avoid spillage of light outside of the immediate area intended to be lit. Project 2: Lighting plans shall be submitted to the City of Moorpark and reviewed for consistency with Chapter 17.30 of the Moorpark Municipal Code. Light fixtures shall be appropriately shielded to avoid the spillage of light outside the area intended to be lit. B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland X of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with existing zoning for agricultural use, or a X Williamson Act contract? 3) Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: These projects do not affect agricultural resources. Sources: 2,7 Mitigation: None Required. 11 000041 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact A. AESTHETICS — Would the project: 1) Have a substantial adverse effect on a scenic vista? X 2) Substantially damage scenic resources, including, but X not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the existing visual character or X quality of the site and its surroundings? 4) Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? Response: Project 1: This project will involve the construction of residences and accompanying infrastructure, including street lighting. Lighting from street lights, residences and accessory uses may create light or glare which could potentially impact nighttime views from other residences and from natural areas in the vicinity. Project 2: This project will involve the construction of a roadway and accompanying improvements, including street lighting, which may create light or glare which could potentially impact nighttime views from other residences and from natural areas in the vicinity. Sources: Site Plan, Project Application, 3,7 Project 1: Lighting plans shall be submitted to the City of Moorpark and reviewed for consistency with Chapter 17.30 of the Moorpark Municipal Code. Where residences or accessory uses occur adjacent to natural areas, lighting shall be designed and placed to avoid spillage of light outside of the immediate area intended to be lit. Project 2: Lighting plans shall be submitted to the City of Moorpark and reviewed for consistency with Chapter 17.30 of the Moorpark Municipal Code. Light fixtures shall be appropriately shielded to avoid the spillage of light outside the area intended to be lit. B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland X of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with existing zoning for agricultural use, or a X Williamson Act contract? 3) Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: These projects do not affect agricultural resources. Sources: 2,7 Mitigation: None Required. 11 000041 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact C. AIR QUALITY — Would the project: 1) Conflict with or obstruct implementation of the applicable X air quality plan? 2) Violate any air quality standard or contribute X substantially to an existing or projected air quality violation? 3) Result in a cumulatively considerable net increase of any X criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 4) Expose sensitive receptors to substantial pollutant X concentrations? 5) Create objectionable odors affecting a substantial number X of people? Response: Project 1: 2/3. The project is estimated to result in approximately 5.48 tons of Nitrogen Oxides (NOx) per year and 4.65 tons of Reactive Organic Gases in its first year, mostly from vehicle trip emissions. The level for NOx exceeds suggested thresholds of the Ventura County Air Pollution Control District of 25 lbs. per day. A Standard Condition of Approval has been added as part of the project for the developer to pay a contribution to the City's Transportation System Management fund, reducing this impact to a less than significant level. No additional mitigation is needed.. Project 2: This project has a less than significant impact on air quality resources. Sources: 2,6,9, Project Plans Mitigation: Project 1: None Required Project 2: None Required D. BIOLOGICAL RESOURCES — Would the project: 1) Have a substantial adverse effect, either directly or X through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 2) Have a substantial adverse effect on any riparian habitat X' XZ or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 3) Have a substantial adverse effect on federally protected X' XZ 12 000042 Less Than Potentially Significant Less Than Significant With Significant No Impact Miti ation Impact Impact wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 4) Interfere substantially with the movement of any native X' XZ resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 5) Conflict with any local policies or ordinances protecting X biological resources, such as a tree preservation policy or ordinance? 6) Conflict with the provisions of an adopted Habitat X Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 13 000043 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impa Response: Project 1: 1. Several Special Status species have been identified as residing on the subject property, foraging on the subject property, or having suitable habitat for existence on the subject property. While no Special Status plants were observed on site, one reptile species, several bird species, and one mammal species were observed on site during several surveys. Loss of habitat, and the potential for loss of some individual specimens, can be expected as a result of the site preparation and construction of this project. While this impact cannot be avoided, it can be mitigated to a level of insignificance. 2. Project construction will result in a loss of 0.363 acre of riparian habitat of the identified 2.337 acres on the site. As such, the project will require approval of the California Department of Fish and Game (CDFG), the U.S. Army Corps of Engineers (ACOE) and the Regional Water Quality Control Board ( RWQCB). A CDFG Streambed Alteration Agreement, ACOE Section 404 Permit and a RWQCB Water Quality Certification will have to be obtained prior to the start of construction. United States Fish and Wildlife Service (USFWS) will be notified by the ACOE if they determine that a consultation will be required. Consultations are only required when a project has the ability to impact federally listed species. As no federally listed species were observed or expected to be on site, consultation is not expected to be required. 3. As noted above, U.S. Army Corps of Engineers' jurisdictional areas exist on site and will be affected. Waters of the United States were identified and an ACOE Nationwide Permit will be required to construct the proposed project. A RWQCB Water Quality Certification will be required under Section 401 of the Clean Water Act. 4. While there is habitat on site for nesting and foraging of various wildlife species, there is not a sufficient area leading from the site to another adequate habitat area, in this case, Happy Camp Regional Park, to serve as an effective wildlife corridor. Further, the construction of this project will eliminate the viability of the habitat on site, thus eliminating the need for such a corridor. 5. This project will result in the removal of mature trees, and will therefore be subject to the Chapter 12.12 of the Moorpark Municipal Code. Project 2: 1. Rufous crowned sparrow and California gnatcatcher species nest and forage in coastal sage scrub habitats; however, the gnatcatcher will not nest in steep areas. The project site had limited flat areas of coastal sage scrub; the majority of the site was too steep. 2. Project construction will result in a loss of 0.26 acre of riparian habitat of the identified 0.90 acre on the site. As such, the project will require approval of the California Department of Fish and Game (CDFG), the U.S. Army Corps of Engineers (ACOE) and the Regional Water Quality Control Board ( RWQCB). A CDFG Streambed Alteration Agreement, ACOE Nationwide Permit and a RWQCB Water Quality Certification will have to be obtained prior to the start of construction. United States Fish and Wildlife Service (USFWS) will be notified by the ACOE if they determine that a consultation will be required. Consultations are only required when a project has the ability to impact federally listed species. As no federally listed species were observed or expected to be on site, consultation is not expected to be required. The remaining unimpacted riparian habitat is located in a steep area with an abundance of poison oak present. The steep slopes and lack of water make riparian habitat restoration difficult. 3. No wetlands as defined by Section 404 of the Clean Water Act were identified at the project site. Waters of the U.S. were identified and an ACOE Nationwide Permit will be required to construct the proposed project. A RWQCB Water Quality Certification will be required under Section 401 of the Clean Water Act. As previously stated, the remaining unimpacted riparian habitat is located in a steep area with an abundance of poison oak present. The steep slopes and lack of water make riparian habitat restoration difficult. 5. This project will also result in the removal of mature trees, and will therefore be subject to the City's Mature Tree Removal Ordinance. Sources: 1,3,7,10 15 000044 Mitigation: Project 1: 1 -a. The applicant shall contribute $15,000 towards the City's sensitive species research program (established as a component of the mitigation plan for the Moorpark Country Club Estates project). 1 -b. Prior to grading or site preparation activities that would occur during the nesting /breeding season of the native bird species potentially nesting on the site (typically February through August), the applicant shall have a field survey conducted by a qualified biologist to determine if active nests of bird species protected by the Migratory Bird Treaty Act and /or the California Fish and Game Code are present in the construction zone or within 100 feet (200 feet for raptors) of the construction zone. If active nests are found, a minimum 50 foot (this distance may be greater depending on the bird species and construction activity, as determined by the biologist) fence barrier shall be erected around the nest site and clearing and construction within the fenced area shall be postponed or halted, at the discretion of the biological monitor, until the nest is vacated and juveniles have fledged, as determined by the biologist, and there is no evidence of a second attempt at nesting. The biologist shall serve as a construction monitor during those periods when construction activities will occur near active nest areas to ensure that no inadvertent impacts on these nests will occur. 2 -a. Prior to issuance of grading permits, a proposed habitat restoration plan shall be developed to ensure compensation for the loss of native habitats that will occur from project development. The habitat restoration plan shall emphasize the selective use of purple needle grass (Stipa pulchra) and other native grasses in the landscape plan for the property. The plan shall also require, subject to approval of the Fire Department, the use of native plants common to Venturan Coastal Sage Scrub (e.g. Salvia apiana, Salvia leucophylla, Artemisia californica, Rhus integrifolia, Eriogonum fasciculatum, Encelia californica) in upland areas surrounding the project that are disturbed as a result of project development (geologic remediation, construction of fire access roads, etc.). The applicant shall also fund a program to provide an enhanced riparian canopy within and around the proposed detention basin consistent with requirements of the Department of Fish and Game and Army Corps of Engineers. The restoration shall be performed in accordance with current best available restoration practices. The applicant (or a designee) shall be responsible for maintaining the restoration areas for a period of three years or until the native grasses, riparian corridor, and perimeter plantings are successfully established. 2 -b. The applicant shall fund a $25,000 contribution and participate in the Venturan Coastal Sage Scrub Community research program initiated as a Mitigation Measure for the Moorpark Country Club Estates project. The purposes of this program shall be to accurately map the remaining distribution of this community, to study its soil requirements, plant ecology, and wildlife associations, to provide management advice on the community for agencies and private individuals, to raise funds for the purpose of acquiring lands where relict stands of the community exist, and to provide guidance on restoration or propagation of the community. 2 -c. Prior to issuance of grading permits, the Director of Community Development shall approve a Habitat Enhancement Plan which shall be integrated into the Landscape Plan for the project. The intent of the Plan would be to protect on -site natural systems, trees and resources and to devise methods for integrating planting suitable for recreational activities into the Landscape Plan. The Plan shall also provide guidance regarding revegetation of wetland /riparian areas that will be disturbed by construction. The advice provided in this Plan should apply to all existing or created on -site oak woodlands, riparian areas, detention basins and fuel modification zones. The purpose of this plan shall be to increase the biological carrying capacity of these areas. 2 -d. Disturbed (ruderal) vegetation zones within the conservation easement/conservation dedication area shall be cleaned up and, to the degree feasible, restored prior to dominant surrounding native habitats. 2 -e. Native plans shall be used in the restoration of areas disturbed by the construction of the project. The City shall monitor the use of native plants through review and approval of all project landscape plans. 16 OCCO45 Mitigation: 2 -f. The permanent removal of approximately 40 trees shall be replaced at a 10:1 mitigation ratio by planting 400 California walnut trees in the private open space area. This tree may also be used as one of several screening trees around the southern perimeter of the development. Pepper trees (Schinus molle) shall not be used in the tree planting program. The trees should be planted dominantly within the upland areas above the detention basin, in private open space. Field research shall be conducted by a qualified landscape architect to determine whether soils, drainage, and compaction of the soil are suitable for survival of the species in all areas where restoration is planned. To ensure maximum survival rates, these replacement trees shall be limited to one gallon specimens. If possible, replacement plantings shall be derived from locally harvested native walnuts in the upper reaches of Walnut Canyon. Otherwise, if nursery stock is used for restoration, no grafted stock shall be permitted. 2 -g. Prior to approval of the Final Map or issuance of the final, precise grading plan, an artificial freshwater spring shall be established within the private open space area in a location shat will provide the maximum potential for long -term use by native wildlife. This spring is designed to replace regionally available water sources that have been destroyed by cumulative development. The location of these artificial springs shall be designated by a qualified vertebrate biologist and botanist or appropriate landscape professional. The spring shall not be placed within 400 feet of any existing or proposed trail. The artificial spring shall be maintained to provide year round low flows in volumes similar to existing springs in the Walnut Canyon area. The spring shall be vegetated with native riparian plants, and shall include at least two 24 -inch box Alders (Alnus rhombifolia), five 24 -inch box Sycamores (Platanus racemosa), two 15- gallon Cottonwood (Populus fremontii), three 15- gallon Arroyo Willow (Salix lasiolepis), four 24 -inch box Elderberry (Sambucus mexicana), and five 24 gallon Live Oak (Quercus agrifolia). A long term supply of water shall be provided to assure the perpetuity of the plants. Adequate root guard protection shall be provided to reduce mortality from rodent activity. The project Homeowners Association shall be responsible for the long term maintenance of the artificial spring as a component of the private open space program. 2 -h. The applicant shall contribute $30,000 to funding endangered wildlife species breeding, predator trapping, or other support programs undertaken by the U.S. Fish and Wildlife Service or by appropriate private conservation institutions actively seeking to restore the status, range, or abundance of any rare, special interest, or endangered species that have occurred or have the potential to occur within the project boundary. This contribution shall be coordinated with the US Fish and Wildlife Service. Evidence of contribution approved by the Service shall be presented to the City prior to the issuance of building permits. Funding shall be established by preparation of a research design in consultation with the Fish and Wildlife Service and the City. 3. Prior to the issuance of any grading permit or clear and grub activities not covered by the City's grading ordinance, the applicant shall obtain a Clean Water Act Section 401 certification, and Section 404 permit, as required by the Regional Water Quality Control Board and the Army Corps of Engineers. Additionally, a Section 1603 Streambed Alteration Agreement shall be entered into with the California Department of Fish and Game. All conditions of these approvals shall be adhered to. 5. A Tree Removal Permit shall be obtained from the City prior to removal of trees that meet the native oak and mature tree criteria within the City's tree ordinance (Chapter 12.12). Permits for tree removal shall not be issued until (or unless) the project has been approved by the City. The loss of all trees shall be replaced consistent with Chapter 12.12. of the City of Moorpark Municipal Code. 17 00004 6 -a. The trail system shall not be extended beyond the limits of the approved design, which shall link with surrounding subdivisions and the regional trail system. Signs shall designate the trails and shall prohibit motorized vehicle use. 6 -b. Prior to the issuance of building permits and coincident with grading activities, the proposed project boundary shall be fenced to minimize intrusions by non - residents. A minimally designated trail system shall be devised for the open space area which, to the extent feasible, avoids or minimizes impacts to stands of native vegetation. The design of the trail system shall preserve, to the extent feasible, tracts of Venturan Coastal Sage Scrub to enhance the potential value for wildlife. All motorized vehicles shall be prohibited from entering the private open space conservation area. Prior to the approval of the Final Vesting Map, the site plan shall be revised to include the dedicated trail alignment across the open space. The trail system shall be constructed as a minor multi -use trail and access to the area shall otherwise be restricted. The trail system shall be completed prior to occupancy. 6 -c. Off road vehicle use on property within the project boundaries shall be prohibited (except upon approved private streets and maintenance roads). The CC &R's for this project shall specify fines for unauthorized use of off -road vehicles. 6 -d. Perimeter fencing shall be provided in areas where future residents could obtain access to surrounding private lands Project 2: 1. The project applicant will revegetate all exposed slopes with coastal sage scrub plant species found within the project vicinity to mitigate for the loss of the 1.7 acres of coastal sage scrub habitat. Revegetation of the exposed areas will allow any of these special status species of birds to utilize the site. A qualified botanist who is an expert on coastal sage scrub habitats will prepare a Habitat Mitigation Planting Plan for the exposed slopes. This Habitat Mitigation Planting Plan will be incorporated into the Landscape Plans for the North Hills Parkway Road Extension. Implementation of this Habitat Mitigation Planting Plan will result in reducing impacts to special status species to less than significant. 2. The recommended mitigation is to pay off site in lieu fees to an acceptable mitigation program to mitigate for the loss of riparian habitat. The regulatory agencies will need to approve the off -site mitigation. Obtaining regulatory agency approval and implementing all conditions required by the agencies will result in project construction having a less than significant impact. Coastal sage scrub habitat is recognized as a sensitive natural habitat. Mitigation included in 1) above will result in the creation of coastal sage scrub habitat and will mitigate on site impacts. 3. The applicant shall pay off site in lieu fees to an acceptable mitigation program. The regulatory agencies will need to approve the off -site mitigation. Obtaining regulatory agency approval and implementing all conditions required by the agencies will result in project construction impacts being considered less than significant. 4. Mitigation shall be accomplished by the method prescribed in the Moorpark Municipal Code Chapter 12.12. E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the significance of x a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the significance of X an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? 4) Disturb any human remains, including those interred X outside of formal cemeteries? 18 000047 _Response: Cultural resources on this site have been evaluated through Phase II study, and have been determined to be less than significant resources. Sources: Site Plan, Project Application, 7, 11 _Mitigation: Project 1: An archeological monitor shall be employed during each phase of grading to monitor initial grading for items of archeological significance. The monitor shall have the authority to stop grading activity in a given area to allow sufficient time for the collection and evaluation of artifacts. Project 2: An archeological monitor shall be employed during each phase of grading to monitor initial grading for items of archeological significance. Controlled demolitions shall be undertaken at the direction of the archeological monitor. The monitor shall have the authority to stop grading activity in a given area to allow sufficient time for the collection and evaluation of artifacts. F. GEOLOGY AND SOILS — Would the project: 1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving: i) Rupture of a known earthquake fault, as delineated on the X' X2 most recent Alquist Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X iii) Seismic - related ground failure, including liquefaction? X iv) Landslides? X 2) Result in substantial soil erosion or the loss oftopsoil? X 3) Be located on a geologic unit or soil that is unstable, or X that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? 4) Be located on expansive soil, as defined in Table 18 -1 -B X' X2 of the Uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately supporting the use of X septic tanks or alternative v�este water disposal systems where sewers are not available for the disposal of waste water? 19 000048 Response: Project 1: 1. While this project is not within Alquist Priolo Special Studies zone, it does have a potentially active fault traversing it, which could result in severe ground shaking and potential ground rupture. Liquefaction potential exists on site, but it is minimized by the lack of groundwater near the surface. This indicates a less than significant impact. Some potential for landslides is present on slopes within the project. Remedial grading will serve to mitigate these impacts to a level of insignificance. 2. Some loss of topsoil may occur through the grading and construction process, but standard requirements of grading and construction permits will minimize this impact. 3. Slopes exhibiting the potential for instability and areas prone to subsidence and settling, particularly during an earthquake, have been identified. However, these can be mitigated to a level of insignificance. 4. Areas of expansive soils were identified on the subject property. The impacts associated with expansive soils can be mitigated to a level of insignificance. 5. Sewer systems are available to, and will be a requirement of, this project. Therefore, there is no impact anticipated as a result of this project. Project 2: 1. While this project is not within Alquist Priolo Special Studies zone, it does have a potentially active fault traversing the property to the south, which could result in severe ground shaking and potential ground rupture. Very little liquefaction potential exists on site. This indicates a less than significant impact. Some potential for landslides is present. Remedial grading will serve to mitigate these impacts to a level of insignificance. 2. Some loss of topsoil and other erosion may occur through the grading and construction process, but standard requirements of grading and construction permits will minimize this impact. The impact is not anticipated to be significant. 3. Slopes exhibiting the potential for instability and areas prone to subsidence and settling, particularly during an earthquake, have been identified both on site, and in off -site areas which may affect this project. However, these can be mitigated to a level of insignificance through the use of remedial grading techniques. Sources: 3, 7, 10, Alquist Priolo Special Studies Zone Map, Moorpark and West Simi Quadrangles, Seismic Hazard Zone Map, Moorpark and West Simi Quadrangles. 20 000049 Mitigation: Project 1: 1 -a. Appropriate design of both grading and structures shall be implemented to reduce risks associated with seismic shaking to the standards established by the most recently adopted Uniform Building Code and to the satisfaction of the City Engineer and City Building Official. Additional studies shall be performed as required to enable the determination of appropriate standards of grading and construction. 1 -b. Landslides shall be removed and recompacted during the grading process to the satisfaction of the City Engineer. 1 -c. An engineering geologist shall be retained on site to evaluate any previously unknown fault traces for recent activity (within the past 11,000 years). Any faults or traces shall be mapped according to currently accepted industry practice. No structures shall be allowed within 50 feet of an active fault or trace. Structures placed near inactive faults or traces shall be designed to meet the structural standards of the Uniform Building Code which address the demands of ground shaking and the associated secondary ground movement along the inactive fault or trace. 3/4. Appropriate design of both grading and structures shall be implemented to reduce risks associated with landslides, expansive soils, liquefaction and subsidence to the standards established by the most recently adopted Uniform Building Code and to the satisfaction of the City Engineer and City Building Official. Additional studies shall be performed as required to enable the determination of appropriate standards of grading and construction. Project 2: 1. Appropriate design of grading shall be implemented to reduce risks associated with seismic shaking to the standards established by the most recently adopted Uniform Building Code and to the satisfaction of the City Engineer and City Building Official. Additional studies shall be performed as required to enable the determination of appropriate standards of grading and construction. 3. Appropriate design of grading structures shall be implemented to reduce risks associated with landslides, expansive soils, liquefaction and subsidence to the standards established by the most recently adopted Uniform Building Code and to the satisfaction of the City Engineer and City Building Official. Additional studies shall be performed as required to enable the determination of appropriate standards of grading and construction. G. HAZARDS AND HAZARDOUS MATERIALS — Would the project: 1) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emission or handle hazardous or acutely X hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? 4) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 5) For a project located within an airport land use plan or, where such a plan has not been adopted, within two 21 000050 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 6) For a project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or working in the project area? 7) Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation plan? 8) Expose people or structures to a signiicant risk of loss, X' X2 injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Response: Project 1: 8. The proximity of natural open space areas, both within the project boundaries and immediately adjacent to the project, pose an increased danger of wildfire damage. The steep slopes which comprise a significant portion of the nearby natural open space will increase this threat considerably. These impacts can be mitigated to a less -than significant level. Project 2: There are no known hazards on the project site. Sources: 3, Project Plans Mitigation: Project 1: 8. The project shall incorporate all requirements of the Ventura County Fire Department Standard Conditions. Project 2: None Required. H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge requirements? 2) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or of -site? 4) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 5) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? 7) Place housing within a 100 -year flood hazard area as 22 X Y X X X X X 00005_ .. mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other food hazard delineation map? 8) Place within a 100 -year flood hazard area structures which X would impede or redirect flood flows? 9) Expose people or structures to a signiicant risk of loss, injury or death involving i) hooding, including flooding as a result of the failure of a levee or dam? ii) inundation byseiche, tsunami, or mudiow? Response: Project 1: 3. This project involves the filling of natural drainage courses, which will alter the existing drainage. However, current City, State, and Federal regulations prohibit projects from increasing or altering the flow or concentration of flows off -site. The project has been designed to meet these regulations. Therefore, the impacts associated with this project are less than significant. 4/5. This project involves the filling of natural drainage courses, which will alter the existing drainage. Additionally, this project will increase runoff levels due to the creation of large impervious areas, thus contributing to a significant cumulative impact. Current City, State, and Federal regulations prohibit projects from increasing or altering the amount of flow or concentration of flows off -site. To meet this requirement, mitigation is proposed which will mitigate this impact to a level of insignificance. Project 2: 3. This project involves the filling of natural drainage courses, which will alter the existing drainage. However, current City, State, and Federal regulations prohibit projects from increasing or altering the flow or concentration of flows off -site. The project has been designed to meet these regulations. Therefore, the impacts associated with this project are less than significant. 4/5. This project involves the filling of natural drainage courses, which will alter the existing drainage. Additionally, this project will slightly increase runoff levels due to the creation of an impervious area, thus contributing to a significant cumulative impact. Current City, State, and Federal regulations prohibit projects from increasing or altering the amount of flow or concentration of flows off -site. To meet this requirement, mitigation is proposed which will mitigate this impact to a level of insignificance. Sources: Project plans, 7, 10. Mitigation: Project 1: 4/5. All drainage facilities shall be constructed to accommodate the runoff volumes required to avoid off -site impacts, to the satisfaction of the City Engineer. These volumes shall include the anticipated additional runoff from project 2. The applicant shall ensure that all drainage facilities, detention facilities, and NPDES facilities employ appropriate Best Management Practices, to the satisfaction of the City Engineer. Project 2: 4/5. Mitigation of this impact is accomplished through the mitigation measure for the same impacts in project 1. I. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community? 2) Conflict with any applicable land use plan, policy, or 23 000052 regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specifc plan, local coastal program, or inning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 3) Conflict with any applicable habitat conservation plan or X natural community conservation plan? Response: Project 1: This project includes a requested Amendment to the General Plan Land Use Element. While the requested designation is different that what it currently is, the total number of units is considerably less than what was allowed under the existing General Plan designation. Therefore, there is no impact. Project 2: This project is a portion of the implementation of a planned roadway as identified in the Circulation Element of the General Plan. Therefore, there is no impact. Sources: 3 Mitigation: None Required J. MINERAL RESOURCES — Would the project: 1) Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? 2) Result in the loss of availability of a locally- important X mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Response: Project 1: This project will not affect mineral resources. Project 2: This project will not affect mineral resources. Sources: n/a Mitigation: None Required. K. NOISE — Would the project result in: 1) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to or generation of excessive groundborne vibration or groundbome noise levels? 3) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 4) A substantial temporaryor periodic increase in ambient noise levels in the project vicinityabove levels existing without the project? 5) For a project located within an airport land use plan or, 24 X X' X2 X X' X2 X 000053 where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 6) For a project within the vicinity of a private airstrip, would X the project expose people residing or working in the project area to excessive noise levels? Response: Project 1: 2/4. Temporary increases in ambient noise levels, including ground vibrations, can be expected during the grading and constructions phases of this project. These impacts will be particularly significant to the residents of homes adjacent to the subject property. While these impacts are unavoidable, appropriate mitigation is required to bring these impacts to a level of insignificance. Project 2: 2/4. Temporary increases in ambient noise levels can be expected during construction periods. However, City regulations pertaining to hours of construction will ensure that this impact is less than significant. Sources: 2,3 Mitigation: Project 1: 2/4. — 1. The applicant shall designate a parking area for all construction employees on site, as well as for the staging of construction equipment. This area shall be away from existing residential structures, to the satisfaction of the Community Development Director. 2/4. — 2. Construction and grading activity schedules shall be delivered to each residence prior to the beginning of each phase of grading or construction. This schedule shall include a verbatim quote of the City's regulations with regard to construction times, as set forth in the City's Noise Ordinance. All construction and grading activities shall adhere to the City's Noise Ordinance requirements. Project 2: None required. L. POPULATION AND HOUSING — Would the project: 1) Induce substantial population growth in an area, either X directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? Response: Project 1: There will be no impacts to population or housing resources as a result of this project. Project 2: There will be no impacts to population or housing resources as a result of this project. Sources: 2,3 25 000004 Mitigation: Project 1: None required. Project 2: None required. M. PUBLIC SERVICES 1) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need 1br new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other perbrmance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? X' XZ X' X2 X' XZ X' XZ X' XZ Response: Project 1: Public services will be impacted as a result of the construction of this project. However, these impacts are less than significant due to the required impact fees which are designed to facilitate the absorption of the proposed impacts. Project 2: The construction of this project will not increase the need for additional governmental facilities j or services. The proposed extension is a part of a planned circulation system which has been designed to improve overall circulation within the City, thereby decreasing emergency vehicle response times and reducing the demand for services. Sources: Site Plans, Project Description Mitigation: None required. N. RECREATION 1) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require X the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Response: This project will have no impact on recreational resources. Sources: Project plans, Project Description Mitigation: None required. 26 000055 O. TRANSPORTATIONITRAFFIC — Would the project: 1) Cause an increase in traffic which is substantial in relation X' XZ to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacityratio on roads, or congestion at intersections)? 2) Exceed, either individually or cumulatively, a level of X' XZ service standard established by the county congestion management agency for designated roads or highways? 3) Result in a change in air traffic patterns, including either X an increase in traffic levels or a change in location that results in substantial safety risks? 4) Substantially increase hazards due to a design feature X' XZ (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 5) Result in inadequate emergency access? X 6) Result in inadequate parking capacity? X 7) Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Response: Project 1: 1. The impact of this project will be cumulative in nature with regard to the incremental increase in traffic load on the surrounding street system. The impact is anticipated to be less than significant. 2. Traffic modeling anticipates that this project will reduce the level of service for one intersection below LOS C. This constitutes a significant impact, which is anticipated to be mitigated by the construction of Project 2. 4. This project has the potential for significant impacts due to intersection hazards where the initial access point for the project meets Walnut Canyon Road. Traffic speeds, volumes, and sight distances are such that measures will need to be taken to ensure that the ingress and egress for the project are safe until such time as a Spring Road extension reaches the roadway in Project 2. Project 2: This project will have positive impacts on traffic patterns and the overall circulation of the City. The proposed extension is a part of a planned circulation system which has been designed to improve overall circulation and will marginally improve the Levels of Service for all intersections on Walnut Canyon Road /Moorpark Avenue between Los Angeles Avenue to the south and Broadway to the north. Sources: 2,3,7,10 27 000056 Mitigation: Project 1: 2. At such time as Spring Road is extended to connect to the roadway to be constructed in Project 2, the primary access to Walnut Canyon Road shall be closed and shall be utilized as an emergency access point only. The primary access point shall be North Hills Parkway leading to the Spring Road extension. 4. — a The applicant shall pay improve the portions of Walnut Canyon Road which front on the subject property to the satisfaction of the City Engineer and the California Department of Transportation. 4. — b The applicant shall implement traffic calming measures, to include the installation of necessary devices, on Walnut Canyon Road to the satisfaction of the City Engineer. These measures and /or devices shall be designed to increase the safety of ingress to and egress from the project site at the temporary project access point on Walnut Canyon, and at the intersection of Wicks Road and Walnut Canyon Road, the projects secondary access point. Project 2: None required. P. UTILITIES AND SERVICE SYSTEMS — Would the project: 1) Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 3) Require or result in the construction of new storm water X drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination bythe wastewater treatment X provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's eAsting commitments? 6) Be served by the landfill with sufficient permitted capacity X to accommodate the project's solid waste disposal needs? 7) Comply with federal, state, and local statutes and X regulations related to solid waste? Response: Project 1: The master plans from which service sufficiency determinations are made by each of the utility purveyors are based upon the adopted General Plans of City's and Counties within their service areas. As this project reflects a reduction in the number of units from the current General Plan overlay allowance of 154 units, the project can be assumed to have available service. As with all projects, "will serve" letters from each of the utility providers will be required prior to the recordation of the Final Map. Project 2: This project is the extension of a planned roadway. No significant impacts are anticipated. Sources: Project Plans 28 000057 Mitigation: None required Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality X1 X2 of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history of prehistory? 2) Does the project have impacts that are individuallylimited, X but cumulatively considerable? ( "Cumulatively considerable" means that the incremental efects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and effects of probable future projects)? 3) Does the project have environmental efects which will X' X2 cause substantial adverse effects on human beings, either directly or indirectly? Response: Project 1: Mitigation measures will be imposed that will enable the project to reduce any potential impacts to a less -than significant level. Project 2: Mitigation measures will be imposed that will enable the project to reduce any potential impacts to a less than significant level. Sources: 1,2,3,10 Earlier Environmental Documents Used in the Preparation of this Initial Study Final Supplemental EIR for Conditional Use Permit No. 3142, Wdification #6 (Simi Valley Landfill Additional Project References Used to Prepare This Initial Study One or more of the following references were incorporated into the Initial Studyby reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of the Initial Study Checklist. North Hills Parkway Extension Biological Analysis and Jurisdictional Delineation, Impact Sciences, December 2002 2. The City of Moorpark's General Plan, as amended. 3. The Moorpark Municipal Code, as amended. 4. The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92 -872 29 OOOO58 5. Public Resources Code Section 21000 et. seq. and California Code of Regulations, Title 14 Section 15000 et. seq. 6. Ventura County Air Quality Assessment Guidelines, November 14, 2000. 7. Hearing Draft - Technical Appendices for Mitigated Negative Declaration /Expanded Initial Study for VTT 5130, June 2001 8. Final Supplemental EIR for Conditional Use Permit No. 3142, Modification #6 (Simi Valley Landfill) 9. URBEMIS 2001 Computer model. 10. Supplementary Environmental Analysis, T5130 The Vistas at Moorpark: Alternative Arterial Access Connection to Spring Road 11. Interim Archeological Testing Report for CA -VEN -791, by SWCA Environmental Consultants, dated July 8, 2003. 30 OOOOS 9 RESOLUTION NO. PC -2003- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 98 -01 TO CHANGE THE LAND USE DESIGNATION FROM SPECIFIC PLAN NO. 10 TO ML (MEDIUM LOW DENSITY); ZONE CHANGE NO. 98 -01 TO CHANGE THE ZONING FROM RE -5 ACRE (RURAL EXCLUSIVE FIVE (5) ACRE MINIMUM LOT SIZE) TO RPD 1.62 (RESIDENTIAL PLANNED DEVELOPMENT 1.62 DWELLING UNITS PER ACRE) AND OPEN SPACE (OS); VESTING TENTATIVE TRACT MAP NO. 5130 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 98 -02 FOR THE SUBDIVISION OF APPROXIMATELY SEVENTY -TWO (72) ACRES OF LAND INTO 110 SINGLE FAMILY RESIDENTIAL LOTS LOCATED ALONG THE EAST SIDE OF WALNUT CANYON ROAD (SR 23), NORTH OF CASEY ROAD AND WICKS ROAD SOUTH OF THE VENTURA COUNTY WATERWORKS PROPERTY; AND RESCINDING RESOLUTION NO. PC- 2001 -408, RESOLUTION NO. PC- 2001 -409 AND RESOLUTION NO. PC- 2001 -410, ON THE APPLICATION OF SUNCAL COMPANIES, FOR MOORPARK 150, LLC (ASSESSOR PARCEL NOS. 512 -0 -010 -0101 -025, -055, -065, 512 -0- 020 -020, -030, 512 -0- 030 -010, -025, 512 -0- 040 -035, - 045, -70, -130, -145, -240, 512 -0- 050 -140, -350, AND 512 -0 -160 -155) WHEREAS, at a duly noticed public hearing on August 19, 2003, the Planning Commission considered General Plan Amendment No. 98 -01 for a change in the Land Use Designation of the Land Use Element of the General Plan from Specific Plan No. 10 to ML- Medium Low Density (Maximum 2 du /acre); Zone Change No. 98 -01 for a change in the Zoning from RE -5 (Rural Exclusive five (5) acre minimum lot size) to RPD -1.62 (Residential Planned Development 1.62 dwelling units per acre) and OS (Open Space); Vesting Tentative Tract Map No. 5130 for the subdivision of approximately seventy -two (72) acres of land into one hundred ten (110) single family residential lots and fifteen (15) lots for open space, private street, parkways, paseos and future right -of -way purposes; and Residential Planned Development Permit No. 98 -02 for 110 single family units; located along the east side of Walnut Canyon Road ( SR 23) , north of Casey Road and Wicks Road and south of Ventura Waterwof ks District No. 1 property; on the application of SunCal Companies for Moorpark 150, LLC (Assessor Parcel Nos. 512 -0- 010 -010, -025, -055, -065, 512 -0- 020 -020, -030, 512 -0- 030 -010, -025, 512 -0- 040 -0351 -045, - S: \Community Development \DEV PMTS \R P D \1998 -02 SunCal \Reso & Conditions \pc 030819 PD &MAP.doc PC ATTACHMENT 4 0000G© Resolution No. PC -2003- Page 2 70, -130, -145, -240, 512 -0- 050 -140, -350, AND 512 -0 -160 -155); and WHEREAS, at its meeting of August 19, 2003, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing, took and considered public testimony both for and against the proposal, closed the public hearing, and reached a decision on this matter; and WHEREAS, the Planning Commission has read, reviewed, and considered the proposed Mitigated Negative Declaration prepared on behalf of the proposed project referenced above. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: An initial Study and a Mitigated Negative Declaration have been prepared for the project in compliance with the California Environmental Quality Act (CEQA), and City Policy. Based upon the Initial Study and Mitigated Negative Declaration, including any comments received, the Planning Commission recommends adoption of the Mitigated Negative Declaration by the City Council. SECTION 2. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030: A. The proposed project is consistent with the intent and provisions of the City's General Plan and Zoning Ordinance, in that the proposed project will provide for the orderly development of land identified in the City's General Plan and Zoning Ordinance as appropriate for residential development. B. The proposed project is compatible with the character of surrounding development, in that the surrounding development will include a variety of single - family detached homes. C. The proposed project would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the use proposed is similar to uses existing or proposed to 000061 Resolution No. PC -2003- Page 3 the east, south, and west, and access to or utility of those adjacent uses are not hindered by this project. D. The proposed project would not be detrimental to the public interest, health, safety, convenience, or welfare, in that adequate provision of public access, sanitary services, and emergency services have been ensured in the processing of this request. E. The proposed project is compatible with existing and planned land uses in the general area where the development is to be located, in that the existing and planned land uses in the general area are generally single family detached residential uses. The nearby Waterworks District facility is isolated from this project by the proposed North Hills Parkway and will neither affect, nor be adversely affected by, this development, as conditioned. F. The proposed project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure(s) have design features which provide visual relief and separation between land uses of conflicting character, in that the proposed project complies with all development standards of the Moorpark Municipal Code, and the development will utilize high quality architectural materials and treatments to enhance the visual appeal of the structures to be constructed. SECTION 3. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the Planning Commission has determined that the Vesting Tentative Parcel Map, with imposition of the attached Special and Standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance if amended by General Plan Amendment No. 1998 -01 and Zone Change No. 1998 -01 to allow for a density up to 1.53 units per acre. B. The design and improvements of the proposed subdivision would be consistent with the City of Moorpark General Plan if amended by General Plan Amendment No. 1998 -01 and Zone Change No. 1998 -01 to allow for a density up to 1.53 units per acre. 000002 Resolution No. PC -2003- Page 4 C. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. D. The site is physically suitable for the proposed density of development, in that all City Development standards would be met by the proposed project. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that easements for the widening of Walnut Canyon Road have been identified and incorporated in the design of this project. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir as defined in California Government Code Section 66478.1 et seq. SECTION 4. PLANNING COMMISSION RECOMMENDATION: A. The Planning Commission recommends to the City Council approval of General Plan Amendment No. 98 -01 for a change in the Land Use Designation of the Land Use Element of the General Plan from Specific Plan No. 10 to ML- Medium Low Density (Maximum 2 du /acre). B. The Planning Commission recommends to the City Council approval of Zone Change No. 98 -01 for a change in the Zoning from RE -5 (Rural Exclusive five (5) acre minimum lot size) to RPD -1.62 (Residential Planned Development 1.62 dwelling units per acre) and OS (Open Space). 000063 Resolution No. PC -2003- Page 5 C. The Planning Commission recommends to the City Council approval of Residential Planned Development Permit No. 98- 02 for the construction of 110 single family units subject to the special and standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. D. The Planning Commission recommends to the City Council approval of Vesting Tentative Tract Map No. 5130 for the subdivision of approximately seventy -two (72) acres of land into one hundred ten (110) single family residential lots fifteen (15) lots for open space, private street, parkways, paseos and future right -of -way purposes, subject to the special and standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 5. RESCISSION OF RESOLUTIONS: The Planning Commission hereby rescinds Resolution No. PC- 2001 -4081 Resolution No. PC- 2001 -409 and Resolution No. PC- 2001 -410 in their entirety. SECTION 6. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 19th day of August, 2003. Kipp A. Landis, Chair ATTEST: Barry K. Hogan Community Development Director oc OOG4 Resolution No. PC -2003- Page 6 Exhibit A: General Plan Amendment Map Exhibit B: Zone Change Map Exhibit C: Special and Standard Conditions Vesting Tentative Tract Map No. Exhibit D: Special and Standard Conditions Residential Planned Development of Approval 5130 of Approval Permit No. for for 98 -01 000065 Resolution No. PC -2003- Page 7 S p MOORPARK commuNfTy SCNOOi F(F($T EXHIBIT A !11 �Wmm Room= E1111 W�mm 11 is I I El I I mw3 GENERAL PLAN AMENDMENT MAP Resolution No. PC -2003- Page 8 EXHIBIT - B ZONE CHANGE MAP 00000'? Resolution No. PC -2003- Page 9 EXHIBIT C SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP 5130 SPECIAL CONDITIONS 1. Prior to the issuance of a grading permit, the Applicant shall deposit with the City the sum of $25,000 to be held in trust for open space acquisition and maintenance as an offset to impacts related to rare plant communities. This trust fund deposit shall be used at the discretion of the City for purposes consistent with the intent of the biological resources mitigation measures in the Final Mitigated Negative Declaration. 2. Venturan Coastal Sage Scrub Community Research Contribution: Prior to approval of the Final Map, the Applicant shall pay to the City a contribution as specified in the Development Agreement and participate in the Venturan Coastal Sage Scrub Community Research Program initiated as a Mitigation Measure for the Moorpark Country Club Estates Project. 3. Prior to the issuance of a zoning clearance for occupancy of the first dwelling unit the Applicant shall construct a thirty- six -foot (36') wide primary onsite access road as a connection to Walnut Canyon Road for use on a temporary basis until a thirty- six -foot (36') wide connection to North Hills Parkway is provided. The access shall meet Caltrans standards for an intersection and any permit requirements of Caltrans. Copies of the permits shall be supplied to the Community Development Director as part of the zoning clearance. 4. Prior to the issuance of a zoning clearance for occupancy of the first dwelling unit the Applicant shall provide a paved onsite emergency access from Wicks Road a minimum of thirty -two feet wide (32') with no parking on both sides of the road. 5. Prior to the issuance of a zoning clearance for occupancy of the first dwelling unit the Applicant shall improve Wicks Road to provide a minimum of twenty -foot (20') wide pavement, with no parking on both sides of the road. A five -foot (5') wide concrete sidewalk shall be constructed on the south side of Wicks Road between the emergency access road and Walnut Canyon Road. Crosswalk facilities will be constructed at the intersection of Wicks Road and Resolution No. PC -2003- Page 10 the access road for pedestrian access to the sidewalk on the south side of Wicks Road. 6. Prior to issuance of the first certificate of occupancy, construction of improvements to Walnut Canyon Road, Wicks Road, and the access road to North Hills Parkway shall be completed to the satisfaction of the City Engineer. Improvement of one -half (1/2) of North Hills Parkway, including two (2) lanes of travel, escape /bicycle lanes, curb, gutter, sidewalk drainage, median and parkway landscaping, along the full property frontage shall also be required or bonded for as determined by the City Council. These improvements shall also be extended to connect this property to the extension of Spring Road. 7. The intersection of "A" Street and Walnut Canyon Road shall include a bus turnout area with a bus shelter. 8. Prior to the recordation of a Final Map the Applicant shall pay the full equivalent cost, including design, construction, and inspection for the future traffic signalization at the intersection of the northerly entry access road with the North Hills Parkway. In addition, the Applicant shall pay for twenty -five percent (250) of the full equivalent cost, including design, construction and inspection of the future traffic signal at the intersection of North Hills Parkway and Spring Road. 9. Prior to the recordation of the Final Map the Applicant shall dedicate vehicular access rights to the City of Moorpark, along the entire project boundary along Walnut Canyon Road and Wicks Road. The access drive to Wicks Road shall be gated and used for emergency access only and shall meet Fire Department requirements. Separate pedestrian access shall be provided to Wicks Road at this gated emergency access location. 10. Prior to the recordation of a Final Map the Applicant shall provide an irrevocable offer of dedication for a two - hundred -foot (2001) wide future right -of -way along the entire northerly boundary for North Hills Parkway. Prior to the issuance of a zoning clearance for the first dwelling unit, and to the satisfaction of the City Engineer, the Applicant shall grade and construct the full width of the roadway to the ultimate grade anticipated per the latest City approved roadway alignment, from the westerly terminus of the property to Spring Road. In addition, roadway improvements will include a minimum of two (2) twelve -foot Resolution No. PC -2003- Page 11 (121) travel lanes and two (2) eight -foot (8') paved shoulders. 11. Prior to the issuance of a zoning clearance for the seventy -fifth (75th) dwelling unit the Applicant shall provide an improved second primary entrance to the tract to the North Hills Parkway. The Applicant shall procure any easements necessary to complete the construction and for maintenance purposes. Sound walls shall be constructed at locations along the portions of the tract that are adversely affected by the future traffic on the North Hills Parkway as indicated in the noise attenuation study and to the satisfaction of the Community Development Director. The North Hills Parkway access shall be a primary access to the site. Once the North Hills Parkway access is in place, the Walnut Canyon access will become an emergency only access, and Wicks Road will remain an emergency only access. Vehicular access rights along North Hills Parkway and Wicks Road shall be dedicated to the City, except for approved project access points included in this approval. 12. The improvements along Walnut Canyon Road associated with the project shall include improvements along the full extent of the frontage, as well as south of the property to Wicks Road, including any standard offsite transitions. Improvements include, but are not limited to dedication of land to provide a sixty- four -foot (64') right -of -way, horizontal and vertical realignment of Walnut Canyon Road in accordance with City and Caltrans standards with no less than eight -foot (81) paved shoulders, no less than twelve - foot (12') travel lanes, no less than twelve -foot (121) turning lanes. Five -foot (5') wide concrete pedestrian walkways shall be installed from the southern boundary of Tract 5405 (William Lyon affordable homes) along the west side of Walnut Canyon Road. The pedestrian facilities along the west side of Walnut Canyon Road shall be extended to the north side of the intersection of Walnut Canyon Road and Casey Road. Pedestrian facilities shall meet all City and American Disabilities Act (ADA) requirements, shall be safe and visible from vehicle and pedestrian traffic along Walnut Canyon Road. Crosswalk facilities will be constructed at Casey Road for pedestrian access to the east side of Walnut Canyon Road. 13. Prior to the recordation of the Final Map the Applicant shall participate in its proportionate share of improvements as identified by the Interim Corridor 0000,70 Resolution No. PC -2003- Page 12 Improvement Plan developed for Walnut Canyon Road. The contribution of this project to the proposed improvements shall be consistent with the Corridor Plan and as a negotiated component of the project Development Agreement. 14. Prior to the issuance of a zoning clearance for the first dwelling unit the Charles Street intersection with Walnut Canyon Road shall be restriped to provide proper pedestrian crossings and to maintain clearance for northbound left turn movements. 15. Prior to the recordation of a Final Map the Applicant shall participate in his /her pro -rata share of the costs of intersection improvements for Los Angeles Avenue /Tierra Rejada Road, Poindexter Road /Moorpark Avenue, Los Angeles Avenue /Moorpark Avenue, Los Angeles Avenue /Spring Road and Spring Road /High Street. The pro -rata share of the improvement cost shall be based on the impact of the project's 110 units to each of the intersections using the traffic report dated October 30, 2000, by Associated Transportation Engineers for Tract No. 5187, as a reference for that determination. 16. Prior to or concurrently with the recordation of a Final Map, if North Hills Parkway (SR 118 bypass) is not constructed, the Applicant shall post bonds for upgrading the Walnut Canyon Road /Casey Road intersection based upon the 2015 projected volumes on Walnut Canyon Road. 17. Prior to approval of the Final Map the Applicant shall fund the full cost of required improvements to the intersection of Moorpark Avenue and High Street to ensure that project plus cumulative traffic does not result in a reduction of Level of Service to Level of Service D. Anticipated improvements to this intersection include widening approaches to provide an additional through lane, re- striping, providing signal timing and coordination between Casey Road and High Street, completing north and south bound lane approaches, and related pedestrian improvements in the vicinity of the Moorpark Avenue /High Street intersection. Moorpark Avenue to the north of the intersection shall be widened to four (4) lanes without narrowing the existing sidewalk. These improvements shall be completed under a reimbursement agreement acceptable both to the City and to the Applicant. Terms of reimbursement shall be defined in the Development Agreement for the project. 000071 Resolution No. PC -2003- Page 13 18. Prior to issuance of a Zoning Clearance for a grading permit, a proposed habitat restoration plan shall be developed to ensure compensation for the loss of native habitats that will occur as a result of project development. The habitat restoration plan shall emphasize the selective use of purple needle grass (Stipa pulchra) and other native grasses in the landscape plan for the property and include (subject to approval of the fire department) , the use of native plants common to Venturian Coastal Sage Scrub habitat (e.g., Salvia apiana, Salvia leucophylla, Artemisia California, Rhus integrifolia, Eriogonum fasciculatum, Encelia California) in upland areas surrounding the project that are disturbed as a result of project development (geologic remediation, construction of fire access roads, etc.). 19. Prior to any grading or construction activities of any kind the Applicant shall have a field survey conducted by a qualified biologist to determine if active nests of bird species protected by the Migratory Bird Treaty Act and /or the California Fish and Game Code are present in the construction zone or within one - hundred feet (100') (two - hundred feet (200') for raptors) of the construction zone. No earlier than forty -five (45) days and no later than twenty (20) days prior to construction or grading /site preparation activities that would occur during the nesting /breeding season of native bird species potentially nesting on the site, (typically February through August) a report of this field survey shall be submitted to the Community Development Director. If active nests are found, a fence barrier shall be erected around the nest site at least fifty feet (50') from the nest (this distance may be greater depending on the bird species and construction activity, as determined by the biologist) . Clearing and construction within the fenced area shall be postponed or halted, at the discretion of the biological monitor, until the nest is vacated and juveniles have fledged, as determined by the biologist, and there is no evidence of a second attempt at nesting. The biologist shall serve as a construction monitor during those periods when construction activities will occur near active nest areas to ensure that no inadvertent impacts on these nests will occur. 20. Prior to issuance of the grading permit, the Applicant shall complete and submit to the City for approval by the Community Development Director, a Habitat Enhancement Plan (HEP) . The plan shall apply to all existing or created on- 000072 Resolution No. PC -2003- Page 14 site oak woodlands, riparian areas, detention basins, and fuel modification zones. The purpose of this plan shall be to increase the biological carrying capacity of these areas. 21. Prior to approval of the Final Map the Applicant shall show on the Final Map gated private street entrances with a seventy- five -foot (75') right -of -way with two (2) entry lanes into the project and a turn - around area for vehicles denied entry. The entry area and gates shall be designed to reflect a common community architectural theme which is carried through to the public entrance and the recreation building. 22. Prior to approval of the Final Map and /or issuance of a Zoning Clearance for grading permit, the proposed open space areas shall be identified by a Conservation Easement /Dedication and shall be secured by, at a minimum: (1) an irrevocable conservation easement, and (2) by a deed restriction. A separate parcel shall be created for transfer of the dedicated Open Space to conservation status. Although the parcel shall be deed restricted to prevent any future development, a reservation for the development of a minimal trail system shall be established. The subject parcels are not required to be designated as permanent Open Space on the City's General Plan Land Use Map. No excavation, drilling, extraction, pumping (excluding such pumping as may be needed for de- watering as part of approved grading operations), mining, or similar activity shall be allowed in any portion of the property zoned Open Space. The limitations and exclusions described in this condition shall be included in the conservation easement. The conservation easement shall be shown on, and irrevocably offered for dedication on, the first Final Map for the subdivision and shall be in a form acceptable to the City and consistent with Civil Code Section 815 et seq. 23. Prior to the commencement of any grading or construction the Applicant shall ensure that the disturbed (ruderal) vegetation zones within the conservation easement/ dedication area are cleared of debris and, to the degree feasible, restored to a state similar to dominant surrounding native habitats. 24. The Applicant shall use native plants in the restoration of areas disturbed by the construction of the project. The City shall monitor the use of native plants through review and approval of all project landscape plans. 00001,73 Resolution No. PC -2003- Page 15 25. The permanent removal of approximately forty (40) trees shall be replaced by the Applicant at a 10:1 mitigation ratio by planting four - hundred (400) California walnut trees in the private open space area. This tree may also be used as one of several screening trees around the southern perimeter of the development. Pepper trees (Schinus molle) shall not be used in the tree planting program. The trees should be planted dominantly within the upland areas above the detention basin, in private open space. Field research shall be conducted by a qualified landscape architect to determine whether soils, drainage, and compaction of the soil are suitable for survival of the species in all areas where restoration is planned. To ensure maximum survival rates, these replacement trees shall be limited to one gallon specimens. If possible, replacement plantings shall be derived from locally harvested native walnuts in the upper reaches of Walnut Canyon. Otherwise, if nursery stock is used for restoration, no grafted stock shall be permitted. A minimum of one - hundred -ten (110) additional trees, not less than fifteen (15) gallons, six feet (6') tall when planted with a one -inch (1 ") caliper, shall be planted in the natural open space area, as approved by the Community Development Director, to offset the value of the trees to be removed. The landscape plan shall also incorporate extensive tree landscaping including specimen size trees, as approved by the Community Development Director. This requirement is in addition to any trees required for graded areas through submittal and approval of a landscape plan and is not intended to substitute for trees required under provisions of the Tree Ordinance. 26. Prior to approval of the Final Map or issuance of the final precise grading plan, the Applicant shall establish an artificial freshwater spring within the private open space area in a location that will provide the maximum potential for long -term use by native wildlife. This spring is designed to replace regionally available water sources that have been destroyed by cumulative development. The location of these artificial springs shall be designated by a qualified vertebrate biologist and botanist or appropriate landscape professional. The spring shall not be placed within four - hundred feet (400') of any existing or proposed trail. The artificial spring shall be maintained to provide year round low flows in volumes similar to existing springs in the Walnut Canyon area. The spring shall be 000074 Resolution No. PC -2003- Page 16 vegetated with native riparian plants, and shall include at least two ( 2 ) Alders (Alnus rhombifolia) , five ( 5 ) Sycamores (Platanus racemosa), two (2) Cottonwood (Populus fremontii), three (3) Arroyo Willow (Salix lasiolepis), four (4) Elderberry (Sambucus mexicana), and five (5) Live Oak (Quercus agrifolia) . Trees shall not exceed five (5) gallon container size (except for Willow) or be bare root at the time of planting. A long term supply of water shall be provided to assure the perpetuity of the plants. Adequate root guard protection shall be provided to reduce mortality from rodent activity. The project Homeowners Association shall be responsible for the long term maintenance of the artificial spring as a component of the private open space program. 27. Prior to the issuance of any grading permit, or clear and grub activities not covered by the City's grading ordinance, the Applicant shall obtain a Clean Water Act Section 401 certification, and Section 404 permit, as required by the Regional Water Quality Control Board and the Army Corps of Engineers. Additionally, a Section 1603 Streambed Alteration Agreement shall be entered into with the California Department of Fish and Game. The Applicant shall adhere to all conditions of these approvals. 28. Prior to the issuance of a zoning clearance for the seventy -fifth (75th) dwelling unit the Applicant shall provide a trail system linking with surrounding subdivisions and the regional trail system. The Applicant is not required to provide any trails or linkages off -site. Signs shall be used only to designate the trails, provide brief safety and /or educational information and prohibit motorized vehicle use. 29. A minimally invasive trail system shall be devised for the open space area which, to the extent feasible, avoids or minimizes impacts to stands of native vegetation. The design of the trail system shall preserve, to the extent feasible, areas of Venturan Coastal Sage Scrub to enhance the potential value for wildlife. All motorized vehicles shall be physically prohibited from entering the private open space conservation area. Prior to the approval of the Final Map, the site plan shall be revised to include the dedicated trail alignment across the open space. The trail system shall be constructed as a minor multi -use trail and access to the area shall otherwise be restricted. The 0000't 5 Resolution No. PC -2003- Page 17 trail system shall be completed prior to occupancy of the seventy -fifth (75th) dwelling unit. 30. Off- road - vehicle use on property within the project boundaries shall be prohibited (except upon approved private streets and maintenance roads). The CC &R's for this project shall specify fines for unauthorized use of off -road vehicles. 31. Prior to the issuance of a zoning clearance for the first dwelling unit the Applicant shall install perimeter fencing in areas where future residents could obtain access to surrounding private lands. The design and location of the fencing shall be to the satisfaction and approval of the Community Development Director. 32. Prior to the issuance of building permits, and coincident with grading activities, the proposed project boundary shall be fenced to minimize intrusions by non - residents. 33. Prior to the initiation of grading the Applicant shall provide proof to the Community Development Director that an archeological monitor has been employed by the Applicant during each phase of grading to monitor initial grading for items of archeological significance. The monitor shall have the authority to stop grading activity in a given area to allow sufficient time for the collection and evaluation of artifacts. 34. Appropriate design of both grading and structures shall be implemented to reduce risks associated with seismic shaking to the standards established by the most recently adopted Uniform Building Code and to the satisfaction of the City Engineer and City Building Official. Additional studies shall be performed by the Applicant as required to enable the determination of appropriate standards of grading and construction. 35. Prior to the issuance of a grading permit the Applicant shall show all existing landslides on the grading plans. The grading plans shall reflect the removal and re- compacted of the landslides to the satisfaction of the City Engineer. 36. Prior to the issuance of a grading permit the Applicant shall provide proof to the City Engineer that all known faults and fault traces have been mapped. An engineering geologist shall be retained on site by the Applicant to evaluate any previously unknown fault traces for recent activity (within the past 11,000 years). Any faults or 0 0 0 0'` G Resolution No. PC -2003- Page 18 traces shall be mapped according to currently accepted industry practice. No structures shall be allowed within fifty feet (50') of an active fault or trace. Structures placed near inactive faults or traces shall be designed to meet the structural standards of the Uniform Building Code which address the demands of ground shaking and the associated secondary ground movement along the inactive fault or trace. 37. Prior to the issuance of a grading permit the Applicant shall show on the grading plans appropriate design of both grading and structures to reduce risks associated with landslides, expansive soils, liquefaction and subsidence to the standards established by the most recently adopted Uniform Building Code and to the satisfaction of the City Engineer and City Building Official. Additional studies shall be performed by the Applicant as required to enable the determination of appropriate standards of grading and construction. 38. Prior to the issuance of a grading permit the Applicant shall show on the grading plans all drainage facilities that are proposed to be constructed to accommodate the runoff volumes required to avoid off -site impacts, to the satisfaction of the City Engineer. These volumes shall include the anticipated additional runoff from the grading required for the extension of North Hills Parkway to the future Spring Road extension. The Applicant shall ensure that all drainage facilities, detention facilities, and NPDES facilities employ appropriate Best Management Practices (BMP's), to the satisfaction of the City Engineer. 39. The Applicant shall show as part of the grading plan an on- site parking area designated for all construction employees, as well as for the staging of construction equipment. This area shall be away from existing residential structures, the location and design shall be to the satisfaction of the Community Development Director. 40. Prior to the beginning of each grading phase the Applicant shall develop construction and grading activity schedules and submit the proposed schedule to the City Engineer and the Community Development Director for review and approval. The schedule shall include a verbatim quote of the City's regulations with regard to construction times, as set forth in the City's Noise Ordinance. All construction and grading activities shall adhere to the City's Noise 000077 Resolution No. PC -2003- Page 19 Ordinance requirements. Once the schedule has been approved by the City Engineer and the Community Development Director, the Applicant shall deliver one copy to each residence at least five working days prior to the start of grading or construction. 41. At such time as Spring Road is extended to connect to North Hills Parkway, the primary access to Walnut Canyon Road shall be closed and shall be utilized as an emergency access point only. The primary access point shall be North Hills Parkway leading to the Spring Road extension. 42. The Applicant shall implement traffic calming measures, to include the installation of necessary devices, on Walnut Canyon Road to the satisfaction of the City Engineer. These measures and /or devices shall be designed to increase the safety of ingress to and egress from the project site at the temporary project access point on Walnut Canyon Road, and at the intersection of Wicks Road and Walnut Canyon Road, the project's secondary access point. 43. The Applicant shall construct a six -foot (61) high decorative block wall along the northern boundary of the project, separating the Ventura County Waterworks District facilities from the North Hills Parkway right of way. Design of the block wall shall be approved by the Community Development Director and the Ventura County Waterworks District. STANDARD CONDITIONS A. For compliance with the following conditions contact the Planning Division of the Community Development Department: 1. The conditions of approval of this Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Ordinances and adopted City policies at the time of tentative map approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. 2. Recordation of this subdivision shall be deemed to be acceptance by the Applicant and his /her heirs, assigns, and successors of the conditions of this Map. A notation which references conditions of approval shall be included on the Final Map in a format acceptable to the Community Development Director. 000018 Resolution No. PC -2003- Page 20 3. This Tentative Tract Map shall expire three ( 3 ) years from the date of its approval. The Community Development Director may, at his /her discretion, grant up to two (2) additional one (1) year extensions for map recordation, if there have been no changes in the adjacent areas and if Applicant can document that he /she has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least thirty (30) days prior to the expiration date of this approval. 4. 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 the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the 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 a Final Map is ultimately recorded with respect to the subdivision. 5. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. All mitigation measures are requirements of the Tentative Tract Map and Residential Planned Development Permit, as applicable. 0000'79 Resolution No. PC -2003- Page 21 6. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 7. Where conflict or duplication between the MMRP and the conditions of approval occurs and applicability for compliance is questioned by the Applicant, the Community Development Director shall determine the applicable condition compliance requirements for each phase of development. 8. Prior to Approval of the Final Map, the Applicant shall submit to the Community Development Department and the City Engineer for review a current title report which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 9. Prior to approval of the Final Map, the Applicant shall pay to the City a fee for the image conversion of the final map and improvement plans, as determined by the Community Development Director, into an electronic imaging format acceptable to the City Clerk. 10. The Applicant shall pay all outstanding case processing (Planning and Engineering), and all applicable City legal service fees within sixty (60) days of approval of this Vesting Tentative Tract Map. The Applicant, permittee, or successors in interest shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of the Tentative Map. 11. Prior to issuance of a Zoning Clearance for grading, Applicant shall submit a complete Landscape Plan, together with specifications and a separate Maintenance Plan. The Landscape Plan shall encompass all areas required to be planted consistent with these conditions of approval. The Landscape Plan shall be reviewed by the City's Landscape Architect Consultant and approved by the Community Development Director prior to Zoning Clearance for grading permit, or first Final Map approval, whichever occurs first. The Landscape Plan shall conform to the latest City of Moorpark Landscape Guidelines and Standards. 12. Prior to the issuance of a zoning clearance for grading the Applicant shall submit to the Community Development Director for review and approval a fencing, perimeter, gate, and privacy barrier wall plan, complete with related I�tl+�i Resolution No. PC -2003- Page 22 landscaping details, identifying the materials to be used and proposed wall heights and. All fences /walls along lot boundaries shall be in place prior to occupancy of each lot, unless timing for installation is otherwise stated in these conditions. Where applicable prior to approval of the final fence /wall plan, the Community Development Director shall approve the connection of property line wall with existing fences and or walls on adjacent residential properties. The Applicant is required at his /her sole expense to connect or reconstruct adjacent residential walls and or fences to the project perimeter wall utilizing the same type of material that comprises existing walls and or fences that are to be connected to the project perimeter wall. 13. The Applicant shall submit fence /wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. All fences, walls and other structures shall be submitted for review and approval by the Community Development Director. 14. Prior to Final Map approval, the Applicant shall provide an irrevocable offer to dedicate to the City any easements required for the City to access and maintain any landscaped areas or drainage improvements outside of the public right - of -way, which have been designated to be maintained by the City. 15. Prior to Final Map approval for any phase, the Applicant shall also provide to the City a signed Petition /Waiver a) requesting formation of an Assessment District to fund future costs for the maintenance of any landscaping and /or drainage facilities designated to be maintained by the City, and b) waiving all rights conferred by Proposition 218 with regard to the right to protest any such assessments. Said Petition and Waiver shall include, as an Exhibit, an Engineer's Report fully setting forth a description of the assessment district and the assessments, consistent with the requirements of the California Streets and Highways Code. Said report shall be prepared by a consultant to be retained by the City. The Applicant shall pay to the City a five - thousand dollars ($5,000) advance to fund the cost of the Engineer's Report. In the event it is determined that there will be no landscaping or extraordinary drainage improvements to be maintained by the City, the Community Development Director may waive this condition with the concurrence of the City Manager. Resolution No. PC -2003- Page 23 16. Prior to Final Map approval, the City Council shall determine which areas shall be maintained by a maintenance assessment district. 17. Within two (2) days after the City Council adoption of a resolution approving this project, the Applicant shall submit to the City of Moorpark a check for of one- thousand- one- hundred -fifty dollars ($1,250.00) plus a check for twenty -five dollar ($25.00) filing fee, both payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to Public Resources Code Section 21089, and Fish and Game Code Section 711.4, the project is not operative, vested or final until the filing fees are paid. 18. The Applicant shall pay to the City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees shall include but not be limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Further, unless specifically exempted by City Council, the Applicant is subject to all fees imposed by City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 19. During construction, the Applicant shall allow all persons holding a valid cable television franchise issued by the City of Moorpark ( "Cable Franchisees ") to install any equipment or infrastructure (including conduit, power supplies, and switching equipment) necessary to provide Franchisee's services to all parcels and lots in the Project. The Applicant shall provide notice of its construction schedule to all Cable Franchisees sufficiently in advance of construction to allow the Cable Franchisees to coordinate installation of their equipment and infrastructure with that schedule. City shall provide the Applicant a list of Cable Franchisees upon the Applicant's request. 20. Prior to approval of Zoning Clearance for residential unit building permit, the Applicant shall pay fees in accordance with Section 8297 -4 of the City's Subdivision Ordinance (Parks and Recreation Facilities). 000082 Resolution No. PC -2003- Page 24 B. For compliance with the following conditions please contact the City Engineer: General Conditions: 21. Prior to the recordation of the Final Map the Applicant shall post sufficient surety guaranteeing completion of all site improvements within the development and offsite improvements required by the conditions as described herein (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. 22. Prior to the issuance of a grading permit or prior to the approval of a Final Map the Applicant shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County Water Resources Development Department. 23. If hazardous materials are found on the site, the Developer shall stop all work and notify the City immediately. The Developer shall develop a plan that meets City, State and Federal requirements for its disposal. 24. The Applicant shall comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations implemented by the County of Ventura Public Works Department Waterworks District No. 1. 25. All existing and proposed utilities shall be under grounded as approved by the City Engineer. This also includes all existing above ground power lines adjacent to the project site that are less than 67Kv. 26. Prior to improvement plan approval, the Applicant shall submit plans to the Ventura County Fire Prevention Division and obtain the approval of the location of fire hydrants. 27. The Applicant shall provide all easements and rights -of -way granted to the City free and clear of all liens and encumbrances. 000083 Resolution No. PC -2003- Page 25 28. Prior to any work being conducted within any State, County, or City right of way, the Applicant shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. 29. Prior to the approval of Final Map the Applicant shall submit to the Community Development Department and the City Engineer for review a current title report, which clearly states all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 30. Any mapping that requires review and approval by the County of Ventura shall be concurrently submitted to the City Engineer for review and approval. The Applicant shall be responsible for all associated fees and review costs. 31. The Final Map shall be prepared by a California Registered Engineer meeting all of the provisions of the Subdivision Map Act. 32. Any lot -to -lot drainage easements and secondary drainage easement shall be delineated on the Final Map. Assurance in the form of an agreement shall be provided to the City that these easements shall be adequately maintained by property owners to safely convey storm water flows. Said agreement shall be submitted to the City Engineer for review and approval and shall include provisions for the owners association to maintain any private storm drain or National Pollution Discharge Elimination System, hereinafter NPDES system not maintained by a City Assessment District and shall be a durable agreement that is binding upon each future property owner of each lot. 33. On the Final Map, the Applicant shall offer to dedicate to the City of Moorpark all rights -of -way for public streets. 34. Prior to submittal of the Final Map for review and approval, the Applicant shall transmit by certified mail a copy of the conditionally approved Tentative Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written evidence of compliance shall be submitted to the City Engineer. 35. All development areas and lots shall be designed and graded so that surface drainage is directed to acceptable locations or natural or improved drainage courses as approved by the City Engineer. Altered drainage methods and o0008 4 Resolution No. PC -2003- Page 26 patterns onto adjacent properties shall not be allowed without mitigation. 36. ROC, NOx and dust during construction grading shall meet the suppression requirement of the Ventura County Air Pollution Control District and the City of Moorpark. 37. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project Erosion and Sediment Control Plan 38. To minimize the water quality effects of permanent erosion sources, appropriate design features shall be incorporated into the project grading plan to the satisfaction of the City Engineer. The City Engineer shall review and approve the grading plan to verify compliance with Best Management Practices features. 39. The following measures shall be implemented during all construction activities throughout build out of the project to minimize the impacts of project - related noise in the vicinity of the proposed project site: a. Construction activities shall be limited to between the following hours: a) 7:00 a.m. to 6 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services and may be further restricted or prohibited should be City receive complaints from adjacent property owners. No construction work is to be done on Sundays and City observed holidays pursuant to Section 15.26.010 of the Municipal Code. b. Truck noise from hauling operations shall be minimized through establishing hauling routes that avoid residential areas and requiring that " "Jake Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and shall be approved by the City Engineer. C. The Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. d. Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. 000085 Resolution No. PC -2003- Page 27 e. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding rural residential neighborhoods. f. Property owners and residents located within six - hundred feet (600') of the project site, shall be notified in writing on a monthly basis of construction schedules involving major grading, including when clearing and grading is to begin. The project developer shall notify adjacent residents and property owners by Certified Mail - Return Receipt Requested of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be approved by the City Engineer in advance of its mailing and the return receipts, evidencing United States mail delivery, shall be provided to the Engineering Department. g. A construction effects program shall be prepared and submitted to the City after completion and occupancy of the first phase of project build out. This program shall protect, to the degree feasible, new residents from the impacts of sustained construction. 40. The Applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Map, prepared by a Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. 41. The final grading plan shall meet all Uniform Building Code (UBC) and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 42. Concurrent with submittal of the rough grading plan a sediment and erosion control plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irrigation and hydroseeding on all graded areas within thirty (30) days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. Resolution No. PC -2003- Page 28 43. This project is projected to import soils onsite. Import /export operations requiring an excess of one - hundred (100) total truckloads or one - thousand (1,000) cubic yards of material shall require City Council approval prior to the commencement of hauling or staged grading operations. A haul route is to be submitted for review and approval by the City Engineer and Community Development Director. Additional surety for the cleaning and /or repair of the streets shall be required as directed by the City Engineer. 44. All requests for staged grading shall be submitted in writing to the City Engineer for review and approval by the City Council. 45. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to a temporary or permanent grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days except that during the rainy season these measures will be implemented immediately. 46. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted a certified soil engineer will review plans and their recommendations will be subject to the review and approval of the City Engineer and the Community Development Director. 47. All graded slopes shall be planted in a timely manner with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. The planting will be to the satisfaction of the Community Development Director and the City Engineer. 48. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately eighteen inches (18 ") high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding four feet (4') in height are adjacent to sidewalk. The Applicant shall use the City's standard slough wall detail during the design and construction. The City Engineer and Community Development Director shall approve all material for the construction of the wall. Resolution No. PC -2003- Page 29 49. Prior to any work being conducted within any State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits will be provided to the City Engineer. 50. During site preparation and construction, the Applicant shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. 51. During smog season (May - October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. 52. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Engineer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 53. The Applicant shall utilize all prudent and reasonable measures (including installation of a six -foot (6') high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 54. Backfill of any pipe or conduit shall be in four -inch (4 ") fully compacted layers unless otherwise specified by the City Engineer. 55. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every two feet (21) of lift and one - hundred (100) lineal feet of trench excavated. Test locations shall be noted using street stationing with offsets from street centerlines. 56. All vehicles in the construction area shall observe a fifteen -mile per hour (15 mph) speed limit for the construction area at all times. 57. During site preparation and construction, the Applicant shall construct temporary storm water diversion structures per City of Moorpark standards. 0000 ''` s Resolution No. PC -2003- Page 30 58. The entire site shall be graded at the same time. Pads shall be graded, planted and landscaped to the satisfaction of the City Engineer. 59. Prior to submittal of grading plans the Applicant shall have a geotechnical report prepared to the satisfaction of the City Engineer. 60. Prior to issuance of a building permit, all habitable structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. 61. Prior to issuance of a building permit, an as- graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. 62. In accordance with Business and Professions Code 8771 the street improvement plans shall provide for a surveyor's statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. 63. Monuments shall meet the City of Moorpark, County of Ventura Standards and shall be to the satisfaction of the City Engineer. 64. Prior to the issuance of a Zoning Clearance for construction for each residential unit, the Applicant shall make a contribution to the Moorpark Traffic Systems Management (TSM) Fund of one- thousand - four - hundred - forty- four dollars ($1,444.00) per residential unit to fund TSM programs or clean -fuel vehicles programs as determined by the City. Commencing on January 1, 2005, and annually thereafter the Air Quality Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month of December over the prior month of December. In the event there is a decrease in the CPI for any annual indexing, the fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 65. As a condition of the issuance of a building permit for each residential unit, Developer shall pay City a traffic Resolution No. PC -2003- Page 31 mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by the City in its sole and unfettered discretion. On the effective date of approval of this map, the amount of the Citywide Traffic Fee shall be four- thousand - three - hundred- eighty- nine dollars ($4,389) per dwelling unit. Commencing January 1, 2004, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 66. The Applicant shall contribute to the Los Angeles Avenue Area of Contribution (AOC) Fee Program. The Los Angeles Avenue AOC Fee shall be paid in accordance with City Council adopted AOC fee requirements in effect at the time of building permit application. The AOC Fee shall be paid prior to the issuance of Zoning Clearance for each building permit. 67. Prior to or concurrently with the Final Map and prior to any construction on State Highways an encroachment permit shall be obtained from Caltrans. Any additional rights -of- way required to implement the approved design for this work in the Caltrans right -of -way, including slope easements for future grading, shall be acquired by the Applicant and dedicated to the State in a manner acceptable to Caltrans and the City Engineer. All required dedications shall be illustrated on the Final Map. Proof of encroachment or other non -City permits and bonds shall be provided to the City Engineer prior to the start of any grading or construction activities. 68. Prior to or concurrently with the Final Map and prior to any construction for all streets, except for those under the jurisdiction of Caltrans the Applicant shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a California Registered Civil Engineer, enter into an agreement with the City of Moorpark to complete public improvements, and post sufficient surety guaranteeing the construction of all improvements. Public streets shall conform to City of Moorpark requirements iitl' 1 Resolution No. PC -2003- Page 32 including all applicable ADA requirements. Street improvements shall be acceptable to the City Engineer and Community Development Director. 69. All streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision), unless noted otherwise in the Conditions. 70. The street improvements shall include concrete curb and gutter, street lights, and signing, striping, interim striping and traffic control, paving, and any necessary transitions, to the satisfaction of the City Engineer. The City Engineer and the Community Development Director shall approve all driveway locations. The Applicant shall dedicate any additional right -of -way necessary to make all of the required improvements. 71. Driveways shall be designed in accordance with the latest American Public Works Association (APWA) Standards. 72. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within the right -of -way landscaping areas. When above ground obstructions are to be placed within the sidewalk, a minimum three and one -half feet (3.5') clear sidewalk width must be provided around the obstruction. 73. The Applicant shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. All fences, walls and other structures over six feet (6') high are to be submitted to and approved by the Community Development Director and the City Engineer. 74. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the Applicant at the Applicant's expense. 75. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. Prior to Final Map recordation, the Applicant shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 76. The Applicant shall make a pro -rata contribution to the mitigation of cumulative regional drainage deficiencies, should the City adopt such a program prior to issuance of the first building permit. 000091. Resolution No. PC -2003- Page 33 77. Prior to or concurrently with the Final Map the Applicant shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete improvements and shall post sufficient surety guaranteeing the construction of all improvements. 78. The plans shall depict all on -site and off -site drainage structures required by the City. 79. The drainage plans and calculations shall relate to conditions before and after development. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention and NPDES facilities and drainage courses will be addressed. 80. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: a. All storm drains shall carry a ten -year (10 yr) frequency storm. b. All catch basins shall carry a ten -year (10 yr) frequency storm. C. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows. d. All culverts shall carry a one - hundred -year (100 yr) frequency storm. 81. Surface flows shall be intercepted, detained and given sufficient time to provide storm water clarification by X %passive" BMP systems prior to entering collector or storm drain systems. 82. Under a ten -year (10 yr) frequency storm, local, residential and private streets shall have one dry travel lane available on interior residential streets. Collector streets shall have a minimum of one dry travel lane in each direction. 83. "After- development" drainage to adjacent parcels shall not be increased above "Pre- development" drainage quantities nor will surface runoff be concentrated by this development. All drainage measures necessary to take care of storm water flows shall be provided to the satisfaction of the City Engineer. 000092 Resolution No. PC -2003- Page 34 84. Drainage grates shall not be used at any location accessible by pedestrian, bicycle or equestrian traffic. 85. The grading plan shall also show contours indicating the fifty- and one - hundred -year (50 & 100 yr) flood levels. 86. All flows that have gone through flow attenuation and clarification by use of acceptable BMP systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices shall be deposited directly into the storm drain system and shall be restricted from entering streets. If necessary, the storm drain system shall be extended to accept these flows. Both storm drains and easements outside the public right -of -way are to be privately maintained unless otherwise approved by the City Council. 87. Concrete surface drainage structures exposed to the public view, shall be tan colored concrete, as approved by the Community Development Director, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. 88. In order to comply with California Regional Water Quality Control Board requirements no curb outlets will be allowed for pad drainage onto the street. The Applicant shall inform all new and future homeowners that future improvements such as pool construction or other private improvements require observance of the same requirements. This notification agreement shall be acknowledged by each homeowner and recorded with each. 89. Drainage devices for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge to the satisfaction of the City Engineer. 90. A hydraulic /hydrologic study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Applicant shall make any downstream improvements, required by the City, to support the proposed development. 91. Improvements shall be constructed to detain drainage on- site when the drainage amount is between the ten -year and fifty -year storm event. A rainfall intensity Zone K shall be utilized in the design unless alternate design intensity is approved by the City Engineer. 000093 Resolution No. PC -2003- Page 35 92. Prior to the issuance of a grading permit the Applicant shall demonstrate, for each building pad within the development area, that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a one - hundred -year (100 yr) frequency storm; b. Feasible access during a fifty -year (50yr) frequency storm. C. Hydrology calculations shall be per current Ventura County Flood Control Standards. d. All structures proposed within the one - hundred -year (100 yr) flood zone shall be elevated at least one foot above the one - hundred -year (100 yr) flood level. 93. The Applicant shall provide for all necessary on -site and off -site storm drain facilities to the satisfaction of the City Engineer to accommodate upstream and on -site flows. Facilities, as shown on existing drainage studies and approved by the City Engineer, shall be delineated on the final drainage plans. Either on -site detention basins or storm water acceptance deeds from off -site property owners must be specified. 94. The design of the storm drain system shall provide for adequate width easements for future maintenance and reconstruction of facilities particularly those facilities that are deeper than eight feet (8'). In addition all facilities shall have all - weather vehicular access. This design shall be to the satisfaction of the City Engineer. 95. Engineering and geotechnical reports shall be provided to prove, to the satisfaction of the City Engineer, that all "Npassive" NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 96. The Applicant shall demonstrate and certify to the satisfaction of the City Engineer that all existing storm drain culverts within the site shall perform in an acceptable manner based on their intended design and the proposed increase /decrease of loading conditions, introduction of surface water within subsurface areas that may affect the culvert and proposed construction. This especially includes cast -in -place concrete pipe (CIPP). Resolution No. PC -2003- Page 36 97. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Applicant shall submit a Storm Water Pollution Control Plan (SWPCP) to be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002, to the satisfaction of the City Engineer. 98. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Applicant shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The Applicant shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan (SWPPP). 99. The Applicant shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of one or more acres." The Applicant shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 100. The Applicant shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 101. Prior to Final Map approval, the Applicant shall provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive Best Management Practices (BMP' s) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Developer to provide for maintenance in perpetuity. 102. Prior to City issuance of the initial grading permit, the Applicant shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require Applicant to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other 000095 Resolution No. PC -2003- Page 37 lubricants. The onsite maintenance of all equipment that can be performed offsite will not be allowed. 103. Prior to the starting the Applicant shall for NPDES compliance. present on the projec all other days when percent (40%) or hig during all grading or of grading bonds. The authority to hire contracts, rent equir- extent needed to effec NPDES superintendent Engineer of attendan courses satisfactory t than eight ( R ) hnil of grading or any ground disturbance esignate a full -time superintendent The NPDES superintendent shall be site Monday through Friday and on the probability of rain is forty .er and prior to the start of and --learing operations until the release NPDES superintendent shall have full >ersonnel, bind the Applicant in rent and purchase materials to the tuate Best Management Practices. The shall provide proof to the City :e and satisfactory completion of the City Engineer totaling no less rii rPr,tarl c_nar- i fie--:)] l -,7 tr, TODnVQ compliance and effective use of Best Management Practices. Proof of such attendance and completion shall be provided to the City Engineer prior to employment to the NPDES superintendent. In addition, an NPDES superintendent shall be employed to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. 104. If any of the improvements which the Applicant is required to construct or install is to be constructed or installed upon land in which the Applicant does not have title or interest sufficient for such purposes, the Applicant shall do all of the following at least sixty (60) days prior to the filing of the Final Map for approval pursuant to Governmental Code Section 66457: a. Notify the City of Moorpark (hereinafter City) in writing that the Applicant wishes the City to acquire an interest in the land, which is sufficient for the purposes as provided in Governmental Code Section 66462.5. b. Supply the City with: (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value 0 0 0 0/' Resolution No. PC -2003- Page 38 of the interest to be acquired, and (iv) a current Litigation Guarantee Report. c. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the Applicant will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 105. Prior to the issuance of a building permit for the first residence a copy of the recorded Map(s) shall be forwarded to the City Engineer for filing, and a final grading certification shall be reviewed and approved by the City Engineer. 106. Prior to acceptance of public improvements and bond exoneration reproducible centerline tie sheets shall be submitted to the City Engineer's office. 107. Prior to acceptance of public improvements and bond exoneration sufficient surety in a form and in an amount acceptable to the City guaranteeing the public improvements shall be provided, and shall remain in place for one year following acceptance by the City. 108. Prior to acceptance of public improvements and bond exoneration original "as built" plans shall be certified by the Applicant's Registered Civil Engineer and submitted with two sets of blue prints to the City Engineer's office. These "as built" plans shall incorporate all plan revisions. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36", they shall be resubmitted as "record drawings" in a series of 22" X 36" mylar sheets (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection is scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer. In addition, Developer shall provide an electronic file update on the City's Master Base Map electronic file, incorporating all storm drainage, water and sewer mains, lines and appurtenances and any other utility facility available for this project. 00009 Resolution No. PC -2003- Page 39 C. For compliance with the following conditions please contact the Ventura County Fire Department: 109. Prior to combustible construction, an all weather access road /driveway suitable for use by a twenty -ton (20 -ton) Ventura County Fire Protection District (Fire District) vehicle shall be installed. 110. All access roads /driveways shall have a minimum vertical clearance of thirteen feet six inches (1316 "). 111. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire District access roads /driveways exceed one - hundred -fifty feet (150'). Turnaround areas shall not exceed a two and one -half percent (2.50) cross slope in any direction and shall be located within one - hundred -fifty feet (1501) of the end of the access road /driveway. 112. Public and private roads shall be named if serving more than four (4) parcels. 113. Prior to recordation of street names, proposed names shall be submitted to the Fire District's Communications Center for review. 114. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with City of Moorpark Road Standards. 115. Address numbers, a minimum of four inches (4 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than one - hundred -fifty 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 posed adjacent to the driveway entrance. 116. Prior to or concurrently with the submittal of plans for building permits a plan shall be submitted to the Fire District for review and approval indicating the method in which buildings are to be identified by address numbers. 117. Prior to construction, the Applicant shall submit plans to the Fire District for placement of fire hydrants. On plans, show existing hydrants within five - hundred feet (500') of the development. Indicate the type of hydrant, number and size of outlets. Resolution No. PC -2003- Page 40 118. Prior to combustible construction fire hydrants shall be installed and in service and shall conform to the minimum standards of the City of Moorpark Water Works Manual. 119. Prior to occupancy of any structure, blue reflective hydrant location marketers 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. 120. Prior to map recordation, the Applicant shall provide to the Fire District, verification from the water purveyor that the purveyor can provide the required fire flow of one - thousand (1,000) gallons per minute at twenty (20) psi. 121. A copy of all recorded maps shall be provided to the Fire District within seven (7) days of recordation of said map. D. For compliance with the following conditions please contact the Ventura County Waterworks District No. 1: 122. Prior to issuance of a building permit, provide Ventura County Waterworks District the following: a. Water and sewer improvement plans in the format required. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. C. Copy of approval of fire hydrant locations by County of Ventura Fire Protection District. d. Copy of Release from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. Fees: Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. g. Signed Contract to install all improvements and a Surety Bond. E. For compliance with the following conditions please contact the Ventura County Flood Control District: 123. No direct storm drain connections to Ventura County Flood Control District facilities shall be allowed without 0()OOOf1 Resolution No. PC -2003- Page 41 appropriate Best Management Practices (BMP's) for compliance with Ventura Countywide Stormwater Program. 124. Cross Connection Control Devices: At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. 000100 Resolution No. PC -2003- Page 42 EXHIBIT D SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 1998 -02 SPECIAL CONDITIONS 1. Prior to issuance of Zoning Clearance for the first residential unit, the Applicant shall contribute up to thirty- thousand dollars ($30,000) for funding endangered wildlife species breeding, predator trapping, or other support programs in the open space easement area as required by the U.S. Fish and Wildlife Service. This contribution shall be coordinated with the U.S. Fish and Wildlife Service and be made to an appropriate private conservation institution upon approval of the U.S. Fish and Wildlife Service. Evidence of contribution approved by the service shall be presented to the City prior to the issuance of building permits. 2. Prior to the issuance of a Zoning Clearance for construction, the Applicant shall contribute fifteen - thousand dollars ($15,000) towards the City's sensitive species research program (established as a component of the Open Space Trust Fund related to maintenance of the Open Space, Conservation and Recreation Element and related programs). 3. The SunCal architectural booklet titled Vistas at Moorpark Design Guidelines, dated July 9, 2001, Exhibit "A" (as amended in Special Conditions herein), shall form the basis of the evaluation of architectural treatment to be incorporated on each residential structure for permit issuance. At a minimum, the pen and ink drawings that have depicted the respective architectural style and sub -style shall be incorporated in the project as presented in the architectural manual. 4. The following changes to the Vistas at Moorpark Design Guidelines, dated July 9, 2001, shall be incorporated by the Applicant and new copies of the guidelines submitted to the Community Development Director, prior to City Council action on the project: 00010 -. Resolution No. PC -2003- Page 43 a. Adjoining residential units may not have the same floor plan or elevation. b. Compatibility of Changes to Plans: No expansion, alteration or change in architectural elements that is visible from any abutting street shall be allowed, unless in the judgment of the Community Development Director it is compatible with all dwellings having frontage on the same street and located within two - hundred feet (2001) of the side property line of the structure proposed for expansion or alteration. C. All facilities and uses other than those specifically requested in the application are prohibited unless an application for a modification has been approved by the City of Moorpark. Any minor changes to this permit shall require the submittal of an application for a Permit Adjustment and any major changes to this permit shall require the submittal of a Modification. d. A minimum of three (3) architectural styles shall be included in the tract, and a minimum of three (3) sub - styles (color & material scheme) shall be included in the architectural styles. e. No more than forty percent (400), but no less than twenty five percent (250), of the dwellings shall be represented by any one of the architectural styles and no sub -style comprising more than forty percent (400) of the maximum number of dwellings allowed for the primary architectural style. f. The roof design for all structures as viewed from any street outside of the project (including Walnut Canyon Road and North Hills Parkway) shall be varied unit by unit which may be accomplished through the use of at least one (1) of the following: alternative roof designs; alternative materials and colors; a combination roof design such as hip and gable; the use of dormer details; or by adjusting the plotting of the building to the satisfaction of the Community Development Director. g. Not more than forty percent (400) of the units on any block face shall have the same architectural plan and elevation. This prohibition shall not apply to areas which are required to be single story units. h. Accessory buildings over one - hundred - twenty square feet (120 s.f.) in area or which require a building 0001021 Resolution No. PC -2003- Page 44 permit may be located only in rear yard areas and must be of an architectural style and color and constructed of materials consistent with the main structure. i. Garden walls and fencing to a maximum height of thirty -six inches (36 ") may be placed in front yard setback areas provided that they are architecturally consistent with the main building as approved by the Community Development Director. j. All property line walls or fences shall be constructed of masonry, stone or concrete products and be in earth tone colors, except for interior view lots where wrought iron and masonry or stone pilasters may be used as determined and approved by the Community Development Director. k. All walls at the side yard return (side property line to main building) or on a corner lot that are visible from any street, shall be constructed of masonry, stone or concrete products, or wrought iron and shall be architecturally consistent with the main building to the satisfaction of the Community Development Director. 1. Garages shall maintain a clear unobstructed dimension of twenty feet (20') in length and ten feet (10') in width for each parking stall provided with a minimum of two (2) garage - parking stalls required for each dwelling unit. M. Rain gutters and downspout shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to the street or drives in non - corrosive devices as determined by the City Engineer. n. All residential units shall be constructed employing energy saving devices o. At a minimum, forty percent (400) of all residential units shall be of a single -story design with a ridgeline height not greater than twenty one (21') feet. p. All residential units around the periphery of the project, adjacent to Walnut Canyon Road, Wicks Road and the eastern boundary of this project shall be single -story in design. 00010.3 Resolution No. PC -2003- Page 45 q. Accessory buildings may not have a height (measured at highest point of structure) greater than twelve (12') feet. 5. A minimum one - thousand square foot (1,000 s . f . ) club house, swimming pool, and the landscaping within the paseos and park lots must be constructed and capable of home owner use prior to or concurrent with the final inspection of the first residential structure. 6. A deed restriction shall be recorded in favor of the City to irrevocably limit the height of all residential units adjacent to Walnut Canyon Road, Wicks Road and the eastern boundary to one (1) story in height as defined by the Vistas at Moorpark Design Guidelines, dated July 9, 2001 (as amended in Special Conditions). Each buyer shall sign an acknowledgement statement indicating that this deed restriction has been explained to them. A copy of the acknowledgement shall be provide to the Community Development Director and shall be filed with each building permit. 7. Accessory buildings may not have a height (measured at highest point of structure) greater than twelve (12') feet. 8. Hot water solar panel stub -outs shall be provided. 9. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee or owner shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within five (5) days after notification. STANDARD CONDITIONS A. For compliance with the following conditions please contact the Community Development Department: 1. The Residential Planned Development permit is granted for the land and project as identified on the entitlement application form and as shown on the plot plans and elevations incorporated herein by reference as Exhibit "A ". The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. 2. All conditions of Tentative Tract Map 5130 shall apply to this residential planned development permit. 000'._04 Resolution No. PC -2003- Page 46 3. Unless the Residential, Development Permit is inaugurated (building foundation slab in place and substantial work in progress) not later than three (3) years after this permit is granted, this permit shall automatically expire on that date. The Community Development Director may, at his /her discretion, grant up to two (2) one (1) year extensions for project inauguration if there have been no changes in the adjacent areas and if Applicant can document that he /she has diligently worked towards inauguration of the project during the initial three -year period and the Applicant has concurrently requested a time extension to the tentative tract map. The request for extension of this entitlement shall be made at least thirty (30) days prior to the expiration date of the permit. 4. Prior to occupancy of each dwelling unit the Applicant shall install front yard landscaping as approved on the landscape plans. 5. No expansion, alteration or change in architectural elements that are visible from any abutting street shall be allowed, unless in the judgment of the Community Development Director such change is compatible with all dwellings having frontage on the same street and located within two - hundred feet (2001) (or as otherwise determined by the Community Development Director) of the side property line of the structure proposed for expansion or alteration, subject to the review and approval of the Community Development Director consistent with these approved conditions and Zoning Code requirements. 6. All air conditioning or air exchange equipment shall be placed at ground level, may not be placed in a sideyard setback area within fifteen feet (15') of an opening window at ground floor level of any residential structure, and shall not reduce the required sideyards to less than five feet (5' ) of level ground. 7. All facilities and uses other than those specifically requested in the application are prohibited unless an application for a modification is submitted to the Department of Community Development consistent with the requirements of the Zoning Code. 8. Garages shall maintain a clear unobstructed dimension of twenty feet (20') in length and ten feet (10') in width for each parking stall provided with a minimum of two garage - parking stalls required for each dwelling unit. oacle. Resolution No. PC -2003- Page 47 9. Rain gutters and downspout shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to the street or drives in non - corrosive devices as determined by the City Engineer. 10. Prior to the issuance of a Zoning Clearance for construction, working drawings, grading and drainage plans, plot plans, final map (if requested by the Community Development Director), sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. B. For compliance with the following conditions please contact the Engineering Division: 11. The City Engineering conditions of approval for Tentative Tract Map No. 5130 apply to Residential Planned Development Permit No. 2003 -01. C. For compliance with the following conditions please contact the Ventura County Fire Department: 12. All conditions of Tentative Tract Map 5130 shall apply. D. For compliance with the following conditions please contact the Ventura County Waterworks District No. 1: 13. All conditions of Tentative Tract Map 5130 shall apply. E. For compliance with the following conditions please contact the Police Department: 14. Prior to issuance of building permits for either the residential or recreational components of the project, the Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. To the degree feasible, public safety planning recommendations shall be incorporated into the project plans. The Applicant shall prepare of list of project features and design components that demonstrate responsiveness to defensible space design concepts. Review and approval by the Police Department of all defensible space design features incorporated into the project shall occur prior to initiation of the building plan check process. OQO�!.06 Resolution No. PC -2003- Page 48 F. For compliance with the following conditions please contact the Moorpark Unified School District: 15. Prior to issuance of building permits for the residential units, all legally mandated school impact fees applicable at the time of issuance of a building permit shall be paid to the Moorpark Unified School District. -End- 00010 ITEM: 8. Be MOORPARK PLANNING COMMISSION REVISED AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by David A. Bobardt, Planning Manag DATE: August 14, 2003 (PC Meeting of 8/20/2003) SUBJECT: Consider a Public Hearing to Accept Oral Comments on the Draft Environmental Impact Report for Specific Plan No. 2001 -01: North Park Village and Nature Preserve BACKGROUND This report supercedes the August 20, 2003, Planning Commission Meeting Agenda Report, dated July 30, 2003, it its entirety. On July 11, 2003, the Community Development Department released a Draft Environmental Impact Report (EIR) on the proposed North Park Village and Nature Preserve Specific Plan for public review. The period for accepting written comments is from July 11, 2003 to August 25, 2003, unless such time is extended by the Community Development Director. The City's adopted procedures for the processing of Environmental Impact Reports require the Planning Commission to hold a hearing on the Draft Environmental Impact Report. DISCUSSION The Planning Commission hearing allows for the acceptance of oral comments on the Draft EIR. Oral comments received at this hearing will be treated in a similar manner as written comments. Relevant concerns will be summarized and a written response will be prepared for the Final EIR. The Notice of Availability of the Draft EIR also noticed this hearing. It was sent to property owners within 1,000 feet of the project boundaries and was published in the Ventura County Star. In addition, Public Hearing signs were posted at College View Park and on the property (at the Moorpark College overflow lot). Since the Notice of Completion was filed there have been a number \ \mor_pri_sery \City Share \Community Development \DEV PMTS \S P \11 -North Park \Agenda Reports \03081 rev Draft EIR Report to PC.doc;;��O's Honorable Planning Commission August 20, 2003 Page 2 of requests from the community for additional time to comment on the Draft EIR due to its size and complexity. When the Hidden Creek Draft EIR (a previously certified Final EIR for a larger area of land encompassing North Park) was distributed for public comment, its comment period was extended for an additional thirty days. It is the Community Development Director's opinion that the request for additional time is reasonable and therefore, the Community Development Director has extended the public comment period for an additional thirty days. Public comment on this Draft EIR will now end on September 24, 2003. STAFF REC011- MATION 1. Open the public hearing, accept public testimony and refer the comments to staff for preparation of responses for the Final Environmental Impact Report. 2. Continue the item, public hearing open, to September 16, 2003, for acceptance of additional public testimony during the extended public review period. 0CCI10 9